Acts of the state of Georgia, 1849-50 [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: RICHARD M. ORME, STATE PRINTER 18490000 English

Page 1

ACTS OF THE STATE OF GEORGIA, 1849-50. 18490000 18500000 PUBLISHED BY AUTHORITY. MILLEDGEVILLE: RICHARD M. ORME, STATE PRINTER. 1850.

Page 2

The following House Bill is recorded in the Original Volume, Georgia Laws 1-74, 1849-1850; but is not recorded in the Printed Volume, Georgia Laws 1845; 1847; 1849/50. H.B. 48 (Pages 188-191): An Act to alter and change the time of holding the Superior Court of the county of Macon of the Southwestern Circuit and to require the same to be held two weeks if necessary. Approved, 20th December 1849.

Page 3

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, 1849 1850. AN ACT to appropriate money for the support of Government for the political years eighteen hundred and fifty and eighteen hundred and fifty-one. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the following sums of money be, and the same are hereby appropriated to the respective persons and objects hereinafter named, viz: The sum of three thousand dollars each year to his Excellency the Governor, as his salary; and the sum of sixteen hundred dollars to each, the Secretary of State, the Comptroller General, the Treasurer, and the Surveyor General, for each year; the sum of twelve hundred and fifty dollars each to the Secretaries (not to exceed three) employed in the Executive Department, for each year; the sum of eighteen hundred dollars to each of the Judges of the Superior Court for the several Judicial Circuits within this State, and such as may be created by this General Assembly, for each year; the sum of two thousand five hundred dollars to each of the Judges of the Supreme Court for the Correction of Errors, annually; the sum of one thousand dollars annually to the Reporter of the said Supreme Court; and the sum of two hundred and twenty-five dollars to each, the Attorney General and Solicitors General, per annum. SECTION 2. And be it further enacted, That the sum of ten thousand dollars be appropriated as a contingent fund for each of the years eighteen hundred and fifty and eighteen hundred and fifty-one. SECTION 3. And be it further enacted, That the sum of one thousand dollars be appropriated as a military fund for each of the years eighteen hundred and fifty and eighteen hundred and fifty-one. SECTION 4. And be it further enacted by the authority aforesaid, That the sum of ten thousand dollars be appropriated

Page 4

as a printing fund for the year eighteen hundred and fifty, and the sum of two thousand dollars as a printing fund for the year eighteen hundred and fifty-one. SECTION 5. And be it further enacted, That the sum of fifteen hundred dollars be appropriated to pay the salary of the Superintendent and Resident Physician of the Lunatic Asylum, annually; and the sum of four thousand six hundred and twenty-five dollars be appropriated to pay the salaries of Trustees and Treasurer, and sub-officers, attendants and servants' hire; and the sum of six thousand dollars for the support of pauper patients in the Asylum, annually, for the years eighteen hundred and fifty and eighteen hundred and fifty-one. SECTION 6. And be it further enacted, That the sum of one hundred and fifty dollars be appropriated annually to pay the Chaplain of the Penitentiary, the sum of three hundred dollars to pay the Military Storekeeper at Savannah each year, and the sum of one hundred and fifty dollars to the Military Storekeeper at Milledgeville each year; the sum of fifty dollars, to be paid to Otis Childs for winding up and keeping in repair the State House clock each year; and the sum of fifty dollars to David Creamer, to scour and keep clean and air the Senate Chamber and the Representative Hall, and preserve the furniture in each, annually. SECTION 7. And be it further enacted, That the sum of six dollars per diem be appropriated to each, the President of the Senate and Speaker of the House of Representatives, during the present session of the General Assembly, and the sum of four dollars to each for every twenty miles coming to and returning from the Seat of Government; and the sum of five dollars per day to each member of the General Assembly during its present session; and the sum of four dollars for each twenty miles coming to and returning from the Seat of Government: Provided, That no member shall receive pay for any time after having left for the remainder of the session, or for any time he may have been absent without leave from that branch of the General Assembly of which he is a member, unless absent from sickness of themselves or family. SECTION 8. And be it further enacted, That the sum of six dollars each per day shall be paid to the Secretary of the Senate and Clerk of the House of Representatives, and the like sum to each of their respective assistants; and the further sum, to the Secretary and Clerk aforesaid, of fifty dollars each, for their contingent expenses in their respective offices; and the sum of five hundred dollars be paid to each, the Secretary of the Senate and Clerk of the House of Representatives for their salaries for the year eighteen hundred and fifty: Provided, That no warrant shall issue for the first

Page 5

quarter's salary to either until it shall be satisfactorily shown to his Excellency the Governor, that they have respectively made and attached to the journals of the house to which they respectively belong a good and distinct index, and have filed away all reports of standing committees and resolutions passed by either house. SECTION 9. And be it further enacted, That the Treasurer be authorized to pay, from time to time, to officers of the Government whose salaries are appropriated by this act, seventy-five per cent. of the amounts for which service has actually been rendered at the date of said payment, taking receipts from said officers for the same, which receipts shall be his vouchers, and are hereby declared offsets to the extent of said payments to Executive warrants drawn at the end of the quarter for said officers' salary. SECTION 10. And be it further enacted, That the sum of six dollars each per day be appropriated to pay the Enrolling and Engrossing Clerks of both branches of the General Assembly during the time they shall be actually employed in their respective offices: To entitle them to receive such pay, they shall produce the certificate of said Secretary or Clerk that their services were necessary, and that they actually performed the duty, and served the number of days set forth therein. SECTION 11. And be it further enacted, That the sum of six dollars per day be paid to each, the Messenger and Doorkeeper of each branch of the General Assembly, during the present session of the same. SECTION 12. And be it further enacted, That all laws and parts of laws militating against the same be, and the same are hereby repealed. JOHN W. ANDERSON, Speaker of the House of Representatives. WILLIAM B. WOFFORD, President of the Senate. GEORGE W. TOWNS, Governor. Approved December 20, 1849. AN ACT to appropriate money for the purpose therein designated. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the sum of thirty thousand dollars be, and the same is hereby appropriated and set apart from any monies in the Treasury, for the partial payment of the members of the Legislature and its officers.

Page 6

SECTION 2. And be it further enacted by the authority aforesaid, That the Treasurer be, and he is hereby authorized to pay, upon the receipt of the several members of the Legislature or its officers, an amount not exceeding seventy-five per cent. of the pay and mileage to which they would be entitled, assuming the compensation allowed by the appropriation act of 1847 as the basis of such advances: Provided, that in no case whatever shall such officer be authorized to make advances for services not performed. Approved, November 24th, 1849. AN ACT to appropriate money for the purposes therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the sum of fifteen hundred dollars, or so much thereof as may be necessary, be and the same is hereby appropriated for the repairs of the Arsenal in Savannahthe said repairs to be under the control and direction of his Excellency the Governor. SECTION 2. And be it further enacted, That the sum of seventy-two dollars be, and the same is hereby appropriated to pay Messrs. Warner Hooker of Savannah, the same being a balance due them for furnishing materials and making preparations for the interment of the remains of the late Col. J. S. McIntosh. SECTION 3. And be it further enacted, That the sum of twenty-four dollars and ninety-nine cents be, and the same is hereby appropriated to refund to Moses Hanshaw of Habersham county, a double tax paid by him in 1847, and that J. Sanford be authorized to draw the money and receipt for he same. SECTION 4. And be it further enacted, That twelve dollars and forty-eight cents be, and the same is hereby appropriated to Mrs. Jane E. Reeves of Scriven county, to refund that amount [Illegible Text] over tax paid by her in 1848; and that the sum of four dollars be appropriated to Thomas M. Boston of Thomas county, the said amount having been assessed and paid on property exempt from taxation; and that A. T. McIntire be authorized to draw and receipt for the same. SECTION 5. And be it further enacted, That his Excellency the Governor be, and he is hereby required to draw his warrant on the Treasury for the sum of three hundred and fifty dollars in favor of John Jones, late Captain of the Crawford Guards, and that the same be paid to the said Jones or to his order. SECTION 6. And be it further enacted, That the sum of nine

Page 7

dollars and seventy-six cents be appropriated to refund said amount to Alexander Spear, administrator on the estate of Thomas Grant, deceased, for double tax paid by mistake. SECTION 7. And be it further enacted, That the sum of seventy-four dollars and twenty cents be and the same is hereby appropriated to refund to John Boyle, said amount paid into the Treasury by him for lands previously sold and granted by the State; and that the agent of said Boyle be authorized to draw the money and receipt for the same. SECTION 8. And be it further enacted, That the sum of thirty-three dollars and ninety-one cents be appropriated to J. R. Saussy, for tax overpaid to the Tax Collector of Effigham county. SECTION 9. And be it further enacted, That the sum of two hundred and sixty-nine dollars and thirty-one cents be paid to the legal representative of Tuttle H. Moreland for fraction No. 292 in the sixth district of originally Lee, now Randolph county, fraction No. nine in the twenty-eighth district of originally Lee, now Sumter county, and fraction number 281 in the third district of Lee county; which fractions had been paid for by said Tuttle H. Moreland, and the grant fees deposited in the Treasury, and were again sold by the State's agent by mistake, and the purchase money paid into the Treasury. SECTION 10. And be it further enacted, That his Excellency the Governor be, and he is hereby authorized and required to issue his warrant in favor of N. B. H. Weed of Savannah, for the sum of nineteen hundred and fifty dollars, or so much thereof as may be necessary to pay the debt due by the Penitentiary of the State to said N. B. H. Weed; and that the Treasurer be, and he is hereby instructed to hold the evidences of said debt and payment as a debt against the Penitentiary. SECTION 11. And be it further enacted, That the sum of seven hundred dollars, or so much thereof as may be necessary to pay the indebtedness of the Penitentiary to Wright, Nichols Co., of Augusta, be, and the same is hereby appropriated; and his Excellency the Governor be, and he is hereby required to issue his warrant for said amount, and that the note, or other evidences of said debt be placed in the hands of the Treasurer, and exist as a debt against the Penitentiary. SECTION 12. And be it further enacted, That the sum of one hundred dollars annually be, and the same is hereby appropriated to pay the State Librarian. SECTION 13. And be it further enacted, That the sum of forty dollars be, and the same is hereby appropriated to pay the Clerk of the Supreme Court for advances made by him for the uses of his office; and the further sum of fifty dollars annually to purchase stationery for his office.

Page 8

SECTION 14. And be it further enacted, That the sum of one hundred dollars be, and the same is hereby appropriated to James R. Butts to enable him to employ a Clerk for a short time. SECTION 15. And be it further enacted, That the sum of twenty-five dollars be, and the same is hereby appropriated to the Clerk of this House, to cover incidental expenses; and the sum of twenty-five dollars to the Secretary of the Senate. SECTION 16. And be it further enacted, That the sum of five hundred dollars be, and the same is hereby appropriated for the purpose of purchasing and putting up suitable chandeliers for the Senate Chamber and for the Representative Hall, and for putting up an additional privy. SECTION 17. And be it further enacted, That the sum of two hundred and fifty dollars be paid to Alexander McDougald, survivor of the late firm of McDougald Watson, for professional services rendered by said firm in behalf of the State in the prosectuion of writs of Quo warranto against the Bank of Columbus and the Chattahoochee Railroad and Banking Company of Columbus; and that his Excellency the Governor do draw his warrant for the same upon any monies in the Treasury not otherwise appropriated, in favor of said McDougald. SECTION 18. And be it further enacted, That the sum of sixty-one dollars and sixty-four cents be appropriated to Mrs. Jane E. Rice, widow of the late Charles H. Rice, a Secretary in the Executive Department, to make out the full quarter's salary of the said Secretary. SECTION 19. And be it further enacted, That the sum of two hundred dollars be appropriated to pay for the necessary expenses in erecting a tombstone over the grave of Jared Irwin, former Governor of this State. SECTION 20. And be it further enacted, That the sum of one thousand dollars, or so much thereof as is necessary, be, and the same is hereby appropriated to refund to purchasers of fractions money paid by them for fractions sold by mistake, which had before been disposed of by lottery, and which has already been authorized by law. SECTION 21. And be it further enacted, That the sum of five dollars be paid to P. M. Compton, agent of Thomas House, which sum has been paid into the Treasury as a grant fee for a lot of land heretofore granted. SECTION 22. And be it further enacted, That the sum of twenty-five dollars be paid to William E. Wirt for money paid into the Treasury for a lot of land which was granted to another personthe amount to be paid to John A. Jones, Representative from Paulding. SECTION 23. And be it further enacted, That the further sum of seventy dollars and thirty-one cents be appropriated, to be refunded to John Bessent of Camden county, for error

Page 9

commttted in making tax returns as agent for the U. S. Bank, and that his Excellency the Governor be authorized to draw his warrant for the amount in favor of J. L. Villalonga, Representative from Camden county. SECTION 24. And be it further enacted, That the sum of one thousand dollars be, and the same is hereby appropriated for the payment of outstanding scrip heretofore issued by the Commissioners of the Western and Atlantic Railroad, and the same be paid according to the amount of said scrip upon presentation at the Treasury: Provided, That if the Treasurer shall suspect any such scrip not to be genuine, he may suspend such payment until satisfactory evidence shall be produced that the same is genuine. SECTION 25. And be it further enacted, That the sum of fifty dollars and fifty cents be, and the same is hereby appropriated to Brown Harris of the city of Macon, for the expenses incurred in demanding William Roberts, a fugitive from justice, from the State of South Carolina. SECTION 26. And be it further enacted, That the sum of two thousand dollars be and the same is hereby appropriated to defray the expenses of the commission authorized by the present Legislature to settle the boundary line between the States of Florida and Georgia. SECTION 27. And be it further enacted, That the sum of two thousand dollars be and the same is hereby appropriated as a special contingent fund, to cover expenditures required by the Legislature, for which no appropriation is made. SECTION 28. And be it further enacted, That the sum of one thousand dollars be appropriated to erect a monument over the remains of the Hon. John Forsyth, which are interred in the Congressional burying ground at Washington City, and that his Excellency the Governor cause the same to be put up with suitable inscriptions, c., c. SECTION 29. And be it further enacted, That the sum of fifty dollars be, and the same is hereby appropriated to be paid to Lucius Goddard, to refund to him that amount for pedler's license, which he did not use. SECTION 30. And be it further enacted, That Loring O. Reynolds, James F. Cooper, and Richard Peters, or a majority of them, shall make an accurate survey and estimate of the extra work done on the Tunnell on the Western and Atlantic Railroad by John D. Gray Co., and they also estimate for work not done on the approaches to the Tunnell and other parts of the road, according to contract, and for the amount they ascertain to be due them, his Excellency the Governor shall issue to said John D. Gray Co. bonds signed by himself and countersigned by the Chief Engineer of said road, bearing six per cent. interest, and payable in three equal instalments of one, two, and three years from

Page 10

their date, which bonds shall constitute a debt against said road, and not against the State, and shall not be issued until the said John D. Gray Co. shall fully complete all the work according to their contract on said road: Provided, That said John D. Gray Co. shall pay said Reynolds, Cooper and Peters such compensation for their services as may be agreed upon between them; and that said Commissioners be requested to state the causes of the present embarassment of the road, and the delay in its completion, and report the same to his Excellency the Governor, to be submitted by him to the next Legislature. SECTION 31. And be it further enacted, That the sum of one hundred dollars be, and the same is hereby appropriated to William C. Price of Rabun county, to refund that amount paid by him as Tax Collector of said county, in consequence of the loss of that sum remitted to the Treasury of the State in compliance with a circular forwarded to him by the Secretary of the Treasury. SECTION 32. And be it further enacted, That the sum of one hundred dollars be, and the same is hereby appropriated to Richard Chitwood of the county of Habersham, to compensate him for the loss of a lot of land, which lot reverted after an application was made for the grant at the Surveyor General's office. SECTION 33. And be it further enacted, That the sum of fifty dollars be appropriated to pay Otis Childs for keeping in repair and winding up the State House clock, for the years eighteen hundred and forty-eight and eighteen hundred and forty-nine, the same having been left out of the appropriation bill of 1847 through mistake, and the Governor to draw his warrant for the same. SECTION 34. And be it further enacted, That the sum of eight dollars and eighty-one cents be appropriated to Benjamin Starr of Fayette county the same having been wrongfully assessed against him in his tax for the year 1849, and which he has paid to the Collector of said county; and that John D. Stell be authorized to receive and receipt for the same. SECTION 35. And be it further enacted, That the sum of eighteen dollars and three cents be, and the same is hereby appropriated to pay Amos W. Hammond for tax overpaid by him for the year 1847 and 1848; and William Watson, Representative from Monroe county, be authorized to draw and receipt for the same. SECTION 36. And be it further enacted, That the sum of twenty-five hundred dollars, or so much thereof as may be required, be, and it is hereby appropriated for the repair of the State House and other public buildings. SECTION 37. And be it further enacted, That the Governor draw his warrant upon the Treasury for the sum of twenty dollars, to be refunded to Edwin Wiley, a citizen of

Page 11

Hancock county, the amount of his tax for the year 1848, which amount having been paid twice. SECTION 38. And be it further enacted, That the sum of five thousand dollars, or so much thereof as may be necessary, be appropriated as an additional printing fund for the year eighteen hundred and fifty. SECTION 39. And be it further enacted, That his Excellency the Governor be and he is hereby authorized to draw his warrant on the Treasurer in favor of Alden Walkey of Murray county, for five dollars and seventy-nine cents, the same having been paid by said Walkey to the Tax Collector of said county, in consequence of a mistake having been made by the Receiver of the Tax Returns by entering the stock in trade of said Walkey at $1500, when the real amount given in was only $15. Approved, February 23, 1850. AN ACT for the relief of Rene M. Pittman of Cobb county, and to appropriate a sum of money therefor. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, his Excellency the Governor be, and he is hereby authorized and required to draw his warrant upon the Treasury of this State for the sum of one hundred and eighty-six dollars, out of any money not otherwise appropriated, to be paid to the said Rene M. Pittman, or his orderany law to the contrary notwithstanding. Approved, February 22, 1850. AN ACT for the relief of John C. Whitworth, Administrator of the estate of Elijah Hill, deceased, and others, and to appropriate certain sums of money. WHEREAS John C. Whitworth, Administrator of the estate of Elijah Hill, late of Walton county, deceased, gave in and paid taxes for said estate in the county of Gwinnett, where he, the said John C. Whitworth resides; and whereas, under the act of 1847, the said John C. was compelled to pay and did pay said tax again to the tax Collector of the county of Walton, the plantation and negroes of said estate being in said county of Walton:

Page 12

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 of the State be and he is hereby authorized and required to refund to the said John C. Whitworth, Administrator as aforesaid, the sum of nine dollars and twelve and one-half cents, the amount illegally paid by him to the Tax Collector of the county of Gwinnett, and that the same be deducted from the returns of the Collector of the last named county. SECTION 2. And be it further enacted, That the Governor draw his warrant on the Treasury in favor of James Grubbs, Executor of the will of Thomas Price, deceased, for the sum of twenty-seven dollars, amount of State tax for 1846, which was returned by mistake in Burke and Jefferson counties, and paid in both. SECTION 3. And be it further enacted, That the sum of eighteen dollars be appropriated to refund to James T. Humphries, that amount of tax assessed and collected on property as his in the county of Scriven in the year 1849, which had been removed by him to the county of DeKalb, and paid taxes on there, or was paid for by others in the year 1849, and that the Governor draw his warrant on the Treasury for the same. SECTION 4. And be it further enacted, That the Governor be authorized to draw his warrant on the Treasury in favor of Pleasant Stovall, for the sum of sixteen dollars ninety-nine cents, amount of a tax twice paid in the year 1847 on a house and lot in Augusta. Approved, February 11, 1850. AN ACT for the relief of James King, of the county of Cherokee, and to appropriate certain monies for the benefit of certain persons therein named. WHEREAS James King, of the county of Cherokee, in compliance with the provisions of the act relating to reverted lands, assented to December 28th, 1842, made application for the grant to lot number twenty-four, in the second District and the second section of Cherokee county: And whereas, at the time of said application, it appeared by the entries in the books of the Executive Office, that the grant to said lot of land had issued: and whereas said lot was subsequently granted as a reverted lot, whereby the Treasury of the State received twenty-two and a half dollars more than would have been paid in had the grant issued to the said James King, the rightful owner of said lot:

Page 13

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 his Excellency the Governor be, and he is hereby authorized to draw his warrant on the Treasury for the said sum of twenty-two and a half dollars, in favor of said James King. SECTION 2. And be it further enacted, That the sum of four hundred and fifty dollars be, and is hereby appropriated to the Rev. George White in payment for one hundred and fifty copies of White's Statistics, which his Excellency the Governor was authorized to subscribe by a resolution passed the last General Assembly. SECTION 3. And be it further enacted, That James Alford, of Fayette county, be, and he is hereby relieved from the payment of the residue of a judgment against him in favor of the Central Bank of Georgia, which judgment was and is founded upon his endorsement of the note of James Sudduth, the principal according to the face of the said note together with the interest thereon having already been paid off and discharged. SECTION 4. And be it further enacted, That the sum of forty dollars and twenty-six cents be paid to Deleware Morris, out of any money in the Treasury not otherwise appropriated; it being the principal and interest of the amount paid the State for the purchase of lot number one hundred and ten in the ninth district of Hall county, sold by the Commissioners of the State in conformity with the act of the General Assembly passed December 22d, 1827, entitled an act to dispose of the residue of lands heretofore reserved for the use of the State, at which sale Charles F. Betton became the purchaser, and the certificate of purchase has been for a valuable consideration transferred to Deleware Morris, but to which land the said Betton or Morris have never been able to obtain a grant, it having been previously granted by the State to one Edward Horne, of Campbell's district, Morgan county, and evidently sold by mistake; and that the Governor issue his warrant for said amount. SECTION 5. And be it further enacted, That the Governor draw his warrant on the Treasury, in favor of James M. Wayne, President of the Georgia Historical Society, for the sum of six hundred dollars, to defray the expense of procuring transcripts of certain colonial records which they tender to the State. Approved, February 8th, 1850. AN ACT for the relief of Edward D. Huguenin and others herein named, and to authorize the Governor to draw' his

Page 14

warrant on the Treasury in behalf of the several persons herein named, and for the amounts stated. SECTION 1. Be it enacted by the Senate and House of 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 forasmuch as Edward D. Huguenin, during the year 1847, gave in all his real and personal property in the county of Chatham, of which he was then a citizen, to wit, thirteen tracts of land and seven fractions lying in Sumter county; also one hundred slaves, the tax upon which was eighty-two dollars and thirty-eight cents, and which he paid, as appears by the certificate of John E. Davis, Tax Collector for Chatham county, for the year 1847, was illegally assessed for tax in Sumter county, for the same year, on the same property, in which assessment they moreover assumed him to own more land and negroes than he did own, and that he gave in as aforesaid in Chatham county, his rightful residenceupon which assessment an execution was issued against said Huguenin by Jefferson Wright, the Tax Collector of Sumter, for the sum of one hundred and fifty-six dollars and seventy-nine cents, as State tax, and which sum, so illegally assessed and exacted, was paid by said Huguenin to G. M. Wheeler, D. Sheriff of Sumter county, that with a view to correct so flagrant a wrong, the Governor be directed to draw his warrant on the Treasury in favor of said Huguenin for the sum of one hundred and fifty-six dollars and seventy-nine cents, so paid in Sumter county, for State tax of 1847; and that he also draw his warrant in favor of Iverson L. Harris for eight dollars and twenty cents, it being an amount paid by him as tax of 1849 upon negro slaves, the property of Mrs. Harriet E. Hall, of whom he was trustee, she having also given in said negroes, and paid tax on them for the same year. Approved, February 5th, 1850. AN ACT for the relief of David Dobbs of the county of Cobb. WHEREAS David Dobbs hired to the Western and Atlantic Railroad of the State of Georgia, for the year 1848, a negro man by the name of Tom, to be engaged exclusively as a depot hand only, and not to perform any of the duties or to be exposed to any of the risks of a train hand, and the said negro man Tom having been ordered by one of the conductors on a freight train on said road, to assist in making up a train on said road, received an injury of which he died:

Page 15

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 his Excellency the Governor be, and he is hereby authorized and required to draw his warrant on the Treasurer of said State, in favor of the said David Dobbs, for the sum of eight hundred dollars, in full compensation for the loss of said negro man. Approved, December 20th, 1849. AN ACT for the relief of Emory College, for taxes illegally assessed against the Trustees of said College. WHEREAS it appears from an exhibit from the Comptroller General's Office, that the Trustees of Emory College have paid as such Trustees tax money for the years 1842, 1843, 1844, 1845 and 1846, amounting in all to two hundred and ten dollars and one cent and four mills, upon the property of said College, and for which it is represented and alleged that the said property of the said College was not liable by the laws of this State, but paid upon a misapprehension of the exemption of said property from taxation: It is therefore enacted, That his Excellency the Governor draw his warrant in favor of the Trustees of Emory College upon the Treasury of this State for such sum as may have been paid by the Trustees aforesaid, for which the College property was not liable. Approved, February 21, 1850. AN ACT to authorize his Excellency George W. Towns to draw his warrant on the Treasury in favor of Thomas J. Worthen for four hundred and forty-six dollars and thirty-two cents, with interest from the first day of November, 1846. WHEREAS by the first day of November, eighteen hundred and forty-six, Thomas J. Worthen, by contract and at the instance and special request of his then Excellency, George W. Crawford, delivered a large amount oflumber and shingles for the completion of the State Lunatic Asylum, to wit, three hundred and thirty-nine thousand feet of lumber, and seventeen thousand pine shingles, making the aggregate value, under a special agreement, of four hundred and forty-six dollars and thirty-two cents: therefore,

Page 16

SECTION 1 Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, his Excellency the Governor be, and he is hereby authorized and requested to draw his warrant upon the Treasury for four hundred and forty-six dollars and thirty-two cents, of any monies not otherwise appropriated, to be paid to the said Thomas J. Worthen, or his order, or legal representative: Provided, That the said Thomas J. Worthen shall apply the said amount of money to the payment of a debt due by him to the Central Bank, and that his Excellency the Governor to withhold his warrant for said amount until said Worthen shall make payment to the Bankany law to the contrary notwithstanding. Approved, February 22, 1850. AN ACT for the relief of Sarah A. Stephens. WHEREAS Sarah A. Stephens of the county of Wilkes has paid to the Tax Collector of said county the State tax of 1848 upon certain property, and has also paid to the Tax Collector of Taliaferro county the State tax of the same year upon the same property; for remedy whereof, SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Treasurer of the State be, and hereby is directed to pay to Sarah A. Stephens the sum of ten dollars and seventy cents, the same being the amount of State tax for 1848, so by her as aforesaid doubly paid. SECTION 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. Approved, February 5, 1850. AN ACT for the relief of Joseph Donaldson of the county Cherokee. WHEREAS Joseph Donaldson of the county of Cherokee has been forced to pay a sum of money by an action brought against him for constructing a portion of the Western and Atlantic Railroad through the farm of one Samuel McDow in the county of Cass: and whereas the said Donaldson was forced under his contract to complete the same within a certain time, and was ordered by the Engineers on said road to proceed with said contract without respect to the objections of the said McDow: for remedy whereof:

Page 17

SECTION 1. Be it enacted by the Senate and House of 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 be, and he is hereby authorized and required to draw his warrant in favor of Joseph Donaldson on the Treasurer, for the sum of one hundred and seventy-two dollars and fifty-two cents, and pay the same over to the said Donaldson, or his agentall laws to the contrary notwithstanding. Approved, February 14, 1850. AN ACT to appropriate money for the purchase of land and making useful and necessary improvements in connexion with the Lunatic Asylum. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the sum of three thousand dollars is hereby appropriated to purchase such tract or tracts of land in the vicinity of the Lunatic Asylum as may be deemed important and necessary to the interests of the institution by the Board of Trustees and his Excellency the Governor. SECTION 2. And be it further enacted, That for the building of a male and female infirmary, the sum of two thousand five hundred dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated. SECTION 3. And be it further enacted, That for the purpose of re-covering the present buildings with the most approved fire-proof material, and likewise such other buildings as may be erected, the sum of three thousand dollars, or as much thereof as may be necessary, is hereby appropriated. SECTION 4. And be it further enacted, That for erecting and furnishing a separate building for epileptics, the sum of two thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated. SECTION 5. And be it further enacted, That all laws and parts of laws militating against this act are hereby repealed. Approved, February 22, 1850. AN ACT for the relief of Duncan McDougald of the county of Muscogee, and to appropriate to him a sum of money, and for other purposes therein mentioned. SECTION 1. Be it enacted by the Senate and House of [Illegible Text]

Page 18

resentatives of the State of Georgia in General Assembly convened, and it is hereby enacted by the authority of the same, That [Illegible Text] and immediately after the passage of this act, his Excellency the Governor of this State cause to be made out and issued to Duncan McDougald of Muscogee county a grant for fractional lot number 188 in the seventh district thereof, on the payment of the lawful grant fees, and that he be released from all further payments for or on account of the same. SECTION 2. And be it further enacted by the authority aforesaid, That the sum of forty dollars and fifty-one cents be, and the same is hereby appropriated to the said Duncan McDougald, out of any monies not otherwise appropriated; and that the Governor do draw his warrant on the Treasurer for said amount, in favor of said McDougald. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. Approved February 22, 1850. AN ACT to complete and furnish the Georgia Asylum for the Deaf and Dumb, to appropriate a sum of money 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 the sum of four thousand dollars, together with the unexpended balance of the annual appropriation for the education of the indigent Deaf and Dumb for the year eighteen hundred and forty-nine, be, and the same is hereby appropriated for the completion and furnishing the Asylum edifice, the erecting of the necessary out-buildings, work-shops, and such other improvements as the Board of Commissioners in their discretion may deem absolutely necessary; and that his excellency the Governor be authorized to draw his warrants upon the Treasurer for said amount in favor of said Board, for such sums and at such times as they may deem necessary and proper: Provided, always, That no greater sum shall be drawn than is absolutely required to carry out the provisions of this act. SECTION 2. And be it further enacted, That the Commissioners shall make a report of all their actings and doings to his Excellency the Governor annually on the first day of July, instead of semi-annually as now required by the seventh section of the act for the establishment and location of said Asylum.

Page 19

SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. Approved, February 11, 1850. AN ACT for the relief of William Wayne of the county of Cherokee. WHEREAS William Wayne of the county of Cherokee, in compliance with the provisions of the act relating to reverted lands, assented to December 28th, 1842, made application for the grant to lot number seven in the 2d Dist. and 2d Sect. of Cherokee county; and whereas, at the time of said application it appeared by the entries in the books of the Executive Office, that the grant to said lot of land had issued; and whereas said lot was subsequently granted as reverted lot, whereby the Treasury of the State received the sum of ninety seven dollars and fifty cents more than would have been paid in had the grant issued to the said William Wayne, the rightful owner of said lot: SECTION 1. Be it enacted by the Senate and 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 draw his warrant on the Treasury for the said sum of ninety-seven dollars and fifty cents, in favor of said William Wayne. Approved, February 11, 1850. AN ACT for the relief of the heirs of Isaac S. Wood. WHEREAS, agreeably to an act passed 22d day of December, 1827, entitled An act to dispose of the residue of lands heretofore reserved for the [Illegible Text] of the State, Isaac S. Wood, on the 8th day of January, 1829, was the purchaser of fraction number three in twelfth district of Carroll county, at the price of twenty-five dollars and twenty-five cents; and also fraction number thirteen in said district, at the price of thirteen dollars; and whereas the said Wood, having fully paid the purchase money for the said fractions, departed this life, and A. R. Walton of the county of Carroll became the representative of his estate, and never having applied for grants to said fractions, the same reverted to the State, and were sold for the price of thirty-eight dollars and ten cents: for remedy whereof

Page 20

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That his Excellency the Governor be, and he is hereby authorized to draw his warrant on the Treasury for the sum of thirty-two dollars and ten cents in favor of the said A. R. Walton. Approved, February 22, 1850. AN ACT for the relief of William Hardeman of the county of Cherokee. WHEREAS William Hardeman, of the county of Cherokee, in compliance with the provisions of the act relating to reverted lands, assented to December the 28th, 1842, made application for the grant to lot number three hundred and nineteen, in the second district and second section of Cherokee county; and whereas at the time of said application it appeared by the entries in the books of the Executive Office, that the grant to said lot of land had issued; and whereas said lot was subsequently granted as a reverted lot, whereby the Treasury of the State received the sum of twenty-two dollars and fifty cents more than would have been paid in had the grant issued to the said William Hardeman, the rightful owner of said lot: SECTION 1 Be it enacted by the Senate and 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 draw his warrant on the Treasury for the said sum of twenty-two dollars and fifty cents, in favor of William Hardeman; and that the Treasurer pay the same to Joshua Roberts, Representative from Cherokee county, Georgia. Approved, February 21, 1850. AN ACT to appropriate a sum of money to build a road over the Lookout Mountain, in the counties of Walker and Dade. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the sum of three thousand and five hundred dollars be, and the same is hereby appropriated out of any monies in the Treasury not otherwise appropriated, to the Justices of the Inferior Court of the county of Dade, to be applied by the said Justices to making a road over the Lookout Mountain

Page 21

in the counties of Walker and Dade; the said road commencing at Jesse Stephen's in Walker county, near the foot of Lookout Mountain, thence ascending to the top of the Mountain, thence to the Gap near Gol. Benjamin Easley's, thence down the Mountain to intersect the Valley road at or near the house of Col. Benjamin Easley's; the said road to be fourteen feet wide and a grade not to exceed fifteen inches in every ten feet. SEC. 2. And be it further enacted by the authority aforesaid, That there shall be three Commissioners, to wit, Benjamin Hawkins, Gallaton Stephens and Joel Halsey, whose duty it shall be to superintend the construction of said road, and who shall report to the Justices of the Inferior Court of Dade county when said road is finished according to the provisions of this act; and said Justices of the Inferior Court shall report to his Excellency the Governor of this State that said road is finished according to the provisions of this act, and it shall be the duty of his Excellency the Governor to draw his warrant on the Treasury in favor of the contractor for the said sum of three thousand five hundred dollars. SEC. 3. And be it further enacted by the authority aforesaid, That the contractor shall enter into a bond with good and sufficient security in the sum of five thousand dollars for the faithful discharge of said contract, and the finishing of said road in twelve months from the passing of this act, and that the said bond shall be made payable to his Excellency the Governor, and his successors in office, and shall be tested and approved by three or more of the Justices of the Inferior Court of Dade county. SEC. 4. And be it further enacted, That the said Inferior Court shall have the said road laid out in mile sections, to be let at public outcry to the lowest bidder, after two months advertisement at Dade and Walker court-houses. Approved February 23, 1850. AN ACT to incorporate the Andrew Academy, 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 James Middleton, John Brown, Caleb Pendavis Joseph Logan, Thomas Drawdy, Michael King, and Stephen A. Myers, be, and they are hereby appointed Trustees, and they and their successors in office are declared a body corporate by the name and style of the Andrew Academy in the county of Wayne. SECTION 2. And be it further enacted by the authority aforesaid,

Page 22

That the Trustees aforesaid be, and they are hereby vested with full power to fill all vacancies that may occur in said Board of Trustees, to use a common seal, to sue and be sued, plead and be impleaded in the several Courts of law and equity in this State, to hold title to and convey real or personal estate, to make all by-laws necessary for their own government not repugnant to the Constitution and laws of this State, to appoint to and remove from office such officers as they or a majority of them may think proper. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. Approved December 21, 1849. AN ACT to add an additional number of Trustees to the Attapulgus Academy in Decatur 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, John H. Gibson and Daniel McKennis, and Robert J. Smallwood, be, and they are hereby appointed Trustees of the Attapulgus Academy in Decatur county, in addition to those already appointedany law to the contrary notwithstanding. Approved, December 21, 1849. AN ACT to incorporate the Buena Vista Academy in Greene 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 Cordial N. Daniel, William Tuggle, jr., Hugh C. Mitchell, William Heard, Peter C. Johnson, Richard J. Harris, and Elisha S. Hunter, and their successors in office shall be, and they are hereby declared to be a body corporate by the name and style of the Trustees of Buena Vista Academy in the county of Greene, and they the said Cordial N. Daniel, William Tuggle, jr., Hugh C. Mitchell, William Heard, Peter C. Johnson, Richard J. Harris, and Elisha Hunter, shall be invested with all manner of property, both real and personal, all monies due or that may become due, gifts, grants, hereditaments, privileges, and immunities whatsoever, which may belong to the said Academy, or which may hereafter be made or transferred to them, the said Trustees and their

Page 23

successors in office, to have and to hold the same for the proper use, benefit and behoof of the said [Illegible Text] Vista Academy; and the said Trustees, styled as aforesaid, shall be and they are hereby declared to be capable of sueing or being sued, and of using all necessary and legal steps for recovering and defending any property whatever which the said Academy may hold, claim or demand, and also with power to make all necessary regulations concerning said Academy building or the appendages thereunto belonging or appertaining, and to secure in the name of themselves and their successors in office fee simple or other titles to any estate or personalty which has been sold or may be hereafter conveyed to said Academy. SECTION 2. And be it further enacted, That any vacancies that may accrue by death, resignation or otherwise, of any of the Trustees of said Buena Vista Academy, the survivors, or a majority of them, shall fill the same in such manner as shall be pointed out by the by-laws and regulations of the Trustees aforesaid. Approved, January 26, 1850. AN ACT to incorporate an Academy at Centre Village in the county of Camden, to be known by the name and style of Centre Village Academy; and to provide means for erecting suitable buildings for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, Stephen McCall, George W. Thomas, Robert Lany, James Barnard, Alexander Scott, Hugh Brown, and Joseph Hull, and their successors in office be, and they are hereby constituted a body politic and corporate by the name and style of the Trustees of the Centre Village Academy, said Board to be augmented in number by the present Board at pleasure: Provided, That not more than twelve shall at any time exist. SECTION 2. And be it further enacted, That the Trustees and their successors in office, under the name and style aforesaid, may use a common seal, and be capable of sueing and being sued, pleading and being impleaded; also, to have, take, possess and acquire by gift, grant, or [Illegible Text], lands, tenements, hereditaments, goods, chattels, and other estates, and the same to be used for the purposes of education. SECTION 3. And be it further enacted by the authority aforesaid, That the Trustees, or a majority of them, shall have power to appoint a Principal for the Academy aforesaid, and

Page 24

also assistants to the same; and the said Principal shall have the right and power to prescribe a course of studies, to make and enforce all laws that the internal policy of the Academy may require, and adopt [Illegible Text] regulations as the good of said Academy may require. SECTION 4. And be it further enacted, That the Trustees aforesaid, in their corporate character and [name,] shall have perpetual succession; and when any vacancy shall occur in said Board of Trustees, by death, resignation, or otherwise, the remaining Trustees, or a majority of them, shall have the power of filling such vacancies. SECTION 5. And be it further enacted, That the sum of one thousand dollars be, and the same is hereby appropriated, to be paid out of any funds now belonging to or subject to academical purposes in the county of Camden, for the purpose of erecting a suitable building for the same; and that the said Trustees be, and they are hereby empowered to receive and apply said money for the purpose herein specified. SECTION 6. And be it further enacted, That if, upon examination by the Trustees aforesaid, it should appear there is not sufficient money belonging to the county aforesaid to make up the amount of one thousand dollars, then the said Trustees, or a majority of them, shall be empowered to sell a sufficient amount of any bank stock belonging to the county aforesaid, and subject to academical purposes, to make up said amount: Provided, The same be not sold below its market value. SECTION 7. And be it further enacted, That this charter shall be and remain in force for and during the period of thirty years from the date of its passage, and shall not be held or [Illegible Text] to interfere with the corporate rights of any other Academy in said county. SECTION 8. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are hereby repealed. Approved, January 31, 1850. AN ACT to incorporate the Marshallville Academy, and appoint Trustees for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, Daniel F. Wade, Solomon Fudge, Reuben H. Slappy, Littleberry Mulkey, Isaac Johnson, Gideon Watson, and James N. Taylor, be and they are hereby appointed Trustees of Marshallville Academy of Macon county.

Page 25

SECTION 2. And be it further enacted by the authority aforesaid, That said Trustees and their successors in office constitute a body politic and corporate, capable and liable in law to sue and be sued, plead and be impleaded; and shall make such by-laws for the government of said Academy as they may deem proper, not repugnant to the Constitution and laws of this State. SECTION 3. And be it further enacted by the authority aforesaid, That said Trustees have power to purchase, hold, or sell and convey real estate for the use and benefit of said Academy, and to fill all vacancies that may occur in said Board, either by death, resignation, or otherwise. Approved, January 17, 1850. AN ACT to incorporate Rock Spring Academy and Haralson Academy in the county of Coweta, and to appoint Trustees for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, John Favor, Charles B. Taliaferro, Joshua P. Shropshire, William P. Thurman, Charles W. Arnold, and John H. Johnson, and their successors in office, be and they are hereby constituted a body corporate and politic by the name and style of the Trustees of Rock Spring Academy; and that William Taylor, Joseph Rawls, L. Bedenbough, William Westmoreland, Wm. S. Mayor, and Ethelbert Carlton, be and they are hereby constituted a body corporate and politic by the name and style of the Trustees of Haralson Academy, said Board of Trustees to augment in number by the present Board at pleasure: Provided, That not more than twelve shall at any time exist. SECTION 2. Be it further enacted, That the Trustees and their successors in office, under the names and styles aforesaid, may use a common seal, and shall be capable of sueing and being sued, pleading and being impleaded; also, to have, take, possess and acquire, by gift, grant, or purchase, property both real and personal, for the use of said Academies. SECTION 3. And be it further enacted, That when any vacancy may happen by death, resignation, or otherwise, of any of the Trustees of said Academies, the successors, or a majority of them, shall fill the same in such manner as shall be pointed out by the by-laws and regulations of the Trustees aforesaid. Approved, February 5, 1850.

Page 26

AN ACT to incorporate the Dahlonega Male and Female Academies, and to appoint trustees for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, Joseph J. Singleton, Sen., A. G. Wimpey, Wm. Martin, A. H. Moore, J. L. Riley, John W. Grady, M. P. Quillian, A. W. Redding, F. D. Boatfield, J. H. Smith and R. B. Lewis, be and they are hereby appointed Trustees of the Dahlonega Male and Female Academies, in the county of Lumpkin. SECTION 2. And be it further enacted, That said Trustees and their successors in office be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of the Dahlonega Male and Female Academies, and as such shall be capable and liable in law, to sue and be sued, plead and be impleaded, and to make such by-laws and regulations as may be necessary for the government of said Academy or Academies; Provided, such by laws and regulations be not in violation of the Constitution or Laws of this State. SECTION 3. 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 office, to have and to hold the same for the proper use, benefit and behoof of said academy or acadamies. SECTION 4. And be it further enacted, That when any vacancy shall happen in said board of Trustees, by death, resignation or otherwise of any one or more of their number, their survivors, or a majority of them, shall fill such vacancy. SECTION 5. And be it further enacted, That all laws or parts of laws militating against this act be, and the same are hereby repealed. Approved, February 1, 1850. AN ACT to incorporate the Corrollton Male Academy in the county of Carroll, and the Male and Female Academy at Centreville, in Talbot, and to appoint Trustees for the same, 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 John T. Meador, Samuel Batterson, Sherwood K. Williams,

Page 27

Franklin C. Dramond and A. T. Upchurch, and their successors in office, are hereby appointed and declared to be a body corporate, by the name and style of the Trustees of the Carrollton Male Academy of Carroll county, and as such body politic, shall be capable of sueing and being sued, and of doing all other acts which may be necessary to the execution of the trust confided in them, and for that purpose they may have and use a common seal, appoint such officers as they may think proper, and remove them for misconduct or neglect of duty. SECTION 2. And be it further enacted, That the Trustees shall be capable of accepting and holding all manner of property, both real and personal, and all bequests, gifts and donations, whatever, which may belong to said Institution, or which may hereafter be made or transferred to them or their successors in office, and they are hereby authorized to make such by-laws, rules and regulations as they may [Illegible Text] expedient; Provided, such by-laws, rules or regulations are not repugnant to the Constitution and laws of the State, or of the United States. SECTION 3. And be it further enacted, That on the first Monday in January, in the year eighteen hundred and fiftyone, and on the first Monday in January in every year thereafter, the patrons of the said Academy shall meet and appoint Trustees, who shall serve for the term of one year, and until their successors are elected. SECTION 4. And be it further enacted, That should any vacancy happen by death, resignation or removal of the Trustees of said Academy, it shall be filled by the patrons thereof in such manner as they may think proper, SECTION 5. And be it further enacted, That Zachariah B. Trice, Simeon T. Viele, George P. Holmes, Reuben Thornton, John C. Martin and their successors in office, are hereby declared to be a body corporate, by the name and style of the Trustees of the Male and Female Academy at Centreville, in the county of Talbot, and as such, shall be entitled to enjoy and possess, and exercise all the powers, rights and privileges by this act conferred on the Trustees of the Carrollton Male Academy. SECTION 6. And be it further enacted, That all former acts incorporating the said Academy be, and the same are hereby repealed. Approved, February 5, 1850. AN ACT to incorporate Searsville Academy in Marion county, and to appoint Trustees for the same. SECTION 1. Be it enacted by the Senate and House of Representatives

Page 28

of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That David C. Sears, William Dorsett, Harry Josey, Jesse Applewaite and James Wilson, and their successors be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of the Searsville Academy, with power to receive any gift, grant or donation, real or personal, which may be necessary for the existence of said corporation; and to sue and be sued, with power to pass all such by-laws and regulations as may be necessary for the government of said Academy; Provided, said by-laws and regulations are not contrary to the Constitution and laws of this State. SECTION 2. And be it further enacted, That when any vacancy may occur by death, resignation or otherwise, of any of the Trustees of the Searsville Academy, the survivors 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. Approved, February 6, 1850. AN ACT to incorporate the Harrison Academy in Wilkinson county, and appoint Trustees for the same; also, to revive an act in relation to the West Point Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That A. W. Jordon, Nimrod Burke, R. T. Rozar, John Burke and Samuel Meredith, be, and they are hereby appointed Trustees, and they and their successors in office are declared a body corporate, by the name and style of the Harrison Academy in Wilkinson county. SECTION 2. And be it further enacted by the authority aforesaid, That the said Trustees be, and they are hereby vested with full power of filling all vacancies which may occur in said board of Trustees, of using a common seal, of sueing and being sued, pleading and being impleaded, in the several Courts of Law and Equity in this State; of holding title to, and conveying real and personal estate, of making all by-laws necessary for their own government, not repugnant to the laws and Constitution of this State, to appoint to, or remove from office, such officers as they or a majority of them may think proper. SECTION 3. And be it further enacted by the authority aforesaid, That the act passed on the 29th December, 1838, entitled an act to incorporate the West Point Company, and to provide a more easy manner for the conveyance and execution

Page 29

of titles to the real and personal property belonging to said company within the corporate limits of the town of West Point, and for other purposes therein named, be, and the same is hereby revived, and made of full force and effect, and the Stockholders of said company authorized to proceed under the same. SECTION 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. Approved, February 5, 1850. AN ACT to revive and continue in force an act passed in 1839, incorporating the St. Mary's Academy, and to appoint Trustees for the same; and to appoint Trustees for the Newnan Male and Female Seminary in the county of Coweta, to confer upon them certain privileges and exemptions. WHEREAS in 1839, the St. Mary's Academy was incorporated, and Duncan L. Clinch, Samuel Clark, Henry R. Sadler, Alfred Doolittle, Edmund Atkinson, James M. Smith and George W. Thomas, were appointed Trustces of said Academy, and whereas, the said Trustees have all vacated their places, either by death or removal, and whereas, the said Academy owns and is rightfully entitled to considerable property, which there are now no Trustees to control for the use of said Academy. 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 Abraham J. Bessent, Henry Bacon, James Stewart, James M. Smith, Henry E. W. Clark, John J. Dufour and Robert P. Burton be, and they are hereby appointed Trustees of the said Academy, and are hereby declared a body politic and corporate, by the name and style of the Trustees of the St. Mary's Academy, and shall be capable and liable in law or equity, to sue and be sued, plead and be impleaded, purchase and hold property, and to have and use a common seal, to fill vacancies, and to do all other things which by law a body corporate or politic may do. SECTION 2. And be it further enacted by the authority aforesaid, That the said Trustees shall be entitled to take into their possession, and to hold and use for the use of said Academy, all property of whatsoever kind, which rightfully belongs to said Academy, as fully as the said Trustees appointed by said act of 1839, might or could have done, had they still continued in office as Trustees of said Academy, and shall be entitled to sue for and recover said property,

Page 30

and to do all acts in relation to the same, which might or could lawfully have been done by said Trustees appointed in 1839, had they still continued in office, any law, usage or custom to the contrary notwithstanding. SECTION 3. And be it further enacted by the authority of the same, That from and after the passage of this act, that John Ray, Hugh Brewster, Andrew S. Berry, Joseph J. Pinson, Edward M. Story and Jeptha Davis be, and they are hereby appointed Trustees of the Newnan Male and Female Seminary in the county of Coweta, located on town lot number fifty-eight, in the town of Newnan, and said Seminary not to be subject to any judgments or executions that may hereafter be obtained against said Trustees or their successors in office. SECTION 4. And be, it further enacted, That said Trustees and their successors in office be, and they are hereby authorized to fill all vacancies occasioned by death, resignation or otherwise, and to do all other things that may in their opinion be for the interest of said Seminary. SECTION 5. And be it further enacted by the authority aforesaid, That the former acts incorporating the Male and Female Academies of Newnan, and all former acts in relation thereto, and all acts which militate against this act be, and the same are hereby repealed. Approved, February 23, 1850. AN ACT to incorporate Lafayette Female Academy, 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 James Hoge, Spencer Marsh, David Stewart, Benjamin R. McCutchen, A. W. T. Clendenan and James H. Culberson, be, and they are hereby appointed Trustees for the Academy to be established in the town of Lafayette, to be called the Lafayette Female Academy. SECTION 2. And be it further enacted by the authority aforesaid, That the Trustees aforesaid, are hereby declared to be a body corporate, under the style hereinbefore named and designated, and may as a corporate body, have a common seal, may sue and be sued, plead and be impleaded in the several courts of law and equity in this State, shall have power to make all necessary bye-laws, rules and regulations for the government of said corporation, not repugnant to the Constitution and laws of this State or of the United States, to fill all vacancies in their board, by death, resignation, removal or otherwisemay hold all kinds of property,

Page 31

make or receive conveyances, be invested with all gifts, grants, rights, immunities or privileges whatsoever, that may be essential for the well being of said corporate body, in reference to the interests of education, which are usually done by Trustees of Academies. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, are hereby repealed. Approved, February 5, 1850. AN ACT to authorize and empower the Trustees of the Male Academy of the town of Greensborough to sell and dispose of a portion of the land belonging to said Academy, and to appropriate the money arising from the sale of the same. Be it enacted by the Senate and House of 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 Trustees of the Male Academy of the town of Greenesborough have full power to sell and dispose of all that portion of land belonging to said Academy, lying on the South side of the Georgia Railroad, adjoining the corporate limits of said town, and they are hereby fully empowered to make titles to the same, and that the proceeds of said sale shall be appropriated to the use of said Academy, any law to the contrary notwithstanding. Approved, January 26, 1850. AN ACT to reduce the number of the Trustees of the Henry County 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 immediately after the passage of this act, that the number of Trustees of the Henry county Academy be five, and that Adam C. Sloan, Humphrey, Tomlinson, Leonard T. Doyal, Lewis L. Ledbetter and Daniel Nolley be, and they are hereby appointed Trustees of the said Henry County Academy, and that they have full power to fill any vacancy that may occur in that body, by death or otherwise, and that all laws and parts of laws contrary to this act, be, and the same are hereby repealed. Approved, January 18, 1850.

Page 32

AN ACT to incorporate the Malloreysville Academy, in Morgan county, and to appoint Trustees for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That James Arnold, Barnet Malcolm, Jacob C. Butts, Charles Crawley and Willis Head, and their successors in office, be, and they are hereby constituted a body corporate and politic, by the name and style of the Malloreysville Academy. SECTION 2. And be it further enacted, That the Trustees and their successors in office, under the name and style aforesaid, may use a common seal, and shall be capable of sueing and being sued, pleading and being impleaded; also to have take, possess, and acquire by gift, grant or purchase, lands, tenements, hereditaments, goods, chattels and other estates, and the same to be used for purposes of education. SECTION 3. And be it further enacted by the authority aforesaid, That the Trustees, or a majority of them, shall have power to appoint a Principal for the Institute, and that said Principal shall have the right and power to appoint assistants, prescribe a course of studiesto make and enforce all such laws as the internal policy of the Institute may require. SECTION 4. And be it further enacted, That the Trustees aforesaid, in their corporate character and name, shall have perpetual succession, and when any vacancy shall occur in said board of Trustees by death, resignation or otherwise, the remaining Trustees, or a majority of them, shall have the power of filling such vacancies. SECTION 5. And be it further enacted, That the Principal of the Institute shall have power to confer all such honors, degrees, medals and privileges as are usually conferred in such institutions. SECTION 6. And be it further enacted, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. Approved, February 5, 1850. AN ACT to incorporate Spring Place Academy, in the county of Murray, and to appoint Trustees for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this act, Robert McCarney, John W.

Page 33

A. Johnson, Gideon Garner, John A. Tyler, James Edmonson and Francis B. Morris be, and they are hereby declared and constituted to be a body politic, by the name and style of the Trustees of the Spring Place Academy, in the county of Murray, and they and their successors, by that name shall be able and capable in law, of sueing and being sued, of pleading and being impleaded, and shall have power and authority to make all laws and rules that shall and may be necessary for the government of said Academy: Provided, such bye-laws or rules shall not be repugnant to the Constitution or laws of this State. SECTION 2. And be it further enacted, by authority aforesaid, That said Trustees shall have power to fill all vacancies that may occur in the board of Trustees, and may have and use a common seal, and may appoint such officers and agents as they may deem necessary for the good order of said institution. SECTION 3. And be it further enacted, That said Trustees shall be capable of accepting and being invested with all manner of property, real and personalall donations, grants, gifts, privileges and immunities whatsoever which may appertain to said Academy, or which may hereafter be conveyed or transferred to them or their successors in office, to have and to hold the same for the proper benefit and behoof of said Academy. SECTION 4. And be it further enacted by authority aforesaid, That all laws and parts of laws militating against this act, be, and the same is hereby repealed. Approved, January 21, 1850. AN ACT to incorporate Union Academy, in the county of Macon, and appoint Trustees for the same, and to incorporate Shady Grove Academy, in the county of Wilkinson, and to appoint Trustees for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that James Hannon, Gideon Smith, Henry Corbin, James Marshall and Benjamin F. Newson, Trustees of Union Academy, of Macon county, and their successors in office, be, and they are hereby declared to be a body politic and corporate, and as such, shall be capable in law to sue and be sued, plead and be impleadedto hold, use or dispose of any property they [Illegible Text] become possessed of, and to make all by-laws, rules and regulations for the government of the same, not repugnant to the Constitution and laws of this State.

Page 34

SECTION 2. And be it further enacted by the authority aforesaid, That whenever any vacancy occurs in said board of Trustees, by death, resignation or otherwise, the remaining Trustees or a majority of [Illegible Text], shall have power to fill the same. SECTION 3. Be it enacted by the authority aforesaid, That James H. Loftin, George M. Merkinson and James Pierce, be, and they are hereby appointed Trustees of Shady Grove Academy, in the county of Wilkinson, and that they and their successors in office are hereby declared a body corporate by and under the name and style of the Trustees of Shady Grove Academy, in the county aforesaid. SECTION 4. And be it further enacted, That the Trustees aforesaid and their successors in office, be, and they are hereby invested with the power of using a common seal, of sueing and being sued, pleading and being impleaded in the several courts of law and equity in this State, of making all necessary bye-laws for their government, of holding titles to and conveying real and personal estate, and of doing all and other things, and of enjoying all other immunities not inconsistent with the Constitution and laws of this State, which may be necessary and proper for the government and prosperity of said Shady Grove Academy, and of filling any vacancy that may take place in their body. SECTION 5. And be it further enacted, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. Approved, February 21, 1850. AN ACT to incorporate the Wellington Academy, in the county of Maconalso Centerville Academy, in the county of Talbot, and appoint Trustees for each. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Ichabod Davis, Mathew H. Leggett, John Young, Shadrack R. Felton, John C. Peck and B. Alston Hudson, be, and they are hereby appointed Trustees of the Wellington Academy, in the county of Macon. SECTION 2. And be it further enacted, That the said Trustees and their successors in office, be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of Wellington Academy, and as such, shall be capable and liable in law, to sue and be sued, plead and be impleaded, and to make all such bye-laws and regulations as may be necessary for the government of said

Page 35

Academy: Provided, The same be not repugnant to the Constitution and laws of this State. SECTION 3. And be it further enacted, That the said Trustees shall be capable of holding real or personal estate, all gifts, grants and immunities which may now belong to said institute, or which may hereafter be conveyed to the Trustees thereof or their successors in office, for the benefit of the same; and that when any vacancy may happen by death, resignation or otherwise of any one or more of said Trustees, the survivors or a majority of them, shall fill said vacancy. SECTION 4. Be it further enacted, That Zachariah B. Trice, Simeon T. Vicle, George P. Holmes, Reuben Thornton and John C. Thornton, be, and they are hereby appointed, and they and their successors in office are hereby declared to be a body corporate by the name and under the title of the Trustees of the Centerville Academy, in the county of Talbot. SECTION 5. Be it further enacted, That said incorporate Trustees and their successors, shall have the privilege of using a common seal. SECTION 6. Be it further enacted, That the several Trustees in their corporate capacities, be, and they are hereby declared to be vested with the several rights and immunities, and subject to the same regulations as are set forth and embodied in an act of the General Assembly passed on the 9th day of December, 1824, entitled an act to incorporate the Laurensville Academy, in the county of Gwinnett, and appoint Trustees for the same. SECTION 7. And be it further enacted, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. Approved, December 20, 1849. AN ACT to incorporate the Wellington Academy in Morgan county, and Longstreet Academy in Coweta county, and to appoint Trustees for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas Nolan, John Launious, Madison B. Snellings, L. G. Anderson, G. J. H. Prior, and their successors in office be, and they are hereby appointed Trustees of Wellington Academy of the county of Morgan, and as such, are made and declared to be a body corporate, with power to sue and be sued, plead and be impleaded, have, hold and convey property belonging to said Academy, now or hereafter, and do all other things appertaining to the same.

Page 36

SECTION 2. And be it further enacted, That the Trustees of the Wellington Academy shall have power to adopt such by-laws as they may deem necessary and proper for the government of the same; Provided, such by-laws are not repugnant to the laws and Constitution of this State. SECTION 3. And be it further enacted, That when a vacancy shall occur in the board of Trustees of said Academy by death, resignation or otherwise, the remaining Trustees shall have power to fill such vacancy in the manner pointed out by the by-laws of said Academy. SECTION 4. And be it further enacted, That the Trustees of said Academy as a body corporate shall and they are hereby declared to be capable of receiving, having and holding all gifts, grants and donations, whether real or personal, which may be given, granted or bequeathed for the benefit of said Academy, any law, usage or custom to the contrary notwithstanding. SECTION 5. And be it further enacted, That James Graham, Thos. D. Goodwin, Miles Jones, George E. Smith, William Overby, Isham Smith, and J. E. P. Hunnicut, and their successors in office be and they are hereby appointed Trustees of the Longstreet Academy in the county of Coweta, and that the said Trustees of the Longstreet Academy be and they are hereby invested with all the rights and privileges hereby invested by this act incorporating the Wellington Academy in the county of Morgan. Approved, February 21, 1850. AN ACT to amend the first section of an act entitled an act to amend an act assented to on the 23d December, 1830, incorporating with other Academies, the Female Academy of Talbotton, 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 in addition to the Trustees mentioned in the above section, the number thereof be, and is hereby increased, by adding to those therein appointed, James P. Leonard, William Ragland, Thomas A. Brown and Elias H. Beall. SECTION 2. And be it further enacted, That all laws or parts of laws militating against this act, be, and the same are hereby repealed. Approved, January 17, 1850. AN ACT to authorize Executors and Administrators and Guardians to sell at public outcry all notes, bonds, and

Page 37

other obligations, and other evidences of debt due the estate of their testators, or intestates, or wards, that may be considered insolvent or doubtful of collection. SECTION 1. Be it enacted by the State and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be lawful for executors, administrators and guardians in this State, by and with the consent of the Court of Ordinary in the county where their letters of administration or testamentary, or letters of guardianship were granted, to sell at public outcry to the highest bidder, at the court-house door in said county on the first Tuesday in the month, and within the legal hours of sheriff sales, first giving thirty days notice thereof in one of the public gazettes of this State and at the court-house door and three of the most public places in said county by advertisements, all such notes, bonds, and other obligations, and other evidences of debt, belonging to the estate of their testator or intestate, or ward, as may be considered and adjudged by said executor or administrator and said Court as insolvent or doubtful. SECTION 2. And be it further enacted, That the return to the Court of Ordinary of the amount for which said notes, bonds, or obligations and other evidences of debt, was so sold, and accounting for the same, shall be a full discharge of all liability of the executor, or administrator, or guardian, for said notes, bonds, obligations, and other evidences of debt: Provided, The same was fairly and bona fide sold, and provided further, that such executor, administrator, or guardian shall not be either directly or indirectly interested in such purchase. SECTION 3. And be it further enacted, That all executors, administrators and guardians shall have full power and authority in the collection of claims belonging to the testator or intestate, or the ward, to pay such fee or reward therefor as the Court of Ordinary or the Superior Court by order may allow, to be retained out of any funds in his, her or their hands respectivelyany law, usage or custom to the contrary notwithstanding. Approved, February 22, 1850. AN ACT to amend the laws relating to Guardians, Executors and Administrators. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That

Page 38

from and after the passage of this act, all persons desiring to take the guardianship of any child or children under the age of fourteen years, other than his or her own children, shall make application to the Clerk of the Court of Ordinary, who shall cause a citation to be published in some public gazette of this State at least thirty days before such letters shall be granted: Provided, That the Court to whom such application may be made shall have the power, after the expiration of said notice, to grant such letters of guardianship either to the applicant or to such other person as in the discretion of said Court may be proper. SECTION 2. And be it further enacted by the authority aforesaid, That the Clerks of the Courts of Ordinary of the several counties of this State shall receive for their fees the same as are allowed by law in case of applications for letters of administration. SECTION 3. And be it further enacted, That after an application for letters of administration or of guardianship has been granted, or when a will has been proved, and the securities required by law name to and approved by the Courts of Ordinary in the order passed, it shall and may be lawful for any such guardian, administrator, or executor, to qualify in vacation before the Clerk of the Court of Ordinary by taking the oath required by law, and to receive from said Clerk letters of guardianship, of administration, or testamentary: Provided, That before such qualification the bonds required shall be executed by the party, and the securities that have been approved in the presence of, and be attested by said Clerk; and said bonds, so executed and delivered to said Clerk, shall be good and effectual in law to all intents and purposes. SECTION 4. And be it further enacted, That whenever the person who may hold the office of Clerk of the Court of Ordinary shall be appointed administrator or guardian under the laws of this State, he shall continue to be such administrator or guardian until his duty as such shall be fully discharged, without regard to the expiration of his term of office as Clerk, be entitled to the lawful commissions and may be proceeded against as other administrators or guardians; and their securities as Clerk, or administrator, or guardian, shall be subject to all liabilities now imposed by law upon the securities of administrators or guardians. SECTION 5. And be it further enacted, That from and after the passage of this act, a discharge or dismssal of an executor, administrator, or guardian, by any Court of Ordinary of this State, from his, her, or their duty as such, shall not be held as final and conclusive against any heirs, distributees, or wards, who were minors at the time of such discharge: Provided, Said minors, within five years after he, she, or they become of the age of twenty-one, or have all

Page 39

legal disabilities removed, shall commence suit against such executor, administrator, or guardian. SECTION 6. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. Approved, February 22, 1850. AN ACT to authorize Executors, Administrators and Guardians to make returns to the Court of Ordinary of the county of their residence, and to be discharged from their trust 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 the provisions of the second section of the act passed on the tenth of December, eighteen hundred and twelve, which authorizes executors, administrators and guardians, whose residences may be changed, to make returns to the Court of Court of Ordinary of the county of their residence on complying with certain prerequisites, shall be applicable to and may be availed of by any executor, administrator or guardian, who may at the time of his appointment and qualification reside in a different county from that in which letters testamentary of administration or of guardianship may be granted. SECTION 2. Be it further enacted, That any such executor, administrator or guardian availing himself of the provisions of this act, or of the said recited section, shall be liable to the same proceedings in the Court of Ordinary to which his returns may be made as if he had been appointed and qualified in said Court, and shall be dismissed from his trust in and by said Court upon his complying with the terms of the law in relation to letters dismissory. Approved, February 22, 1850. AN ACT to authorize Hardy Strickland of the county of Forsyth, Administrator upon the estate of Mark W. Killingsworth, deceased, of the county of DeKalb, to make his returns in the county of Forsyth. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Hardy Strickland of of the county of Forsyth, Administrator upon the estate of Mark W. Killingsworth, deceased, of the county of DeKalb,

Page 40

be and he is hereby authorized to make his returns, as Administrator aforesaid, to the proper Court in the county of Forsyth, and that authority be hereby given for a transcript from the records of the Court of jurisdiction in DeKalb county, in reference to said administration, to be transferred to the records of the proper Court in the county of Forsyth. SECTION 2. And be it further enacted, That said Court of Ordinary shall have full authority to grant letters dismissory to said Hardy Strickland, Administrator as aforesaid. Approved, December 14, 1849. AN ACT to authorize administration on the estate of Charles H. Rice, Esq., deceased, to be granted by the Court of Ordinary of Houston 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 it shall and may be lawful for the Court of Ordinary of the county of Houston to grant administration on the estate of Charles H. Rice, late of Baldwin county, decased, in the same manner as though he had died in the said county of Houston, and to grant letters of dismission on the sameany law to the contrary notwithstanding. Approved, February 23, 1850. AN ACT to regulate the returns of Executors, Administrators and Guardians. WHEREAS by the act of 1792, Executors and Administrators are required to make their annual returns to the Courts of Ordinary by the tenth day of January in each year, embracing all transactions of the estate they represent, up to the thirty-first of December immediately preceding, and whereas by other statutes a different time seems to be fixed within which said returns shall be made, and a difference existing in different counties in reference to the time of making said returns, and the Supreme Court having determined that an Executor or Administrator failing to make his annual returns, shall forfeit his commission on the whole estate. In order to settle said practice and save Executors and Administrators from loss of commissions, when acting without faults. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and

Page 41

it is hereby enacted by the authority of the same, That executors, administrators and guardians shall be permitted to make their annual returns required of them by the first Monday in July of each and every year, any law to the contrary notwithstanding. SECTION 2. And be it further enacted, That when from providential cause any such Trustee shall fail to make returns by the time specified, the Inferior Court when sitting for Ordinary purposes, may by special order on their minutes save them from all penalty of forfeitures of commissions on account of failing to make said returns within said time. SECTION 3. And be it further enacted, That if any executor, administrator or guardian shall fail to make a return within the time required by law, he shall not lose the commissions on any returns made in due time. Approved, February 22, 1850. AN ACT to alter and amend an act entitled an act to authorize and empower executors and administrators to make titles to land in certain cases, approved February the 15th, 1799. SECTION 1. Be it enacted by the Senate and 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 contemplated by the act entitled an act to authorize and empower executors and administrators to make titles to land in certain cases, approved on the fifteenth day of February, in the year seventeen hundred and ninety-nine, be so far changed, as in no instance to require more than the judgment of the Court of Ordinary of the county where the executor or administrator may reside at the time of the commencement of the suit, to authorize or empower him to make title, and that it shall not be necessary to obtain the concurrence of the Court of Ordinary in addition thereto, of the county where the deceased resided at the time of his death, as contemplated by the aforesaid act to authorize or empower the executor or administrator to make such title. And that all laws or parts of laws militating against this act be and the same are hereby repealed. Approved, February 14, 1850. AN ACT to authorize the administrators of the estates of Hardy Ivy and Alston H. Green, late of DeKalb county, deceased, to sell certain lots belonging to said estates, in the city of Atlanta.

Page 42

WHEREAS lot of land number fifty-one, in the fourteenth district of originally Henry, now DeKalb county, the property of the estate of Hardy Ivy, late of DeKalb county, and a part of lot of land number eighty-three, in said district, the property of the estate of Alston H. Green, deceased, are situate within the corporate limits of the city of Atlanta, and orders having been obtained from the Court of Ordinary of said county, authorizing the sale of said lands, and it being evident that the same would sell for a much higher price if sold on the premises, in the city of Atlanta: 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 said administrators be, and they are hereby authorized to sell said lots of land, or such parts thereof as they may now or hereafter may be authorized to sell by the Court of Ordinary of said county, in the city of Atlanta, at public auction, at such terms as they may deem best and most for the interest of said estates, by advertising the same at least forty days, in a public gazette, or at two or more of the most public places in the county. SECTION 2. Be it further enacted, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. Approved, February 22, 1850. AN ACT in relation to affidavits of illegality of execution. SECTION 1. Be it enacted by the Senate and House of 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 defendant or defendants in execution in cases of illegality of execution, by leave of the Court, to make any amendment of the affidavit of illegality, which the defendant or defendants may deem necessary, and which amendment may be made either by the insertion of new grounds of illegality or the correction of errors and mistakes in the affidavit of illegality, and the said amendments when made and sworn to, shall be taken as part of the original affidavit: Provided, always that the amending party shall not be entitled to any delay or continuance of said case to which he would not have been entitled in case his affidavit had been perfect in the first instance. SECTION 2. And be it further enacted, That whenever an amendment is made under the provisions of this act, the

Page 43

plaintiff in execution or his counsel (if surprised by the amendment,) shall and may move a continuance of the case, and the Court shall charge the continuance to the amending party. Approved, February 22, 1850. AN ACT to authorize the Sheriffs, Clerks, and Coroners of Pulaski county to advertise their sales in some paper published at Milledgeville, or at Macon, or in the town of Albany, Baker county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General [Illegible Text] 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, Clerks and Coroners of the county of Pulaski, shall advertise all sales or citations by them to be made, in some one of the public newspapers published in Milledgeville, or Macon, or in the town of Albany, Baker county, the Sheriffs, Clerks and Coroners having their choice. SECTION 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. Approved, January 26, 1850. AN ACT to alter and amend an act approved December the 22d, 1832, which requires the Jailors of the several counties of this State to advertise and publish all runaway slaves in one of the papers of Milledgeville. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly convened, and it is hereby enacted by the authority aforesaid, That from and after the passage of this act, the Jailors of the several counties in this State, shall not be required by law, as heretofore, to publish or advertise any runaway slave or slaves, in either or any of the Milledgeville papers; but in lieu thereof, the said Jailors shall be, and they are hereby required, in every instance, to advertise such runaway slave or slaves in such paper or papers as they may direct or think proper: Provided, One of such papers shall always be the same in which the Sheriff or Coroner of the Jailor's county shall at the time advertise the Sheriff's sales of such county. SECTION 2. Be it further enacted by the authority aforesaid,

Page 44

That all laws and parts of laws militating against this act, be, and the same are hereby repealed. Approved, February 1, 1850. AN ACT to authorize and require the Sheriffs, Coroners, Clerks of the Superior and Inferior Courts and Courts of Ordinary in the several counties in this State, to advertise in certain newspapers. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Sheriffs, Coroners, Clerks of the Superior and Inferior Courts and Clerks of the Courts of Ordinary in the several counties in this State, are hereby authorized and required to advertise their sales, citations, and proceedings of their respective Courts in some newspaper published in their counties respectively, and if there be no such paper published in the county, then in the nearest newspaper having the largest or a general circulation in the county; and no such officer shall change the advertising connected with his office from one paper to another, without first giving notice of his intention to do so in the paper in which his advertisements may have been published. SECTION 2. And be it further enacted by the authority aforesaid, That all deputies of Sheriffs or other officers herein mentioned, shall advertise in the same papers in which their principals advertise. SECTION 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. Approved, February 22, 1850. AN ACT to authorize amendments to be made instanter, in cases of misnomer in all judicial proceedings, 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, all misnomers made in writs, petitions, bills or other judicial proceedings on the civil side of the Court, shall be amended and corrected instanter, without working any unnecessary delay to the party having made the same. SECTION 2. And be it further enacted by the authority

Page 45

aforesaid, That in suits by or against partners, or when any two or more persons sue or are sued in the same action, and the name of any person who ought to be joined in such action as plaintiff or defendant is omitted; on ascertaining the same, the omission shall be amended instanter. Approved February 22, 1850. AN ACT to authorize William P. Cunningham to plead and practice Law in the several Courts of Law and Equity in this State, on certain conditions therein named. WHEREAS William P. Cunningham, an alien born, but now residing in this State, and whose bona fide intention it is to become a citizen of this State so soon as the time for that purpose shall elapse, he not having been in this country long enough to be naturalized, is desirous of having the privilege granted to him of practising law in the several Courts of this State; and whereas by the statutes of this State, none but citizens of this State are entitled to such privileges, 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, William P. Cunningham now a resident of Clark county in this State, be and he is hereby authorized to plead and practice Law in the several Courts of Law and Equity in this State, upon his undergoing an approved examination according to law, under the same liabilities and having the same privileges as if he were a natural born citizen of this State. Approved, February 14, 1850. AN ACT to authorize Osborne A. Lochrane, of the county of Clark, to plead and practice law in the several Courts of law and equity in this State, on certain conditions therein named. WHEREAS Osborne A. Lochrane, an alien born, but now residing in this State, has petitioned the General Assembly to pass an act authorizing him to plead and practice law in the several Courts of this State, representing that he has not yet been naturalized, but that it is and always has been his bona fide intention to become a citizen of this country, so soon as the period shall arrive required by

Page 46

law for that purpose; and whereas by the statute of the State, none but citizens are entitled to such privilege; for remedy whereof: Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this act, Osborne A. Lochrane, a resident of the county of Clarke, be, and he is hereby authorized to plead and practice law in the several Courts of law and equity in this State, on his undergoing an approved examination, according to law. Approved, December 14, 1849. AN ACT to regulate the testimony of Attorneys at Law. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall not be lawful for any Attorney at law or in equity in any case hereafter commenced, to give testimony in any Court of law or equity in this State, of any matter or thing, either for or against his client, the knowledge of which he may have acquired from his client, or during the existence and by reason of the relationship of client and attorney: Provided nevertheless, That no attorney shall be exempted from making answer as defendant, when a proper case shall be made in equity, and his answer required as by the laws now in existence. And be it further enacted, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. Approved February 21, 1850. AN ACT to authorize aliens to receive, purchase, hold and convey, mortgage, or devise real estate. SECTION 1. Be it enacted by the Senate and 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 adult male alien citizen has come or shall come into this State to reside, and has given or shall give notice of his intention to become a citizen of the United States, according to the provisions of the acts of Congress, such aliens shall be authorized to receive, purchase, and hold real estate as fully and completely as if he were a citizen

Page 47

of the United States, and after he shall have become a citizen by taking the oath of allegiance in the manner prescribed by said acts of Congress, shall be authorized to convey, devise, or mortgage the said real estate or any part thereof. SECTION 2. And be it further enacted, That all adult female aliens and all minor aliens coming into this State to reside shall be authorized to receive, purchase, and hold real estate, females to convey, devise or mortgage the same without restriction upon their right to do so, and with the same power as to disposal thereof in males when they become citizens of the United States. SECTION 3. And be it further enacted, That in case of the death of any such male alien before he shall become a citizen of the United States, the real estate held by him shall not escheat, but shall be disposed of as is provided by existing laws when land is devised to or descends to aliens. Approved, December 21, 1849. 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 December the 18th, 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 the government of the State Lunatic Asylum at Midway shall be vested in a board of three Trustees, to be biennially appointed and commissioned by the Governor, on the first Monday in December of every second year, commencing on the first Monday of December, 1850, and in such manner that one of the Trustees shall continue in office, so that there will always be a member of the board of Trustees who is well acquainted with the business of the Institution, the situation of its inmates, and the character and conduct of its officers. SECTION 2. And be it further enacted by the authority aforesaid, That the board of Trustees shall have authority to appoint all the officers of the Institution, prescribe the duties of their several stations, and to establish such rules and regulations for the internal management of the affairs of the Institution, and for the admission of all lunatics, idiots and epileptics, as in their judgment may be necessary, and the said Trustees shall receive seventy-five dollars each, per annum, payable quarterly, for their services. SECTION 3. And be it further enacted by the authority aforesaid,

Page 48

That the principal officer of the Institution shall be the Superintendent, who shall be a regular Physician, reside constantly upon the premises and devote his professional services exclusively to the use of the Asylum, and who shall receive for his services a salary of fifteen hundred dollars per annum, payable quarterly out of the State Treasury, and the use of a suitable residence, and who as Superintendant of the Asylum, shall, under the Trustees, take charge of and exercise control over every department of the establishment, and have positive control over all resident officers, attendants and servants employed in the Institution, and employ all attendants and servants necessary, and as physician he shall discharge all duties any way connected with the restoration to health or [Illegible Text] of the inmates. SECTION 4. And be it further enacted by the authority aforesaid, That the other officers of the Institution shall consist of an Assistant Physician, a Treasurer, a Steward, Assistant Steward, Matron and Assistant Matron, whose salaries shall be fixed by the board of Trustees, and paid quarterly out of such appropriation as may be made by the Legislature.And the Trustees may by the regulations prescribed by themselves, constitute such other [Illegible Text] and select the incumbents of them as in their judgment may be necessary to an efficient administration of the affairs of the Institution, and in their by-laws determine the salaries and tenure of the office of their officers. SECTION 5. And be it further enacted by the authority aforesaid, That all officers and attendants of the Asylum, resident upon the premises be, and they are hereby exempted from the performance of all jury, patrol, road and militia duty, and from all pains and penalties from the neglect thereof; and no servant employed in the Asylum shall be held liable to work upon the public roads. SECTION 6. And be it further enacted by the authority aforesaid, That it shall be the duty of the board of Trustees to remove from office and cause to be prosecuted, any person employed in the Asylum who shall assault any inmate of said Institution, or use toward such inmate any other or greater violence than may be necessary for his or her government, restraint or care. SECTION 7. And be it further enacted by the authority aforesaid, That the Trustees may receive and hold in trust for the Asylum, any grant or devise of land, or any bequest or donation of money, or other personal property to be applied to the maintenance of insane persons, and the general use of the Institution. SECTION 8. And be it further enacted by the authority aforesaid, That there shall be thorough monthly visitations by one of the board of Trustees, semi-annually by a majority of them, and annually by the whole board.

Page 49

SECTION 9. And be it further enacted by the authority aforesaid, That the fiscal year of the Institution shall regularly terminate on the first day of October of each and every year, up to which time a full and detailed report shall be made by the Trustees, Superintendent and Treasurer, to be laid before the Governor and Legislature during the first week of the ensuing month, exhibiting a particular statement of the condition of the Asylum, and of all its concerns, with such other matter as in their judgment may be conducive of the interest of the Institution. SECTION 10. And be it further enacted by the authority aforesaid, That the Trustees of the Inferior Courts in the several counties in this State, or a majority of them, agreeably to the provisions hereinafter specified, may, upon the application of any citizen, commit to the Asylum any individual whose lunacy, idiocy or epilepsy is satisfactorily established, (except in the cases of idiots who are not known to be in any way dangerous and whose friends have the means to provide for them); and in all cases when a certificate of pauperism is furnished by the Court, such individual shall be supported in the Asylum at the charge of the State, but no individual shall be certified a pauper who is not in whole or in part, supported by the county in which he or she resides; and in the cases of persons of very limited means, and who cannot be certified paupers, but in relation to whom the certificate of the Court is obtained, that their friends are unable to pay the usual charge of board, c., of pay patients in the Institution, the Trustees shall be authorized to receive and retain him or her upon the regular and punctual payment of such proportion as it is satisfactorily attested they can pay; any necessary balance being drawn from the fund appropriated for the support of pauper patients to the amount of the allowance made for the support of each pauper; and on all occasions when the case of any lunatic, idiot or epileptic is under consideration before the said Justices, it shall be the duty of the Clerk of the Inferior Court to attend such investigation and keep a book in which all matter relating to the enquiry or trial shall be recorded. SECTION 11. And be it further enacted by the authority aforesaid, That any person who may desire the commitment of any lunatic, idiot or epileptic, shall make application in writing to the Justices of the Inferior Court of the county where such lunatic, idiot or epileptic resides, for such commitment, whereupon the said Justices or a majority of them shall appoint a day for the hearing and determining upon such application, and the applicant shall notify the relations or nearest of kin to such lunatic, idiot or epileptic, resident in the county, of the day set apart, at least ten days before the period thus designated. SECTION 12. And be it further enacted by the authority aforesaid,

Page 50

That whenever any application shall be made to the Justices of the Inferior Court or a majority of them in any county of the State, for the commitment of any lunatic, idiot or epileptic to the Asylum, they shall issue a warrant to the Sheriff or the Deputy of the Sheriff in said county, directing him to summon a jury of seven men, one of whom shall be a regular physician to be and appear at the Court House in said county, on a day specified in said warrant, to hear and determine the question of lunacy, idiocy or epilepsy, and the Justices or a majority of them shall preside at such trial and administer an oath to such jurors faithfully and impartially to try said issue of lunacy, idiocy or epilepsy, and the verdict of the jury shall be final on such complaint; and the Clerk of the Court shall make out a full and fair exemplification from the records of all proceedings had in the case, to be sent with such lunatic, idiot or epileptic, if committed to the Asylum, and the Justices of the Inferior Court shall have the same authority as the Inferior Court has by law to enforce the attendance of jurors and witnesses, and to inflict fines for non-attendance, and to fine or send to jail any person who may be disposed to [Illegible Text] disorder or disturb the Court during its session for the trial of such cases. SECTION 13. And be it further enacted by the authority aforesaid, That in the cases of all citizens of this State, who have been regularly received as patients in the Asylum, but have been absent from it for the period of three months, either through discharge, elopement or removal by friends, such person cannot be returned to the Institution unless regularly recommitted according to the form prescribed in this act. SECTION 14. And be it further enacted by the authority aforesaid, That no lunatic, idiot or epileptic not having a residence in this State, shall be received into the Asylum, unless satisfactory arrangements shall have been made with the Trustees to provide for and secure the prompt payment of his or her board, and all other expenses liable to be incurred. SECTION 15. And be it further enacted by the authority aforesaid, That the Trustees or a majority of them, upon an application to them in writing, shall discharge from confinement any lunatic or epileptic, upon being satisfied that the cause of such confinement has ceased to exist, and no pauper lunatic or epileptic, who shall have recovered, shall be discharged from the Institution without suitable clothing, and the Trustees may furnish the same at their discretion, together with a sum of money not exceeding ten dollars. SECTION 16. 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. Approved, February 21, 1850.

Page 51

AN ACT to incorporate a Bank in the city of Savannah to be called the Bank of Savannah. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Solomon Cohen, Lewis F. Harris, Allen A. Denslow, Isaac W. Morrell, Hiram Roberts, W. W. Starke, Asa Holt, and Henry Lathrop, and their associates and successors, shall be and are hereby incorporated and made a body politic by the name and style of the Bank of Savannah, to be located at Savannah, in the county of Chatham, and shall continue until the first day of February, 1870, and by that name shall be and are hereby made able and capable in law to have, purchase, receive, possess, enjoy and retain, to them and their successors, lands, rents, tenements, hereditaments, so far as may be necessary for the erection of necessary banking houses, and such as have been bona fide mortgaged to it as security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts, and the same to sell, grant, demise, alien, or dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any Court of law or equity in this State or elsewhere, having competent jurisdiction; to make, have, and use a common seal, and the same to break, alter, and renew at their pleasure; and to make and ordain such by-laws, rules and regulations as they may deem expedient and necessary to carry out the objects of the institution: Provided, Such by-laws, rules and regulations be not repugnant to the Constitution or laws of this State, or of the United States. SECTION 2. The aforesaid Solomon Cohen, Lewis F. Harris, Allen A. Denslow, Isaac W. Morrell, Hiram Roberts, W. W. Starke, Asa Holt, and Henry Lathrop, or any three or more of them, be and they are hereby constituted a Board of Commissioners, whose duty it shall be to open a book of subscription for shares in said company on the fourth day of March, 1850, and shall continue open for three days at such place and for so many hours each day as the said Board of Commissioners may determine on, and any capital stock remaining unsubscribed for at the expiration of said three days, shall be disposed of by said Commissioners, or the Directors to be hereafter chosen, in such manner as they may direct. SECTION 3. The capital stock of said Bank shall be five hundred thousand dollars, ($500,000) which shall be divided into shares of one hundred dollars, ($100) but the company may commence business as soon as two hundred thousand dollars in specie shall have been paid.

Page 52

SECTION 4. Upon the expiration of three days hereinbefore allowed for subscribing to the stock of said Bank, it shall be the duty of said Commissioners to convene the stockholders or subscribers by giving ten days' notice in one or more of the public newspapers of Savannah, of the time and place of meeting, who may then or at any time thereafter proceed to the election of a Board of seven Directors, under such rules and regulations as they may adopt for that purpose. SECTION 5. The Directors shall have power to issue to the subscribers their certificates of stock, and no transfer of stock in this company shall be considered as binding upon the company unless entered in a book or books kept for that purpose by the company by personal entry of the stockholder, his legal representative or attorney duly authorized by special power for that purpose: Provided, That no stockholder indebted to the Bank shall transfer his or her stock until all debts due said bank by such stockholder shall be paid. SECTION 6. The number of votes in electing Directors to which each of the stockholders shall be entitled, shall be according to the number of shares he shall hold, each share to be entitled to one vote, from one to one hundred shares; but no stockholder shall be entitled to more than one hundred votes, and no share or shares (after the first election) shall confer a right of suffrage which shall not have been holden by the person in whose name it appears at least three calendar months previous to the day of election, and unless it be holden by the person in whose name it appears absolutely and bona fide in his own right or in that of his wife, and for his or her sole use and benefit, or as executor, administrator or guardian, or in the right and use of some copartnership, corporation, or society, of which he or she may be a member, and not trust for or to the use of any other person. Any stockholder being absent may authorize by power of attorney under seal any other stockholder to vote for him, her or them. SECTION 7. None but a stockholder, entitled in his own right (which he shall swear to, if required,) to ten shares of said stock, and not being a Director of any other Bank, shall be eligible as a Director, and if any one of the Directors of said corporation shall after being elected become a Director of any other Bank, or accept of any appointment or office from any other Bank, or cease to be a stockholder, his seat shall thereupon become vacated, and the remaining Directors, or a majority of them, shall upon their next meeting pass and enter upon their minute book an order declaring him to be no longer a Director. SECTION 8. The Directors so appointed shall at their first meeting thereafter proceed to the appointment of a President from their own body, and the said President and

Page 53

Directors may appoint a Cashier and such other officers under them as they may deem necessary and expedient for carrying the provisions of this act into effect, and shall make compensation to them for their services as shall appear to them reasonable, and shall be capable of exercising such other powers and authorities of making, revising, altering or annulling all such by-laws and regulations for the government of the said company and that of their officers and affairs as they or a majority of them shall from time to time think expedient and not inconsistent with laws. SECTION 9. The Cashier, before he enters on the duties of his office, shall be required to give bond with two or more securities to the satisfaction of the Directors, in such sum as they may by their by-laws order and direct from time to time, with condition for the faithful performance of his duties; and the President, Cashier, and other officers of the Bank shall take the following oath on entering on the duties of their respective offices: I, A. B. do solemnly swear (or affirm) that I will well and faithfully discharge the duties of President, Cashier, or other officer (as the case may be) of the Bank of Savannah; which shall be subscribed and entered upon the minutes. SECTION 10. And be it further enacted, That from the time that this act shall take effect, the total amount which the Bank shall at any time owe, whether by bond, bill, note, or other contract, shall not exceed three times the amount of its capital. SECTION 11. The persons and property of the stockholders, for the time being, in said Bank, shall be pledged and bound in proportion to the amount of the shares that each individual or company may hold in said Bank, for the ultimate redemption of the bills or notes issued by or from said Bank during the time he, she or they may hold such stock in the same manner as in common commercial cases or simple cases of debt. SECTION 12. Any number of stockholders, not less than twenty, who together shall be proprietors of two hundred shares or upwards, shall have power at any time to call a meeting of the stockholders for purposes relative to the institution, giving at least sixty days' notice in one of the public gazettes of the city of Savannah, specifying in such notice the object of said meeting. SECTION 13. The directors shall keep fair and regular minutes of their proceedings; and upon any question where a Director shall require it, the yeas and nays of the Directors voting shall be inserted in said minutes; and the books and papers, correspondence and funds of the company shall at all times be subject to the inspection of the Board of Directors or stockholders when convened according to the provisions of this act.

Page 54

SECTION 14. Dividends of the profits of the corporation or of so much thereof as shall be deemed expedient and proper shall be declared and paid half yearly, (the first half after the Bank shall have been in operation excepted); and the said dividends shall from time to time be determined by a majority of the Directors at a meeting to be held for the purpose; and shall in no case exceed the amount of the net profits actually required [acquired] by the corporation, so that the capital stock thereof shall never be impaired. SECTION 15. No stockholder shall be permitted to borrow money from said Bank upon the faith or pledge of their stock, but shall be subjected to the same rules and regulations in borrowing money therefrom as any other customer of the Bank. SECTION 16. Any Bank or branches thereof who may make a demand of specie from said Bank, shall be compelled to receive either the bills of said original Bank or any of its branches in payment. Approved, February 13, 1850. AN ACT to incorporate a Banking Company in the city of Macon, under the name of the Manufacturer's Bank of Macon. WHEREAS the commercial interests of the city of Macon, and the interest of the planters trading to that city, require the establishment of a Bank and the concentration of banking capital in that city, for the purpose of facilitating the sale of produce brought to that market: therefore, SEC. 1. Be it enacted by the [Illegible Text] and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Skelton Napier, Leroy Napier, John J. Gresham, Edwin B. Weed, Andrew J. White, Isaac Scott, William B. Parker, Charles Cotton, and Edwin Graves, together with all such persons as may hereafter become stockholders in the said company, be, and they are hereby incorporated and made a body politic, under the name and style of the Manufacturer's Bank of Macon, and by that name shall be capable in law to sue and be sued in any of the Courts of this Stateto have, purchase, hold, possess, receive and retain to them and their successors, lands, rents, [Illegible Text], hereditaments, goods, chattels and effects of any kind whatsoever, and the same to sell, grant, demise, alien and dispose of, at their pleasure, and also to make, have and use, a common seal, and the same to alter or renew as they may deem proper; and also to make, ordain and establish such by-laws, ordinances and regulations as shall seem necessary and [Illegible Text] for the government of said corporation, not being

Page 55

contrary to the Constitution or laws of this State or of the United States, or repugnant to the fundamental laws of this corporation, and generally shall be vested with all the rights and powers which usually appertain to corporate bodies. SECTION 2. And be it further enacted by the authority aforesaid, That the capital stock of the said Bank shall consist of two hundred and fifty thousand dollars, which may be increased by the stockholders, at a regular meeting, to a sum not exceeding five hundred thousand dollars, which shall be divided into shares of one hundred dollars each. SECTION 3. And be it further enacted by the authority aforesaid, That for the proper management of the affairs of said Bank, there shall be five Directors, who shall be elected annually, on the first Monday in February in each year, by the stockholders, when a majority of the votes given in, shall be necessary to a choice. The first election shall take place whenever the capital stock herein provided for, shall be subscribed and the directors when chosen, shall serve until the first Monday in February thereafter; and if at any time there be a failure to elect on the day thus designated, the old Directors shall act until their successors are elected and qualified. At the first meeting of the Directors after their election, they shall select one of their number as President, and in case of his death, resignation or removal from the State or from the Board of Directors, or the death, resignation, or removal of any one or more of the Directors thus chosen, the remaining Directors shall have power to elect one of their number as President, or another stockholder duly qualified as Director for the balance of the year ending the first Monday in February thereafter. SECTION 4. And be it further [Illegible Text] by the authority aforesaid, That the Board of Directors of said Bank shall have power to elect a Cashier and such other officers and clerks under them, as shall be necessary for executing the business of the Bank, and to allow them such compensation for their services respectively as they may deem reasonable; and shall be capable of exercising such other powers and authority of making, revising, altering or annulling all such bylaws and regulations for the government of said [Illegible Text] and that of their officers and affairs, as they or a majority of them, shall from time to time think expedient, and not inconsistent with law, and to use, employ and dispose of the joint stock, funds or property of said Bank, (subject to the restrictions herein contained,) as to them, or a majority of them, shall seem expedient. SECTION 5. And be it further enacted by the authority aforesaid, That the Cashier of said Bank, before he enters upon the duties of his office, shall be required to give bond, with two or more securities, to the satisfaction of the Directors, in such sum as they may by their by-laws direct, conditioned

Page 56

for the faithful performance of his duties and the proper application of the funds of the Bank which may come to his hands; and the President, Cashier and other officers of the Bank, shall take the following oath on entering on the duties of their respective offices:I, A B, do solemnly swear (or affirm,) that I will well and faithfully discharge the duties of President, Cashier or other office (as the case may be,) of the Manufacturers' Bank of Macon, which oath shall be subscribed and entered on the minutes of the Board. SECTION 6. And be it further enacted by the authority aforesaid, That for the purpose of carrying into effect this act and establishment of said Bank, Washington Poe, John L. Jones, James Rea, Thaddeus G. Holt and Charles Day, be, and they are hereby appointed Commissioners, for the purpose of receiving subscriptions to the capital stock of said company. [Illegible Text] said Commissioners shall meet on the first Monday in April next, to receive such subscriptions, after having advertised in the gazettes of the city of Macon thirty days. When the amount of two hundred and fifty thousand dollars shall have been subscribed bona fide, and the sum of ten per cent. thereon shall have been paid in gold and silver, or the Bank notes of this State paying specie, to said Commissioners or a majority of them, who are hereby authorized to act, they shall give thirty days' notice to the stockholders for an election of Directors of said Bank. After the election of Directors, the said Commissioners shall pay to the Directors the amount of money received by them for subscriptions to the capital stock of said company, and be discharged from their duties: Provided, That if the sum of two hundred and fifty thousand dollars shall not be subscribed at the meeting of said Commissioners, they may adjourn from time to time until the said amount shall be raised. SECTION 7. And be it further enacted by the authority aforesaid, That the Directors of said Bank shall call in from time to time such instalments on the capital stock of said Bank, as to them may seem advisable, until the whole amount is paid inthat in all such payments nothing shall be recognized or received except gold or silver, or the Bank [Illegible Text] of this State paying specie: Provided, That the said Directors shall not be authorized to issue any notes of this Bank, until the sum of one hundred and twenty-five thousand dollars shall be paid into the Bank, and of which sum fifty thousand dollars shall be in actual gold and silver. SECTION 8. And be it further enacted by the authority aforesaid, That if any subscriber or subscribers to the capital stock of said Bank shall fail or refuse to pay in the instalments as they shall be called for by the Directors, then the amount which such subscriber shall have previously paid on his stock, shall be forfeited to the Bank, at its option; or the Bank may [Illegible Text] further payments, until the whole amount

Page 57

is paid. All forfeited stock the Directors shall have power to sell. SECTION 9. And be it further enacted by the authority aforesaid, That in all elections for Directors of said Bank, and in all matters coming before the stockholders, each stockholder shall be entitled to one vote for each share which he or she shall hold in his or her own right or in a representative capacityand any stockholder being absent, may authorize, by power of attorney, under seal, any other stockholder, to vote for him, her or them. SECTION 10. And be it further enacted by the authority aforesaid, That no person but a stockholder, entitled in his own right to fifty shares of the capital stock of said Bank, and being a citizen of this State, shall be eligible as Director of this Bank; and if any one of the Directors of this Bank shall, during the term for which he was elected, cease to be a stockholder, his seat shall thereupon become vacated, and the remaining Directors shall at their next meeting, proceed to fill the vacancy. SEC. 11. And be it further enacted by the authority aforesaid, That the stockholders may make such compensation to the President for his services, as they may deem proper; and a majority of the Board of Directors shall constitute a quorum for the transaction of business, of which the President shall always be one, or in case of his absence, the remaining Directors may elect a President [Illegible Text]. from their number, to act in such absence. SECTION 12. And be it further enacted, That the lands, tenements and hereditaments which it shall be lawful for said corporation to hold, shall be such only as may be requisite for its immediate accommodation, in relation to the convenient transaction of its business, and such as may be bona fide mortgaged to it as security, or conveyed to in satisfaction of debts due to the Bank, or purchased at sales upon judgments for such debts. SECTION 13. And be it further enacted by the authority aforesaid, That the total amount of the debts which the said Bank shall at any time owe, whether by bond, bill, note or other contract, shall not exceed three times the amount of their stock actually paid in, over and above the amount of moneys deposited in said Bank for safe keeping; and in case of excess, the Directors assenting thereto shall be liable for such excess, in their individual capacities, and shall be liable to be sued in any of the Courts of Record in the United States having jurisdiction of the case in an action of debt, and any creditor of said Bank, shall be authorized to institute such suit: Provided, that nothing herein contained, shall be construed to prevent the effects of the corporation from being liable likewise for said excess. SECTION 14. And be it further enacted by the [Illegible Text] aforesaid,

Page 58

That the Directors of said Bank shall cause to be issued to each stockholder, a certificate for the amount of his stock in said Bank; and no transfer of stock shall be made except by the personal entry of the stockholder, his attorney, duly authorized, or legal representative, in the books of said Bank: Provided, that no stockholder indebted to the Bank, shall transfer his or her stock, until all debts due to the Bank by him or her shall be paid. SECTION 15. And be it further enacted by the authority aforesaid, That the notes, bills, obligations or other contracts in behalf of said Bank, shall be binding and obligatory upon said Company: Provided, the same be signed by the President and countersigned by the Cashier of said Bank, and the funds of the Bank shall in no case be bound for such contracts, unless the same be so signed and countersigned, except for checks signed by the Cashier in due course of business. SECTION 16. And be it further enacted by the authority aforesaid, That the books, papers, funds and correspondence of said Bank, shall at all times be subject to the inspection of the Board of Directors and of the stockholders when convened according to the provisions of this act. SECTION 17. And be it further enacted by the authority aforesaid, That any number of stockholders representing five hundred shares or more of the capital stock of said Bank, shall have power at any time to call a meeting of the stockholders for purposes relative to the institution, giving at least sixty days notice thereof, in two of the public gazettes of the city of Macon, specifying in such notice the object of the meeting. SECTION 18. And be it further enacted by the authority aforesaid, That no instalment on the capital stock of said Bank, shall be required without giving sixty days notice thereof in the gazettes of Macon, or by letter, addressed to the stockholders, at their residence. SECTION 19. And be it further enacted by the authority aforesaid, That the Directors of said Bank shall keep regular minutes of their proceedings in a book kept by them for that purpose; and on any question before the Board, the yeas and nays may be required by any member of the Board, which shall be duly recorded, and those minutes shall at all times be subject to the inspection of the stockholders, at a regular meeting The Board of Directors shall from the profits of said Bank, leaving the capital unimpaired, declare, from time to time semi-annually, dividends on the capital stock of said Bank, to be paid to the stockholders or their orders. SECTION 20. And be it further enacted by the authority aforesaid, That the persons and property of the stockholders in the Manufacturer's Bank of Macon, shall at all times be bound for an amount equal to the proportion of stock which

Page 59

he, she or they shall own in said Bank, for the ultimate redemption of the notes or bills of said Bank, and any billholder may institute suit against them, as in cases of partnership, for the purpose of enforcing such liability. SECTION 21. And be it further enacted by the authority aforesaid, That the said corporation shall exist and the privileges hereby conferred shall continue for the space of thirty years from the first day of February, 1850, and no longer, except for the purpose of winding up its affairs, unless by a subsequent act of the General Assembly of this State. Approved, February 23, 1850. AN ACT to empower and authorize the stockholders of the Milledgeville Bank to increase the capital of said Bank to five hundred thousand 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 the stockholders in said Bank shall have power and authority to increase the capital of the Bank of Milledgeville to the sum of five hundred thousand dollars, under the privileges and restrictions of the original charter. Approved, February 11, 1850. AN ACT for certain purposes connected with the Bank of Darien. WHEREAS there are a number of claims against the Bank of Darien outstanding, for which the State is liable, under the charter of said Bank; and whereas many of said claims are believed to be illegal and unjust, but it being difficult to procure the evidence necessary to show the injustice of said claims: SECTION 1. Be it enacted by the Senate and 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 Director of the Central Bank be and he is hereby directed to inquire into said outstanding claims, and ascertain and report on what terms they can be compromised, compounded or settled; that said Director be required to report as early as practicable to the Governor, and that said report be communicated by the Governor to the next General Assembly. Approved, February 22, 1850.

Page 60

AN ACT to amend the act incorporating the Bank of Brunswick. SECTION 1 Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Directors of the Bank of Brunswick at Augusta shall be, and they are hereby authorized (when the stockholders in said Bank shall so order or determine, in general meeting to be called for that purpose by the Directors on ten days notice,) to increase the capital stock of said Bank to a sum not exceeding five hundred thousand dollars, which increased capital and the holders thereof shall be subject to all the restrictions and liabilities prescribed in the act incorporating said Bank, except as to the right of voting. SECTION 2. And be it further enacted, That at all meetings and elections hereafter to be held, each stockholder in said Bank shall be entitled to one vote for each share of stock held by him or her. Approved, February 11, 1850. AN ACT to change, point out and regulate the manner in which the returns of the several banking institutions of this State shall hereafter be made. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That after the passage of this act, his Excellency the Governor of the State shall twice in each and every year require, by public advertisement for at least two weeks in a gazette printed at the seat of Government, each and every bank and banking institution in this State to make a just and true return under the oaths or affirmation of its President and Cashier, of the state and condition of such bank or banking institution, with the names of its President and Directors, and a list of its stockholders, on the day of the regular weekly meeting of the President and Directors thereof next preceding the date of such requisition by the Governor; and it shall be the duty of each and every bank or banking institution, within thirty days after the date of such call by the Governor, and under the penalty now prescribed by law for a failure to make returns, to make and transmit to the Governor such return so required in lieu and stead of the return heretofore required. SEC. 2. And be it further enacted by the authority aforesaid, That in the respective returns required by the preceding section, the good, bad and doubtful debts of said bank or banking institution respectively, shall be set forth as now required by law.

Page 61

SEC. 3. And be it further enacted, That when any bank or banking institution shall make the return required by this act, the same shall be published by such corporation within the time, under the penalties, and in the manner prescribed by existing laws, publishing the list of stockholders once a year only. 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. Approved, February 21, 1850. AN ACT for the relief of the Merchant's Bank of Macon. WHEREAS the Comptroller General did, on the 21st day of May, 1849, issue execution against the Merchant's Bank of Macon, for the tax on its capital stock for 1848, in compliance with the act of the 19th December, 1817, the Bank having failed to make a return deemed in compliance with said act, and with the act of the 27th of December, 1845; and whereas said Bank has reduced its capital by losses and withdrawals of stockholders to a very small amount, upon which amount, as actually used and operated on, she is willing and desirous to make return and pay tax; and whereas the exaction of the amount of the execution issued would be onerous and oppressive: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Comptroller General do recall [Illegible Text] execution, now suspended by the order of the Governor of the State, upon said Merchant's Bank making return of the amount of capital actually employed and operated on, and paying into the Treasury the tax prescribed thereon for the years 1848 and 1849; and the said Bank shall be permitted to make returns and pay tax hereafter on the amount actually operated upon each year, or until otherwise ordered by law. Approved, February 23, 1850. AN ACT to incorporate the Cherokee Insurance and Banking Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That William Hammond, Harrison Rodgers, Seaborn Jones, Duff Green, Gustavus Heerbin, J. N. Cate, Henry Jargen, J. A. W. Johnson, and Benjamin Laughridge, or any three of them, be and they are hereby constituted a Board of Commissioners with authority to open books of subscription at

Page 62

such times and places as they shall deem expedient, and the owners of the shares herein authorized to be created shall be and are hereby made a body politic and corporate under the name and style of The Cherokee Insurance and Banking Company, with all the rights, powers and privileges, and subject to all the limitations and restrictions given to and imposed upon the Augusta Insurance and Banking Company by the several acts incorporating and relating to the said Augusta Insurance and Banking Company, which acts shall be conformed to in the organization of the company hereby intended to be incorporated, notice of the opening of books for subscription being also given in a public gazette at Dalton. SECTION 2. And be it further enacted, That the capital stock of said Company shall consist of five thousand shares of one hundred dollars each, and the said Company may commence business in the city of Dalton when twenty-five per cent. of their capital stock shall have been paid in specie. SECTION 3. And be it further enacted, That the Legislature reserves the right for just cause to revoke at any time the powers and privileges herein granted, and to prescribe the manner in which the affairs and business of the said Company shall be settled. SECTION 4. And be it further enacted, That the persons and property of the stockholders in said Company shall be pledged and bound in proportion to the number of shares held by them respectively for the ultimate payment of all the debts and liabilities of said Company incurred while they are stockholders; and any transfer of stock made by any stockholder within six months before the failure of said Company shall not exempt a stockholder from such liability. SECTION 5. And be it further enacted, That the total amount of the issues and liabilities of said Bank shall not at any time exceed double the amount of the capital actually paid in. Approved, February 8, 1850. AN ACT to extend for five years the charter of the Central Bank of Georgia. WHEREAS the Central Bank of Georgia expires on the first day of May, eighteen hundred and fifty, and whereas there are suits pending in favor of the said Bank, and notes belonging to it on which it may be necessary to institute suits in its corporate name: 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

Page 63

the charter of the said Central Bank of Georgia, passed the twenty-second day of December, eighteen hundred and twenty-eight, and the several amendments thereto, be, and the same are hereby extended to the first day of May in the year of our Lord one thousand eight hundred and fifty-five. And be it further enacted, That the extension of the charter of the said Central Bank of Georgia is granted solely with the view of enabling it to close its unsettled business, and it is not to be construed as conferring upon it any rights or privileges except to accomplish that end. Approved, [Illegible Text] 22, 1850. AN ACT relative to Constable's Bonds, and to regulate the proceedings thereon. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia [Illegible Text] General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act that all Constables hereafter to be elected in this State, shall, before [Illegible Text] enters upon the discharge of his official duties, receive a certificate from the Clerk of the Inferior Court, that his bond has been filed in the Clerk's office as now required by law, and that the official acts of any Constable before filing of his bond and receiving a certificate according to the provisions of this section, shall be illegal and void. SECTION 2. And be it further enacted, That all laws and parts of laws [Illegible Text] against this act be, and the same are hereby repealed. Approved, February 11, 1850. AN ACT to reduce the official bonds of the Sheriffs hereafter to be elected in the counties of Telfair and Liberty, from the sum of twenty thousand dollars to the sum of ten thousand 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, the Sheriffs of the counties of Telfair and Liberty, who shall hereafter be elected, shall, before they enter on the duties of their office, each give bond, with two or more good and sufficient securities, in the sum of ten thousand dollars, which said bond shall be taken, executed and approved in the manner heretofore prescribed by law.

Page 64

SECTION 2. And be it further enacted, That all bonds which shall be taken in conformity with the preceding section shall be as legal, valid and of the same force and operation as other Sheriffs' bonds in this State. SECTION 3. A n d be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. Approved, January 18, 1850. AN ACT to be entitled an act to reduce the official bond of the Sheriff of Cherokee county and Murray 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 official bond of the Sheriff of Cherokee county shall be in the sum of fifteen thousand dollars, with two or more good and sufficient securities; Provided, that nothing in this act contained shall in any way affect any Sheriff's bond heretofore given. SECTION 2. And be it further enacted by the authority aforesaid, That the official bond of the Sheriff of Murray county shall be reduced to the sum of fifteen thousand dollars with two or more good and sufficient securities; Provided, that nothing in this act contained shall in any way affect any Sheriff's bond heretofore given. SECTION 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. Approved, December 19, 1849. AN ACT to be entitled an act to reduce the official Sheriff's bond in the county of Dade. WHEREAS, owing to the small population of the county of Dade, the pecuniary responsibility resting upon the Sheriffs of the same is of a limited character. SECTION 1. Be it enacted by the Senate and House of 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 official bond of the Sheriff of the county of Dade shall be given under the penalty of five thousand dollars, and that all laws or parts of laws militating against this act be, and the same are hereby [Illegible Text]. Approved, December 19, 1849.

Page 65

AN ACT to reduce the official bond of Sheriffs hereafter to be elected in the county of [Illegible Text] from the sum of twenty thousand dollars to the sum of ten thousand 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, the Sheriffs of the county of Franklin hereafter elected shall, before they enter on the duties of their office, each give bond with two or more good and sufficient securities, in the sum of ten thousand dollars, which said bond shall be taken, executed and approved in the manner heretofore prescribed by law. SECTION 2. And be it further enacted, That all bonds which shall be taken in conformity with the preceding section, shall be as legal, valid and of the same force and operation as other bonds of this State. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, December 20, 1849. AN ACT to repeal an act entitled an act to incorporate the Campbellton Bridge Company, and to authorize them to build a bridge across Chattahoochee river, approved December 29th, 1847. SECTION 1. Be it enacted by the Senate and 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. Approved, January 29, 1850. AN ACT to authorize John Dillon, of the county of Chatham, to erect a toll bridge over the Great Ogechee river on his own land, near Fort Argyle. SECTION 1. Be it enacted by the Senate and 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 Dillon, of the county of Chatham, be and he is hereby authorized to erect a toll bridge over the Great Ogechee river on his own land, near Fort Argyle, and to demand and receive the same rates of toll as are now demanded and received

Page 66

for ferriage at Fort Argyle ferry: Provided, That said bridge shall have a draw sufficient for the free passage of vessels or steamboats navigating the said river [Illegible Text] and that the piles and supporters of the same shall be so placed as not to impede the navigation of the river by [Illegible Text] flats, floats, or boats. SECTION 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. Approved, December 19, 1849. AN ACT to authorize James Gowdy, of Lumpkin county, to erect and keep up his bridge across the Chestatee river in said county, on his own land, and to charge 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 James Gowdy, of Lumpkin county, or his [Illegible Text] are hereby authorized to construct and keep up his bridge at the place now known as Gowdy's bridge across the Chestatee river, on his own land, and to charge toll for crossing the same at and after the following rates, to wit: For each four horse wagon and team 25 cents. For each two horse wagon and team 20 cents. For each one horse wagon 15 cents. For each pleasure carriage, buggy or sulkey 30 cents. For all ox wagons and carts 20 cents. For each man and horse 10 cents. For each led or drove horse, mule or ass 3 cents. For each head of neat cattle 2 cents. For each head of hogs, goats or sheep 1 cent. SECTION 2. And be it further enacted by the authority aforesaid, That the said James Gowdy, or his assigns, shall be bound to make good any damages that may be sustained by reason of neglect for keeping said bridge in good orderany law, [Illegible Text] or custom to the contrary notwithstanding: and provided, that all the resident citizens of Lumpkin county shall be exempt and free from paying any toll for crossing at said bridge. [Illegible Text] January 26, 1850. AN ACT to incorporate the New Chapel Camp Ground, in the county of Washington, and to appoint Trustees for the same.

Page 67

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That [Illegible Text] H. Saffold, Sen'r., Green Brantley, John [Illegible Text] Emanuel Brown and Silas Floyd, and their successors in office, be and they are hereby appointed and declared a body corporate, under the name and style of the Trustees of New Chapel Camp Ground, of Washington county. SECTION 2. And be it further enacted, That said Trustees and their successors shall have full power to make such by-laws and regulations for the government of said Camp Ground, as they or a majority of them may deem necessary: Provided, they be not repugnant to the Constitution and laws of this State. SECTION 3. And be it further enacted, That the said Trustees and their successors, or a majority of them, shall have full power and authority to fill any vacancy which may occur in their body, by death, resignation or otherwise. Approved, January 26, 1850. AN ACT to incorporate the Fountain Spring Camp Ground in the county of Talbot, 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 Daniel Sherodon, Zachariah Slornes, Thomas Green, Sampson Foy, Benjamin Searcy, and their successors in office, are hereby appointed Trustees for the Fountain Spring Camp Ground, in the county of Talbot. SECTION 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 [Illegible Text] of suing and being sued, pleading and being impleaded, in the several Courts of law and equity in this State, of making all necessary by-laws for their government, and for filling all vacancies that may occur in their Board, holding titles to and conveying real and personal estate, and of doing all other things, and of enjoying all other immunities not repugnant to the laws and constitution of this State, which may be necessary to the [Illegible Text] being of said corporation, and of filling any vacancy that may take place in their body. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 21, 1850.

Page 68

AN ACT to curtail the labor of the Clerk of the Supreme Court, and to reduce the cost in said Court, and to authorize amendments in 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 from and after the passage of this act, the Clerk of the Supreme Court shall not be required to record the opinion of the Court in cases decided in the Supreme Court. SECTION 2. And be it further enacted, That the Clerk of the Supreme Court shall make no charge for attaching the seal of said Court to the writ of error, citation or remittance, or any precept issued by him. SECTION 3. And be it further enacted, That when exceptions are filed in any case in the Superior Court, the Clerk of the Superior Court shall make out a copy of the bill of exceptions, and send it up to the Supreme Court, on or before the first day of Court to which the writ of error is returnable, with the transcript of the Record, and file the original bill of exceptions in his office, for the inspection of all parties interested. SECTION 4. And be it further enacted, That the remitter shall consist of the judgment of the Supreme Court and nothing more. SECTION 5. And be it further enacted, That the Clerk of the Supreme Court shall make no charge but for services actually performed; and for services performed, he shall be allowed the same cost as are allowed by law to the Clerk of the Superior Court. SECTION 6. And be it further enacted, That all bills of exception and the copies thereof, shall be amendable by order of the Supreme Court, so as to be made to conform to the record of the cause. Approved, February 23, 1850. AN ACT to repeal an act consolidating the offices of Clerk of the Superior and [Illegible Text] Courts of the county of Emanuel. SECTION 1. Be it enacted by the Senate and 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 heretofore passed, consolidating the offices of Clerk of the Superior and Inferior Courts of Emanuel county, be and the same is hereby repealed, as fully as if no such act had ever passed, all laws to the contrary notwithstanding. Approved December 20, 1849.

Page 69

AN ACT to authorize Clerks of the Courts of Ordinary in the several counties of this State to grant marriage licenses directed to Jewish ministers, or other persons authorized to perform the marriage ceremony between Jews, and to authorize Jews to be [Illegible Text] according to their own forms. SECTION 1. Be it enacted by the Senate and 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 Clerks of the Courts of Ordinary shall upon application being made, grant and direct marriage licenses to any Jewish minister or other person authorized to perform the marriage ceremony between Jews, and that such person so performing the marriage ceremony shall make a return on the license in manner and form as is now required by law. SECTION 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. Approved December 5, 1849. AN ACT to authorize the Clerks of the Superior, Inferior and Ordinary Courts of Montgomery county to keep their offices within fifteen (15) miles of the Court-house 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 lawful for the Clerks of the Superior, Inferior and Ordinary Courts of Montgomery county, to keep their offices within fifteen miles of the Court-house in said county. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to consolidate the offices of Clerk of the Superior and Inferior Courts for the county of Talbot. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the offices of Clerk of the Superior and Inferior Courts for the county of Talbot be and the same are hereby consolidated. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, December 20, 1849.

Page 70

AN ACT to compensate Clerks at Elections for their services, so far as regards 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 after the passage of this act, the Justices of the Inferior Court of the county of Bibb shall be and they are hereby authorized, in their discretion, to compensate the Clerks of Elections which may hereafter be held in the county of Bibb: Provided, No Clerk shall be paid more than two dollars per dayany law, usage, or custom to the contrary notwithstanding. Approved, February 5, 1850. AN ACT to regulate and to designate the mode and manner in which the Clerks of the Superior Courts of the several counties of this State, and other officers therein named, shall be paid their costs on insolvent State 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 aforesaid, That from and after the passage of this act, that it shall be the duty of the Sheriffs and Solicitors General, and other collecting officers of the several counties of this State, and they are hereby required, to pay over to the Clerks of the Superior Courts of the several counties in said State their proportionate amount of all moneys arising from fines and forfeitures to the oldest orders passed in their favor for costs due on insolvent State cases, said Sheriff and Solicitors reserving their proportionate amount in like manner. SECTION 2. 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. Approved, February 11, 1850. AN ACT to authorize the Clerks of the Superior Courts to administer oaths in certain cases, and to admit to record all deeds, conveyances, and other papers official, signed for that purpose by the Clerks of the Superior 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 authority of the same, That from and after the passage of this act, it shall and may be lawful for

Page 71

the Clerks of the Superior Courts to administer to any witness or witnesses to a deed, conveyance, or other paper intrusted for record, the usual oath or affidavit heretofore administered by a judicial officer or notary public, in making probate of the same to admit said papers to record. SECTION 2. Be it further enacted, That the Clerks of the Superior Courts are hereby authorized to sign officially all papers instrusted for record, which shall be recorded upon such signature as though signed by a judicial officer. Approved, February 14, 1850. AN ACT to compensate the Clerk of the Inferior Court of the county of Gilmer for recording Constables' 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, the Clerk of the Inferior Court of the county of Gilmer shall be entitled to fifty cents for each bond recorded by him as aforesaid. SECTION 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the Inferior Court of said county to pass an order directing the County Treasurer of said county to pay the Clerk of the Inferior Court the recording fees as aforesaid. Approved, February 11, 1850. AN ACT to incorporate the Waynesville Baptist Church. Be it enacted by the Senate and 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 Baptist Church in the county of Wayne, in the third District, G. M. of said county, shall be known by the name of the Waynesville Baptist Church, and that William Royall, Alexander McDonald, William E. Bailey, Henry J. Nichols, Edwin Riley William P. Sullivan, and Samuel Furman, and their successors in office, be, and they are hereby appointed a body politic and corporate, under the name and style of the Waynesville Baptist 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 they may become [Illegible Text] of by gift, purchase or otherwise, and shall have power to make all by-laws necessary and proper for [Illegible Text] their powers into effect, not repugnant to the Constitution

Page 72

or laws of this State or the United States; and the said Trustees 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. Approved, February 21, 1850. AN ACT to incorporate New Hope Baptist Church and New Hope Academy in the county of Lincoln, and appoint Trustees for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas Tilley, John H. Little, Wiley Muncrief, William Brown and Lewis Howell are hereby appointed Trustees of New Hope Baptist Church in the county of Lincoln, and are hereby declared a body corporate, with power to fill all vacancies occasioned by death 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. SECTION 2. And be it further enacted by the authority aforesaid, That Benjamin Samuel, John H. Little, Greenville Jones, John Reid and James Cartledge are hereby appointed Trustees of New Hope Academy in the county of Lincoln, and are hereby declared a body politic and corporate, with full power to make all necessary by-laws for the regulation of said Academy, not contrary to the laws of this State, and shall have full power to fill all vacancies occasioned by death, resignation or otherwise. SECTION 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. Approved, February 1, 1850. AN ACT to incorporate the Second Baptist Church of Savannah, county of Chatham, and appoint [Illegible Text] and Trustees. WHEREAS, the Deacons of the Second Baptist Church in the City of Savannah, having been incorporated by the Justices of the Inferior Court of Chatham county, and whereas,

Page 73

there exist doubts on the minds of some persons as to the legality of the same. SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Abram Harmon, Thomas Dowell, George W. Davis, and their successors in office, be and they are hereby declared to be a body corporate, by the name and style of Deacons and Trustees of the Second Baptist Church of Savannah in the county of Chatham, with power to hold any property, either real or personal, which may now belong to, or be hereafter acquired by said Church, whether by purchase, gift or bequest, for the use and benefit of the said Church; and they and their successors in office are hereby declared capable of suing or being sued, and of making all by-laws that may be necessary for the government of said corporation, not inconsistent with this act, or the Constitution and laws of this State; and of using all legal means for defending or recovering any property whatever, which they, the said Deacons and Trustees or their successors may hold, claim or demand, now or hereafter. SECTION 2. And be it further enacted, That the above named Deacons and Trustees shall continue in office until the Saturday preceding the second Sabbath in November, eighteen hundred and fifty-one (1851), when the male members of said Church shall, at their usual place of worship, proceed to the election of three or more Deacons and Trustees selected from the members of their body for two years thence ensuing; and on the Saturday preceding the second Sabbath in November every two years thereafter, an election shall be held in like manner, any member of the Board being re-eligible; and in the event there be a failure to hold [Illegible Text] election at the time above directed, an election may be [Illegible Text] on any other day thereafter, the members of the last Board in all cases to continue in office until their successors shall have been elected. SECTION 3. And be it further enacted, That any vacancies which may occur in the Board of Deacons and Trustees, by death, removal, resignation or otherwise, may be filled by the vote of the majority of the male members of said Church at any meeting called for that purpose. SECTION 4. And be it further enacted, That all acts done and and performed by said Deacons of the Second Baptist Church in the city of Savannah, under and by virtue of the act of incorporation aforesaid, be and the same are hereby legalized and confirmed; Provided, the same be not [Illegible Text] to the laws of this State. Approved, December 19, 1849.

Page 74

AN ACT to incorporate the Trustees of the Permanent Fund for the support of a Reader or Minister to the Hebrew Congregation at Savannah: WHEREAS certain ladies of the Hebrew Congregation at Savannah having by their exertions raised a sum of money which they presented to said Congregation as a Permanent Fund, the interest of which to be appropriated to the support of a suitable Reader or Minister, as soon as a sufficient amount can be raised to enable the Congregation to employ one, and in the mean time the interest to be reinvested and added to said sum: and whereas the said Congregation, by one of its rules or by-laws having vested said Permanent Fund in three Trustees to be elected by the Congregation, and Jacob De la Motta, Octavus Cohen, and Levy Hail having been elected said Trustees: Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the said Jacob De la Motta, Octavus Cohen, and Levy Hail, Trustees as aforesaid, and their successors as provided for in the existing rules and by-laws of said Congregation, be and they are hereby created a body corporate by the name and style of the Trustees of the Permanent Fund of the Hebrew Congregation at Savannah, and are hereby clothed with every power necessary to carry into effect the objects and intentions of the said donors, and the spirit and letter of the rules and by-laws aforesaid. SECTION 2. And be it further enacted by the authority aforesaid, That the said Permanent Fund shall be vested forever in said Trustees and their successors, and that they shall have perpetual succession, for the purpose of preserving said Permanent Fund for the use, objects and intents aforesaid. Approved, December 19, 1849. AN ACT to incorporate New Hope Baptist Church in the Sixth District of Randolph 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 Baptist Church in the Sixth District of the county of Randolph shall be known by the name of New Hope Baptist Church, and that Andrew Paulhill Mitchell, Samuel Day, Nely Rigsby, Gabriel Smith, and Richard Thornton, and their successors in office, be and they are hereby declared a

Page 75

body politic and corporate, under the name and style of New Hope Baptist 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 they may become possessed of by gift, purchase, or otherwise; and shall have power to make all by-laws necessary and proper to carry their powers into effect, not repugnant to the Constitution and laws of this State or the United States; and the said Trustees 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 may appoint, as their by-laws may direct. Approved February 23, 1850. AN ACT to incorporate the Presbyterian Church at Griffin in the county of Pike, and to appoint Trustees for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, Jason Burr, Garland W. Prince, Allan Fleming, Addison A. Wooten, Joseph Richardson, Wareham W. Woodruff and William Fleming, and their successors in office, be and they are hereby declared a body corporate, under the name and style of the Trustees of the Presbyterian Church of Griffin, 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 belong to said Church, and shall have power to make all by-laws necessary to carry into effect the powers granted by this act; Provided, the same shall not be contrary to the Constitution and laws of this State. SECTION 2. And be it further enacted by the authority aforesaid, That said Trustees shall have power to fill any vacancy in the board of Trustees that may occur from death, resignation or otherwise, to use a common seal, to appoint such officers as to them may seem proper, and to remove them at pleasure. Approved, February 1, 1850. AN ACT to incorporate Mount Zion Church in the county of Irwin, and appoint Trustees for the same; also, to revive

Page 76

and make of force the act incorporating the Trustees of the Presbyterian Church in the town of 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 James L. Willcox, Miles Fitzgerald, Richard J. Young, James Mixon, Owen D. Mulkey, and their successors in office, are hereby appointed Trustees for Mount Zion Church in Irwin county. SECTION 2. And be it further enacted, That the Trustees aforesaid, and their successors in office, be and they are hereby vested with the power of using a common seal, of sumg and being sued, impleading and being impleaded, in the several Courts of law and equity in this State; of making all necessary by-laws for their government, not repugnant to the laws of this State; to fill all vacancies that may occur in their Board by death, removal or otherwise; holding titles to and conveying real and personal estate; and of doing all other things, and enjoying all other immunities, and be subject to all liabilities, incident to like corporations. SECTION 3. And be it further enacted, That the act to incorporate the Trustees of the Presbyterian Church in the town of Milledgeville, passed on the nineteenth day of December, 1828, be and the same is hereby revived and made of full force, and that Ebenezer M. Cowles, Daniel R. Tucker, Miller Grieve, Alfred M. Nisbet, Richard M. Orme, Olney Eldridge, and George D. Case, be and they are hereby appointed Trustees, in the place of those named in the said act, with all the power and privileges thereby conferred. SECTION 4. And be it further enacted, That all laws and parts of laws militating against this act, are hereby repealed. Approved, January 26, 1850. AN ACT to incorporate the First Baptist Church in the city of Atlanta, 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 G. Daniell, Ira O. McDaniel, Frederick Kicklighter, Alfred W. Woodin, and James S. Baker, be and they are hereby constituted a body corporate and politic by the name of the Trustees of the First Baptist Church in the city of Atlanta and county of DeKalb, and that they shall have a perpetual succession, and a common seal; and they and their successors, by the name aforesaid, shall be able and capable in

Page 77

law to possess, purchase, receive and retain to them and their successors forever, any lands, tenements, rents, goods or chattels of any kind whatsoever, which may have been given already or shall hereafter be given or purchased by them for the use of said Church, provided the amount shall not at any time exceed twenty thousand dollars, and the same to dispose of in whatever manner they shall adjudge most beneficial for the use thereof, and by the said name shall be able and capable to sue and be sued, implead and be impleaded, answer and be answered, in any Courts of law and equity. SECTION 2. And be it further enacted, That all vacancies occurring by the death, resignation or removal of any of the Trustees, shall be filled by said Church at a regular meeting. SECTION 3. And be it further enacted, That any three of the said Trustees shall constitute a quorum, and be fully authorized to exercise all the power granted by this actany law, custom or usage to the contrary notwithstanding. Approved, January 26, 1850. AN ACT to incorporate Cedar Creek Church in Emanuel 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 Jordan F. Outlaw, John Braddy, Allen Davis, Daniel Heath, and Archibald Wilson, shall be, and they are hereby declared to be a body corporate by the name and style of the Trustees of Cedar Creek Church, and that they and their successors in office shall be invested with all manner of property which now belongs or which they may hereafter acquire or be possessed of by gift, grant, or purchase, 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 said Cedar Creek Church; and that the said Trustees, and their successors in office, are hereby declared to be capable of suing and being sued, and of using all necessary steps for recovering and defending any property whatever which the said Trustees may hold or claim for the use of said Church. SECTION 2. And be it further enacted by the authority aforesaid, That the said Trustees, or a majority of them, shall have power to make all by-laws necessary for the government of the temporal affairs of said Church, not repugnant to the Constitution of this State. SECTION 3. And be it further enacted, That the said Trustees,

Page 78

or a majority of them, shall have full power and authority to fill all vacancies which may occur in their Board, by death, resignation, or otherwise, in such manner as they may point out in the by-laws of said Trusteesany law or custom to the contrary notwithstanding. Approved, February 14, 1850. AN ACT to incorporate Sisters Church of the county of Washington, and to appoint Trustees for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That William D. Jordan, Green Whiddon, David Bailey, John Sheppard and Haywood Brookins 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 Sisters Church, and as such may have a common seal, sue and be sued, plead and be impleaded, receive and hold property conveyed to them, or transfer and sell the same at their own discretion. SECTION 2. And be it further enacted, That said Trustees and successors shall have power to fill all vacancies which may occur in their body, make rules and regulations, pass all by-laws necessary for their government; Provided, they be not inconsistent with the Constitution and laws of this State; and have and enjoy such other privileges as are usual to corporations. SECTION 3. And be it further enacted, That the corporate limits of said incorporation shall extend two hundred yards in every direction from said Church. Approved, February 22, 1850. AN ACT to incorporate Concord Church in the county of Tattnall. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Baptist Church in the 41st District G. M. of Tattnall county, heretofore known as Anderson's Meeting House, shall hereafter be known by the name of Concord Church, and that Peter Anderson, [Illegible Text] K. Courter, Edward Kennedy, John Rogers, and Godfrey Williams, and their successors in office, be, and they are hereby appointed a body politic and corporate, under the name and style of Concord Church,

Page 79

and as such shall be capable in law to sue and be [Illegible Text] to receive by gift or otherwise, and to hold, use and dispose of any property they may become possessed of by gift, [Illegible Text] or otherwise; and shall have power to make all by laws necessary and proper for carrying their powers into effect, not [Illegible Text] to the laws of this State or of the United States, or of the Constitution of either; and the said Trustees 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. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act are hereby repealed. Approved, February 5, 1850. AN ACT to amend an act to incorporate the Georgia Conference of the Methodist Episcopal Church, and to vest therein the title to certain property, with authority to dispose of the same, assented to December 11, 1841, by adding the word South. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That William Arnold, Lovick Pierce, William J. Parks, George F. Pierce, Samuel Anthony, James E. Evans, Alexander Spier, and all and other members of the Georgia Conference of the Methodist Episcopal Church South, as recognized by the discipline of said Church, and their successors, be and they are hereby incorporated and made a body politic by the name and style of the Georgia Conference of the Methodist Episcopal Church South, by which name they are authorized and empowered to sue and be [Illegible Text] and to receive, hold and dispose of, for the purposes of said corporation, any property granted, conveyed or devised to them. SECTION 2. And be it further enacted, That the members of said corporation be and they are hereby authorized to appoint all [Illegible Text] officers, and to make all rules and regulations necessary for the well ordering of their affairs, not repugnant to the Constitution and laws of this State, or of the United States. SECTION 3. And be it further enacted, That all laws or parts of laws militating against this act [Illegible Text] and the same are hereby repealed. Approved, February 21, 1850.

Page 80

AN ACT to incorporate the Trustees for Wesley Chapel, Andrew Chapel, and Trinity Church, of the Methodist Episcopal Church South, in the city of Savannah. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Francis M. Stone, Benjamin Snider, Seaborn Goodall, Asa Holt, Mordecai Sheftall, jr., Emanuel Sheftall, Robert D. Walker, Robert A. Allen, and John Caruthers, and their successors in office, be and they are hereby constituted a body politic and corporate, by the name and style of The Trustees of Wesley Chapel for the Methodist Episcopal Church South, in Savannah. SECTION 2. And be it further enacted by the authority aforesaid, That the above named persons, and their successors in office, be and they are hereby constituted a body politic and corporate by the name and style of The Trustees of Trinity Church for the Methodist Episcopal Church South, in Savannah. SECTION 3. And be it further enacted, That F. M. Stone, J. R. [Illegible Text] [Illegible Text] Heidt, R.A. Allen, Robert D. Walker, W. J. Way, J. E. Godfrey, Daniel Nelson, and Green [Illegible Text] be and they are hereby constituted a body politic and corporate by the name and style of The Trustees of Andrew Chapel for the Methodist Episcopal Church South, in Savannah. SECTION 4. And be it further enacted, That each of said corporations shall have a common seal, and shall be capable of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, and of making such by-laws and regulations for their respective corporations as may be deemed advisable or necessary, not contrary to the Constitution or laws of this State, or the rules and discipline of the aforesaid M. E. Church South; and also that each of said corporations shall have the power to purchase or acquire real or personal estate in any manner, and the same to sell again at pleasure. SECTION 5. And be it further enacted, That all property, real or personal, which may now be held by the said Trustees, or any other persons, for the use of said respective churches, be and the same is hereby vested in the respective corporations before mentioned, to whom the same may equally belong, without further conveyance. SECTION 6. And be it further enacted, That all vacancies in said Boards of Trustees shall be declared and filled according to the discipline and rules of the Methodist Episcopal Church South. SECTION 7. And be it further enacted, That all laws or parts of laws militating against this act, be, and the same are hereby repealed. Approved, December 20, 1849.

Page 81

AN ACT to amend an act to incorporate the Relief Society of the Georgia Annual Conference of the Methodist Episcopal Church, assented to December 22d, 1838, by adding the word South, and to confer certain powers upon the first Presbyterian Church in Augusta. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That Samuel J. Bryan, Caleb W. Key, Samuel K. Hodges, Lovic Pierce, Elijah Sinclair, Samuel Anthony, Lewis Wyres, William J. Parks, William Arnold, George F. Pierce, be, and they are hereby appointed, with their successors in office, Trustees for the Relief Society of the Georgia Annual Conference of the Methodist Episcopal Church South. SECTION 2. And be it further enacted by the authority aforesaid, That the aforesaid Trustees, with their successors in office, or a majority of them, shall have power and authority to make such by-laws and regulations as may be necessary for the government of said Society; Provided, such laws and regulations be not repugnant to the laws and Constitution of this State. SECTION 3. And be it further enacted, That the said Trustees and their successors in office, under the name and style of the Relief Society of the Georgia Annual Conference of the Methodist Episcopal Church South, as aforesaid, may use a common seal, and are hereby declared to be capable of suing and being sued, pleading and being impleaded, contracting and being contracted with, and of using all means necessary and lawful for securing and defending any money, property, debts or demands which do now, or may hereafter belong to said Society. SECTION 4. And be it further enacted, That the Trustees of the First Presbyterian Church in Augusta, shall be and they are hereby authorized to hold any lot of land that may have been heretofore or may hereafter be conveyed to them or said corporation, and which may be used as a parsonage, and shall be authorized to receive and hold in the name of said corporation, any lot of land in the city of Augusta conveyed, to be used as a site for a missionary church, under the care of said First Presbyterian Church. SECTION 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. Approved, February 21, 1850. AN ACT to amend an act entitled an act to incorporate the town of Cumming in the county of Forsyth, approved

Page 82

the 27th day of December, 1845, so far as to repeal the fourth section thereof, and all other parts of said act authorizing the assessment of a general tax on the citizens of said town. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That the fourth section of an act entitled an act to incorporate the town of Cumming in the county of Forsyth, approved the 27th day of December, 1845, be and the same is hereby repealed, as well as all other parts of said act authorizing the assessment of a general tax on the citizens of said town. SECTION 2. Be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February, 22, 1850. AN ACT to alter and amend the several acts incorporating the city of Griffin. SECTION 1. Be it enacted by the Senate and 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 municipal government of the city of Griffin shall consist of a Mayor and eight Aldermen, who are hereby constituted a body corporate under the name and style of Mayor and Council of the city of Griffin, and the charter of said city shall be and it is hereby declared to be the same as the present charter of the city of Augusta; and the said Mayor and Council of the city of Griffin shall be elected as is provided in said charter for the election of Mayor and Aldermen of the city of Augusta, and shall be entitled to all the corporate privileges enjoyed by the corporate authorities of the city of Augusta. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to alter and amend the 10th section of an act to alter and amend the several acts incorporating the city of Macon, approved December 27th, 1847, so far as relates to the election of Marshal for said city. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met

Page 83

and it is hereby enacted by the authority of the same, That a City Marshal and deputies for the city of Macon shall be elected at the same time and in the same manner that a Mayor and Aldermen are elected, who shall hold his office for twelve months. SECTION 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. Approved, February 22, 1850. AN ACT amendatory of and in addition to the various acts heretofore passed, in reference to the city of Savannah. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same. That the Police Court of the city of Savannah be, and the same is hereby established and declared a Court of Record; that the Mayor or acting Mayor of said city be, and he is hereby authorized to preside in said Court, and to hold sessions thereof as often as to him may appear to be necessary; that said Court shall have cognizance in the first instance of all offences against the laws of the State touching said city, including as well this law and the laws and ordinances hereafter to be enacted and ordained, as those which are now of force, with power to inflict the punishments by fine and imprisonment, prescribed by the existing laws and ordinances, or which may be fixed by laws and ordinances hereafter to be enacted or ordained, and to enforce the same by execution or mittimus, directed to the Marshall of said city, or any lawful constable thereof, and to the jailor of Chatham county, when necessary; and that said Court shall have power to commit to the common jail of Chatham county any and all person and persons who shall disturb said Court during its sittings, or who shall in any other manner be in contempt of its lawful authority: Provided, nevertheless that an appeal may be taken from any judgment or decision of said Court (except a commitment for contempt) to the Mayor and Aldermen of the city of Savannah and the hamlets thereof, in common council assembled, all costs being first paid and bond given, to abide the decision of the said common council. SECTION 2. And be it further enacted by the authority aforesaid, That the clerk of the council of the city of Savannah, the marshal of said city, and the constables of said city, be and they are hereby constituted officers of the Police Court of said city, and that they be, and they are hereby authorized to demand and receive for services rendered or duties performed in

Page 84

said Court, such fees and costs for themselves, to be collected out of the defendants, as may be established by any present or future ordinance of said city. SECTION 3. And be it further enacted, That the Mayor and Aldermen of the city of Savannah and the hamlets thereof, be, and they are hereby vested with full power and authority from time to time, to make, ordain and establish such by-laws, rules, regulations and ordinances as shall appear to them requisite and necessary for the security, welfare and convenience of the said city, or for preserving health, peace and good government within the present or future limits of the same; and that the said the Mayor and Aldermen be, and they are hereby also vested with full power and authority to make such assessments and levy such taxes on the inhabitants of said city, or those who hold taxable property within the same, for the safety, benefit, convenience and advantage of the said city, as shall appear to them expedient, and to enforce the payment of any and all such assessments and taxes by the proper officers of said corporation, in the same manner as the payment of the assessments or taxes of the State is enforced. SECTION 4. And be it further enacted, That all and singular the ordinances of said corporation heretofore passed and now in operation for the laying and collecting of any tax or assessment, be, and they are hereby adopted and confirmed, and declared of full force. SECTION 5. And be it further enacted, That the Mayor and Aldermen shall have power and authority to widen, extend and straighten any street or lane in the city of Savannah, and shall also have power and authority to open, lay out and establish any new street or lane within the present or future jurisdictional limits of the said city. SECTION 6. And be it further enacted, That whenever the said Mayor and Aldermen shall exercise the power delegated in the fifth section of this act, they shall appoint five freeholders, who shall assess the damages sustained, or the advantages derived by the owner or owners of the lots fronting on said streets or lanes so widened, extended, straightened, opened, laid out or established, with power and authority to said Mayor and Aldermen to levy, collect and enforce the same. SECTION 7. And be it further enacted, That said Mayor and Aldermen shall have power to order such pavements or sidewalks as they may deem proper and upon the failure of any person to comply with the same within the time prescribed, the said Mayor and Aldermen may have the same done, and levy and collect the expenses thereof by execution against the lands and goods and chattels of the owner of the lot, whether holding the same under leasehold title from the city or by title otherwise derived.

Page 85

SECTION 8. And be it further enacted, That the Mayor and the Aldermen of said city during their continuance in office, be, and they are hereby exempted from the performance of any and all jury duty. SECTION 9. And be it further enacted, That as often as any doubts shall arise in the construction of this act, or any act heretofore passed touching the city of Savannah, the same shall in all Courts of law and equity and elsewhere, be construed and taken most favorably for said corporation. SECTION 10. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, December 8, 1849. AN ACT to amend the several acts in relation to the city of Augusta, and to amend the act passed on the 27th day of December, 1845, to incorporate the Augusta Canal Company. Be it enacted by the Senate and 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 Managers of the Augusta Canal Company, or a majority of them, for the time being, upon being authorized by a vote of the stockholders in said Company, shall be authorized to sell, transfer, and convey to the City Council of Augusta, the canal, its [Illegible Text], and all other property and effects belonging to said company, upon such terms and stipulations as may be agreed on. And be it further enacted, That upon such purchase and conveyance, the City Council of Augusta shall be vested with all the power, authority and privileges conferred on said company by the act incorporating it, and shall be subject to all the liabilities therein prescribed. And be it further enacted, That in case of such purchase and conveyance, the corporate power and authority of the City Council of Augusta shall be extended over, upon, and for one hundred feet on each side of the said canal, through its whole extent, and to Stalling's island above Bull sluice in Savannah river, so far as to allow the said City Council to pass all ordinances and perform all acts, necessary to the use of said canal, and the protection of it and its appurtenances from injury. And be it further enacted, That if the City Council of Augusta shall at any time hereafter deem it advisable to sell and transfer the said canal and its appurtenances to any individual or individuals, they shall be authorized to do so by ordinance passed by them for that purpose; and thereupon

Page 86

the purchaser or purchasers from them shall be vested with all the powers and privileges and subject to all the liabilities specified in the act incorporating the Augusta Canal Company. And be it further enacted, That the Jailor of the city of Augusta shall hereafter pay over to the City Council of Augusta all fees received and collected by him in his said office of Jailor, at such times as they may require by ordinances, and that his sureties shall be liable for the payment of the same. Approved, December 19, 1849. AN ACT to amend an act incorporating the city of [Illegible Text] in Murray county, approved 29th December, 1847. SECTION 1. Be it enacted by the Senate and House of 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 corporate limits of said city of Dalton shall extend one mile from the Railroad depot in said city, and the municipal authorities shall be the Mayor and six members of Council, with such other officers as shall hereafter be described. SECTION 2. That on the first Saturday in April, eighteen hundred and fifty, and on the first Saturday in April in each and every year thereafter, the inhabitants of the city of Dalton, who are entitled to vote for members of the General Assembly of this State, who have resided for six months immediately preceding the election within the incorporate limits of said city, unless absent therefrom on lawful business, and who have paid all lawful county and State taxes imposed, as well as all city taxes hereafter legally and lawfully imposed, and which they have had an opportunity of paying, shall elect by ballot a Mayor and six members of Council, of individuals likewise inhabitants, who, upon accepting the office, shall take and subscribe to the following oath, before some lawful officer authorized to administer an oath: I, A. B., do solemnly swear, on affirm, that I will well and truly perform the [Illegible Text] of Mayor and member of Council, for the city of Dalton, by the adoption and enforcement of such [Illegible Text] as to me appear conducive to the general welfare and permanent good of the city of Dalton. They shall convene the first Tuesday after their election, and the said members of Council and Mayor shall serve twelve months from their election, and until their successors are elected and qualified, unless vacated by removal or death. SECTION 3. And be it further enacted, That Edward H. Edwards, L. W. Earnest and William J. Underwood, be

Page 87

and they are hereby appointed superintendents of the election for the said Mayor and members of Council on the first Monday in April next, of, in the absence of one of those individuals, the remaining two shall have power to appoint some other individual, also a citizen of Dalton, and who has resided within the incorporate limits six months preceding the day of election; and it shall be the duty of said superintendents to select some suitable place in said city, and to appoint clerks, and to conduct said election in the same manner and form as for members of the General Assembly. SECTION 4. And be it further enacted, That the Mayor and members of Council shall appoint annually three individuals, one of which shall be a freeholder, to hold their appointments for one year, and whose duty it shall be to superintend all elections in and for the city of Dalton, and at such place as they may select; and in the event of a failure to hold such elections on the days hereinbefore specified from accident or otherwise, the said superintendents may at any time thereafter, by giving twenty days' notice previous to holding the same, under the restrictions before specified, order an election. SECTION 5. And be it further enacted, That there shall be a Secretary and Treasurer, which offices shall be held by one individual, also one principal Marshal, who shall be elected by the legal voters within the incorporate limits of Dalton, at the same time and in the same manner and form as the Mayor and Council of said city of Dalton. SECTION 6. And be it further enacted, That the said Mayor and Council, or a majority of them, are empowered to assess and levy a poll tax upon all taxable [Illegible Text] of said city, or by tax on real and personal property within the corporate jurisdiction, such sum or sums of money as may be deemed requisite for the maintenance of said city in all matters of internal police, and for all other [Illegible Text] usual to cities, to be collected in the ordinary mode of enforcing State taxation: Provided, Said assessment shall not exceed the State and county tax, and that all sales under tax fi. fas. shall be good and valid. SECTION 7. And be it further enacted, That it shall be the duty of the Secretary to receive the names of all persons liable to pay tax in said city of Dalton, either as poll or on real and personal property, and keep a register of the same; and that all persons giving in their taxable property shall be sworn by the said Secretary, who is hereby empowered to administer the oath in the same form as tax collectors do in receiving the State and county taxes; and the said Secretary and Treasurer shall receive as a compensation annually the sum of one hundred and fifty dollars. SECTION 8. And be it further enacted, That the principal Murshal and assistant, should it be deemed by the said Mayor

Page 88

and Council necessary that there should be any assistant Marshal, shall be allowed such compensation as the said Mayor and Council may think reasonable and just. SECTION 9. And be it further enacted, That the Mayor of the city of Dalton shall receive such salary and emoluments as shall be ordained by the City Council. SECTION 10. And be it further enacted, That the Mayor and Council are vested with authority to acquire by purchase or other legal manner any real estate for the proper use and benefit of said city, and to dispose of the same; and the said Mayor and Council shall have a house [Illegible Text] for the market and sale of beef, pork, chickens, turkeys, ducks, and all produce of the country, save corn, fodder, oats, rye; and it shall be the duty of all persons bringing such articles of meats, c., to market, to bring and exhibit the same at the said market-house, and shall not offer for sale such article or articles until the hour of nine o'clock in the fall and winter months, and not until the hour of eight o'clock in the spring and summer months, under the penalty of such fines as the Mayor and Council may think proper to impose on such vender of produce. SECTION 11. And be it further enacted, That in all cases where the Mayor and Council shall assess and impose a tax or fine on any persons violating such by-laws and ordinances as may be adopted for the support and government of the city of Dalton, they shall direct the Marshal to collect the same; and should such person or persons refuse to pay such taxes or fines, it shall be the duty of the Secretary to issue fi. fas. against such defaulters, and to be directed to the Marshal, to collect by levy and sale of the defendant's goods and chattels, lands and tenements, c., and to be advertised and sold in the manner and form of constables' [Illegible Text] for all sums under thirty dollars, and in the same manner and form as sheriff sales for all sums over thirty dollars, and that the Secretary shall have thirty-one and a quarter cents for all capiases so issued, from the defendants, and the Marshal the same. SECTION 12. And be it further enacted, That the Mayor and Council of Dalton are authorized to grant license to vendue masters for said city, in such numbers as they may deem advisable, and to require of them the tax imposed by law; and that no person shall be allowed to sell any property at public [Illegible Text] within the incorporate city of Dalton any goods or property of any description other than his own, except such auctioneers, under a penalty of five dollars. SECTION 13. And be it further enacted, That the said Mayor and Council of Dalton shall impose and collect fines [Illegible Text] all violation or infractions of the by-laws and police regulations which they may adopt for the peace, good order and dignity of said city, as well as the raising revenue: Provided,

Page 89

said Mayor and Council shall not inflict any fine or fines on persons for offences which subject and render them liable to be indicted to the Superior Court of said county, but that the Mayor and each member of Council, during his term of office, are clothed with the authority [Illegible Text] acting justices of the peace, so far as to authorize him or any one of them, within the corporate limits of said city, to bind over all persons charged with the violation of the laws of the State, to answer for such imputed offence to the Court having cognizance thereof, and to act as conservators of the peace. SECTION 14. And be it further enacted, That the Mayor and Council shall have power to pass laws and ordinances for the control of slaves and free persons of color within the corporate limits of said city; also, to pass such ordinances as they may deem advisable for all hogs, dogs, horses, mules, and other stock straying at large within said corporate limits. SECTION 15. And be it further enacted, That it shall be the duty of the Mayor and Council to direct the Marshal, on the first day of April next, and on the first day of April in each and every year thereafter, to examine all the weights and measures of all persons doing business within the corporate limits of Dalton as traders, and to have all such as are pronounced by the Marshal to measure and weigh the amount set forth by such trader stamped, and all who shall be found selling under false weights, or measuring with false measures, shall be fined by the said Mayor and Council five dollars, and shall not be allowed to vend any other goods or merchandize by weight or measure until they, the Mayor and Council, are satisfied of such vender's having standard weights. It shall be the duty of the Mayor and Council to procure standard weights and measures for the Marshal's guide. SECTION 16. And be it further enacted, That the Mayor and Council may assess and collect a fine of five dollars on tenpin or ball alleys within the limits of said city, also the sum of ten dollars on all billiard tables within the limits of said cityon all double drays a tax of five dollars; single drays, two dollars; and that no person shall be allowed to haul any goods or merchandize to or from the depot without procuring license from the Mayor and Council, other than for himself, within the incorporate limits, under such fine and penalty as may be assessed by the Mayor and Council: Provided, Nothing shall be so construed in this section as to prevent wagoners from taking loading for merchants residing out of the corporate limits. SECTION 17. And be it further enacted, That the Mayor and Council are hereby authorized to cause the persons within the corporate limits of said city, who are liable to perform road duty under the laws of this State to work upon the public roads, to work on the public streets at such time as

Page 90

may be prescribed, for the improvement, repair and preservation thereof, the labor to be performed not to exceed fifteen days; and that any person residing and working on said streets or roads within the corporate limits of said city shall be liable to work on the roads without the limits of said city. SECTION 18. And be it further enacted, That any and all persons residing within the corporate limits of said city, subject to perform road duty, who may have a desire to pay a special and separate tax for road and street repairs, other than working on the same, the Mayor and Council are hereby authorized and empowered to levy and receive from all such persons the sum of three dollars, to be collected and applied as before specified. SECTION 19. And be it further enacted, That in case of a vacancy, occasioned either by death or removal, either with the Mayor or any member of the Council, [it shall be the duty of a majority of the Council] to advertise an election to fill such vacancy, and shall give ten days' notice of the same. SECTION 20. And be it further enacted by the authority aforesaid, That all laws and ordinances herein contemplated and authorized are in no instance to militate against the laws of this State or of the Constitution of the United States; and that all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to alter and amend an act entitled an act to alter and amend the several acts incorporating the city of Macon, approved December the 27th, 1847, and to abolish the office and duty of Assessors. SECTION 1. Be it enacted by the Senate and House of 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 entitled an act to alter and amend the several acts incorporating the city of Macon, approved December the 27th, 1847, as authorizes and empowers the Mayor and Council of the city of Macon to appoint assessors to value the real estate of said city for taxation, be and the same is hereby repealed. SECTION 2. And be it further enacted by the authority aforesaid, That hereafter it shall be the duty of all taxpayers and owners of real estate in the city of Macon, and they are hereby required to make their returns under oath of the value of their property in said city held either in their own right or in the right of others: Provided, always, however,

Page 91

That the Mayor and any two members of the Council, selected for that purpose, together with the Clerk of the Council, shall have power to supervise all returns made by taxpayers, and if in their opinion any of such returns are incorrect in fixing the value of the property in the same, then to correct any of such returns thus incorrectly made, by fixing or assessing such higher value as in their opinion may be proper and right. SECTION 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. Approved, February 21, 1850. AN ACT to extend the corporate limits of the town of Fayetteville. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text] and it is hereby enacted by the authority of the same, That from and after the passage of this act, the corporate limits of the town of Fayetteville in this State be and the same are so far extended as to include the present residence of Asbury H. Tilghman. SECTION 2. And be it further enacted, That all the powers conferred by the original act of incorporation, together with the acts amendatory thereof, be and the same are hereby conferred upon the extension of said corporation made by this act. Approved, February 21, 1850. AN ACT to repeal all laws and parts of laws incorporating the town of Clarksville in Habersham 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 all laws and parts of laws incorporating the town of Clarksville in Habersham county, or extending the corporate limits of the same, be and the same are hereby repealed. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, January 18, 1850.

Page 92

AN ACT to incorporate the town of Tunnel Hill in the county of Murray. SECTION 1 Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the town of Tunnell Hill, in the county of Murray, shall be a body corporate with power to sue and be sued, hold real and personal estate, and convey the same, under rules and regulations to be fixed by the commissioners hereafter appointed in framing their by-laws. SECTION 2. And be it further enacted, That Smith Treadwell, George R. Harris, and William N. Bishop, be and the same are hereby appointed Commissioners to carry into effect the foregoing section, and also establish suitable rules and regulations for the government of said town, provided said rules and regulations do not conflict with the laws of the State of Georgia. SECTION 3. And be it further enacted, That said commissioners shall have power to prescribe the limits of said corporation, and extend the same to such points as in their judgment may be necessary to secure the peace and good order of said town; and in case of vacancies in said Board, the citizens residing in the corporate limits may fill the same in general suffrage, giving ten days notice of the same. Approved, January 26, 1850. AN ACT to incorporate the town of Oglethorpe in the county of Macon. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the corporate limits of the town of Oglethorpe, in the county of Macon, shall extend over and embrace lot of land number five and fractional lot number six in the first District of [Illegible Text] Muscogee, now Macon county, and lot number one hundred and thirty-seven in the twenty-eighth District of formerly Lee, now Macon county. SECTION 2. And be it further enacted by the authority aforesaid, That on the first Saturday in January eighteen hundred and fifty-one, and on the first Saturday in January in every year thereafter, all persons, citizens of said town, entitled to vote for members of the Legislature, shall elect by ballot five commissioners, who shall continue in office one year, and until successors are elected, at which election two Justices of the Inferior Court, or two Justices of the Peace,

Page 93

or one Justice of the Inferior Court and one Justice of the Peace of said county, not being themselves candidates, shall preside; and if it shall so happen that such election shall not take place on the day herein appointed, one Justice of the Inferior Court, or one Justice of the Peace of said county may afterwards, by giving ten days' public notice, hold the same; and in case of the death, removal or resignation of any of said commissioners, the remaining commissioners shall immediately order an election to fill such vacancy, and shall give ten days' notice of the same. SECTION 3. And be it further enacted, That it shall not be lawful for any of said commissioners so elected to enter on the duties of his office, until he shall have taken and subscribed the following oath or affirmation before some officer authorized to administer oaths: I, A. B., do solemnly swear or affirm (as the case may be) that I will well and truly discharge the duties of a commissioner of the town of Oglethorpe, and adopt such measures as may in my judgment be best calculated to promote the general good of the citizens of said town. SECTION 4. And be it further enacted, That said commissioners, or a majority of them, shall, at their first meeting after their election, elect from their own body a President, and shall be known as the President and Commissioners of the Town of Oglethorpe, and by such their corporate name shall sue and be sued, and shall have a common seal, and shall have full power and authority to pass all by-laws and ordinances, and to enforce the same, that they may deem best calculated to promote the general good of the citizens of said town: Provided, That no by-law or ordinance shall be contrary to the Constitution or laws of this State or of the United States. SECTION 5. And be it further enacted, That said commissioners shall, at their first meeting after their election, proceed to elect a Clerk and Marshal, and such other officers as they may deem necessary to carry this act into execution, and such officers shall give bond and security for the faithful discharge of the duties of their offices in such sum as said commissioners, or a majority of them, may direct. SECTION 6. And be it further enacted, That said commissioners shall have power to levy a capitation tax of three dollars on each person subject to road duty, which shall be in lieu of such duty; and no tax levied by said commissioners, on real and personal property in said town, shall exceed fifty per cent. over the State tax; and the lots owned by the Southwestern Railroad Company in said town, and used as a depot, and for the erection of work-shops, shall be exempt from taxation. SECTION 7. And be it further enacted, That the plat of said town shall be recorded in the office of the Clerk of the Superior Court of the county of Macon, within three

Page 94

months from the time of the sale of the lots in said town, a copy of which certified by the Clerk of said Court shall in all cases be received in evidence in the Courts of this State in the same manner as the original plat would be. Approved, December 14, 1849. AN ACT to incorporate the village of Springfield in the county of Effingham, and to appoint Commissioners for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, George R. Wright, William W. Wilson, Henry S. Hawley, James Rahn, and Christian E. Troutland, and their successors in office, be and they are hereby appointed commissioners for said village of Springfield, with full power to make such by-laws, rules and regulations as may be necessary for the improvement and internal police of said town: Provided, Such by-laws, rules and regulations shall not be repugnant to the Constitution and laws of this State. SECTION 2. And be it further enacted, That the commissioners above mentioned shall cotiue in office until the first Monday in April eighteen hundred and fifty, at which time, and on the first Monday in April in every year thereafter, the inhabitants of said village, who are entitled to vote for members of the Legislature, shall convene in said village, and by ballot elect five commissioners, who shall continue in office one year, and be eligible to re-election. SECTION 3. And be it further enacted, That such election shall be held under such rules and regulations as are now prescribed by the laws of this State for the election of members of the General Assembly. SECTION 4. And be it further enacted, That should any vacancy occur in said Board of Commissioners, the remaining Commissioners shall have [Illegible Text] power to fill such vacancy in such manner as may be prescribed by their by-laws. Approved February 21, 1850. AN ACT to repeal an act entitled an act to extend the corporate limits of the town of Talbotton in Talbot county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

Page 95

and it is hereby enacted by the authority of the same, That the above recited act be and it is hereby repealed. Approved, January 26, 1850. AN ACT to authorize the citizens of the town of Marietta to elect their Marshal. SECTION 1. Be it enacted by the Senate and 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 April next, and on the first Monday in each year thereafter, the citizens of said town be authorized to elect their Marshal, and that all citizens entitled to vote for members of the State Legislature be entitled to vote for said Marshal. SECTION 2. And be it further enacted, That before entering upon his duties he shall give a bond with two or more good and sufficient securities in the [Illegible Text] of one thousand dollars for the faithful performance of his duties as Marshal. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 14, 1850. AN ACT to repeal the act incorporating the town of Springville in the county of Cobb, passed December 29th, 1838, and to fix the amount of auctioneer's bonds when appointed by the City Council 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 the act incorporating the town of Springville in the county of Cobb, passed December 29th, 1838, be and the same is hereby repealed. SECTION 2. And be it further enacted, That the amount of the bonds required by the City Council of Augusta, of auctioneers appointed by them, shall be five thousand dollars, for which good and sufficient securities shall be taken by them. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, February 5, 1850.

Page 96

AN ACT to amend an act entitled an act to incorporate the town of Albany in Baker county, and for other purposes therein named, assented to 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 so much of the second section of said act as directs the election of Mayor and Aldermen to be held at the Academy in said city, be altered so as to insert after the words shall assemble, the words, at any place within the corporate limits of said city. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT in addition to and amendatory of an act entitled an act to amend an act to incorporate the town of Marthasville in the county of DeKalb, passed on the twenty-third day of December, eighteen hundred and forty-three, and also to enlarge the boundary of said town, and to incorporate the same under the name of the city of Atlanta, and to change the name of the town of Rome, to that of the city of Rome, to provide for the election of Mayor and Councilmen, and other officers of said cities, and to confer upon them specific powers, and for other purposes therein mentioned, approved the 29th December, 1847. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that it shall be the duty of the Receiver of Tax Returns of the city of Atlanta, to furnish the Mayor and City Council of the city of Atlanta, with a list of the names of the persons liable to pay tax within the limits of the incorporation, together with all the taxable property within the limits of said incorporation, which has not been given in according to the laws of said city in each and every year. SECTION 2. Be it further enacted by the authority aforesaid, That the Mayor and City Council of said city shall have power and authority to appoint three persons who shall be freeholders and residents of said city, assessors, whose duty it shall be to assess the tax on all persons and property subject to taxation within said city, which has not been given to the Receiver, as the laws of said city require, and return the amount so assessed by them, together with the names of the

Page 97

owners of the property, within thirty days after they shall receive said list, and the said Tax Collector shall issue executions against said defaulters for double the amount so assessed and returned to him, which executions shall be collected in the same manner, and under the same rules and regulations that now govern the collection of the State tax, and the Tax Collector for the city of Atlanta, shall have the same fees for issuing, and the same commissions for collecting, that the Tax Collector for the county of DeKalb now has by law. SECTION 3. And be it further enacted by the authority aforesaid, That the Mayor and City Council of the city of Atlanta, shall have power and authority to fine, not exceeding twenty-five dollars, or imprison, not exceeding twenty-four hours, any person or persons who shall be guilty of hooting, hallooing, or making any other unnecessary or unusual noise within the limits of the incorporation, to the disturbance of the citizens thereof, and who does not desist when required so to do by the Marshal or any citizen of said city. SECTION 4. And be it further enacted by the authority aforesaid, That the Mayor and City Council of the city of Atlanta shall have power and authority to levy tax in each and every year, on all the real estate and stock in trade within the corporate limits of said city, liable to taxation by the laws of the State, of not more than one per cent on the value thereof, for the purpose of making within or beyond the limits of said incorporation, such improvements as may be necessary to promote the interest of said city, and for the purpose of enabling the said corporation to take, own and hold stock in any plank road or roads, or other improvements connected with said city, which tax shall be levied and collected in the same manner as is provided for collecting the tax in said city by the foregoing parts of this act, or in such manner as the Mayor and City Council may provide by the laws to be made by them for that purpose, provided such by-laws shall not be repugnant to the Constitution and laws of this State. Approved, February 23, 1850. AN ACT to extend and define the corporate limits of the town of Madison in Morgan county, and to prescribe the manner of levying taxes upon such property as may be embraced in said extension. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the corporate limits

Page 98

of the town of Madison in Morgan county, be and the same are hereby extended in every direction, one mile from the public square, so as to include within the limits of said corporation, all persons and property, (without an exception) residing or being, or who may hereafter reside within one mile from said public square; Provided always, that no field or woodland, situate within the said one mile, and not hereafter embraced within the corporate limits of said town, shall be subject to corporation tax until the same shall be built upon or laid off into town lots; And provided also, that nothing in this act contained shall be so construed as to subject any property included in said one mile, and not heretofore embraced within the corporate limits of said town, to a higher State, or county tax, than it would have been subject to, had this act never been passed. SECTION 2. Be it further enacted by the authority aforesaid, That the corporation tax to be imposed by the Commissioners of said town of Madison, upon such building improvements as have been made, or which may be hereafter made upon any ground embraced in said one mile, and not heretofore included in said corporation, shall not be assessed upon a larger sum than the value of said improvement, and four acres of land contiguous thereto. SECTION 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. Approved, December 19, 1849. AN ACT to amend an act to incorporate the town of Lumpkin in Stewart county, assented to December 26th, 1831. SECTION 1. Be it enacted by the Senate and House of 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 citizens of Lumpkin in the county of Stewart, shall be and they are hereby authorized to meet annually and choose by ballot from among themselves, five Commissioners, to be called a Board of Commissioners, who, when so chosen and elected, shall have full power and authority, and their successors in office, to pass all by-laws, rules and regulations which they, or a majority of them, may deem expedient and necessary for the good order and government of said town; Provided, the by-laws be not repugnant to the Constitution of the United States, and the Constitution and laws of this State. SECTION 2. And be it further enacted by the authority aforesaid, That on the first Saturday in February, in the year 1850, and on the first Saturday in February in every subsequent

Page 99

year thereafter, all free white citizens of said town of Lumpkin, who shall be entitled to vote for members of the General Assembly, shall assemble at the Court-house in said town, and by ballot elect five Commissioners, who shall continue in office one year, and shall be re-elegible, and said election shall be held by one Justice of the Peace, or Judge of the Inferior Court, together with a freeholder in said town; Provided, that in the event of there being no election of Commissioners of said town, in the manner and at the time herein pointed out, the Commissioners elected for the preceding year shall continue in office and remain the Commissioners of said town until their successors are elected; And provided also, That in the event there shall be no election held at the time and in the manner pointed out, the Commissioners of said town may and they are hereby empowered to order an election for Commissioners, to be held in the Court-house in said town at any time upon five days notice being given of said election upon the Court-house door. SECTION 3. And be it further enacted, That the jurisdiction of the Commissioners and corporate limits of said town shall extend over the lot or tract of land first purchased and laid off in the original survey of said town, and that the said Commissioners are hereby authorized to act as Commissioners of all roads and streets in said corporate limits. SECTION 4. And be it further enacted, That the said Commissioners are hereby authorized to cause the persons within the corporate limits of said town, who are liable to perform road duty under the laws of this State, to pay road tax, which shall not exceed three dollars. SECTION 5. And be it further enacted, That it shall not be lawful at any time for the persons within the corporate limits of said town, who are subject to road duty, to be compelled to perform road duty without the corporate limits of said town; neither shall it be lawful for any citizen or person who resides without the corporate limits of said corporation, to be required to perform road duty within the limits of said town. SECTION 6. And be it further enacted, That said Commissioners shall be liable to be fined in the same manner as the Commissioners of the roads are by law liable for any failure or neglect to keep the roads and streets within said corporate limits of said town in good order, and the fine imposed and collected for such neglect, shall become a part of the funds of said town and applied as the other funds. SECTION 7. And be it further enacted, That the said Commissioners are hereby invested with authority to appoint a person to act as Tax Receiver and Tax Collector, and any other officers they may deem necessary for said town, and to make a reasonable compensation for their services, to be

Page 100

paid out of the Treasury of said town, and said officers shall be appointed annually. SECTION 8. And be it further enacted, That the Commissioners aforesaid shall appoint from their number, a Treasurer, who shall hold his office during the term that he may remain Commissioner, and shall at the close of the year, make out and return all of his actings and doings as Treasurer aforesaid. SECTION 9. And be it further enacted, That all persons who are by this act made subject to the payment of tax, shall at some time between the first day of March and the first day of April in each year, make a true and just return under oath, of all taxable property held by them in said town, with the fair valuation of the same, and of all their liability to taxation, to the Receiver of Tax Returns and Collector, who shall proceed to collect the tax on the same after the fifteenth day of April, all of which shall be paid to him before the fifteenth day of May, and if any person who is required by this act to pay tax or shall neglect or refuse to pay the same, or to make the return to the said Receiver and Collector that they are required by this act to do, within the time specified in this act for doing the same, they shall be subject to the same penalties that they would by law be subject to for refusing or neglecting to make a return of their taxable property to the county Receiver of Tax Returns, or for refusing to pay their State tax; and the said town Receiver and Collector shall proceed against them after said time for making returns and paying taxes expires, in the same manner that is pointed out by law for county Receivers of Tax Returns and Collectors of taxes against defaulters. SECTION 10. And be it further enacted, That the said Receiver and Collector shall attend one day at some convenient place in said town, for the purpose of giving the citizens an opportunity of making their returns and paying their taxes, and he shall give five days' notice, both for receiving and collecting, by advertisement at three public places in said town, of the time and place of said attendance, and the said Receiver and Collector shall pay over all money received by him for taxes, c., on or before the first day of June, to the Town Treasurer, who shall receipt for the same. SECTION 11. And be it further enacted, That the east half of lot of land number one hundred and eleven, in the twenty-third (23d) district of originally Lee, now Stewart county, shall be included within the limits of said corporation, under the same rules and regulations as govern said original incorporation. SECTION 12. And be it further enacted, That all laws militating against this act be and the same are hereby repealed. Approved, January 16, 1850.

Page 101

AN ACT to revive and amend an act assented to November 25th, 1825, entitled an act to make permanent the site of the public buildings in the county of Pike, and to name and incorporate the same. WHEREAS, by non-user of their corporate privileges, it is doubted by some whether the citizens of Zebulon have not lost their corporate rights; therefore, SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, all the rights, privileges and immunities, which were granted to the citizens of Zebulon by the act of 1825 incorporating the same, be and the same are hereby acknowledged and declared to be revived and in full force and effect. SECTION 2. And be it further enacted by the authority aforesaid, That the Commissioners of said town shall have power to prescribe the manner of electing the Marshal and other officers, to establish their fees, and to take control of the patrol duty, street work, and all other matters that may be necessary for the well being, peace and good order of said town. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, January 17, 1850. AN ACT to revive the several acts passed by former Legislatures of this State, incorporating the town of Crawfordville in the county of Taliaferro. WHEREAS the citizens of said incorporation have [Illegible Text] their charter by failing to elect Commissioners in the manner prescribed by the several acts providing therefor, and there being no provision in said acts for the election of Commissioners unless said act be revived; and whereas the citizens of said incorporation are desirous of having their charter revived: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that all laws heretofore enacted for the purpose of incorporating the town of Crawfordville in the county of Taliaferro, be and the same are hereby fully revived, and are of as much force as if they

Page 102

had never been forfeited by the citizens of the said town of Crawfordville. SECTION 2. Be it further enacted, That if the citizens of said incorporation shall at any time omit or fail by reason of neglect or otherwise to elect Commissioners on the second Tuesday in January of each year, as is provided for in said acts, then and in that case it shall and may be lawful, if there be Commissioners in office, for them to remain in office till new Commissioners are elected; or if there be no Commissioners in office, then and in either case the citizens of said incorporation may hold such election by giving ten days' notice thereof publicly at three different places within the limits of said incorporation. SECTION 3. 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. Approved, January 31, 1850. AN ACT to make permanent the site of the public buildings for the county of Marion, in the town of Buena Vista, and to incorporate said town. WHEREAS, by the provisions of an act of the General Assembly of this State, entitled an act to add a part of the county of Stewart to the county of Marion, to point out the mode of electing Commissioners, to provide for the location of a county site, to dispose of the public buildings in Tazewell, to provide payment for the undertakers of the Court-house now being erected, to levy an extra tax, and for other purposes, assented to on the 27th day of December, 1847, the site of the public buildings for said county of Marion, has been located in the town of Buena Vista on lot of land number one hundred and ten in the fourth district of originally Muscogee, now Marion county; 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 site of the public buildings for said county of Marion, is hereby made permanent in said town of Buena Vista, on the above and foregoing described lot of land: Provided, That nothing herein contained shall be so construed as to repeal any portion of the above recited act. SECTION 2. And be it further enacted, That the citizens of said town, entitled to vote for members of the General Assembly of this State may, on the first Monday in February, eighteen hundred and fifty, and on the first Monday in February

Page 103

in each and every year thereafter, assemble at the Court-house in said town, and elect by ballot five Commissioners for said town, which Commissioners so elected shall have been residents of said town for the space of three months immediately preceding their election, and shall hold their office for one year, and until their successors are elected. SECTION 3. And be it further enacted, That said Commissioners be and they are hereby declared a body corporate, under the name and style of The Commissioners of the town of Buena Vista, capable of suing and liable to be sued, with power to pass all by-laws and ordinances, and appoint such officers as a majority of said Commissioners may deem necessary for the good government of said town: Provided, That said by-laws and ordinances be not repugnant to the Constitution and laws of this State: And provided further, That nothing herein contained shall be so construed as to exempt the citizens of said town from the ordinary road duty to which they are now subjected by the laws of this State. SECTION 4. And be it further enacted, That the corporate jurisdiction of said Commissioners shall extend and may be exercised over all the lots in said town which have heretofore been laid off by the Commissioners elected by the citizens of said county to lay off the same. SECTION 5. And be it further enacted, That in the event that no election shall be held for Commissioners on the day hereinbefore set apart, the same may be held on any other day, upon notice being given by the Clerk of the Inferior Court for ten days preceding the same; and three freeholders shall be competent to hold all elections for Commissioners of said town upon their taking and subscribing the oath usually [Illegible Text] to freeholders on managing elections in this State. SECTION 6. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, January 26, 1850. AN ACT to incorporate the town of Cartersville in the county of Cass. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That from and after the passage of this act, R. H. Cannon, W. W. Leak, Wm. H. Puckett, J. F. [Illegible Text], and Coleman Pitts, be and they are hereby appointed Commissioners of the town of Cartersville in the county of Cass, and shall continue in [Illegible Text] until their successors are appointed according to the provisions of this act.

Page 104

SECTION 2. And be it further enacted, That on the first Saturday in January, eighteen hundred and fifty-one, and on the first Saturday in January in every year thereafter, it shall be lawful for all persons, inhabitants within the limits of said town, entitled to vote for members of the Legislature, to assemble at some convenient place in said town to be pointed out by said Commissioners, and under the superintendence of one Justice of the Peace and two freeholders of said county, elect by ballot five Commissioners, who shall continue in office one year, and until their successors are elected and qualified; which said Commissioners so elected shall be sworn truly and faithfully to execute and perform the duties of their office as town Commissioners of said town, a certificate of which shall be entered on the minutes of the Board; and if it shall so happen that said election shall not take place on the day so appointed, it shall be lawful for the same to be held on any other day, in the manner and form before prescribed, on ten days' notice being given at two or more public places in said town. SECTION 3. And be it further enacted, That the afore-mentioned Commissioners, and their successors in office, shall have power and authority to pass all laws, rules and regulations, and adopt all ordinances of police, necessary to the health, peace and well being of the inhabitants of said town: Provided, The same shall not be repugnant to the Constitution and laws of this State, or of the United States; and shall have full power and authority to appoint such officers as may be necessary to carry into effect such rules, regulations, and ordinances, which officers so appointed are hereby invested with full power to execute the duties of their respective offices. SECTION 4. And be it further enacted, That said Commissioners, and their successors in office, shall have corporate jurisdiction over the extent of half a mile in every direction from the centre of said town, and shall have exclusive control of all patrols and persons liable to work on the roads within the same. SECTION 5. And be it further enacted, That said Commissioners shall have power to levy a tax not exceeding fifty per cent. upon the State tax, on all the inhabitants of said town: Provided, That [Illegible Text] tax shall be levied as a corporation tax upon any farm or part of a farm (over and above one [Illegible Text], including the house,) which may be embraced within said corporate limits. SECTION 6. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, February 1, 1850.

Page 105

AN ACT to amend an act entitled an act to extend and define the corporate limits of the town of West Point in Troup county, assented to the 26th day of December, 1835, so far as to make the fifth section thereof constitutional, and to secure the rights of the present owners of the bridge erected across the Chattahoochee river in said town, and for other purposes. WHEREAS it is provided by the fifth section of the act of 26th December, 1835, that Abner McGehee, George Whitman, Edward Hancock, John Scott, sen., Francis M. Gilmer, N. C. Benson, John C. Webb, and Charles Pearson, be authorized to build a bridge across the Chattahoochee river at any point within the limits of said incorporation they may deem expendient, and that they be entitled to such tolls as are received by the existing ferry at that place; and whereas doubts are entertained of the constitutional validity of said fifth section on account of its want of conformity to the title and body of the act: 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 the fifth section of the act of 1835, recited and referred to in the title of this act, be and it is hereby declared to be in full force and effect, and that the present owners of said bridge, William B. S. Gilmer, James E. Scott, Benjamin S. Bibb, and Charles L. Gilmer, and others who may hereafter become owners thereof, be and they are hereby entitled to all the rights, privileges, enjoyments, and franchises, to which they would be entitled had said recited fifth section referred to in said act of 1835 been constitutional, and that all notes, bonds, and other obligations made to the West Point Bridge Company heretofore or hereafter, be considered valid and due to the owners of said bridge. SECTION 2. Be it further enacted, That said Company shall be entitled to charge sixty cents for each wagon crossing said bridge, and drawn by six horses, mules or oxen, and otherwise the rates of toll to remain as before established. SECTION 3. Be it further enacted, That no person or persons shall build a public bridge or ferry across said river within one mile and a half of said bridge at West Point, without the consent of the owners thereof: Provided, That the restriction herein contained shall not operate in any manner or form so as to prevent the extension of the Atlanta and Lagrange Railroad, by bridge or otherwise, across said river to the Alabama line, at or near West Point; and provided further, that the said restriction shall in no wise interfere with any of the rights and privileges heretofore granted

Page 106

to the Montgomery and West Point Railroad Company. SECTION 4. Be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 5, 1850. AN ACT to provide for the removal of the present county site at Marion in the county of Twiggs, and to define the duties of the Inferior Court of Twiggs county in relation 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 the Justices of the Inferior Court of Twiggs county shall publish in such places in the county as they shall deem expedient, an election at such places as elections are usually held in said county for members of the Legislature, which election shall be for the purpose of obtaining an expression of the wishes of the voters of said county upon the question of removal of the court-house from Marion, the present county site of the county of Twiggs, to such place on the lands formerly owned by Henry Solomon, in his life time, and near the residence of said Solomon, as the Inferior Court shall select and designate. SECTION 2. And be it further enacted, That the said Justices of the Inferior Court shall designate the day for said election, and advertise said election thirty days previous to the time of holding the same. SECTION 3. And be it further enacted, That the voters shall vote Removal, or No Removal, and if a majority of the votes shall be for removal, then the said Inferior Court shall contract for the building of the court-house and jail for said county, at such place to be designated by the said Justices of the Inferior Court, to the lowest bidder or bidders for doing the same. SECTION 4. And be it further enacted, That the Inferior Court shall appropriate whatever sum or sums of money may be raised by voluntary contribution of the citizens of the county to the paying the expenses for the building of said court-house and jail at such place as may be designated by said Court as before pointed out, provided the owners of said land will sell and convey to said Court ten acres of land for the purpose aforesaid. SECTION 5. And be it further enacted, That the said Court shall lay off said land in lots of such dimensions as they deem most advisable, and sell the same at such time and on such

Page 107

terms as they deem advisable, and the proceeds of the said sale of said land shall be appropriated to the expenses of removal of said court-house and jail. SECTION 6. And be it further enacted, That the said county site where the court-house is hereby intended to be removed shall be known and called Marion. SECTION 7. 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. Approved, February 11, 1850. AN ACT to incorporate the Cherokee College of Georgia, in the county of 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 authority of the same, That John H. Lumpkin, Daniel R. Mitchell, A. T. Hardin, William T. Trammell, John W. Hooper, Alfred Shorter, Simpson Fouche, H. V. M. Miller, Thomas Hamilton, T. J. Stevens, Nathan Bass, Augustus R. Wright, and John A. Jones, and their successors, be and they are hereby constituted and appointed a body corporate, under the name and style of the Trustees of the Cherokee College of Georgia. SECTION 2. And be it further enacted, That the said Trustees be and they are hereby authorized to have and use a common seal, and to alter the same at pleasure; and by their corporate name to sue and be sued, plead and be impleaded, in any Court of law or equity, and are hereby made capable of holding, purchasing, receiving and enjoying any lands, tenements and effects whatsoever, and of selling or otherwise disposing of the same for the benefit of said corporation, and also are hereby empowered to establish and alter at pleasure such by-laws and regulations as may be necessary for the management of the affairs and property of said corporation. SECTION 3. And be it further enacted, That the said Trustees, a majority of whom shall constitute a quorum for the transaction of business, be and they are hereby authorized to establish in or near the city of Rome a College, to be known as the Cherokee College of Georgia, under such rules and regulations as they shall think best calculated to [Illegible Text] the same and promote the study of the arts and sciences. SECTION 4. And be it further enacted,. That the said Trustees shall have perpetual succession, and have power to fill all vacancies which may occur in their own body, to elect such professors and teachers as may be deemed expedient, and

Page 108

to confer all such degrees as are customary in other colleges or universities in this State. SECTION 5. And be it further enacted, That the lots, buildings and other property of said corporation shall not be subject to the payment of city or other taxes, and that no bequest or other conveyance of property to the said corporation shall be vitiated by reason of any misnomer thereof. Approved, February 21, 1850. AN ACT to incorporate the Madison Female College, to be located in the town of Madison, Georgia. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, Adam G. Saffold, Wilde Kolb, John Robson, John W. Porter, William V. Barnly, Lucuis L. Wittich, Gay Smith, Alfred Shaw. Thomas P. Baldwin, Hugh J. Ogilby, Thaddeus B. Reese, Dawson B. Lane, Samuel Pennington, William J. Parks, Caleb W. Key, M. H. Hebbard, Isaac Boring, John W. Glenn, G. J. Pearce, and their successors in office, be and they are hereby constituted a body politic and corporate, by the name of Madison Female College. SECTION 2. And be it further enacted, That the Trustees and their successors in office, under the name and style aforesaid, may use a common seal, and shall be capable of suing and being sued, pleading and being impleaded; also, to have, take, possess and acquire by gift, grant or purchase lands, tenements, hereditaments, goods, chattels, and other estate, and the same to use, have, improve or convey in fee simple. SECTION 3. And be it further enacted, That the Trustees aforesaid, and their successors, be empowered to receive all gifts, grants, legacies, privileges and immunities, which may be made or bequeathed to said corporation, and no misnomer of the corporation or other technical defect shall prevent its right from vesting when it may appear or it shall be ascertained that it was the intention of the party or parties to give, grant, or bequeath any property, real or personal, or any right [Illegible Text] interest, to the said corporation. SECTION 4. And be it further enacted, That the Trustees aforesaid, and their successors in office, shall have power and authority to negotiate loans, or enter into any contract or contracts which they or a majority of them shall deem necessary for the use of said College, and to secure said contracts, loans or other negotiations by pledging or mortgaging the property of said institution, except the College building and lot or lots on which it may be situated.

Page 109

SECTION 5. And be it further enacted, That the said Trustees, and their successors in office, or a majority of them, shall have power and authority to make all such laws, rules and regulations for the government of said College as they may deem fit and proper: Provided, Nothing in said by-laws, rules and regulations be repugnant to the Constitution and laws of the State of Georgia or United States. SECTION 6. And be it further enacted, That the Trustees aforesaid, in their corporate character and name, shall have perpetual succession, and when any vacancy shall occur in said Board of Trustees, by death, resignation or otherwise, the remaining Trustees, or a majority of them, shall have power of filling such vacancies. SECTION 7. And be it further enacted, That said Board of Trustees shall consist of nineteen members, which number may be reduced to fourteen, as vacancies shall occur, if the remaining Trustees, or a majority of them, shall so determine. SECTION 8. And be it further enacted, That the Trustees, or a majority of them, shall have power of appointing a President, Professors, Secretary, Treasurer, and Stewart, and all other officers they may think necessary for said college, and the same or any of the same to discontinue and remove when they may think fit, provided a majority of the Board of Trustees concur in such removal. SECTION 9. And be it further enacted, That the Trustees shall prescribe the course of studies to be pursued and taught in said College, and fix the salaries of the different officers, establish the rate of tuition, adjust the expenses, and adopt such regulations not otherwise provided for, as the good of the College may require. SECTION 10. And be it further enacted, That the President of the College (or in his absence the senior Professor) by and with the consent of the Trustees shall have power to confer all such honor, degrees and license as are usually conferred in colleges and universities, and shall preside at all the public exercises of the College. SECTION 11. And be it further enacted, That all meetings of the Board of Trustees shall be held in the town of Madison, Morgan county, and a majority of the Trustees living shall at all times be competent to transact any business appertaining to the College, and to exercise all powers, privileges and duties herein before conferred on the Board of Trustees. SECTION 12. And be it further enacted, That should the building and property of said corporation cease to be used for educational purposes for three consecutive years, then the same shall revert to and become the property of the subscribers to said College, or their legal representatives, in proportion to the amount of their several subscriptions. Approved, January 26, 1850.

Page 110

AN ACT to incorporate the Dalton Female College. SECTION 1. Be it enacted by the Senate and 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 S. Baker, John Crawford, E. M. Galt, D. A. Walker, J. N. Cates, D. S. Anderson, A. E. Vandirver, Duff Green, G. W. Selvedge, Z. H. Gordon, John Haynes, C. C. Hammond, J. H. B. Shackelford, J. C. Gunn, E. Dyer, B. F. Porter, R. M. Aycock, M. A. Cooper, A. R. Wright, A. Webb, R. Fleming, and N. M. Crawford, and their successors in office, shall be and they are hereby declared to be a body politic and corporate by the name and style of the Dalton Female College, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to use a common seal, and to make all by-laws and regulations necessary for the government of said College, not inconsistent with the Constitution of this State or of the United States. SECTION 2. And be it further enacted, That the said Trustees, or any nine of them, who shall constitute a quorum, shall be authorized to appoint such officers as they may think proper for their own body and for the government and management of the said College: Provided, The Chairman and Managers of the Southern Education Society shall have power to confirm or annual such appointment. SECTION 3. And be it further enacted, That the said Trustees shall have authority to confer literary degrees, and shall continue in office for one year, and until their successors shall be elected and qualified. SECTION 4. And be it further enacted, That the Chairman and Managers of the Southern Education Society, and they only, are qualified to vote for Trustees of the Dalton Female College, and they may hold an election on the first Monday in July in each year, or at such time thereafter as they may determine. SECTION 5. And be it further enacted, That the said Board of Trustees shall be capable of holding all manner of property, real and personal, with all the rights, powers and privileges that are necessary and proper to enable them to use the same, or to make it available for the purpose, use, and benefit of said College. Approved, February 23, 1850. AN ACT to incorporate the Forsyth Female Collegiate Institute, 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,

Page 111

and it is hereby enacted by the authority of the same, That from and after the passing of this act, William S. Norman, Stephen H. Martin, Cyrus Sharp, McCarroll Peurifoy, Benier Pye, Asa V. Mann, and Elbridge G. Cabiness, be and they are hereby appointed Trustees of the Forsyth Female Collegiate Institute, in the town of Forsyth. SECTION 2. And be it further enacted, That the said Trustees, or 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 Forsyth Female Collegiate Institute, and as such shall be capable and liable in law and equity to sue and be sued, plead and be impleaded, and shall be authorized to make such by-laws and regulations as may be necessary for the government of said institution, provided that they be not repugnant to the Constitution and laws of this State; and for that purpose may have a common seal, and appoint such officers as they may think proper, and remove the same from office. SECTION 3. And be it further enacted, That the said Trustees, and their successors, 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 institution, or which may hereafter be conveyed or transferred to them, to have and to hold the same for the proper benefit and behoof of said institution. SECTION 4. And be it further enacted by the authority aforesaid, That when any vacancy shall happen by death, resignation or otherwise, of any one or more of the Trustees of said institution, their survivors, or a majority of them, shall fill such vacancy; and that they may further have the power at their discretion to increase the number of said Trustees to seven. Approved, December 21, 1849. AN ACT to incorporate the Lagrange Collegiate Seminary for young ladies. SECTION 1. Be it enacted 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, Milton E. Bacon, Principal, and any number of Trustees he may hereafter appoint not exceeding thirty, and their successors in office, be and they are hereby constituted a body corporate, for the purpose of female education, under the name and style of the Lagrange Collegiate Seminary for young ladies; that the Principal and Trustees when appointed as aforesaid, and their successors in office, under the name and style aforesaid,

Page 112

may have and use a common seal, sue and be sued, plead be impleaded, and have, take and hold any real or personal estate or other property, corporeal or incorporeal, to be used by them for the purposes of female education. SECTION 2. Be it further enacted, That the Principal of said Seminary shall have power to employ any number of assistant teachers he may think necessary; make and enforce all laws and regulations not repugnant to the Constitution and laws of the State, that may be requisite for the well ordered government of the Seminrry, prescribe a course of studies, establish the rate of tuition, and to do and perform all other things that the good of the Seminary may demand. SECTION 3. Be it further enacted, That the Principal of the Seminary shall have power and authority to confer such honors, degrees, medals, and privileges, upon the students as are usually conferred in colleges and universities; to grant diplomas in manner and style appropriate to female institutions, and to control and preside at the public exercicises of the Seminary. SECTION 4. Be it further enacted, That the appointment of Trustees as aforesaid shall be discretionary with the Principal to appoint or not, as he may regard best for the interest of the Seminary, and that, if appointed, the Principal and Trustees, in their corporate capacity, shall have perpetual succession, and that when any vacancy shall occur in the Board of Trustees appointed by the Principal, by death or otherwise, he shall have power to fill the same by further appointment. SECTION 5. Be it further enacted, That the charter granted by this act to the Lagrange Collegiate Seminary for young ladies, shall be limited to the term of thirty years from the date of its grant; and that all laws and parts of laws militating against this act are hereby repealed. Approved, January 31, 1850. AN ACT to incorporate Madison Collegiate Institute. SECTION 1. Be it enacted by the Senate and House of 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, Elijah E. Jones, John B. Walker, Zachariah Fears, Thomas J. Burney, Edmund Walker, Charles M. Irvin, William S. Stokes, James F. Swanson, J. W. Fears, Benjamin Harris, Benjamin M. Peeples, Nathan Massey, R. P. Zimerman, Nathaniel G. Foster and William W. B. Crawford, and their successors in office be and they are hereby constituted a body corporate and politic by the name of Madison Collegiate Institute, and that

Page 113

they [Illegible Text] Trustees for educational, purposes, may proceed to organize themselves and appoint all necessary officers to carry into effect the objects of their incorporation, and shall hold their office of Trustees as aforesaid, till successors shall be elected as hereinafter provided for. SECTION 2. And be it further enacted, That the Trustees and their successors in office, under the name and style aforesaid, may use a common seal, and shall be capable of sueing and being sued, pleading and being impleaded; also, to have, take, possess and acquire by gift, grant or purchase, lands, tenements, hereditaments, goods, chattels and other estates, and the same to use, have, improve and convey in fee simple. SECTION 3. And be it further enacted, That the Trustees aforesaid and their successors in office; be empowered to receive all gifts, grants, legacies, privileges, and immunities which may be made or bequeathed to it, the said Madison Collegiate Institute; and that no [Illegible Text] of the corporation or other technical [Illegible Text] [Illegible Text] prevent its rights from vesting when it may appear or shall be ascertained that it was the intention of the party [Illegible Text] parties to give, grant or [Illegible Text] any property, [Illegible Text] or personal, or any rights or interest to the corporation. SECTION 4. And be it further enacted, That said Collegiate Institute being the property of a number of persons upon the joint stock principle, they the said persons owning stock as aforesaid, (the said fact of their being stockholders to be evidenced by scrip, to be issued in the name of the corporation as aforesaid, in shares of twenty-five dollars each share) shall convene annually at Madison in Morgan county, in said State, on such day as may be designated, and proceed to the election of not less than seven, nor more than twenty-one Trustees, a majority of whom shall be members of the Baptist Church in good standing, in which said election each stockholder shall be entitled to one vote for each share of twenty-five dollars, of which he or she may be the owner, and may cast such vote or votes by proxy, under such rules and regulations as may be provided for that purpose; that said Collegiate Institute shall be under the management and control of the Trustees as aforesaid, who shall annually make a full report of its condition to the stockholders, said Trustees having the power from time to time, to fix upon the number of their body necessary to constitute a quorum for business, provided the same shall never be less than one third the number elect for the time being. SECTION 5. And be it further enacted, That said Trustees and their successors in office shall have power and authority to make all such laws, rules and regulations for the government of said Collegiate Institute as they may deem fit and proper; Provided, Nothing in said by-laws, rules and regulations

Page 114

be repugnant to the Constitution and laws of [Illegible Text] State or of the United States. SECTION 6. And be it further enacted, That the Trustees aforesaid, and their successors in office, in their corporate character and name, shall have perpetual succession, and where any vacancy shall occur in their number by death, resignation or otherwise, intermediate the annual election as aforesaid, the remaining Trustees, or a majority of them, may fill such vacancy till the next ensuing annual meeting of the stockholders. SECTION 7. And be it further enacted, That the President or Principal of said Collegiate Institute as the case may be, by and with the consent of the Trustees, shall have power to confer all such honors, degrees and license, as are usually, conferred in Colleges or Universities, and shall preside at all the public exercises of the said Collegiate Institute. Approved, January 17, 1850. AN ACT to incorporate the Southern Central Baptist University of Georgia, at Dalton. SECTION 1. Be it enacted by the Senate and 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 S. Baker, John Crawford, E. U. Galt, D. A. Walker, J. W. Cates, D. S. Anderson, A. E. Vandiver, Duff Green, G. W. Selvedge, Z. H. Gordon, C. C. Hammond, J. H. B. Shackelford, J. C. Green, E. Dyer, B. F. Porter, R. U. Aycock, U. A. Cooper, A. R. Wright, A. Webb, R. Fleming, J. W. Lewis, and W. U. Crawford, and their successors in office, shall be and they are hereby declared to be a body politic and corporate by the name and style of The Southern Central Baptist University of Georgia, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to use a common seal, and to make by-laws and regulations for the government of said University, not inconsistent with the Constitution and laws of this State or of the United States. SECTION 2. And be it further enacted, That the said Trustees, or any nine of them, who shall constitute a quorum, shall be authorized to appoint such officers as they may think proper for their own body and for the government and management of the said University: Provided, The Chairman and Managers of the Southern Education Society shall have power to confirm or annual such appointment. SECTION 3. The said Trustees shall have authority to confer literary degrees. SECTION 4. The said Trustees shall continue in office for

Page 115

one year, and until their successors be elected and qualified. SECTION 5. That the Chairman and Managers of the Southern Education Society, and they only, are qualified to vote for Trustees of the said University, and they may hold an election on the first Monday of July of each year, or at such time thereafter as they may determine. SECTION 6. The said Board of Trustees shall be capable of [Illegible Text] all manner of property, real and personal, with all the rights, powers and privileges that are necessary and proper to enable them to use the same, or to make it available for the proper use, and benefit of said University. Approved, February 14, 1850. AN ACT to make valid all commissions which have heretofore been or may hereafter be issued in blank for the purpose of taking testimony in any case arising or which may have arisen in the Courts of Law and Equity of this State SECTION 1. Be it enacted by the Senate and House of [Illegible Text] 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 commissions which have heretofore been, or may hereafter be issued in blank for the purpose of taking testimony in any case pending, or arising in the Courts of Law and Equity in this State, shall be valid and as effectual as if the names of the Commissioners had been inserted by the officer issuing the same. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 13, 1850. AN ACT to alter and amend an act entitled an act to lay off and divide the State into eight Congressional Districts, and to point out the mode, of electing members to Congress in each District, and to provide against illegal voting, assented to December 23d, 1843. SECTION 1. Be it enacted by the Senate and House of [Illegible Text] 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 county of Scriven shall be added to and compose a part of the First Congressional District, that the counties of Butts Jasper, Jones and Wilkinson shall be added to and compose a part of

Page 116

the Third Congressional District, that the counties of Harris and [Illegible Text] shall be added to and compose a part of the Fourth Congressional District, that the counties of Union and Lumpkin shall be added to and compose a part of the Fifth Congressional District, that the county of Newton shall be added to and compose a part of the Sixth Congressional District, that the counties of Hancock, Washington and Laurens shall be added to and compose a part of the Seventh Congressional District, and that the county of Elbert shall be added to and compose a part of the Eighth Congressional District. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 22, 1850. AN ACT to regulate the mode of election of Constables in the city of Savannah, and to repeal so much of an act assented to 23d of December, 1831, as relates to the election of Constables in said city. SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That so much of the act entitled an act to repeal the first section of an act to make Constables elective by the people and the mode of taking their bonds, and to point out their duties in certain cases, passed twenty-second of December, 1829, so far as the said act regulates the mode of electing said Constables in the county of Chatham, assented to December, 1831, as authorizes the Justices of the Inferior Court to elect Constables for the first, second, third and fourth districts, G. M., which compose the city of Savannah, be and the same is hereby repealed. SEC. 2. And be it further enacted by the authority aforesaid, That from and after the expiration of the term of the Constables now in office, on the third Monday in February next, and every three years thereafter, that each Justice of the Peace for the first, second, third and fourth districts, G. M., composing the city of Savannah, shall nominate and appoint one person who must be a resident of said city, to the office of Constable for the term of three years then next ensuing, which person [Illegible Text] shall give bond and security to be approved by the Justices of the Inferior Court, as now provided by law. SEC. 3. And be it further enacted by the authority aforesaid, That in case a vacancy in the office of Constable, by death, resignation or otherwise, that the Magistrate by whom he was appointed, or his successor in office, shall appoint some fit and

Page 117

proper person who shall hold the office until the expiration of the term for which his predecessor had been appointed. SECTION 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. Approved, December 8, 1849. AN ACT to alter and amend the sixth section and third article of the Constitution of the State of Georgia. WHEREAS the sixth section of the third article of the Constitution of this State reads in the following words, to wit: The powers of a Court of Ordinary or register of probates shall be vested in the Inferior Courts of each county, from whose decision there may be an appeal to the Superior Court under such restrictions and regulations as the General Assembly may by law direct. But the Inferior Court shall have power to vest the care of the records and other proceedings therein in the Clerk or such other person as they may appoint, and any one or more Justices of the said Court, with such Clerk or other person, may issue citations and grant temporary letters in time [Illegible Text] vacation to hold until the next meeting of the said Court, and such Clerk or other person may grant marriage licenses. SECTION 1. Be it enacted by the Senate and 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 requirements of the Constitution the following shall be adopted in lieu of the section above recited, to wit: The powers of a Court of Ordinary or register of probates shall be vested in an Ordinary for each county, from whose decisions there may be an appeal to the Superior Court under such restrictions and regulations as may be or may have been prescribed by law. The said Ordinary shall be ex officio Clerk of said Court and may appoint a deputy clerk. The Ordinary as Clerk, or his deputy, may issue citations and grant temporary letters of administration to hold until permanent letters are granted, and said Ordinary as Clerk, or his deputy may grant marriage licenses. The Ordinaries in and for the respective counties, shall be elected as other county officers are, on the first Monday in [Illegible Text], eighteen hundred and fifty-two, and every fourth year thereafter, and shall be [Illegible Text] by the Governor for the term of four years. In case of a vacancy in said office of Ordinary, from any cause, the same shall be filled by election as is provided in relation to other county officers, and until the same is filled, the

Page 118

Clerk of the Superior Court, for the time being, shall act [Illegible Text] Clerk of said Court of Ordinary. Approved, February 23, 1850. AN ACT to alter and amend the twelfth section of the second article of the Constitution of the State of Georgia. WHEREAS the twelfth section of the second article of the Constitution of the State of Georgia, reads in the following words, to wit: There shall be a Secretary of State, a Treasurer and Surveyor General appointed in the same manner and at the same session of the Legislature, and they shall hold their office for the like period as the Governor, and shall have a competent salary, including such emoluments as may be established by law, which shall not be increased or diminished during the period for which they shall have been elected. SECTION 1. Be it enacted 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 as soon as this act shall have passed agreeably to the requirements of the Constitution, the following shall be adopted in lieu of the section above recited, to wit: There shall be a Secretary of State, a Treasurer and [Illegible Text] General, who shall be elected by the persons entitled to vote for Governor of this State, and at the same time that the Governor of this State is now elected, and under the same rules and regulations as are now pointed out in the second section of the second article of the Constitution of this State for the election of Governor; and no person shall be eligible to the said offices, who shall not have been a citizen of the United States ten years, and a resident inhabitant of this State six years previous to his election; and they shall hold their offices for the like period as the Governor, and shall have a competent salary, including such emoluments as may be established by law, which shall not be increased or diminished during the period for which they shall have been elected; and when any of the said offices shall become vacant by death, resignation or otherwise, the Governor shall have power to fill such vacancy, and persons so appointed shall continue in office until a successor is elected and qualified agreeably to the mode hereinafter pointed out; and when a [Illegible Text] shall happen in any of said offices, the Governor shall within ten days thereafter, give notice of the same in at least five of the public gazettes of this State, and order an election to be had and held as hereinbefore directed to fill such vacancy, and the Governor shall have the same published at least

Page 119

thirty days before the day on which the election shall be had and held; and any of the said officers shall by sentence of impeachment, or upon the address of two-thirds of each branch of the General Assembly, be removed by the Governor. Approved, February 1, 1850. AN ACT to alter and amend the Twelfth section of the Second article of the Constitution of this State. WHEREAS the twelfth section of the second article of the Constitution of this State reads in the following words to wit: There shall be a Secretary of State, a Treasurer and Surveyor General, appointed in the same manner and at the same session of the Legislature, and they shall hold their offices for the like period as the Governor, and shall have a competent salary, including such emoluments as may be established by law, which shall not be increased or diminished during the period for which they shall have been elected. And whereas, the amendment of the second section of the second article of the Constitution, by which the power of electing a Governor of the State is conferred upon the people, renders the above recited section ambiguous and obscure in its neaning. And whereas there exists no provision in law for the election of a Comptroller General, 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 so soon as this act shall have passed agreeably to the requirements of the Constitution, the following shall be adopted in lieu of the section above recited, to wit: There shall be a Secretary of State, a Treasurer, a Comptroller General and a Surveyor General elected at the same time and in the same manner as the Governor, who shall hold their offices during the time for which he is elected, and shall have a competent salary, including such emoluments as may be established by law, which shall not be increased or diminished during their term of office; and the returns of said election shall be made to the General Assembly in the same manner as the returns for Governor, and shall be disposed of according to the provisions of the second section of this article. Approved, February 22, 1850. AN ACT to alter and amend the third section of the first article of the Constitution of this State.

Page 120

SECTION 1. Be it enacted by the Senate and 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 so much of the third section of the first article of the Constitution as relates to the Senate: The Senate shall be composed of one Senator from each county, chosen biennially by the electors thereof on the first Monday in October, until the day of election is altered by law. Approved, February 11, 1850. AN ACT to alter and amend the third section of the third article of the Constitution of the State of Georgia. WHEREAS the third section of the third article of the Constitution of this State reads in the following words, to wit: There shall be a States Attorney and Solicitors appointed by the Legislature and commissioned by the Governor, who shall hold their offices for the term of four years, unless removed by sentence or impeachment, or by the Governor on the address of two-thirds of each branch of the General Assembly; they shall have salaries [Illegible Text] to their services established by law, which shall not be increased or diminished during their continuance in office: SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That as soon as this act shall have passed agreeably to the requirements of the Constitution, the following shall be adopted in lieu of the section above recited, to wit: There shall be a State's Attorney and Solicitor elected by the persons entitled to vote for members of the Legislature, in such number and at such time as the Legislature may direct, who shall be commissioned by the Governor, and hold their offices for the term of four years, unless removed by sentence or impeachment, or by the Governor on the address of two-thirds of each branch of the General Assembly; they shall have salaries adequate to their services established by law, which shall not be increased or diminished during their continuance in office: and when any vacancy shall happen by death, resignation or otherwise, the Governor shall have power to fill such vacancy, and persons so appointed shall continue in office until a successor is appointed and qualified in such manner as the Legislature may direct; and no person shall be eligible to said office who shall not have been a citizen of the United States ten years, and a citizen

Page 121

of this State five years, and a resident inhabitant of the circuit or district for which he may be elected at least one year before he is elected to said office. Approved, February 5, 1850. AN ACT to alter and amend the first paragraph of the seventh section of the first article of the Constitution of this State. WHEREAS the first paragraph of the seventh section of the [Illegible Text] article of the Constitution of this State, as amended in 1842 and 1843, provides that 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, 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 so soon as this bill shall have passed in accordance with the requirements of the Constitution, the following shall be adopted in lieu of the first paragraph of the seventh section of the first article of the Constitution, to wit: The House of Representatives shall be as followsEach 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 colour, shall have two representatives; the said apportionment shall be made by the General Assembly 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. Approved, February 23, 1850. AN ACT to add an additional section to the first article of the Constitution. SECTION 1. Be it enacted 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 [Illegible Text] soon as this act shall have passed agreeably to the provisions of the Constitution for altering the same, the following shall be an additional section of the first article thereof:

Page 122

The Legislature shall have no power by bill, ordinance, or resolution, to incorporate any church, academy, school, literary, religious, or benevolent society or association, or any other society or association, manufacturing company, military company, ice company, fire company, theatre company, hotel company, bridge or ferry company, nor to change the names of any persons, nor to legitimate illegitimate children, nor to change the places of holding precinct elections in the several counties, nor to incorporate towns, cities or villages, other than seaport towns and ports of entry, nor to compensate grand or petit jurors; but the powers herein before enumerated shall be exercised by the Superior or Inferior Courts, or both, as the Legislature may provide, after this act shall have passed agreeably to the provisions of the Constitution; and it shall be the duty of the Legislature to pass such act or acts as may be necessary to carry into effect this provision of the Constitution, prescribing the manner in which such powers shall be exercised and the corporate powers to be exercised under charters which may be granted by said Courts. Approved, February 22, 1850. AN ACT to authorize and require the Governor of the State of Georgia to call a Convention of the people of this State, and to appropriate money for the same. WHEREAS the non-slaveholding States have for a series of years perseveringly interfered most wrongfully with the institution of slavery at the South, by such aggressive measures of intolerance as to render it no longer a question of doubt that the Federal Legislature will soon adopt such restrictive measures against the institution of slavery as to trammel, fetter, and confine it within certain geographical limits never contemplated by the original parties to the constitutional compact: and whereas Georgia, in her sovereign capacity as a State, has delegated no other power to the Federal Government than those found in the Constitution of the United States, and believing that her best interests, and her honor as a sovereign and independent government, require that she should meet all encroachments in a calm and manly spirit of resistance: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That should the Congress of the United States pass any law prohibiting slavery or involuntary servitude in any territory of the United States, or any law abolishing slavery in the District of Columbia, or any law prohibiting the slave trade between the States where slavery may exist, or admit into the

Page 123

United States as a State of this Confederacy the sparsely peopled Territory of California or New Mexico, or should the Governor of this State receive at any time satisfactory evidence that any slave or slaves having escaped from this State to a non-slaveholding State, and that such slave or slaves is or are refused to be given up to the proper owner, by the authorities of the States in which such fugitive or fugitives may be found, then or in either of the foregoing events, it shall be and it is hereby made the duty of the Governor of this State, within sixty days thereafter, to issue his proclamation, ordering an election to be held in each and every county to a Convention of the people of this State, to convene at the Seat of Government within twenty days after said election. SECTION 2. And be it further enacted, That the counties now entitled to two representatives in the House of Representatives of the General Assembly of this State, shall each be entitled and shall elect four delegates to said Convention, and the counties which are entitled to one representative shall elect two delegates to said Convention. SECTION 3. And be it further enacted, That said election for delegates shall be conducted and held in the same manner as elections for members of the Legislature are now held in this State, and that all returns of elections shall be forwarded to the Governor of this State, who shall upon application furnish each delegate elected with a certificate of election. SECTION 4. And be it further enacted, That the sum of thirty thousand dollars be and the same is hereby appropriated out of any money in the Treasury, for the purpose of defraying the expenses of said Convention, and that the members of said Convention shall by vote regulate their per diem pay and mileage. SECTION 5. And be it further enacted, That said Convention shall elect all officers necessary to their organization. Approved, February 8, 1850. AN ACT to amend an act entitled an act concerning Coroners and Inquests, passed December the 22d, 1823. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, it shall be lawful for the Coroners of the several counties of this State to summon the jury or any part thereof himself, if the services of a Constable cannot be conveniently obtained.

Page 124

SECTION 2. And be it further enacted by the authority aforesaid, That when it shall so happen that a body lies in an inconvenient place, it shall be lawful for the Coroner to remove the body to a place more convenient to hold the inquest. SECTION 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. Approved, February 21, 1850. AN ACT to lay out and organize a new county from the counties of Floyd and Cass, and to attach the same to a Senatorial District. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, a new county shall be laid out from the counties of Floyd and Cass, to be included within the following limits, to wit: Beginning at the southwest corner of lot of land number one hundred and forty-one, in the twenty-fourth district of the third section of now Floyd county, thence north along said land lines in the said district and in the twenty-fifth district of said section until the line shall come opposite to the northwest corner of the county of Cass, adjoining the county of Murray, thence eastward along the line now dividing the counties of Cass and Murray to the northeast corner of the present counties of Cass and Murray, thence south along the line now dividing the counties of Gilmer and Cherokee from the county of Cass to the southwest corner of lot of land number one hundred and thirty-six in the twenty-third district of the second section, and thence along the dividing lines of lots, taking eight ranges, to the starting point. SECTION 2. And be it further enacted by the authority aforesaid, That the new county described in the first section of this act, shall be called and known by the name of Gordon, and shall be attached to the Cherokee Judicial Circuit, to the Fifth Congressional District, and to the forty-seventh Senatorial District, and to the first Brigade of the Twelfth Division Georgia Militia. SECTION 3. And be it further enacted by the authority aforesaid, That the persons included within said new county, entitled to vote for the same, shall, on the first Monday in February next, elect five Justices of the Inferior Court, a Clerk of the Superior and Inferior Court each, a Sheriff and Coroner, a Tax Collector and Receiver of Tax Returns, and County Surveyor, for said county, and that the election of

Page 125

said county officers shall be held at the court-house of the seventh district of the third section, and shall be conducted and superintended in the manner prescribed by law; and the Governor, on the same being certified to him, shall commission the persons returned to him as elected at such election, to hold their offices respectively for the terms prescribed by law, and that the Justices of the Inferior Court, after they shall have been commissioned, shall proceed to lay off said county into militia districts, and to advertise for the election of the requisite number of Justices of the Peace in said districts; and the Governor, on being duly certified of the elections of such Justices of the Peace, shall commission them according to law. SECTION 4. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of said county, after they shall have been commissioned, shall have full power and authority to select and locate a site for the public buildings in said county, and the said Justices, or a majority of them, are hereby invested with full power to purchase a tract of land for the location of the county site, to divide the same into lots, and sell each lot at public sale for the benefit of said county, or to make such other arrangements or contracts concerning the county site or location of the public buildings as they may think proper. SECTION 5. And be it further enacted by the authority aforesaid, That the elections of the county generally, and the public business thereof, shall be held and transacted at the court-house in the seventh district of the third section, until the public site shall be located by the Inferior Court as aforesaid, and until the organization of the militia districts, after which, in each of said districts there shall be election precincts, and votes received at them accordingly. SECTION 6. And be it further enacted by the authority aforesaid, That all officers now in commission, who shall be included within the limits of said new county, shall hold their commissions and exercise the duties of their several offices within the said county, until their successors shall have been elected and commissioned. SECTION 7. And be it further enacted by the authority aforesaid, That all mesne process, executions, and other final process, in the hands of the Sheriffs, Coroners and Constubles of the counties of which the new county may be formed, and which properly belongs to said new county, and which may have been levied or in part executed, and such proceedings therein not finally disposed of at the time of passing this act, shall be delivered over to the corresponding officers of said new county, and such officers are hereby authorized and required to proceed with the same, and in the same manner as if such processes had been originally in their hands: Provided, That in all cases publication of the

Page 126

time and places of sale, and proceeding of the like character in the new county, shall be made for the time now prescribed by law; and all such process which properly belongs to the counties out of which said new county may be formed, which may be in the hands of the officers of said new county, shall in like manner be delivered over to the officers of said counties, to be executed by them in the manner herein prescribed. SECTION 8. And be it further enacted by the authority aforesaid, That the Superior Courts for said county shall be held on the second Monday in May and November, and the Inferior Courts on the third Monday in January and July. SECTION 9. 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. Approved, February 13, 1850. AN ACT to lay out and form a new county from the counties of [Illegible Text] and Lowndes, and to provide for the organization of the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That there shall be a new county laid out and formed from the counties of Ware and Lowndes, to be bounded as follows: Commencing at the mouth of Cane Creek, where it empties into the Okefenokee Swamp, thence along said Creek to the ford at Daniel Lane's, thence a direct line to the mouth of Reedy Creek where it empties into the Saltillo river near John B. Walls, then the river to be the line up to the county line, thence the county line to the Allapaha river, thence the river to be the line to the Florida line, to the Okefenokee Swamp; the territory thus included shall form a new county, to be called the county of Clinch. SECTION 2. And be it further enacted, That Elijah Mattox, Simon W. Nichol, Timothy Kirkland, Benjamin Sumon, and John J. Johnson, be and they are hereby appointed Commissioners, with authority, at the expense of the new county hereby laid out, to employ a suitable person to run and [Illegible Text] mark the lines thereof, that are not designated in this act, and they shall be further authorized and empowered to fix upon a public site for the public buildings, which shall be as near the center of said county as is convenient or practicable; and shall also contract for the building of a court-house in said county; and until there is a court-house built the Superior and Inferior Courts and Courts of Ordinary shall be held at the house of Jonathan Knight.

Page 127

SECTION 3. And be it further enacted, That the Commissioners herein before named, shall have power and authority to purchase and receive titles to a suitable tract or parcel of land for the site of the public buildings, to lay out a town, which shall be called Polk, and to sell and dispose of such number of lots upon such terms as they may think proper for county purposes: Provided, nevertheless, The Inferior Court of said county shall have power and be authorized to do and perform all and every duty hereby required of the Commissioners, which may not have been performed previous to the time that said Court are commissioned and qualified. SECTION 4. And be it further enacted, That all officers both civil and military, which may be included within the limits of said new county, shall continue to hold their offices respectively as if commissioned as officers hereof; and said county shall form a part of the first Congressional District, and a part of the fifth Senatorial District, and shall be attached to the Southern Circuit, and to the second Brigade of the Sixth Division G. M. SECTION 5. And be it further enacted, That an election shall be held on the first Monday in April next at the house of Jonathan Knight, and at the different election precincts that are established by law which may be included within the limits of the said new county, for five Justices of the Inferior Court, Clerk of the Superior and Inferior Court, a Tax Receiver and Collector, Coroner and Sheriff, and a County Surveyor. SECTION 6. And be it further enacted, That the Justices of the Inferior Court, as soon as convenient after they shall have been elected and qualified, shall meet at the house of said Jonathan Knight, and from the best information they may be able to procure, make a selection of grand and petit jurors, and proceed to the drawing thereof as pointed out by law, for the ensuing Superior and Inferior Courts. SECTION 7. And be it further enacted, That all actions now pending in either of the counties from which said new county is taken, wherein the defendant or defendants may now be included in said county, shall be transferred, with all papers relating thereto, and trial in said new county where the defendant resides. SEC. 8. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 14, 1850. AN ACT to alter and change the line between the counties of Appling and Telfair, so as to include the residence of

Page 128

William Asbell in the county of Telfair, and also the line between the counties of Ware and Telfair, so as to include the residence of David and James Gaskins, in the county of Telfair. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the line dividing the counties of Appling and [Illegible Text] shall be and the same is hereby altered and changed so as to include the residence of William Asbell, now of the county of Appling, and the lot of land whereon he resides, to the county of Telfair. SECTION 2. And be it further enacted, That all of lot or lots of land whereon the said David and James Gaskins reside, in the county of Ware, be added to the county of Telfair. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, January 17, 1850. AN ACT to alter and change the line between the counties of Montgomery and Telfair, so as to include the residence of Ephraim Bann, in the county of Telfair. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the line dividing the counties of Montgomery and Telfair, shall be and the same is hereby altered and changed so as to include the residence of Ephraim Yann, now of the county of Montgomery, and the lots of land whereon he resides, in the county of Telfair. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, January 11, 1850. AN ACT to change the line between the counties of Effingham and Chatham, so as to include the residence of George A. Keller in the county of Chatham. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

Page 129

and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the line between the counties of Effingham and Chatham be and the same is hereby altered so as to include the residence of George A. Keller and all lands by him owned and attached to his said residence now in the county of Effingham, in the county of Chatham. SECTION 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. Approved, February 11, 1850. AN ACT to add a part of the county of Twiggs to the county of Bibb, and a part of the county of Bibb to the county of Jones, and a part of the county of Jones 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 all that part of the county of Twiggs known as lot number eighty-nine (89) in the seventh (7th) district of originally Baldwin, now Twiggs county, and lot number seventy (70) in said seventh district, be and the same is hereby added to the county of Bibb; and that fractional lots numbers ninety-nine and one hundred in the seventh (7th) district of originally Baldwin, now Jones county, shall be added to the county of Bibb; and that lot number one hundred and thirty-four in the eighth (8th) district of originally Baldwin, now Bibb county, and fractional lot number two (2) in the East Macon Reserve, now owned by James M. Gray, of said county of Jones, laying within the county of Bibb, shall be added to the county of Jones. SECTION 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. Approved, December 21, 1849. AN ACT to attach the lands and residence of Thomas O. Christian of the county of Cass, to the county of Murray, and for other purposes therein contained. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That

Page 130

from and after the passage of this act, the lands and residence of Thomas O. Christian, of the county of Cass, shall attach to and become a part of the county of Murray, and that said Thomas O. Christian be and he is hereby entitled to all the rights and privileges, and subject to all the [Illegible Text] of any other citizen of Murray county, any law, usage or custom to the contrary not withstanding. Approved, February 23, 1850. AN ACT to add lot number one in the third district of Baker county, to Randolph 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, all that part of parcel of land known as lot number one in the third district of Baker county, be and the same is hereby attached to and made a part of the county of Randolph. SECTION 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. Approved, January 17, 1850. AN ACT to add the residence of Thomas S. Hopkins, now of the county of Wayne, to the county of Glynn, and to add the residence of Thomas Tuton of the county of Glynn to the county of Wayne, 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 lot of land, the residence of Thomas S. Hopkins, which now lies in the county of Wayne, be and the same is hereby added to the county of Glynn, and that the said Thomas S. Hopkins be and he is hereby considered a citizen of the county of Glynn, and entitled to all the privileges and immunities of the same, and that the residence of Thomas Tuton, of the county of Glynn, be added to the county of Wayne. SECTION 2. And be it further enacted by the authority aforesaid, That the act assented to on the 24th day of December, 1842, adding the residence of James M. Bryan of the county of Glynn to the county of Wayne, be and the same is hereby repealed.

Page 131

SECTION 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. Approved, February 14, 1850. AN ACT to change the line between the counties of Jasper and Newton so far as to include the residences of James M. Finley and William Garthwright, in the county of Newton, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that the line between the counties of Newton and Jasper be so far changed as to include the possessions and residences of James M. Finley and William Garthwright, now in the county of Jasper, in the county of Newton, and that they be considered in law as citizens of the same, and that all laws or parts of laws militating against this act be and the same are hereby repealed. Approved, February 14, 1850. AN ACT to add certain lots of land and parts of lots in the counties of Macon and Crawford, to the county of Talbot. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this act, the following lots, parts of lots, and fractional lots of land lying in the first district of originally Muscogee, now Macon county, to wit: the north half of two hundred and seventy-one, numbers two hundred and sixty-eight, two hundred and sixty-three and two hundred and sixty-four, and fractional lot two hundred and sixty-seven; and the following lots, parts of lots and fractional lots of land lying in the said first district of Muscogee, now Crawford county, to wit: fractional lot number two hundred and eighty, and that part of lot number two hundred and eighty-one lying north of Parchelagee Creek, and so much of the east half of lot number two hundred and eighty-two as lies north of said creek be and the same are hereby added to the county of Talbot. SECTION 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. Approved, December 20, 1849.

Page 132

AN ACT to alter and change the line between the counties of Ware and Wayne, so as to include the residences of Thomas Purdon, James Ammons and Willey Robinson, in the county of Wayne, and so as to include the residence of Abraham Knight, jun., of the county of Ware, lot number four hundred and seventeen, sixth district, in 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 the line dividing the counties of Ware and Wayne, shall be and the same is hereby altered and changed so as to include the residences of Thomas Purdon, James Ammons and Willey Robinson, now of the county of Ware, and the lots of land whereon they reside in the county of Wayne, and so as to include the residence of Abraham Knight, jun., of the county of Ware, lot number four hundred and seventeen, sixth district, in the county of Wayne. SECTION 2. 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. Approved, January 29, 1850. AN ACT to add a part of Newton county to the county of Jasper, and a part of Carroll county to the county of 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, lots number 266, 285 and 286, in the 19th district of originally Baldwin county, be and the same is hereby added to Jasper county. SECTION 2. And be it further enacted, That the residence of John Low now in Carroll county, be and the same is hereby added to Paulding county, any law to the contrary notwithstanding. Approved, February 14, 1850. AN ACT to alter the county lines between the counties of Newton and DeKalb, Walton and Newton, and Baker and Thomas, and for other purposes therein mentioned, and to add the residence of Elias Sosebee of Hall county, to Habersham county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,

Page 133

and it is hereby enacted by the authority of the same, That from and after the passage of this act, the boundary line between Newton and DeKalb counties be so far changed and altered as to include the dwelling house and possessions of Luke L. New, situated on lot number two hundred, in the sixteenth district of originally Henry, but now DeKalb county, in the county of Newton, and that he be allowed all the privileges of a citizen of said county. SECTION 2. And be it further enacted, That the lands of John S. Stanton, including lots numbers one hundred and two and one hundred and five, in the first district of originally Walton, be and the same are hereby attached to the county of Newton, and that the said John S. Stanton be and he is hereby entitled to all the privileges and subject to all the pains and penalties as a citizen of said county of Newton. SECTION 3. And be it further enacted, That the county line between the counties of Baker and Thomas be so changed as to include lot number twenty, in the tenth district of originally Early, now Baker, within the limits of the county of Thomas. SECTION 4. And be it further enacted, That the residence of Elias Sosebee of Hall county, be added to and become a part of Habersham county. SECTION 5. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 22, 1850. AN ACT to alter and change the county line between the counties of Jackson and Clark, so as to include the residence of Greensby W. Barber and Robert F. White, of the county of Jackson, in the county of Clarke, also, to change the county line between the counties of Madison and Clark, so as to include the residence of George A. Jarell of the county of Madison in the county of Clarke. Be it enacted by the Senate and House of 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 county line between the counties of Jackson and Clark, shall be so altered and changed as to include the residence of Greensby W. Barber and Robert F. White of the county of Jackson, in the county of Clark. And be it further enacted, That the county line between the counties of Madison and Clark be and the same is hereby so altered and changed so as to include the residence of George A. Jarrell of the county of [Illegible Text] in the county of Clark.

Page 134

And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to change the line between the counties of Habersham and Franklin, so as to add the residence of Henry Whisenant and Hendrix Hays to the county of Franklin. SECTION 1. Be it enacted by the Senate and House of 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 line between the counties of Habersham and Franklin shall be changed so as to add the residence of Henry Whisenant and Hendrix Hays to the county of Franklin. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 11, 1850. AN ACT to alter and define certain portions of the boundary line between the counties of Taliaferro and Warren, and the counties of Taliaferro and Hancock, and forother purposes therein specified. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and immediately after the passage of this act, the boundary line between the counties of Taliaferro and Warren, shall be and the same hereby is so far changed as to include the present residence of Edwin Baker, on or near said line, within the county of Taliaferro. SECTION 2. And be it further enacted by the authority aforesaid, That the boundary line between the counties of Taliaferro and Hancock, so far as the same lies between the present residence of John Jackson and Rudisill's Mill, shall be and the same hereby is changed so as to include said residence of John Jackson within the county of Taliaferro, and to run from said residence in a straight line to the present residence of Mrs. Chapman, leaving the same within the county of Hancock, to run thence in a straight line to the present residence of Malcolm Johnston, throwing the same within the county of Hancock, and to return thence by a straight

Page 135

line to the present line at Rudisill's Mill, leaving the same within the county where it now is. SECTION 3. And be it further enacted by the authority aforesaid, That no alteration of boundary in this act made, shall exempt the aforesaid Malcome Johnston from the payment of any county tax to the county of Taliaferro, while he may have a residence within the limits of said county of Taliaferro, as existing immediately before the passage of this act, nor exempt him from the payment of all or any other taxes incident to such alteration. 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. Approved, January 17, 1850. AN ACT to add a portion of the county of Hall to the county of Lumpkin. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, all that portion of the county of Hall lying on the left or Lumpkin side of a line commencing at Powell Owenby's stables in the county of Hall, and thence running straight to the corner of Habersham and Lumpkin on the Hall county line, shall be taken from the county of Hall and added to the county of Lumpkin. SECTION 2. And be it further enacted by the authority aforesaid, That the Inferior Court of the county of Lumpkin be and and they hereby are authorized immediately after the passage of this act to have the line aforesaid run out by the county surveyors of the counties of Hall and Lumpkin at the charge of the last named county. SECTION 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. Approved, February 1, 1850. AN ACT to alter and change the line between the counties of Murray and Walker, so as to include lots of land numbers fifty-four, fifty-five, fifty-six, and the east half of lot number fifty-three, in the seventy-seventh district and third section now Walker county, in the county of Murray, and for other purposes therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives

Page 136

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, lots of land numbers fifty-four, fifty-five, fifty-six, and the east half of lot number fifty-three, in the twenty-seventh district and third section now in the county of Walker, shall be and the same is hereby attached to and become a part of the county of Murray, so as to include the present residence of Miles J. Abernathy. SECTION 2. And be it further enacted, That the said Miles J. Abernathy shall be entitled to all the rights and privileges, and be subject to all the liabilities of any other citizen of said county of Murrayany law, usage or custom to the contrary notwithstanding. Approved, February 22, 1850. AN ACT to change the boundary line between the counties of Cobb 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 line dividing the counties of Cobb and Paulding shall be so altered as to add lot of land number one hundred and twenty-seven in the second district of the third section of originally Cherokee, but now Paulding county to Cobb county. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, December 14, 1849. AN ACT to change the lines of the counties of Ware and Telfair, and Ware and Appling, for certain purposes therein specified. SECTION 1. Be it enacted 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 lines between the counties of Ware and Telfair shall be changed so as to add the residence of Hampton Tanner and Archibald Davis of the county of Telfair to the county of Ware; also, the line between the counties of Ware and Appling shall be changed so as to add the residence of Randal J. Davis, and Joseph Hiers, sr., and Joseph Hiers, jr., of the county of Appling, to the county of Wareany law to the contrary notwithstanding. Approved, February 11, 1850.

Page 137

AN ACT to change the line between the counties of Gwinnett and Jackson, so as to add the residence of Dilmus L. Jarrett of the county of Gwinnett to the county of Jackson. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that the line between the counties of Gwinnett and Jackson be and the same is hereby changed so as to add the residence of Dilmus L. Jarrett of of the county of Gwinnett to the county of Jackson. SECTION 2. And be it further enacted, That all laws or parts of laws militating against this act be and the same are hereby repealed. Approved, December 21, 1849. AN ACT to change the line between the counties of Sumter and Marion, so far as to add the lot of land in Sumter county, whereon William Aycock and Isaac Aycock now reside, to the county of Marion. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That from and after the passage of this act, the lot of land in the county of Sumter whereon William Aycock and Isaac Aycock now reside, shall be added to and become a part of the county of Marion, and that the said William Aycock and Isaac Aycock shall hereafter enjoy and exercise all the rights of citizenship in the said county of Marion: Provided, That the provisions of this act shall cease so soon as both the above named persons shall have removed from said landall laws or usages to the contrary notwithstanding. Approved, February 22, 1850. AN ACT to add a part of the county of Henry to the county of Butts, and to designate the time for holding elections for county officers in the county of Gordon for the year 1850. Be it enacted by the Senate and House of 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 county line between the counties of Butts and Henry be and the same is hereby altered so as to include the residences of A. P. Johnson, William Young,

Page 138

Andrew J. Grimmet, William B. Shields, Paschal H. Jackson, Jonathan Collins, George R. Lewis, Minton Jinks, Jesse Hendly, Isaac N. Bishop, and Martin Couger, now in the county of Henry, and that their residences and the lands on which they now reside, be added to and become a part of the county of Butts. Aad be it further enacted by the authority aforesaid, That the persons included within the county of Gordon, entitled to vote for members of the General Assembly, shall on the first Monday in May next (instead of the first Monday in February next, as authorized by the act laying off and organizing said county,) elect five Justices of the Inferior Court, a Clerk of the Superior and Inferior Courts each, a Sheriff and Coroner, a Tax Collector and Receiver of Tax Returns, and a County Surveyor. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to add the present residence of Stephen Hurst, senior, of Irwin county, to the county of Baker. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the present residence and premises of Stephen Hurst, senior, of the county of Irwin, be and it is hereby added to the county of Bakerany law to the countrary notwithstanding. Approved, February 23, 1850. AN ACT to add lot of land No. 6, in the twenty-second district of originally Muscogee, now Harris county, to the county of Talbot; and also the lot of land whereon William Stead now lives in the county of Marion to the county of Talbot, and the premises of H. M. Newton, A. C. Stone and James Parks, of the county of Lumpkin, to be added to and become a part 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 lot of land No. 6, in the twenty-second district of originally Muscogee, now Harris county, be taken from the county of

Page 139

Harris and be added to the county of Talbot; and also that the lot of land whereon Wm. Stead now resides in the county of Marion be added to the county of Talbot. SECTION 2. And be it further enacted, That the premises of H. M. Newton, A. C. Stone, and James Parks, of the county of Lumpkin, be added to and become a part of the county of Forsyth. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to change the line between the counties of Gwinnett and Walton, so as to include the residence of Alexander Forrister in the county of Walton, and the residence of John McCurdy in the county of Gwinnett. SECTION 1. Be it enacted by the Senate and House of 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 line between the counties of Gwinnett and Walton be and the same is hereby so altered so as to include the residence of Alexander Forrister, now of the county of Gwinnett, in the county of Walton. SECTION 2. And be it further enacted by the authority aforesaid, That the lot of land and premises whereon John McCurdy now resides in the county of Walton be and the same are hereby altered so as to add the residence of the said John McCurdy to the county of Gwinnett. SECTION 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. Approved, January 26, 1850. AN ACT to add a part of the county of Muscogee to the county of Marion, 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, all that part of the county of Muscogee lying and being in the following described boundary, viz, commencing at the south-west corner of Marion county, thence due west to the south-west corner of lot of land number one hundred and thirty-eight,

Page 140

in the thirty-second district of originally Lee, now Muscogee county, thence due north to lot of land number one hundred and seventy in the tenth district of Muscogee county, thence due east to the line of Marion county. SECTION 2. And be it further enacted, That an election precinct is hereby established at Pineville on lot of land number one hundred and sixty-four, in the thirty-second district of Marion county. SECTION 3. 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. Approved December 21, 1849. AN ACT to change the time of holding the Supreme Court at Cassville and Gainesville, and the Superior Court of Franklin 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 first day of May next, the sessions of the Supreme Court shall be held on the third Monday in April and October, for the fourth district, composed of the Western and Cherokee circuits, alternately at Cassville and Gainesville, instead of the fourth Monday in March and September, as heretofore. SECTION 2. And be it further enacted, That from and after the passage of this act, the Superior Court shall be held in and for the county of Franklin, on the fourth Monday in March and September in each year. Approved, February 23, 1850. AN ACT to amend the several acts in relation to the Supreme Court, so far as they relate to the Reporter and Assistant Reporter. SECTION 1. Be it enacted by the Senate and 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 not be lawful for the Reporter of the Decisions of the Supreme Court of this State, or his Assistant, in any case hereafter to incorporate into, or publish with the decisions of said Court, or to insert into any volume of said reports, any argument or brief of Counsel farther than a simple statement or brief of the authorities referred to by said Counsel, and the points made. Approved, February 23, 1850.

Page 141

AN ACT in relation to the Supreme Court of this State. WHEREAS it is essential to the proper administration of the laws, that the sessions of the Supreme Court be held at such places as will afford the Judges the use of [Illegible Text] libraries, which is not the case under existing laws, 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 all bills of exceptions, writs of error and citations in or from the Supreme Court shall be amendable without delay or cost in conformity to the record or cause below. SECTION 2. And be it further enacted, That the Clerk of the Supreme Court shall in all cases retain the bill of exceptions in his office, and send up a copy thereof to the Supreme Court as a part of the transcript of the record, and no costs shall be charged in the Supreme Court for a copy of the bill of exceptions. Approved, February 23, 1850. AN ACT to change and fix the time of holding the Superior Courts in the counties of Cobb, Campbell, Carroll, Heard and Troup, of the Coweta Circuit, 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 after the passage of this act, the Superior Court in the county of Cobb shall be held on the first Monday in April and October in each and every year, and hold two weeks in said county of Cobb, if necessary, to do the business before said Court; in the county of Campbell on the third Monday in April and October in each and every year; in the county of Carroll on the fourth Monday in April and October in each and every year; in the county of Heard on the first Monday in May and November in each and every year, and hold two weeks in said county of Heard; and in the county of Troup on the third Monday in May and November in each and every year, and hold two weeks in said county of Troup, if necessary, to do the business before said Court; and that all writs, bills, processes, declarations and other proceedings returnable to said Courts at the time of heretofore holding the same, be taken and considered as returnable to said Courts at the time specified in this act for said Courts to be holden.

Page 142

SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, February 11, 1850. AN ACT to change the time of holding the Superior Court of the county of Appling, and to extend the time of holding the Superior Court 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 time of holding the Superior Court of the county of Appling, shall be changed from Thursday after Monday in Ware, to the Monday after the Monday in Ware. SECTION 2. And be it further enacted, by the authority of the same, That it shall be lawful for the Superior Court of the county of Ware to sit six days, if the business of said Court require it. SECTION 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 are hereby repealed. Approved, February 5, 1850. AN ACT to alter and fix the times for holding the Inferior Courts of Baker 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 Inferior Court of Baker county shall commence on the Tuesday after the first Monday in March and September of each year, and that all writs, precepts and process, and other matters, returnable to said Court, shall be returned in accordance with the alterations herein made. Approved, February 5, 1850. AN ACT to fix the time of holding the Superior and Inferior Courts of the county of Clinch, and to change the time of holding the Superior Court 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, That

Page 143

from and after the passage of this act, the Superior Court of the county of Clinch shall be held on Monday after the Monday in Lowndes, and the Inferior Court shall, be held on the second Monday in April and October. SECTION 2. And be it further enacted, That the time of holding the Superior Court of the county of Ware shall be changed from Monday after the Monday in Lowndes, to Thursday after the Monday in Clinch. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to alter and fix the times of holding the Superior Courts of the counties of Pulaski, Telfair, and Irwin. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the time of holding the [Illegible Text] [Illegible Text] the counties of Pulaski, Telfair and [Illegible Text] [Illegible Text] as follows: In the county of Pulaski, on the [Illegible Text] [Illegible Text] in April and October; in the county of [Illegible Text] [Illegible Text] [Illegible Text] fourth Mondays in April and October; and in [Illegible Text] county of Irwin on the Thursdays after the fourth Mondays in April and October of each year. SECTION 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. Approved, February 11, 1850. AN ACT to alter and fix the times of holding the Superior Courts in certain counties in the Cherokee Circuit; also, the Superior and Inferior Courts of Columbia county, and the Inferior Court of Richmond 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 [Illegible Text] and after the passage of this act, the Superior Court of the county of [Illegible Text] shall be held on the fourth Monday in March and September, and for the county of Walker on the second Monday in April and October, and for the county of [Illegible Text] on the third Monday in April and October, and for the county of [Illegible Text] on the fourth Monday in April and October,

Page 144

and for the county of Floyd on the third Monday in January and July, and for the county of Paulding on the first Monday in May and November. SECTION 2. And be it further enacted, That the Superior Court of the county of Columbia shall hereafter be held on the third Monday in March and September in each year, and the Inferior Court of said county on the first Monday in February and July in each year. SECTION 3. And be it further enacted, That the Inferior Court of the county of Richmond shall hereafter be held on the Tuesday after the first Monday in March and September in each year; and that all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, January 18, 1850. AN ACT to change the time of holding the Inferior Court of 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 aforesaid, That from and after the passage of this act, the time of holding the Inferior Court for the county of Troup shall be altered and changed from the third Monday in January and June in each year, to the first Monday in February and August; and that all declarations, writs and other proceedings returnable to said Court on the third Monday in January and June be taken, held and considered as made returnable to said Court on the first Monday in February and August. SEC. 2. And be it further enacted, That all laws and parts of laws repugnant to this act be and the same are hereby repealed. Approved, December 8, 1849. AN ACT to alter and fix the times of holding the [Illegible Text] Courts of Decatur and Baker counties, and to provide [Illegible Text] the drawing of separate panels of Jurors for the county Baker. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Spring term of Decatur Superior Court shall commence on the first Monday in June, and the Fall term of said Court shall commence on the first Monday in December in each and every year; and

Page 145

the Spring term of Baker Superior Court shall commence on the second Monday in June, and the Fall term thereof shall commence on the second Monday in December, to be held each term for the space of two weeks, if the Court business should require it, providential causes only excepted. SECTION 2. And be it further enacted, That separate and distinct panels of Grand and Petit Jurors shall be drawn for every term in the same manner as said Jurors are now drawn, one panel of Grand and Petit Jurors to serve the first week of said Baker Court, and to be thence discharged for the term, and the other or second panel of Grand and Petit Jurors to serve the second week of said Baker Court; and all of said Jurors shall be summoned to serve in such manner. SECTION 3. And be it further enacted, That all writs, bills, precepts, subp[oelig]nas and processes returnable to said Court, shall be returned and served in accordance with this change, all laws to the contrary notwithstanding. Approved, February 22, 1850. AN ACT in relation to the holding of the Inferior Courts and Courts of Ordinary of Glynn 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 it shall and may be lawful for the Inferior Courts and Courts of Ordinary of the county of Glynn to be hereafter held in the Clerk's office building, in the town of Brunswick, instead of the Court-house, if said Courts respectively shall so determine. Approved, December 14, 1849. AN ACT to alter the time of holding the Inferior Courts for the counties of Gilmer and Harris, and the Inferior Court of Richmond 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 time of holding the Inferior Court in and for the county of Gilmer, are hereby altered and changed from the first Monday in January to the second Monday in January, and the Inferior Court of Harris, from the fourth Monday in June and December, to the fourth Monday in July and January.

Page 146

SECTION 2. And be it further enacted by the authority aforesaid, That the Inferior Court of Richmond county shall hereafter hold its sessions on the Thursday after the first Monday in March and September in each year, and that all writs and other process heretofore issued and returnable to that or a different time, shall be held and considered as properly returned to said Court. 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. Approved, February 6, 1850. AN ACT to change the time of the sitting of the Court of Ordinary so far as relates to the county of Bulloch. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the passage of this act, the time for holding the Court of Ordinary in the county of Bulloch be changed from the second to the first Monday in January. SECTION 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. Approved, February 14, 1850. AN ACT to be entitled an act to alter and change the times of holding the Inferior Courts of Paulding and Floyd counties, and the Superior Courts of Lumpkin 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 time of holding the Inferior Courts of the county of Paulding shall be on the third Mondays in February and August, instead of the third Mondays in May and November. SECTION 2. And be it further enacted by the authority aforesaid, That all writs, precepts and processes whatsoever, issued returnable to the May term next of said Court, and all Jurors and witnesses summoned to attend at the May term, shall attend at the February term as provided for by this act. SECTION 3. And be it further enacted, That the Inferior Courts of the county of Floyd shall be held hereafter on the second Mondays in March and September, instead of the times new fixed by law for holding said Courts.

Page 147

SECTION 4. And be it further enacted by the authority aforesaid, That the Superior Courts of Lumpkin county shall hereafter be held on the first Monday after the fourth Mondays in February and August. SECTION 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. Approved, February 23, 1850. AN ACT to make all writs, precepts and other instruments returnable to the Superior Courts of the county of Floyd at the time the said Courts are held, and prescribe the mode of drawing the Jurors for the same, and to amend an act passed January, eighteen hundred and fifty, in relation to the time of holding said 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 all writs, precepts and instruments of whatever kind heretofore issued, or hereafter to be issued, from the Superior Courts of Floyd county, shall be held and considered as returnable to the said Courts at the time now fixed by law for the holding of the same. SECTION 2. And be it further enacted by the authority aforesaid, That all persons summoned, subp[oelig]naed or bound as witnesses, suitors or jurors, or in any other capacity, shall attend said Superior Courts at the time now fixed by law, and that the Judge of said Courts shall draw Jurors as now designated by law. SECTION 3. Whereas, the said act of January, eighteen hundred and fifty, prescribes that the Superior Courts for the county of Floyd shall be holden on the third Mondays in January and July, Be it further enacted, That the said acts shall mean and be construed to mean, the third Mondays in January and July in each and every year. Approved, February 23, 1850. AN ACT to authorize and require the Judge of the Superior Courts in the Coweta Circuit to hold Court in the county of DeKalb, two weeks at each term of said Court, unless the business of said Court can be done in a shorter time, and to provide for the same. SECTION 1. Be it enacted by the Senate and House of Representatives

Page 148

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 Judge of the Superior Courts of the Coweta circuit, from and after the passage of this act, to hold the Superior Court in the county of DeKalb, two weeks at each term thereof, unless the business in said Court is gone through in a shorter time. SECTION 2. And be it further enacted by the authority aforesaid, That it shall be the duty of said Court at each term hereafter, to draw two panels of Grand and Petit Jurors, one for the first week, and one for the second week, and cause them to be summoned as such. SECTION 3. And be it further enacted by the authority aforesaid, That it shall be the duty of the Justices of the Inferior Court of DeKalb county, or a majority of them, together with the Clerk of the Superior Court and Sheriff of said county, on the first Tuesday in January next, to draw a panel of Grand and Petit Jurors for the second week of the next term of the Superior Court for the county of DeKalb, and it shall be the duty of the Sheriff of said county to summon said Jurors for the second week of said Court. SECTION 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. Approved, December 19, 1850. AN ACT to alter and amend the several acts of the State providing for the organization of Land Courts, so far as relates to the county of Emanuel. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be lawful for the Justices of the Peace in each district to hold a Land Court in and for their several districts, which Courts shall be held upon the regular Court days of the respective districts, and they are hereby empowered to issue land warrants for head rights upon application for any ungranted lands in their respective districts, according to the laws now in force relative to the issuing of head rights, and that said Justices shall, in their own districts, have and exercise all the powers, and perform all the duties heretofore had and performed by Land Courts. SECTION 2. And be it further enacted, That the said Justices in their respective districts, shall be required to keep a book of record of all head rights to land issued by them.

Page 149

SECTION 3. And be it further enacted, That the compensation [Illegible Text] allowed to the Clerk of the Land Court for each head right, be allowed the Justices of the Peace holding their Courts according to the provisions of this act. Approved, February 11, 1850. AN ACT to authorize certain deeds to be read in evidence and to make legal the registry of the same. SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, any deed, bill of sale, or any other conveyance of real or personal property, heretofore or hereafter made, executed according to the laws of this State, and the execution thereof has been or hereafter may be proved upon the oath of one of the subscribing witnesses before the Clerk of the Superior Court of any county in this State, or by him and another witness, attested heretofore or hereafter recorded, may be read in evidence in any Court of this State, without further proof of execution, and that such recording of the same shall be legal to all intents and purposes. Approved, January 16, 1850. AN ACT to regulate the admission of deeds in evidence in certain cases therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That any deed or conveyance heretofore made of lands in this State, or which shall hereafter be made, purporting to be duly proven, and which has been or may hereafter be recorded within twelve months from its date, or within the time prescribed by law, without having the probate recorded, may at any time hereafter be again recorded with such probate in the county where the land conveyed may lie, or in the county where the deed may have been or may hereafter be first recorded; and when so again recorded with the probate shall be admitted in evidence, and have the same lien and validity without further proof, as if the probate had been recorded with the first record of said deed. SECTION 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. Approved, January 17, 1850.

Page 150

AN ACT to extend the provisions of an act passed on the 31st December, 1838, entitled an act to admit deeds, mortgages, and bills of sale to be proven and recorded, and to admit them or their copies in evidence in the courts of law and equity in this State, and to authorize the proof, recording and reading in evidence of certain other instruments. Be it enacted by the Senate and 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 proviso contained in the first section of said act be and the same is hereby repealed, and that said act (other than said proviso) be and the same is hereby extended to all cases in which [Illegible Text], mortgages and bills of sale have been heretofore or may be hereafter executed, proved or recorded, as is authorized by said act. And be it further enacted, That when a deed of conveyance or bill of sale has been or may be executed in another State, the same may be proved by the affidavit of a subscribing witness, as in other cases, before a judicial officer of this State, and shall be recorded and read in evidence without further proof. Approved, January 16, 1850. AN ACT to prevent the killing of deer at certain periods in the county of Richmond. SECTION 1. Be it enacted by the Senate and 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 or persons shall, within the limits of the county of Richmond, by the use of fire-arms or other weapon, kill any doe, buck or fawn, or any sort of deer whatsoever, except only between the last day of August and the first day of April of each and every year, he, she or they so offending shall forfeit and pay the sum of twenty dollars for each and every such offence, to be sued for and recovered with cost of suit in an action of debt by any person before any Justice of the Peace of the district in which the offender may reside, or by indictment in the Superior Court of Richmond county; one-half of the money shall be for the benefit of the person prosecuting the same, and the remainder paid over to the Justices of the Inferior Court, to be added to the Poor School Fund of said county: Provided, That nothing in this act shall be so construed as to restrain persons from killing deer within their own enclosures. Approved, January 18, 1850.

Page 151

AN ACT amendatory of an act assented to on the 17th December, 1847, entitled an act to authorize parties to compel discoveries at common law. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, whenever any party plaintiff or defendant in any action at common law pending in any Superior or Inferior Court of this State, shall wish to avail himself or herself of the provisions of the act assented to on the 17th December, 1847, entitled An act to authorize parties to compel discoveries at common law, it shall and may be lawful for such party to make out and present his or her interrogatories to the Court in which such action is or may be pending to the Judge of the Superior Court or a Justice of the Inferior Court in vacation, and when such interrogatories are presented in vacation, and are allowed by such Judge or Justice, the said Judge or Justice shall make and grant an order requiring the adverse party to answer the same in writing in solemn form on oath or affirmation, which order, together with said interrogatories shall be returned to the Clerk of the Court in which such action is pending, and shall be filed in his office, and the said order shall be as good and effectual to compel the discovery sought for as if the same had been granted in Courtany law, usage or custom to the contrary notwithstanding. SECTION 2. And be it further enacted, That when the plaintiff in any cause shall reside out of the county in which the action may be pending, a service of a copy of said interrogatories and order upon the attorney of the plaintiff shall be sufficient service on such plaintiff. SECTION 3. And be it further enacted, That the provisions of the act amended by this act and of this act shall be applicable to the Court of Common Pleas of the city of Augusta and to the Court of Common Pleas and Oyer and Terminer of the city of Savannah. SECTION 4. And be it further enacted, That where it shall be made to appear to the Court that the time allowed for the answer to the interrogatories to come in shall from any cause not be sufficient, the Court may allow such further time as the circumstances of the case may require. Approved, February 23, 1850. AN ACT in relation to Divorces. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from

Page 152

and after the passage of this act, the following shall be the grounds or legal principles upon which divorces from the bonds of matrimony shall be granted, to wit: 1stly. Intermarriage by persons within the levitical degrees of consanguinity or affinity. 2ndly. Mental incapacity at the time of marriage. 3rdly. Impotency at the time of marriage. 4thly. Force, menaces or duress in obtaining the marriage. 5thly. Pregnancy of the wife at the time of marriage without the knowledge of the husband. 6thly. Adultery in either of the parties after the marriage. 7thly. Wilful and continued desertion by either party for the term of three years. 8thly. The conviction of either party of an offence involving moral turpitude, and under which he or she is sentenced to imprisonment in the Penitentiary for the term of two years or longer. SECTION 2. And be it further enacted, That in case of cruel treatment on the part of one toward the other of the parties, or of habitual intoxication, the jury may, according to the circumstances of such case, determine whether the divorce shall be from the bonds of matrimony or from bed and board. SECTION 3. And be it further enacted, That if the adultery, or desertion, or treatment, or intoxication complained of, shall have been occasioned by the collusion of the parties, and done with an intention of causing a divorce, or if the party complaining was consenting thereto, or if both parties have been guilty of like conduct, then no divorce shall be granted. SECTION 4. And be it further enacted, That all other grounds than those stated in the first and second sections of this act shall only be causes for divorce from bed and board. SECTION 5. And be it further enacted, That all laws now of force in relation to divorces and the form of proceedings necessary to obtain them, that are not inconsistent with this act, be and the same are continued in full force. Approved, February 22, 1850. AN ACT in relation to the assignment of Dower. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That in all cases where commissioners are appointed to assign dower to any widow, and there shall be two or more tracts of land of her deceased husband in the county, they shall be

Page 153

and are hereby authorized, if in their judgment it will promote the interest of all parties concerned, to assign and lay off to such widow her dower in one of said tracts instead of each, allowing to her such portion thereof as will be a just and fair equivalent for the dower in all said tracts. SECTION 2. And be it further enacted, That such commissioners, whether there be one or more tracts of land, shall, if they deem it of advantage to all parties concerned, with the consent of the widow and the legal representative of her deceased husband, ascertain and assign to her a sum of money to be paid to her by such legal representative in lieu of dower in any or all of said tracts of land in the county, which sum shall be paid to her when the report of said commissioners is made the judgment of the Court. Approved, February 23, 1850. AN ACT to amend the several acts in relation to the assignment of dower. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that persons applying for dower, under the above recited section, it shall only be necessary for the applicant to give the representative of such estate twenty days' written notice of such intended application, instead of giving all the parties notice as now required by law. SECTION 2. And be it further enacted, That in all cases where commissioners are appointed to assign dower to any widow, and there shall be two or more tracts of land of her deceased husband in the same county, they shall be and are hereby authorized, if in their judgment it will promote the interest of all parties concerned, to assign and lay off to such widow her dower in one of said tracts instead of each, allowing to her such portion thereof as will be a just and fair equivalent for her dower in all of said tracts, the widow having the right to select the tract from which her dower may be laid off. SECTION 3. And be it further enacted, That such commissioners, whether there be one or more tracts of land, shall, if they deem it of advantage to all parties concerned, with the consent of the widow and the legal representative of her deceased husband, ascertain and award to her a sum of money to be paid to her by such legal representative, as an equivalent for and in lieu of dower in any or all of said tracts of lands in the county, which sum shall be paid to her when the report of said commissioners is made the judgment of the Court.

Page 154

SECTION 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. Assented to, February 21, 1850. AN ACT to incorporate the Southern Education Society. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That J. N. Cate, G. W. Selvidge, D. A. Anderson, A. E. Vanderver, Z. H. Gordon, E. M. Galt, C. C. Hammond, Joseph S. Baker, D. A. Walker, John Crawford, and their successors, be and are hereby declared a body politic and corporate by the name and style of the Southern Education Society, and by that name shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to use a common seal, and to make by-laws and regulations for the government and management of their affairs; and may have and hold, use, sell and convey, property and estate, real, personal and mixed, with all the rights, powers and privileges of an incorporated association necessary and proper to enable them to carry into effect the purpose and objects of their association; and any five or more of said Trustees, who shall consent to act as Trustees, shall constitute a quorum for the transaction of business. Approved, February 23, 1850. AN ACT to amend the second and fourth sections of an act to provide for the education of the poor, assented to 27th of December, 1843. SECTION 1. Be it enacted by the Senate and House of 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 ages of the children required by the second section of the act of which this is amendatory to be returned to the Inferior Courts by the Justices of the Peace or other persons in the several militia districts, shall be between the ages of six and sixteen years, and that the ages of the poor children required by the fourth section of the same act to be reported by the Justices of the Inferior Court of each county to his Excellency the Governor, shall be between the ages of six and sixteen yearsany former acts on this subject to the contrary notwithstanding. Approved, February 14, 1850.

Page 155

AN ACT to provide for the education of the poor, so far as the counties of Rabun and Union are 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 an election be held in each militia district in the counties of Rabun and Union, at the usual place of holding Justices' Courts, on the first Saturday in every other January thereafter, by the persons entitled to vote for members of the General Assembly, for a treasurer in each respective district to receive and receipt for the portion of the poor school funds to which said districts are entitled. SECTION 2. And be it further enacted by the authority aforesaid, That the person receiving the highest number of votes shall be declared elected treasurer of said district, and shall hold his office for the term of two years, and shall be commissioned by the Justices of the districts, upon his giving bond with good and sufficient sucurity for double the supposed amount due to said district, which bond shall be made payable to the Inferior Court, and liable to be sued upon for a breach thereof. SECTION 3. And be it further enacted by the authority aforesaid, That the Inferior Courts of said counties are authorized and it is hereby made their duty to pay to the treasurer of each district their proportional share of said school fund. SECTION 4. And be further enacted by the authority aforesaid, That the said treasurer shall pay to the teachers of poor children in their respective districts pro rata the amount received from the Inferior Courts, upon their presenting their accounts authenticated as directed by law. SECTION 5. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, December 21, 1849. AN ACT for the relief of poor children in the county of Gwinnett. WHEREAS the Justices of the Inferior Court of the county of Gwinnett did fail to make a return of the poor children in said county for the year 1848, who are entitled to the benefit of a portion of the funds set apart for the education of poor children, within the time prescribed by law, by means whereof no part of such fund was allowed them for that year: 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

Page 156

in the distribution of said fund for the year 1849, the amount which is and was due said county of Gwinnett, as a poor school fund for the year 1848, according to the return made for theat year, but not within due time, be first allowed and paid out of the general fund, and that the balance be distributed according to the law now of force for the distribution thereofany law, usage, or custom to the contrary notwithstanding. Approved, December 20, 1849. AN ACT to authorize and require the Justices of the Peace of their several districts in the counties of Lumpkin and Union to examine and pass upon the qualification of the teachers of the poor school children. SECTION 1. Be it enacted by the Senate and House of 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 Justices of the Peace in their respective districts in the counties of Lumpkin and Union to examine and pase upon the qualifications of the teachers of the poor children. SECTION 2. And be it further enacted, If said Justices should disagree as to the qualification or capacity of any teacher, then and in that case it shall be lawful for them to choose three fit and proper persons residing in said district to assist them in said examination, upon which a majority shall govern in all such cases. SECTION 3. And be it further enacted, That the said Justices, or other persons so examining said teachers, or a majority of them, shall give to the said teacher a certificate authorizing them to teach such school, designating the settlement or place where such school is to be taught. SECTION 4. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to amend an act to establish a general system of education by common schools in the State of Georgia, so far as relates to the county of Murray. WHEREAS under the existing law it is the duty of the Justices of the Inferior Court, or a majority of them, in the several counties in this State, to appoint fit and proper

Page 157

persons in their county to act as commissioners; and whereas great negligence accures with the courts in the discharge of their duty, whereby the benevolent institutions of the law are perverted, and which deprives the indigent children from receiving the benefit of the funds set apart for their education; and whereas great impositions are practised by incompetent teachers for the want of a scientific board of commissioners to examine into the qualifications of teachers, at least so far as the county of Murray is concerned, 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 J. A. W. Johnson, Dawson A. Walker, John C. Birch, John A. Tyler, and William R. Bernier be and they are hereby constituted a board of commissioners for the county of Murray, whose duty it shall be to appoint a clerk whose duty it shall be to act as treasurer of the poor school fund of said county, who shall give bond and security to said commissioners and their successors in office, in such sum as they may think sufficient for the faithful performance of the duties of his office and appointment, and the said clerk as aforesaid shall receive two and a half per cent. for receiving and two and a half for disbursing said poor school funds, and shall take and subscribe on oath faithfully and impartially to discharge the duties of clerk and treasurer of the poor school fund of Murray county to the best of his skill and power. And it shall be the duty of the person so appointed to apply for, receive and pay out all monies coming to the county for which he is appointed out of said fund in such manner as the commissioners may order and direct, and shall enter all orders passed by them for that purpose in a book kept by him, and the book of the said clerk and treasurer shall be deposited in the Clerk's office of the Superior Court of Murray county, and may be sued on, and shall be recoverable in any court of law or equity in this State having cognizance of the same. SECTION 2. And be it further enacted, That the said Board, or a majority of them, shall have power to fill all vacancies which may occur in their body by removal, death, resignation, or otherwise. SECTION 3. And be it further enacted, That all teachers of poor children for the county of Murray, other than teachers of academies, shall, before he receives pay for the tuition of the poor children of Murray county, undergo an examination by the Board of Commissioners for the poor school fund, or a majority of them, and should they in their judgment after such examination think such teacher or teachers incompetent or unworthy to receive said tuition for the want of capacity,

Page 158

moral character, or otherwise, said teacher shall be disqualified from receiving pay for such tuition. The said Board shall meet the first Monday in March and every six months thereafter, if necessary, in Spring Place in Murray county, for the purposes contained in said act. SECTION 4. And be it further enacted, That nothing in this act shall be so construed as to the manner and form of the returns of the Justices of the Peace, as pointed out in the general law for the education of the poor children of the State of Georgia. SEC. 5. And be it further enacted, That all laws and parts of laws repugnant to this act be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to amend an act to provide for the education of the poor, assented to the 27th of December, 1843, so far as relates to the county of Warren, and also to regulate the distribution of the poor school fund where returns are not made. SECTION 1. Be it enacted 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 all cases where the Justices of the Inferior Court of Warren county shall appoint commissioners or other persons to superintend the proper application of the poor school fund and the education of the poor as provided in said recited act, they shall allow such persons so appointed such compensation for their services as the said Justices may in their discretion think proper, and that the person or persons so appointed shall give bond and security to the said Justices and their successors in office for the faithful discharge of their duties, which said bond may be sued on by the said Justices or their successors in office, and the amount received thereon shall be applied to and become a part of the said poor school fund for said county. SECTION 2. And be it further enacted, That in case of failure to make return of the number of poor children to the Governor, no county shall be deprived of its portion of the poor school fund under the distribution of 1850 or any subsequent year, but the Governor shall allow to such county such sum upon the apportionment as it shall be entitled to, taking the last return made from such county of the number of poor children in lieu of the one that should be made. SECTION 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. Approved, January 18, 1850.

Page 159

AN ACT to authorize and require the Justices of the Inferior Courts of Gilmer and Walker counties to proportion the poor school fund of said counties among the several districts agreeable to the number of poor children returned by the magistrates, and to appoint a treasurer to receive and pay out the same to the teachers of each district. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same. That the Justices of the Inferior Courts of Gilmer and Walker counties be and they are hereby authorized and required to proportion the poor school fund of said counties among the diferent districts agreeable to the number of poor children returned by the Justices of the Peace in said counties. SECTION 2. Be it further enacted, That the Justices of the Inferior Courts are hereby required to appoint a treasurer in each district of said counties, to receive and pay out said fund to the teachers thereof, any law to the contrary notwithstanding. Approved, February 14, 1850. AN ACT for the relief of the teachers of poor children of the county of Hall for the year eighteen hundred and forty-five. SECTION 1. Be it enacted by the Senate and 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 said county be and they are hereby required to pay the teachers of poor children in said county for the year eighteen hundred and forty-five out of any surplus which may arise after the payment of all accounts for teaching poor children for the year eighteen hundred and forty-nine, or any subsequent year, until all the accounts for said year of eighteen hundred and forty-five be fully paid. SECTION 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. Approved, February 22, 1850. AN ACT to impose certain additional duties upon the treasurer and the trustee, or person or persons having charge of the poor school fund of Burke county.

Page 160

SECTION 1. Be it enacted by the Senate and House of 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 treasurer of Burke county and the trustee or other person having charge of the poor school fund of said county, to make out annually a balance sheet or statement of the amount of money received by them, and from what source it was received; also the amount of money paid out by them, and to whom paid, and on what account it was paid, which said balance sheet shall be laid before the Grand Jury of the said county at the November term of Superior Court of said county, said account to be made out from November first to thirty-first of October, inclusive, each and every year, and the said Grand Jury shall be empowered to call for the vouchers of either of these officers whenever desired. SECTION 2. And be it further enacted, That when any trustee of the poor school fund or county treasurer of said county shall lend out or otherwise dispose of the funds in their hands, and shall on that account be unable to pay proper orders drawn upon them or settle with their successors in office in cash, they shall forfeit all of their commissions on said funds, and the Inferior Court of said county may issue execution against such trustee or treasurer immediately for the amount which ought to be in their hands respectively. SECTION 3. 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. Approved, January 26, 1850. AN ACT to alter and amend the poor school laws now in force, so far as respects the county of Dooly. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Justices of the Inferior Court of Dooly county shall receive the amount of the poor school fund which may be apportioned to said county, and may appoint a treasurer for the keeping of said fund, and take his bond with good and sufficient security, payable to the said Justices of the Inferior Court and their successors in office, in the sum of five hundred dollars, which bond shall be recorded in the Clerk's office of the Superior Court of said county, and filed in said office. SECTION 2. And be it further enacted, That the said Justices of the Inferior Court shall advertise on the first Monday in January in each and every year in every district of Georgia

Page 161

Militia in said county for the teachers of the poor children in said county to present to the Clerk of the Inferior Court their accounts for the tuition of said children for the preceding year, by the first Monday of February thereafter, and the said Justices of the Inferior Court shall apportion the amount of funds received pro rata among the persons presenting such accounts: Provided, said teachers shall have taught said children the whole time that they taught school for that year, or so much of said time as their parents could or would send them. SECTION 3. And be it further enacted, That it shall be the duty of said Justices of the Inferior Court, within ten days after receiving said poor school fund, to advertise the same in each militia district from which accounts have been presented, and shall at any time thereafter pay off said accounts: Provided, said accounts do not amount to more than the per diem pay now allowed by law for teaching said children; and after paying said accounts, should there be any surplus funds remaining from that year or any previous years, the said Justices of the Inferior Court are authorized to pay out the same to accounts for previous years, having due regard to seniority of said accounts. SECTION 4. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. Approved, December 20, 1849. AN ACT to change the time for holding elections for members to represent the people of this State in the Congress of the United States. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the election for members of the United States Congress shall be held on the first Monday in October, in the year eighteen hundred and fifty-one, and on the first Monday in October every two years thereafter, any law, usage or custom to the contrary notwithstanding. SECTION 2. And be it further enacted, That in case of an extra session of the Congress of the United [States] before the first day of November in any year in which said election is to take place, as provided in the foregoing section, it shall be the duty of his Excellency the Governor to issue his proclamation, ordering an election for Representatives in Congress in time for such extra session, on such a day as he may deem advisable, and the election held on

Page 162

such day, shall be held, conducted and the proper returns made to the Governor, as if the same were held at the regular time fixed by law. SECTION 3. And be it further enacted, That all laws or parts of laws militating against this act be and the same are hereby repealed. Approved, February 6, 1850. AN ACT to fix and make permanent the places of holding elections in the several precincts in the county of Murray and the county of Dade. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, all elections at each and every of the [Illegible Text] in the county of Murray, shall be holden at the places of holding Justices Courts in the districts in which said election precincts may be now or hereafter respectively situated. SECTION 2. And be it further enacted by the authority aforesaid, That in the event of the change of the militia districts in said county, so as to remove any election precinct as now or may hereafter be established by law, from one district to another, the place of holding elections in said election precinct shall be the place of holding Justices Courts in the district in which said precinct may be located by such change. SECTION 3. And be it further enacted by the authority aforesaid, That all and singular the provisions of this act are hereby extended to the county of Dade. SECTION 4. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 5, 1850. AN ACT to compensate the managers of elections in 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 consolidating managers of elections in the county of Wayne shall be entitled to receive out of the County Treasury of said county, two dollars each, as a compensation for their services as managers as aforesaid.

Page 163

SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to close elections at the precincts in the county of Sumter at the hour of five o'clock, P. M. SECTION 1. Be it enacted by the Senate and House of 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 at the precincts in the county of Sumter shall be closed at the hour of five o'clock in the afternoon. SECTION 2. 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. Approved, February 5, 1850. AN ACT to change and fix the time of closing the polls in several election precincts in the county of Bulloch, so far as relates to the election of all county officers, Governor of the State, members to Congress and members to the Legislature, and to authorize the Superintendents of said elections at the Court-house to count out and consolidate the returns of said elections on the same day; Provided, the election returns from the several precincts should arrive at the Court-house in time for them so to do. SECTION 1. Be it enacted by the Senate and House of 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 Superintendents of the several election precincts in the county of Bulloch be and they are hereby authorized to close the polls at all elections for county officers, Governor of the State, members to Congress and members of the State Legislature, at the hour of three in the afternoon; and the Superintendents at the Court-house are authorized to count out and consolidate the returns from the several precincts in said county, with those polled at the Court-house, on the same day that said elections are held; Provided, their returns from the precincts should arrive at the Court-house in time for them so to do. SECTION 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. Approved, January 31, 1850.

Page 164

AN ACT to abolish, change and establish new election precincts in the counties hereinafter named, and to confer certain powers upon the Interior Courts, and to authorize three freeholders to manage and superintend elections 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, an election precinct be established at Long Cane post-office, in the county of Troup, to be known as Long Cane precinct; and that the election precinct in Elbert county known as the Academy precinct be changed and removed to the factory at Anthony Shoals in said county; and that the election precinct in the first district in the county of Irwin be changed and removed to the Law Ground of said first district; and that an election precinct be established at the house of Jas. Harrison, in the twenty-first district of Stewart county; and an additional election precinct at Western's Cross Roads, in said county of Stewart, in the nineteenth district; and an election precinct be and the same is established at the house of Thomas Majors in the 1034th dist. G. M. in the county of Marion; and that the election precinct heretofore established at Choice's Store, be and the same is hereby removed to the place of holding Justices' Courts in the 415th dist. G. M., in the county of Gwinnett; and that there be an additional election precinct established at the house of William Kembell, to be known as the Locust Grove precinct, in Henry county. SECTION 2. And be it further enacted, That an election precinct be and the the same is hereby established at Laney's Mills in the county of Harris; and that the election precinct in the 763d dist. G. M., in Thomas county, be removed and hereafter held on lot of land 398 in the 10th district of originally Irwin, now Thomas county, and at the place of holding [Illegible Text] Courts for said district; and that an election precinct be established at the place of holding Justices' Courts in the 585th dist. G. M., Dooly county; and that an election precinct be established at the house of Mathew Johnson, in Henry county. SECTION 3. And be it further enacted, That an election precinct be and the same is hereby established at the house of Andrew Brownings, in the county of DeKalb; and that the election precinct near the Courthouse at Trickum in 807th dist. G. M., in Marion county, be and the same is hereby removed to the house of Jesse Wall, 961st dist. G. M., in Marion county; and that the election precinct known as Cross Roads in the 683d dist., G. M., in the county of DeKalb, be removed to Lithonia post office in said county and district.

Page 165

SECTION 4. And be it further enacted, That the precinct heretofore held at the house of Michael McElwreath in the 730th dist. G. M., in the county of Campbell, be and the the same is hereby removed to the place of holding Justices' Courts in said district, any law to the contrary notwithstanding. SECTION 5. And be it further enacted, That an additional precinct is hereby established at Salem Academy in the 183d dist. G. M., in the county of Lincoln. SECTION 6. And be it further enacted, That the places of holding Justices' Courts in each militia district which now are or may be hereafter established in said county of Heard, are hereby constituted election precincts, at which all elections may be held. SECTION 7. And be it further enacted, That the Inferior Court of the county of Heard shall have authority, upon the application of a majority of the citizens of any militia district, to remove any of the places of holding Justices' Courts and precincts to any more central or convenient place in such district by an order of court, which shall be entered on the minutes. SECTION 8. And be it further enacted, That the election precincts herein established, or which may be hereafter established, shall be governed by the laws now of force for governing elections. SECTION 9. And be it further enacted, That from and after the passage of this act, there shall be established an additional election precinct in the county of Clark, at the store of Thomas F. Lowe, and the name of said precinct shall be called Rockwell. SECTION 10. And be it further enacted, That from and after the passage of this act, there shall be an election precinct at Fayewell in the county of Marion. SECTION 11. And be it further enacted, That from and after the passage of this act, the election precinct of the 763d dist. G. M., of Thomas county, shall be fixed at the place where the Justices' Court for said district is held, any law to the contrary notwithstanding. SECTION 12. And be it further enacted, That from and after the passage of this act, an election precinct shall be established at the house of Noah Griffin, in the 10th district of the county of Lowndes. SECTION 13. And be it further enacted, That the election precinct heretofore established and known as Smith's precinct be, and the same is hereby removed to the usual place of holding Justices' Court in the 434th dist. G. M.; and also, that the election precinct heretofore established and known as Tucker's Chapel precinct [Illegible Text] and the same is hereby removed to the usual place of holding Justices' Court in the 570th dist. G. M., both of said precincts in the county of Hall.

Page 166

SECTION 14. And be it further enacted, That from and after the passage of this act, there shall be an additional election [Illegible Text] at Tunnell [Illegible Text], in the 872d dist., G. M., in the county of Murray; and also an additional election precinct at the house of Samuel R. McCamy, in the 11th district of said county of Murray. SECTION 15. And be it further enacted, That the election precinct heretofore established at Holt Clanton's in the county of Columbia be, and the same is hereby changed to the place fornerly known as Darby's, on the Washington road, now owned by Henry J. Smith, in said county. SECTION 16. And be it further enacted, That each place of holding a Justices' Court in each militia district in the county of Dade is hereby declared to be an election [Illegible Text] and all precincts now established, which are not at a place of holding a Justices' Court in said county, are hereby abolished. SECTION 17. And be it further enacted, That the election [Illegible Text] now held at the house of Daniel Granthom, sen., be changed to the place of holding the Justices' Courts in in the [Illegible Text] dist. G. M., in Irwin county. SECTION 18. And be it further enacted, That the election [Illegible Text] heretofore established at Teloga Springs, in the county of Chattooga, be removed to the place of holding Justices' Courts in the 927th dist. G. M. in said county; and also that additional election [Illegible Text] be established at Trio Factory, in the 870th dist. G. M., and at Cooper Loveless' house, in the 5th district of said county of Chattooga. SECTION 19. And be it further enacted, That the Inferior Courts of the several counties in this State shall have power to establish election [Illegible Text] in their respective counties, not to exceed one in each militia district, and to change the same upon the recommendation of the Grand Jury. SECTION 20. And be it further enacted, That in each election [Illegible Text] in this State, it shall be lawful for three freeholders to manage any election which may be held in such district, in case there is no Justice of the Inferior Court or Justice of the Peace present; and in any such case either of such freeholders shall authorized to administer any oath which it is necessary to administer for the purposes of such election; and the said three freeholders shall certify said election, as in other cases, which shall be as valid as if it had been [Illegible Text] by a Justice of the Inferior Court or Justice of the Peace and two freeholders. SECTION 21. And be it further enacted, That at said election [Illegible Text] there may be held elections for Governor, Members to Congress, Electors of President and Vice-President of the United States, Members to the State Legislature, and all county officers. Approved, February 11, 1850.

Page 167

AN ACT to establish, change and abolish election precincts in certain counties therein specified, and to define the place of holding Justices Courts in certain districts therein designated. SECTION 1. Be it enacted by the Senate and House of [Illegible Text] of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, all elections for Governor, members of Congress, members of the Legislature, elections to vote for electors of President and Vice President of the United States, and all officers, shall and may be held at the following places in the several counties hereinafter named, viz: In the county of Chattooga, at Trion Factory, in the 870th district, G. M., and at Cooper Loveless, in the fifth district in said county; in the county of Greene [Illegible Text] Merrell in said county; in the county of Floyd at the house of Rufus Barker, the place of holding Justices' Court in the 924th district, G. M., in said county; and when any new district shall hereafter be laid off in said county, it shall and may be lawful to hold elections for any of the above mentioned purposes at the place of holding Justices' Court in such district or districts; in the county of Stewart at the place of holding Justices' Courts in the twenty-fourth district in said county; in the county of Ware at the house of John F. Sweat, and also at the place of holding Justices' Courts in any new district which may hereafter be laid off in said county; in the county of Forsyth at the house of Charles S. [Illegible Text] in what is commonly called Holbrook's district in said county; in the county of Hall at the house of Allen Langford, to be known as War Hill precinct; and that the [Illegible Text] now established at the house of William Cowey, in the 829th district, G. M., be removed to Cave Spring in said district. SECTION 2. And be it further enacted, That the election precinct heretofore established and known as Flower's [Illegible Text] in the county of Jones, be and the same is hereby removed to the house of Thomas L. Burden in said county; that the election [Illegible Text] at Lebanon, in the county of Cobb, be and the same is hereby removed to the house of John G. Felton, a place of holding [Illegible Text] Court in said county: that the election [Illegible Text] heretofore established at Teloga Springs, in the county of Chattooga, be removed to the place of holding Justices' Court in the 927th district, G. M., in said county; that the election [Illegible Text] heretofore established at the Court-ground in the 74th district of the county of Burke, be removed to Cowart's Store, at the cross roads near Burke Camp Academy in said district and county; that the election precinct heretofore established at Dearsville, in the county of Randolph, be removed to the house of [Illegible Text] Mobley in said county, and the place for holding

Page 168

Justices' court for the sixth district of said county, shall hereafter be at the house of said Watley Mobley in said district. SECTION 3. And be it further enacted, That the election precint heretofore established in the 8th district of Pulaski county, be and the same is hereby located and fixed at the place of holding Justices' Court for said district; that the election [Illegible Text] at the house of Samuel Hodges in the 11th district of Dooly county, be and the same is hereby removed to the house of Richmond Dozier, in the 13th district of said county. SECTION 4. And be it further enacted, That the place of holding Justices' Courts in the 537th district, G. M., in the county of Upson, and the election precinct for said district, shall hereafter be at the house of Malachi Irwin in said county; that the election [Illegible Text] heretofore established at Adairsville, in the 856th district, G. M., in the county of Cass, be and the same is hereby removed to the depot in said district, known as Wattsville or New Adairsville; and the precinct heretofore established in the 337th district; G. M., of the county of Telfair, be removed from the present place of holding elections in said district, to the place of holding Justices' Courts in said district; that the election [Illegible Text] heretofore established at Trickham, in 807th district, G. M., in the county of Marion, be and the same is hereby removed to the house of Jesse Wall, in the 961st district, G. M., in said county. SECTION 5. And be it further enacted, That the election [Illegible Text] heretofore established at the house of B. Story, in the 710th district G. M., in the county of Marion, be abolished; and that the 10th section of an act entitled an act to establish sundry election [Illegible Text] in the counties therein named, and to remove certain other election precincts therein specified, approved Dec. 30th, 1847, be and the same is hereby repealed, so far as relates to the county of [Illegible Text]. SECTION 6. And be it further enacted, That the election [Illegible Text] now established at the house of Thomas Wilson, in the county of Ware, be and the same is hereby removed to the house of John Taylor, in the 1050th district, G. M. SECTION 7. And be it further enacted, That whenever any new Militia District shall hereafter be laid off by law, in the county of Floyd, it shall and may be lawful to hold elections for the purposes herein specified, at the place of holding Justices' Courts in said districts. SECTION 8. And be it further enacted, That there shall be an election [Illegible Text] in each of the Militia Districts of Heard county at the usual place of holding Justices' Courts in said districts; also, a [Illegible Text] at a place known as Cross Keys, in Captain Tuck's district in Franklin county. SECTION 9. And be it further enacted, That the [Illegible Text]

Page 169

established at the house of Isaiah Hollingsworth, in Henry county, be and the same is hereby removed to the house of Luke Johnson, lot number 185 in the 12th district of said county. SECTION 10. And be it further enacted, That the elections that may be held at the several precincts established by this act, shall be conducted in the same way, and governed by the same laws that are now in force regulating elections in the aforesaid counties, or other counties having election districts, any law to the contrary notwithstanding. Approved, February 21, 1850. AN ACT to create one additional election precinct in the county of Washington, and to change various election precincts 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, there shall be an additional election [Illegible Text] at the house of Matthew Mills, the place of holding Justices' Courts in the one hundred and thirty-sixth district, G. M., in the county aforesaid, under the rules and regulations of precinct elections. SECTION 2. And be it further enacted by the authority aforesaid, That immediately after the passage of this act, the precinct heretofore known as Brown's or Cumming's [Illegible Text] in the ninety-sixth (96th) district, G. M., be and the same is hereby removed to the house of Joseph Williams, the place of holding Justices' Courts in said district; also, the [Illegible Text] heretofore established at the store-house of Josey Smith, in the 92d company district, G. M., that the same is hereby removed to the house of Quinny Lamb, the place of holding Justices' Courts in said district; also, the election [Illegible Text] heretofore established at Snow Hill, in the 93d company district, G. M., be removed to the house of Mrs. Rebecca Harmon, the place of holding Justices' Courts in said district; and the place known as Youngblood's precinct be removed to the store of W. W. Buck, the place of holding Courts. SECTION 3. Be it further enacted by the authority aforesaid, That the precincts in the several militia districts before mentioned shall follow the Justices' Courts in the said districts, and that all elections hereafter to be held for electors of President and Vice President, for Governor, Members of Congress, Members of the State Legislature, county offlicers, c. shall be held at the places before mentioned until changed by authority of this act, and that all elections held

Page 170

at the court grounds in said districts in terms of the law shall be held and deemed legal. SECTION 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. Approved, February 22, 1850. AN ACT to abolish the election precincts at the houses of Theodorick Montford and R. A. Hall in the county of Talbot, and to establish a precinct at McCant's Mills, the place of holding Justices' Courts in the 757th district, G. M. SECTION 1. Be it enacted by the Senate and 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 election precincts at the houses of R. A. Hall and Theodorick Montford, in the county of Talbot, be and the same are hereby abolished; and that an election precinct be and the same is hereby established at McCant's Mills, the place of holding Justices' Courts in the 757th district, G. M. in said county of Talbot. SECTION 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. Approved, February 1, 1850. AN ACT to remove certain election precincts therein named, and to establish others. SECTION 1. Be it enacted by the Senate and 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 election precinct of the 96th district of the county of Washington be and the same is hereby removed from the residence of Ely Cumming to the residence of Joseph Williams, the district court ground in said district; and that the election precinct in the 17th battalion, G. M., of the county of Burke, be and the same is hereby removed to Cowart's store in said battalion; and that the election precinct of the 904th district, G. M., of the county of Lowndes, be removed from the present place authorized by law for holding elections in said district, and located at Prescott's store on the western bank of the Allapaha river opposite the mouth of Troublesome [Illegible Text] in said district and county of Lowndes.

Page 171

SECTION 2. And be it further enacted, That the election precinct known as the West Vernon precinct, in the 735th district, G. M., of Troup county, be and the same is hereby moved to and shall hereafter be held at Whiteshill, the place of holding the Justices' Court in said district; and that the [Illegible Text] of the election precinct known as Holefield's store, in the [Illegible Text] district, G. M., Troup county, shall be and is hereby changed to the name of Antioch. SECTION 3. And be it further enacted, That the election precinct now established at Baker's store, in the county of Habersham, be and the same is hereby removed to the house of Fountain G. Moss of said county. SECTION 4. And be it further enacted, That an election precinct be and is hereby established in the 381st district, G. M., in the county of Camden, at the house of Isham Peoples of said county. SECTION 5. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to remove an election precinct in the county of Carroll. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the election precinct in the seventh district of Carroll county be and the same is hereby removed to the place of holding Justices' Courts in said districtany law to the contrary notwithstanding. Approved, February 1, 1850. AN ACT to establish additional election precincts in the county of Habersham. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That in all elections held after the passage of this act, it shall be lawful for precinct elections to be held at [Illegible Text] Law Ground, and at the place of holding Magistrates' Courts at or near Cool Spring in said county. SECTION 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. Approved, December 14, 1849.

Page 172

AN ACT to alter and amend an act to explain an act to regulate escheats in this State, and to appoint escheators, passed the thirteenth day of December, in the year eighteen hundred and sixteen, so far as to allow bastards or natural born children of widows, to inherit from their mother, under certain circumstances therein specified. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, all bastards or natural born children of widows, when said widows shall die intestate, shall inherit the real and personal estate of their deceased mothers, acquired and accumulated during widowhood, equally with the child or children of said widows born in lawful wedlockany law, usage or custom to the contrary notwithstanding. Approved, February 11, 1850. AN ACT to incorporate the Georgia Exporting Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Gustavus [Illegible Text] Charles Fendly and Duff Green, or any two of them are hereby authorized and empowered to open books of subscription at such times and places as they may deem expedient, and that the owners of the shares hereinafter authorized to be created, shall be and are hereby made a body politic and corporate in law and in fact, under the name and style of The Georgia Exporting Company, and by that name may sue and be sued, answer and be answered unto, plead and be impleaded, and appear and prosecute to final judgment in any Court or elsewhere, may have a common seal and alter the same at pleasure, and may elect in such manner as they shall determine all necessary officers, and fix their compensation, and define their duties, and ordain and establish by-laws for the government and regulation of their affairs, and repeal and alter the same, with power and authority to purchase, use, transfer, sell, convey and otherwise dispose of estate, real, personal, and mixed, and to acquire such lands, tenements and hereditaments, and all such property of every kind as shall be necessary or useful for the purposes of said corporation; and also such other lands, tenements, hereditaments, or property as shall be taken in payment of or as security for debts due to the said Company; and to use, manage, dispose of, transfer, and convey the same at pleasure; and to possess, exercise,

Page 173

and enjoy such other powers and privileges and immunities as are necessary and proper to them as an incorporated company. SECTION 2. And be it further enacted, That the business of the said company shall be to deal in agricultural produce, and also in merchandize, manufactures, live stock, and all other articles and commodities which it may be lawful for individuals to purchase and sell; and for this purpose they may deal and carry on their business in this State. SECTION 3. And be it further enacted, That the capital stock of said company shall consist of one hundred shares of one thousand dollars each, which may from time to time be increased as the Directors may deem expedient, provided the same shall at no time exceed one thousand shares; and when fifty shares shall have been subscribed, and ten per cent, thereon paid in, the shareholders may proceed to organize the company by the election of not less than three, nor more than five Directors, who shall choose one of their number to be President, and shall hold their offices until their successors be duly elected and qualified. SECTION 4. Be it further enacted, That the stock of the company shall be deemed personal property and transferable on the books of the company in such form as the Directors may prescribe, and such corporation shall at all times have a lien upon all the stock of each shareholder and upon all their other property invested in the company, for the payment of all debts due to the company by such shareholder. SECTION 5. And be it further enacted, That if the capital stock of said company be withdrawn and refunded to the stockholders before the payment of all the debts of the company for which their stock would have been liable, the stockholders shall be liable to such creditor in an action founded on this act, to the amount of the sum refunded to them respectively as aforesaid: Provided always, That if any such stockholder shall be compelled by any such action to pay the debts due to any creditor, or any part thereof, he shall have the right by bill in equity to call upon all the stockholders to whom any part of said stock has been refunded to contribute their proportional part of the sum paid by him as aforesaid. SECTION 6. And be it further enacted, That if the Directors of the said company shall declare and pay a dividend when the corporation is insolvent, or any dividend the payment of which would render it insolvent, knowing such corporation to be insolvent, or the payment of such dividend would render it so, the Directors assenting thereto shall be jointly and severally liable in an action founded on this statute for all debts due from such corporation at the time of declaring such dividend: Provided, nevertheless, Each Director present at the time of declaring such dividend

Page 174

shall be held as assenting thereto, unless his protest is regularly filed and entered on the books of the company. SECTION 7. And be it further enacted, That the General Assembly may for just cause rescind the powers hereby granted, and prescribe such mode as may be necessary or expedient for the settlement of the affairs of the company. Approved, February 23, 1850. AN ACT to authorise all persons whatever to establish ferries and [Illegible Text] bridges across water courses or streams on their own lands, and to define the terms upon which they may establish 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 aforesaid, That from and after the passage of this act, all persons whatever who may be owner or owners of any lands through which a water course or stream may pass, shall have full power and authority to establish any ferry or ferries, bridge or bridges, across the same on his, her, or their own land, at his, her, or their own expense, and shall have full power and authority to charge such toll for crossing at the same as he, she, or they may think proper: Provided, That he, she, or they shall not any time increase the rates of toll at said ferry or bridge without giving at least thirty days public notice of such intention to increase said toll before the increase shall take effect: And provided further, That in all cases when the owner or proprietors of any such ferry or bridge shall demand such rates of toll thereat as shall be deemed by any person excessive and a public grievance, such person or persons shall have the right to apply to the Justices of the Inferior Court of the county where the same may be located, specifying the ground or cause of the complaint, and it shall be the duty of the Justices of the Inferior Court of the county where either bridge may be to enquire into the matter, and if in their opinion the toll charged at any such ferry or bridge is excessive, they shall have full power and authority to reduce the same to such prices as they may deem just and proper. SECTION 2. And be it further enacted by the authority aforesaid, That no person whatever shall be permitted to stop up or obstruct any ford on any stream by the establishment of any ferry, the erection of any bridge, or otherwise, upon any public road. Should they do so, he, she, or they being thus guilty, shall be subject to indictment and punishment for a misdemeanor according to the laws of this State now

Page 175

of force: Provided further, That should any person or persons be desirous to discontinue any ferry or bridge occupied by them under the provisions of this act, he, she, or they shall be required to give public notice of such intention by an advertisement posted on the Courthouse door of the county for six months previous to discontinuance: Provided, nothing in this act shall be so construed as to interfere with any right conferred by any charter heretofore granted by the Legislature, or by the order of any Inferior Court in this State. SEC. 3. And be it further enacted by the authority aforesaid, That all laws and parts of laws whatever, which militate against the provisions of this act, be and the same are hereby repealed. Approved, February 22, 1850. AN ACT to authorize and empower John S. Rowland to establish a ferry or build a bridge across the Etowa river on his own land in Cass county, and to take 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 from and after the passage of this act, it shall and may be lawful for John S. Rowland to establish a ferry or build a bridge on his own land in Cass county, and to demand and receive such tolls for crossing the same as the Inferior [Illegible Text] of Cass county may authorize and establish. Approved, December, 20, 1849. AN ACT to authorize Frederick A. Williams to [Illegible Text] a ferry or bridge across the Chattahoochee river on his own land. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, Frederick A. Williams, of the county of DeKalb in this State, shall be entitled to erect a ferry or bridge across the Chattahoochee river on his own land, in the counties of Cobb and DeKalb, and fix such rates of toll as are now fixed by law for Montgomery's ferry, across the same stream and in the same counties. SECTION 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. Approved, January 18, 1850.

Page 176

AN ACT to authorize Osburn Reaves to establish a ferry across the Oostanaula river, in Cass county, on fractions of lots Nos. 322 and 323, lying between the 14th and 15th districts of the third section. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Osburn Reaves of the county of Cass be authorized to establish and keep up a ferry across the Oostanaula river in the county of Cass, on fractions of lots Nos. 322 and 323, lying between the 14th and 15th districts of the third section, which ferry shall be under the same regulations as to the rates of toll that are now charged at the present ferry of the said Osburn Reaves across the said river of Oostanaula in said county; and that the said last mentioned ferry be discontinued, and no longer kept up. Approved, February 14, 1850. AN ACT to authorize William Ezzard, Administrator on the estate of A. [Illegible Text]. Greene, late of DeKalb county, deceased, and Allison, Nelson to establish a ferry or bridge across the [Illegible Text] river. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That after the passage of this act, William Ezzard, Administrator on the estate of A. H. Greene, late of DeKalb county, deceased, and Allison Nelson of the county of Cobb, be and they are hereby authorized to erect a ferry or bridge across the Chattahoochee river, in the counties of Campbell and Cobb, on the lands belonging to the said estate in Campbell, and to the said Nelson [Illegible Text] Cobb county, and that they be allowed to fix such rates of [Illegible Text] as are now allowed by law at Montgomery's ferry on the same streamall laws to the contrary notwithstanding. Approved, February 11, 1850. AN ACT to authorize Mark Water and Company to establish a ferry across the Chattahoochee river, on their own land, in the counties of Gwinnett and 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 authority of the same, That

Page 177

from and immediately after the passage of this act, Mark Water and Company be and they are hereby authorized and empowered to establish a ferry across the Chattahoochee river, on their own land, in the counties of Gwinnett and Forsyth; and that the said Mark Water and Company, their heirs and assigns, be and they are hereby authorized and empowered to demand and receive the same rate of ferriage as is usual at ferries above or below on said river. SEC. 2. And be it further enacted, That all laws or parts of laws militating against to this act be and the same are hereby repealed. Approved, December 14, 1849. AN ACT to authorize Samuel C. Lippit to establish a ferry across Flint 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 after the passage of this act, that Samuel C. Lippit be authorized to establish a ferry across Flint river, on his own land; the landing of said ferry on the east side of said river to be upon fraction number one hundred and eighty-eight in the fifteenth district of Dooly [Illegible Text]; and to collect such tolls as are by law allowed to be collected by other ferries on said river. SECTION 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. Approved December 20, 1849. AN ACT to authorize John C. Rodgers, Ezekiel H. Adams and Edward Brooks of Macon county, to establish a ferry across Flint river, on their own land, to be located on fractions sixty-six in the first, and two hundred and thirty-six in the fifteenth districts 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 aforesaid, That from and after the passage of this act, John C. Rodgers, Ezekiel H. Adams and Edward Brooks, of Macon county, be and they are hereby authorized and empowered to establish a ferry across Flint river, on their own lands, to be located on fractions sixty-six in the first, and two hundred and thirty-six in the fifteenth districts of said county.

Page 178

SECTION 2. And be it further enacted by the authority aforesaid, That the said John C., Ezekiel [Illegible Text]., and Edward, and their heirs and legal representatives, be entitled to demand and receive from all persons crossing at said ferry, the same rates of toll or ferriage allowed at the ferry at Traveller's Rest on said river. Approved, February 14, 1850. AN ACT to authorize William S. Hamill, sen., to establish a ferry across Flint 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 William S. Hamill, sen., be authorized to establish a ferry across Flint river, on his own land, at or near the mouth of Hog Crawl creek, and to receive the usual tolls allowed by law to other ferries on said river. Approved, December 20, 1849. AN ACT to authorize Daniel R. Turner, of the county of Cobb, and James L. Mayson, of the county of DeKalb, to establish a ferry or bridge on the Chattahoochee river. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the said Daniel R. Turner and James L. Mayson, their heirs and assigns, be and they are hereby authorized to establish and keep up a ferry or bridge on the Chattahoochee river, in the counties of Cobb and DeKalb, on fractions two hundred and eighty-four in the eighteenth district of originally Cherokee, now Cobb county, and number nineteen in the fourteenth district of originally Fayette, now DeKalb county, they being lands belonging to said Turner and Mayson. SECTION 2. And be it further enacted by the authority aforesaid, That the said Daniel R. Turner and James L. Mayson, their heirs and assigns, be fully authorized to demand and receive ferriage for crossing at said ferry, or toll at said bridge, at the rates herein established as follows, to-wit: For each foot passenger, six and a quarter cents; for each horse and rider, twelve and a half cents; for each gig or sulkey, twenty-five cents; for every cart and horse twelve and a half cents; for every cart and two horses, eighteen and three-fourth cents; for every wagon and team, fifty

Page 179

cents; for every four wheel pleasure carriage, fifty cents; for every stage or carriage of like description, fifty cents; for every two horse wagon, thirty-seven and a half cents; for every four wheel wagon drawn by one horse, eighteen and three quarter cents; for each head of stock or neat cattle, two cents; for each head of hogs or sheep, one cent: Provided , also, That said Daniel R. Turner and James L. Mayson shall be responsible for accidents that may occur in passing said ferry, on account of negligence or inability of the ferry-man. Approved, February 21, 1850. AN ACT to authorize James Brewer and William Brewer to establish a ferry across the Altamaha river at Oglethorpe Bluff, and for other purposes therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the passage of this act, that permission be and the same is hereby granted to James Brewer and William Brewer to establish a ferry across the Altamaha river, at Oglethorpe Bluff, and that they be allowed to charge and receive the same rate of toll or ferriage as is allowed at Beard's Bluff ferry: Provided, they shall at all times keep sufficient water crafts and in good order: Provided, further, that the said ferry shall not interfere with the rights of land holders on the north side of said river. Approved, February 21, 1850. AN ACT to authorize Jesse P. Prescott, of the county of Lowndes, to establish a ferry over the Alapaha river on his own land, and to prescribe the rates of ferriage, 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 Jesse P. Prescott be and he is hereby authorized and empowered to establish a ferry across the Alapaha river, on his own land, and that the said Jesse P. Prescott, his heirs and legal representatives, be entitled to ask, take and receive from all persons crossing at said [Illegible Text], the same rate of toll or ferriage that is by law allowed or established at other public ferries on said river in this State. SECTION 2. And be it further enacted, That the said Jesse

Page 180

P. Prescott shall be held responsible for all losses or damages which may be sustained in consequence of negligence or the improper conduct by the keeper of said ferry while owner thereof. Approved, February 23, 1850. AN ACT to regulate the fees of Attorneys and Solicitors General, and other purposes therein specified. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, From and after the passage of this act, that out of any monies arising from fines imposed, inflicted or collected on forfeited recognizances in the Superior Courts of this State, or for violation of the penal laws thereof, the Attorney or Solicitor General bringing the money into Court, shall be entitled to have his insolvent list for costs first paid, then the orders of former Solicitors to be paid according to priority of claim. SECTION 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. Approved, December 20, 1849. AN ACT to amend the several acts now in force regulating the fees of Magistrates and Constables in the State of Georgia, so far as relates to the county of Chatham, and to provide for the mode of collecting 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 fees of Magistrates and Constables in civil, criminal and cases of misdemeanor, shall be as follows, viz: Justices of the Peace Fees in Civil Cases. For every warrant, summons, writ, affidavit, execution, bond, fi fa, ca sa, certificate or copy thereof, each, 31 For every cause tried by the Magistrate or Jury, 31 For drawing Jury and making out venire, 62 For entering up judgment by default, 31 For every subp[oelig]na for witness 16 For taking interrogatories and certifying the same, 1 25 For issuing process under rent law of 1827, 1 00 For distress warrant, 1 25 For witnessing any instrument of writing, 31

Page 181

For every exemplification, copy of office or Court papers, for every hundred words, 10 For every stray horse, mare, colt, filly, ass or mule, brought before them, to be paid by the taker up, 93[frac34] For each head of neat cattle, sheep, goat or hog, 7[frac34] For each head of neat cattle, sheep, goat or hog advertised, 31 For their commission in all estrays sold by them 6 per cent. Constable's Fees in Criminal Cases. For serving writs, summons, or subp[oelig]na, each, 31 For each additional copy, 31 For serving a distress warrant or writ of possession, 1 25 For ca sa, fi fa, or attachment and advertisement, 31 For taking possession of property under the above, 31 For each honest debtor's bond, 1 25 For each bail bond, 62 For each day's attendance on the Superior or Inferior Courts, 1 00 For summoning a Jury, 62 For every cause tried by a Jury or Magistrate, 31 Justices of the Peace Fees in Criminal Cases. For a warrant, 1 25 For a recognizance, 31 For a subp[oelig]na, 16 For drawing Jury and making out venire, 62 For issuing notice to Magistrates, or for taking examination of defendants, prisoners or witnesses, each, 25 For attending an examination of a defendant or prisoner, and for presiding on the trial of a slave or free person of color, each, 1 00 For issuing notice to a party defendant, or owner of a slave, each, 62 For every exemplication 10 cents per hundred words, and for the certificate, 31 Constable's Fees in Criminal Cases. For serving a warrant, 1 25 For conveying a prisoner to jail, per mile, 05 For every twenty-four hours having in custody a prisoner before examination or trial, 1 00 For whipping a slave or free person of color by sentence of Court, 1 35 For attending at a Magistrate's Court during the examination of a defendant or prisoner, or at the trial of a slave or free person of color, each, 1 00 For serving a notice on Magistrate or owner of a slave, 25 For bringing up defendant or [Illegible Text] from jail for examination or trial, 75 For summoning a Jury in every case or trial, 1 00 For serving each subp[oelig]na, 31

Page 182

SECTION 2. And be it further enacted by the authority aforesaid, That when any person or persons is or are arrested under a charge of felony or misdemeanor and enters into bond, he, she or they shall pay the magistrate and constable costs. SECTION 3. And be it further enacted by the authority aforesaid, That if any person or persons is or are convicted, upon an examination, of any felony or misdemeanor, and has or have no property to satisfy the costs, it shall be lawful for the magistrate and constable to receive their fees for the services rendered from the county, and it shall be the duty of the Justices of the Inferior Court to pay said fees out of the county funds within a reasonable time thereafter. SECTION 4. 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. Approved, December 19, 1849. AN ACT for the relief of Ellen B. Kennedy. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened, and it is hereby enacted by the authority of the same, That from and after the passage of this act, Ellen B. Kennedy of the county of Bibb, the wife of William C. Kennedy, be and she is hereby authorized to contract and be contracted with as a feme sole, and to carry on business on her own account, and for her own use and benefit, notwithstanding her coverture; and that her future acquisition of money or property of any kind shall not be liable for the debts or contracts of her said husband. Approved, February 11, 1850. AN ACT to make Nancy Waters, the wife of James Waters, and Candace R. Carter, wife of John Carter of Talbot county, free dealers. SECTION 1. Be it enacted by the Senate and House of 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, Nancy Waters, the wife of James Waters of the county of Cass, shall be and is hereby declared to be a free dealer, with power to purchase and hold property, contract and be contracted with, to sue and be sued in her own name, notwithstanding her coverture.

Page 183

SECTION 2. And be it further enacted, That the property which may be hereafter acquired by the said Nancy in her own name, shall not be liable for the debts, contracts or obligations of her said husband. SECTION 3. And be it further enacted, That all the privileges herein granted to the said Nancy Waters, be and the same are hereby extended to Candace R. Carter, wife of John Carter of the county of Talbot. SECTION 4. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT for the relief of Mary Louisa Pritchard. SECTION 1. Be it enacted by the Senate and House of 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, Mary Louisa Pritchard, wife of Edward Pritchard, of the county of Clark, be and she is hereby authorized to contract and be contracted with as a feme sole, and to carry on business on her own account, and for her own use and benefit, notwithstanding her coverture; and that her future acquisitions shall not be liable for the debts or contracts of her said husband. Approved, December 14, 1849. AN ACT to authorize the raising and establishing a Fire Company in the city of Atlanta. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be lawful for any number of persons not exceeding thirty, who shall be citizens of this State, and inhabitants of the city of Atlanta, to form and associate themselves together as a fire company, under the style and denomination of the Fire Company of the city of Atlanta; and they are further authorized to elect from among themselves, in like manner as is provided in the militia law, officers to command them, not exceeding four, who shall be commissioned by the Governor of the State. SECTION 2. And be it further enacted, That during the existence of said company, the persons belonging to it shall be exempt from jury duty, and except in cases of invasion, alarm, or war, from militia duty.

Page 184

SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to incorporate the Fire Company of the town of Athens, to be known by the name and style of the Athens Fire Company number one, and to grant to them certain privileges and exemptions, and to authorize the Intendants and Wardens of said town of Athens to levy and collect a tax for the establishment and maintenance of a Fire Department in said town. SECTION 1. Be it enacted by the Senate and House of Represcntatires of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That A. K. Childs, William P. Sage, H. Sidney Hughes, John B. Cobb, H. J. Adams, R. L. Bloomfield, Thomas U. Camak, [Illegible Text] L. Moss, James Camak, John W. Goss, and their associates and successors are hereby declared to be a body corporate in deed and in name, under and by the name and corporate style of The Athens Fire Campany Number One, and by that name shall have perpetual succession of officers and members, and by said name shall sue and be sued, plead and be impleaded in any Court of Law or Equity in this State, and shall have power to make and use a common seal, and the same to change or alter at pleasure, and the full and complete power of establishing, changing and amending such constitution, by-laws and regulations as may be framed and adopted by the officers and members of said company: Provided, that such constitution, by-laws and regulations be not inconsistent with the Constitution of and laws of this State or of the United States. SECTION 2. And be it further enacted, That said company shall have power and may be capable of receiving and holding by purchase, gift, grant or otherwise, all such lands and tenements, or either real or personal property as may be necessary and convenient for the more effective discharge of the duties of said company. SECTION 3. And be it further enacted, That the said company may impose fines and enforce the collection of the same by any means not inconsistent with the laws of this State, and may also expel members with a forefeiture of all interest in said company, under such rules and regulations as are or may be by said company established. SECTION 4. And be it further enacted, That should the funds of said company enable them to purchase property at any time, they are hereby authorised to purchase and hold any

Page 185

real or personal property, and also to receive any donations, legacies and bequests which may at any time be made to it, to be held, used and enjoyed for the purpose hereinafter mentioned; that is to say, the rents, issues and profits of all such property, real or personal, as said company shall purchase or be interested in, and all the interest of such loans as it may make, shall be used and applied to the purposes of relieving the wants and distresses of its members, their widows and orphans, and for no other use or purpose whatsoever; Provided, that nothing in this section shall be construed to forbid said company making such appropriations out of the proceeds of any property it may hold, as may be necessary for keeping the same in efficient operation. SECTION 5. And be it further enacted, That the said Fire Company hereby incorporated shall be under the supervisory and control of the Intendant and Board of Commissioners of the town of Athens, and shall on the first Monday in January, annually, report to said Board of Commissioners the state of their funds, their receipts and disbursements, and the general condition of the company. SECTION 6. And be it further enacted, That for the encouragement of said company, the officers and members of the same shall be exempt from patrol, militia and jury duty: Provided, that said company shall not exceed at any one time sixty members. SECTION 7. And be it further enacted, That the Intendants and Wardens of the town of Athens be and they are hereby authorized and empowered levy and collect an additional tax of fifty per cent on the amount at present authorized by law, (exceptinga a poll tax) for the purpose of establishing and maintaining a Fire Department in said town. Approved, February 11, 1850. AN ACT to incorporate the Washington Fire Company of the city of Savannah, Ga. WHEREAS certain persons, citizens of Savannah, have associated themselves by the name and style of the Washington Fire Company of the city of Savannah, Ga., and have by their petition set forth that they have formed themselves into an association to prevent, if possible, by their exertions and aid, the frequent calamities by fire in the city of Savannah, and pray to be incorporated for the purposes aforesaid: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

Page 186

and it is hereby enacted by the authority of the same, That all those persons, not exceeding thirty-two in number, who now are or hereafter shall be members of said company or association, be and the same are hereby declared to be a body politic and incorporate in deed and in law by the name and style of the Washington Fire Company of the city of Savannah, Georgia; and the said corporation, by its said name and style, shall have power and authority to make, ordain and establish all such rules, regulations and by-laws as they may deem expedient and proper, and not repugnant to the laws of the land: And provided always, That the said Washington Fire Company shall faithfully perform the duties of firemen, and be subject to the direction of the chief or commanding fireman of the Savannah fire companies, of which companies the first two officers of the said Washington Fire Company of the city of Savannah, Georgia, shall be ex officio additional members, and subject to all its rules and regulations; and that nothing in this act shall be so construed as to make the Washington Fire Company of the city of Savannah, Georgia, independent of the City Council of Savannah, but that it shall be subject to such ordinances of said Council as now are or hereafter may be made. SECTION 2. And be it further enacted by the authority aforesaid, That all the officers and members of the aforesaid company be exempt from militia and jury duty in time of peace. SECTION 3. And be it further enacted by the authority aforesaid, That this act shall be and continue of force for the term of fourteen years. SECTION 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. Approved, December 19, 1849. AN ACT to amend an act entitled an act to make bank and other corporations subject to garnishment, and to regulate proceedings against garnishees in certain cases, assented to December 24th, 1833, and the several acts amendatory thereof, so far as relates to the proviso in the third section of said act. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the proviso in the third section of said act, exempting banks and other corporations from liability to be garnisheed for the salaries of the officers of said banks and corporations, be and the same is hereby repealed.

Page 187

SECTION 2. And be it further enacted by the authority aforesaid, That all banks, banking corporations, and other corporations, in this State, except municipal corporations, shall be liable to be garnisheed for the salaries of its officers in all cases where such salary exceeds the sum of five hundred dollars per annum. SECTION 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. Approved, February 21, 1850. AN ACT to authorize a grant to issue to George Crumbly, as administrator of the estate of Anthony Crumbly, deceased. WHEREAS the said Anthony Crumbly, in his lifetime, became the purchaser at Sheriff sale of the west half of lot number 242 in the 7th district of Henry county, which lot had been condemned as fraudulently drawn; and whereas the said Anthony, and the said George as administrator, have fully paid the purchase money, but the certificate of purchase having been lost, no grant can issue; 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 proper officers of this State be and they are hereby authorized to issue to the said George Crumbly, as administrator of the estate of Anthony Crumbly, deceased, a grant for the said west half of lot of land number two hundred and forty-two (242) in the seventh district of Henry county. Approved, February 23, 1850. AN ACT to authorise a grant to issue to John S. Thomas for fraction number one hundred and seventy-seven in the first district of Dooly county. WHEREAS the purchase money has long since been paid into the Treasury, and the grant fee deposited in the Treasury, and the Surveyor General being unwilling to issue the grant for the same without authority given by the Legislature, in consequence of the re-survey of said district; for remedy whereof SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

Page 188

and it is hereby enacted by the authority of the same, That from and after the passage of this act, a grant shall issue to John S. Thomas for fractional lot number one hundred and seventy-seven in the first district of Dooly countyany law, usage, or custom to the contrary notwithstanding. Approved, February 11, 1850. AN ACT to authorize a grant to issue to Jacob Paulk of the county of Irwin for lot No. 10, in the fifth district in the county of Irwin. WHEREAS the said lot of land was never drawn for, but reserved for poor school purposes; and whereas an act was passed in the year 1827, authorizing the Sheriff of said county to sell said lot of land No. 10, and which was accordingly sold by said Sheriff on the fifth day of December, 1837, and the said Jacob Paulk being the highest bidder became the purchaser thereof at the sum of ten dollars, the same having been paid the Sheriff of said county, and the said Jacob Paulk having failed to take out a grant for said lot of land, it reverted to the State; therefore SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That his Excellency the Governor be authorized to issue a grant to said Jacob Paulk, when he shall pay the customary fees 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 are hereby repealed. Approved, February 11, 1850. AN ACT to provide for the granting of those square lots and fractions of land which were suspended from the sales contemplated by the act assented to 30th December, 1847, providing for the sale of undrawn lots and ungranted fractions in the lotteries heretofore had in this State. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Governor be and he is hereby authorized to direct that grants be issued to the bona fide owner of any square lot or

Page 189

fraction which was suspended from the operation of the said act of the 30th December, 1847, by depositing with the Treasurer the grant fee therefor: Provided, The original certificate of purchase be exhibited to him, or other satisfactory proof of ownership, with evidence in each case of the full payment of the consideration money: Provided further, That the time for making the application herein provided shall not extend beyond the first day of October, 1850: Provided further, Nothing in this act shall be so construed as to authorize a grant to issue for any fraction, island or square lot for which all the purchase money was not fully paid previous to the passage of the act approved 30th December, 1847. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, January 26, 1850. AN ACT to authorize the issuing of a certain grant therein specified. SECTION 1. Be it enacted by the Senate and House of 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 a grant issue to Joseph Joiner of Appling county, owner of fraction No. 186, in the third district of Appling county, on satisfactory evidence being given to the Governor of the ownership thereof, and that the original purchase money has been paid in full. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, December 21, 1849. AN ACT for the relief Harvey McCornack Ward. WHEREAS it appears that Harvey McCornack Ward of Godfrey's district, Rabun county, gave in for a draw, and drew lot of land number one hundred and ninety-five in the first district of Coweta county, and that a grant has issued therefor in the name of Henry McCornack of said district and county of Rabun, when in truth there was no such person as said Henry: 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

Page 190

his Excellency the Governor be and he is hereby authorised and required to issue a grant for said lot of land in the name of Harvey McCornack Ward of Godfrey's district, Rabun county, and that said grant when issued shall have the same effect as the first aforesaid grant would have had if it had issued in the name of said Ward. SECTION 2. And be it further enacted, That all laws and parts of laws, so far as they militate against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to authorize the Treasurer to refund the purchase money, with interest, to purchasers of fractions that had been previously drawn for and afterwards sold by mistake, and also the grant fee where paid. WHEREAS at the sale of fractions in the year eighteen hundred and twenty-eight, and eighteen hundred and twenty-nine, and eighteen hundred and thirty-four, certain fractions were sold that had been previously drawn for: 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 where it shall appear from the records and fraction books, that fractions had been sold that had been previously drawn for, it shall be the duty of the Treasurer of the State to refund the purchaser money, with interest, and also the grant fees where grants had been issued to the drawer. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February [Illegible Text] 1850. AN ACT to amend the several acts in relation to issuing of grants on head rights in this State, so far as to extend the time for granting the same until the twenty-fifth of December, eighteen hundred and fifty-one. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That any lands heretofore surveyed on head rights in this State may be granted to the person or persons for whom the same was surveyed, upon the payment of the usual fee by the

Page 191

twenty-fifth day of December, eighteen hundred and fifty-one. SECTION 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. Approved, December 14, 1849. AN ACT for the relief of certain persons holding an interest in or title to fractional and whole lots of land sold under the authority of an act to authorize the Governor to appoint fit and proper persons to sell and dispose of the undrawn lots in the land lotteries heretofore had in this State, and to limit the time for fraction purchasers to pay for and take out grants for fractions, approved 30th December, 1847, and for other purposes. WHEREAS it is believed that several lots and fractional lots of land were disposed of during the year 1849, under the authority of said act, which had been sold under previous acts of the Legislature, but no evidence of that fact was to be found in the Executive office or in the offices of the Surveyor General, Treasurer, or Secretary of State, for remedy whereof: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall and may be lawful for his Excellency the Governor, upon satisfactory proof being submitted to him, that any undrawn or fractional lot of land previously sold by authority of law, and the condition of sale fully complied with by the payment of the purchase money, was resold under the provisions of the act approved 30th December, 1847, and plats and grants issued to the second purchaser, to draw his warrant upon the Treasury in favor of the first purchaser, or those holding under him, of such undrawn or fractional lot at the time of said last sale, for the amount of the original purchase money paid in the Treasury; Provided, said amount shall not exceed the amount of the sale authorized by the act of 30th December, 1847, upon said bona fide owner relinquishing his right and title to the State for [Illegible Text] of the purchaser under the said [act] of 30th December, 1847. SECTION 2. And be it further enacted, That whenever it may appear that any intermediate bona fide purchaser issued upon his warranty deed, and a recovery obtained against him, that then the said party shall be entitled to the provisions of this act. SECTION 3. Be it further enacted, That all persons desiring

Page 192

to avail themselves of the benefit of this act, shall file a written notice of such intention, in the Executive office, by the first of October. SECTION 4. Be it further enacted, That it shall be the duty of the Sheriffs in the respective counties in which lands sold under the act of 30th December, 1847, lie, to put the purchaser thereof in possession of the same. SECTION 5. And whereas, by an error of the State House officers, lot of land number 43 in the 3d district of Coweta county has been lost to the drawer and those holding under him, and the State being liable in justice and equity for the value of said land, and in order to prevent unnecessary litigation: Be it enacted by the authority aforesaid, That the Governor be authorized to appoint three individuals who shall under oath value said land, and that the Governor be authorized to draw his warrant for the amount of the value of said land in favor of the last individual who lost the land, and that all the parties be released from liability growing out of the law, and that the individual who receives the amount shall relinquish all claim against the State, and also the individuals under whom he holds his title. SECTION 6. Be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to amend the several acts in relation to issuing grants on head rights in this State, so far as to extend the time for granting the same until the twenty-fifth of December, eighteen hundred and fifty-one. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That any land heretofore surveyed under the laws regulating surveys on head rights in this State, may be granted to the person or persons for whom the same may have been surveyed, upon the payment of the usual fees by the twenty-fifth day of December, eighteen hundred and fifty-one. SECTION 2. And be it further enacted by authority of the same, That nothing in this act shall be so construed as to affect any surveys that have been made under the provisions of the act of eighteen hundred and forty-seven. SECTION 3. And be it further enacted by authority of the same, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 8, 1850.

Page 193

AN ACT to authorize the Governor to issue to William Smith, of the county of Lowndes, a grant for lot number 10, in the tenth district of originally Irwin county on certain conditions. WHEREAS by the provisions of an act assented to 22d of December, 1847, lot No. 10 in the tenth district of originally Irwin now Lowndes county, was sold by the Sheriff of the county of Lowndes, and Thomas B. Stewart being the highest bidder, became the purchaser thereof for the sum of one dollar and thirty-one cents, which sum he appears to have paid incorrectly to the Trustee of the Poor School fund of said county, without taking the Sheriff's certificate or applying for a grant; and whereas, the said lot was in July, 1849, sold at Sheriff's sale in the county of Lowndes, as the property of said Thomas B. Stewart, under execution, and William Smith became the purchaser and paid the purchase money thereof: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Governor be and he is hereby authorized to issue a grant to said William Smith, for lot No. 10 in the tenth district of originally Irwin, upon evidence of his having paid into the Treasury the original purchase money and interest, and the usual grant fees. Approved, February 22, 1850. AN ACT to authorize grants to issue to the owners of certain fractional lots of land in the county of Talbot. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall and may be lawful for his Excellency the Governor to cause grants to issue to the owners of such fractional lots of land situated in the county of Talbot, as were suspended from sale under an Executive order issued 23d day of December, 1848. SECTION 2. Be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to make Ellen M. Baker the heir of James R. Ware, and to cause her to stand related to him in all respects

Page 194

as if she were the child of his body, and for other purposes. WHEREAS James R. Ware, a resident of Stewart county, represents to the General Assembly that he is a native of Great Britain, but has resided in the United States since the year eighteen hundred and sixteen, and that having considerable property now, and expecting to have by inheritance and otherwise considerably more, he wishes, as he has no child of his own, that Ellen M. Baker, the cousin of said Ware and the child of Alpheus Baker of Stewart county, may be made his heir and caused to stand related to him as if she were the child of his body, so that she may as such inherit whatever property he may at his death leave undisposed of by will, or that the said Ware may be entitled to by inheritance or otherwise; and whereas the said James R. Ware prays the General Assembly to pass an act to accomplish his wish; therefore, Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That the said Ellen M. Baker shall henceforth stand related to the said James R. Ware in all respects as if she were the child of his body, and as such shall at his death become his heir and inherit whatever property or other things of value [Illegible Text] may leave undisposed of by lawful will and whatever property the said Ware would be entitled to inherit if living. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, December 20, 1849. AN ACT to incorporate the Savannah Gas Light Company and the Augusta Gas Light Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same. That Thomas [Illegible Text], Thomas M. Turner, Richard R. [Illegible Text], John F. Posey, [Illegible Text] S. Bartow, Robert [Illegible Text] Griffin, Edward [Illegible Text], John W. Anderson, William B. Hodgson, William C. Daniell, Joseph S. Fay, and John Mallery, and their associates and successors, shall be and they are hereby incorporated, made and declared a body politic and corporate in deed and in law, by the name and style of the Savannah Gas Light Company and as such body politic and corporate shall have power to make, use, have and keep

Page 195

a common seal and the same at will to alter; to make all necessary by-laws, not repugnant to the laws of the land, and to have succession of officers and members conformably to such by-laws, and to sue and be sued, implead and be impleaded in any court of law or equity in this State, and to have, use and enjoy all other rights and be subject to all other liabilities which are incidental to bodies corporate. SECTION 2. And be it further enacted, That the said corporation shall have full power and authority to manufacture, make and sell gas, to be made of rosin, coal, oil, turpentine or any other material or materials, and to furnish such quantities of gas as may be required in the city of Savannah for lighting the streets, stores and buildings there situate, and for other purposes; to buy pipes or other [Illegible Text] for conducting gas through the streets, alleys, lanes and squares of the city of Savannah aforesaid: Provided, such streets, alleys, lanes and squares shall be left in as good condition as they were at the time of laying such pipes or other conductors; and also to erect such buildings, and to hold such real and personal estate as may be requisite or necessary to carry on the business aforesaid; and the said corporation shall have power to raise by subscription, in shares of twenty-five dollars each, a capital of one hundred thousand dollars, with the privilege of increasing the same to two hundred thousand dollars; and the said corporation shall not go into operation, nor the rights, privileges and franchises hereby granted attached, until twenty thousand dollars of the capital aforesaid shall have been actually paid in in gold or silver current coin or the current notes of the incorporated banks of this State, and an oath or affirmation thereof shall have been made by the President. Treasurer, and a majority of the Board of Directors of the said company, and recorded in the office of the clerk of the Superior Court of Chatham county. SECTION 3. And be it further enacted, That the said shares in the capital stock aforesaid of the said corporation, shall be deemed personal estate, and be [Illegible Text] only on the books of the said corporation; and no part of said capital stock shall at any time or under any [Illegible Text] whatever be loaned to or divided amongst the stockholders, nor shall the said capital be withdrawn or divided amongst the stockholders until all the liabilities of the said corporation have been lawfully paid; nor shall any dividend or dividends be at any time declared, except of the clear earnings and profits of the said company over and above the capital. SECTION 4. And be it further enacted, That if the proprietor of any share shall neglect or refuse to pay any instalment assessed thereon for the space of thirty days after the time appointed for the payment thereof, the Treasurer of the company may by order of the Board of Directors thereof,

Page 196

sell by public [Illegible Text] a sufficient number of any shares held by such defaulter to pay all instalments then due by him, together with all necessary and incidental charges; and the Treasurer shall give notice of the time and place of such sale, and of the sum due on each share by advertising the same for two successive weeks previous to such sale in some newspaper in the city of Savannah; and a bill of sale of the shares so sold shall be made by the Treasurer of the company to the purchaser thereof, who shall thereupon be entitled to have the same transferred to him on the books of the company, and shall be liable for all future instalments on the stock he may purchase. SECTION 5. And be it further enacted, That the said Thomas Purse, Thomas M. Turner, Richard R. Cuyler, John F. Posey, Francis S. Bartow, Robert H. Griffin, Edward Padelford, John W. Anderson, William B. Hodgson, William C. Daniell, Joseph S. Fay, and John Mallery may open books and take subscriptions for the capital stock of said company in such manner as they may deem expedient; and whenever such subscriptions shall amount to the sum of fifty thousand dollars, the stockholders having had two weeks' notice in writing or in one of the public newspapers in the city of Savannah, may meet and proceed to elect a President, Treasurer and Board of Directors, or such other officers as they may deem necessary for organizing the said company and conducting the affairs thereof; and the said Board of Directors shall continue in office until their successors shall have been duly elected, and, until otherwise provided for by the by-laws of the said corporation, shall have power to dispose of the residue of the capital stock of the said company not subscribed for in such manner and at such times as they may deem fit; and at the said election of officers and at all other meetings of the said company every stockholder shall be entitled to one vote for every share held by him. SECTION 6. And be it further enacted, That the Directors shall submit to the stockholders annually a written statement under oath or affirmation of the Treasurer of the corporation, setting forth the amount of the capital stock paid in and of the general assets of the company, and also the amount of all existing debts and liabilities of the said company. SECTION 7. And be it further enacted, That any person wilfully injuring or causing to be injured any of the property of the said corporation, shall forfeit and pay to the said corporation, treble the amount of damages sustained by any such injury, to be recovered by action in any court having cognizance thereof. SECTION 8. And be it further enacted, That this act shall continue in force for twenty years, and no part of the capital

Page 197

stock nor any of the funds of the said corporation shall at any time during the continuance of this charter be used or employed, directly or indirectly in banking operations or for any other operations whatever, inconsistent with this act. And be it further enacted, That William M. [Illegible Text], Thomas Barrett, Hubbell W. Risley, Daniel B. Plumb, P. A. Moise, Thomas S. [Illegible Text], James Harper, and Edward Thomas be and they and their associates and successors are hereby constituted and made a body politic and corporate under the name and style of the Augusta Gas Light Company, with all the powers, privileges, and subject to all the liabilities and restrictions hereinbefore stated in relation to the Savannah Gas Light Company. Approved, December 14, 1849. AN ACT to incorporate the Hydraulic Company of the city of Savannah, 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 after the passage of this act, Cosmo P. Richardson, Hiram Roberts and [Illegible Text] Marsh, with their associates, successors and assigns, shall be and they are hereby created a body corporate and politic, by the name and style of the Hydraulic Company of the city of Savannah, for the purpose of supplying the said city with water, with power to said corporation to contract for, purchase, lease, hold and sell such property, real, personal or mixed, and to construct and forever maintain in the said city of Savannah or its [Illegible Text], such works as shall by its Board of Directors from time to time be deemed necessary, to carry out the purposes aforesaid; and said corporation by its corporate name shall be capable of suing and being sued, pleading and being impleaded, in any and all the Courts of Law and Equity in this State, and shall be empowered to make, have and use a common seal, and to make and enforce, by and through their Board of Directors, such by-laws, rules and regulations as may be necessary for the government and [Illegible Text] management of the same: Provided, such rules, regulations and by-laws be not repugnant to the Constitution and laws of this State or the United States. SECTION 2. And be it further enacted, That the capital stock of said corporation shall be five hundred thousand dollars, in shares of twenty-five dollars each, and that each of said shares shall entitle the holder thereof to one vote in all elections by the stockholders.

Page 198

SECTION 3. And be it further enacted, That for the purpose of raising the capital stock of said corporation, the persons named in the first section of this act, or a majority of them, shall be a Board of Commissioners, whose duty it shall be to open books of subscription for said capital stock at such times and places as they may deem proper, and it shall be lawful for any person or persons, firm or firms, or for the Corporation of the city of Savannah, or for any other corporation or body politic, to subscribe for such number of shares in said capital stock as he, she, they or it may desire. SECTION 4. And be it further enacted, That when the sum of fifty thousand dollars of said capital stock shall have been subscribed, the said commissioners, or a majority of them, shall give twenty days' notice in some public gazette in the city of Savannah, of a time and place for meeting of the stockholders, to organize said Hydraulic Company of the city of Savannah, at which said meeting, the said stockholders, by a vote of a majority of the shares represented, shall elect for the well ordering and management of the affairs of said corporation, a board of five Directors, which board shall, after the first election, be entitled [elected] on the first Thursday in January of each year, and said board shall annually, at the first meeting after their election, by a vote of at least a majority, elect one of their number President of said corporation, and shall have power to employ artists, managers and laborers, and to elect or appoint, as they may by by-laws designate, such other officer or officers as they may deem necessary for their aid, and to allow them reasonable compensation. SECTION 5. And be it further enacted, That in case there should be a failure to [Illegible Text] a Board of Directors for said corporation at the time and place designated by the said commissioners, or a majority of them, then the said commissioners, or a majority of them, shall have power to call another meeting of the stockholders for the same purposes, and subject to the same rules as the first meeting aforesaid, and after the election of the first Board of Directors, in case of a failure at any time by the stockholders to elect a new board upon the day hereinbefore appointed for such election, the same may be made on another day, to be provided for by the by-laws of said company, and in all cases until the new Board of Directors shall be elected, the old board shall be authorized to act, and in case of a vacancy or vacancies in the Board of Directors, or Presidency of said corporation, by death or otherwise, the remaining Directors at their first meeting thereafter, shall fill such vacancy or vacancies by election. SECTION 6. And be it further enacted, That the Board of Directors may call in the payment of all the capital stock subscribed, by such instalments, payable at such times as they

Page 199

may deem most suitable, giving twenty days' notice of the amount and time of payment of each instalment, in one of the public gazettes of the city of Savannah: Provided, that the said instalments shall not be called in oftener than once in every three months, nor exceeding at any time three dollars per share. SECTION 7. And be it further enacted, That the Board of Directors shall call annual meetings of the stockholders, and at each and every such meeting, shall make to them a full return and report of the actings and doings, progress and business of said corporation for the year last past. SECTION 8. And be it further enacted, That the net profits of said corporation shall be divided among the stockholders semi-annually, and that any and every stockholder shall have the right at any time to inspect the books of said corporation. SECTION 9. And be it further enacted, That the shares in said corporation shall be transferable only in such manner as the by-laws thereof may prescribe. SECTION 10. And be it further enacted, That any stockholder or stockholders owning two thousand shares, shall have power to call a meeting of the stockholders for purposes relative to said corporation, giving at least thirty days' notice of such meeting in one of the public gazettes of the city of Savannah, and specifying in such notice the objects of said meeting. SECTION 11. And be it further enacted, That the said corporation shall be bound by its [Illegible Text], when under its corporate seal, signed by the President and countersigned by the Secretary, and by such contracts as may be made by agents duly appointed under such rules and regulations as may be prescribed by the by-laws of said company. SECTION 12. And be it further enacted, That said corporation shall have power to contract for and purchase from the Savannah and Ogechee Canal Company, any and all interests and privileges in said Canal, and the whole of said canal and its [Illegible Text], should they deem it necessary for carrying out their purposes: Provided, that nothing contained in this act shall authorize the closing of said canal, or diverting it from its original purpose. SECTION 13. And be it further enacted, That the said corporation shall have the right to lay pipes through the streets and lanes within the jurisdiction of the city of Savannah, by and with the consent of the corporate authorities, and may appropriate to their use such lands and tenements in said city, or elsewhere, belonging to private individuals, as may be necessary for the cheap, proper and convenient construction and perfection of their works, and for laying their pipes, upon paying to the owners of said lands and tenements, reasonable compensation for the same.

Page 200

SECTION 14. And be it further enacted, That when any person shall feel himself aggrieved or injured by the appropriation to the use of said corporation, of any part of his land or tenements, and cannot agree with the corporation as to the amount of the damage he has thereby sustained, the amount of such damage shall be ascertained in the manner prescribed in section fifteenth of an act entitled an act to amend an act entitled an act to incorporate the Central Rail Road and Canal Company of Georgia, to alter and change the name of said company, and to give to the said company banking powers and privileges, approved December 14, 1835. SECTION 15. And be it further enacted, That any person injuring the property of said corporation, shall be punished by [Illegible Text] as for a [Illegible Text], and upon conviction shall be fined and imprisoned at the discretion of the Court before whom the conviction may be had. SECTION 16. And be it further enacted, That all laws and parts of laws militating against this act, are repealed as to the same. Approved, February 21, 1850. AN ACT to incorporate the Floating Dry Dock Company of Savannah. [Illegible Text] SECTION 2. And be it further enacted, That the said company shall have power to take and hold to them and then successors such property, real and personal, as may be necessary for the [Illegible Text] transaction of its business, not [Illegible Text] [Illegible Text] thousand dollars, and to ordain and establish such by-laws as they may deem fit: Provided, such by-laws are not repugnant to the Constitution and laws of this State. SECTION 3. And be it further enacted by the authority aforesaid, That the said company shall have power to construct and

Page 201

maintain a Floating Dry Dock for the building, construction and repairs of vessels, at or in the vicinity of the city [Illegible Text] Savannah. Approved, February 5, 1850. AN ACT to incorporate the Savannah Institute of the Sisters of Mercy. WHEREAS a number of persons in the city of Savannah in this State have associated themselves together under the name and style of The Sisters of Mercy, having for their object the advancement of the cause of education and charity, and the performance of acts of mercy and benevolence in society; and whereas they are desirous, for the better effecting of these objects, that the said Institute be incorporated: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Mary [Illegible Text], Mary Agnes, Mary Aleysus, Mary Joseph, with all other persons as are now or may hereafter become members of said Institute, be and they are hereby incorporated and made a body politic by the name and style of the Savannah Institute of the Sisters of Mercy, with the privilege of using a common seal. SECTION 2. And be it further enacted by the authority aforesaid, That the said Institute, by the name and style aforesaid, shall be and they are hereby made able and capable in law to hold, purchase, receive and enjoy lands and tenements, goods, and [Illegible Text] and effects, of what name or nature so ever, for the purposes of the incorporation; the same to grant, alien and dispose of; and to sue and be sued, to plead and be impleaded in courts of law and equity. SECTION 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. Approved, December 19, 1849. AN ACT to incorporate the Augusta Machine Works. WHEREAS William M. D'Antignac, John M. Adams, [Illegible Text] Hopkins, James M. Poe, and William H. Turpin, jr., have formed themselves into a company by the name and style of The Augusta Machine Works, for the purpose of manufacturing agricultural implements, cotton, wool, and the machinery necessary for the fabrication

Page 202

thereof, locomotives, c.; and whereas the said company have invested a large sum of money in prosecution of their design, by purchasing land and water power in Richmond county, State of Georgia, and the purchase of machinery; and whereas, for the more conveniently carrying on the operations of the said company, the said persons desire an act of incorporation: 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 William M. D'Antignac, John M. Adams, Lambeth Hopkins, James M. Poe, and William H. Turpin, jr., and such persons as may hereafter become subscribers and stockholders in the said company, and their successors and assigns, shall be and they are hereby created and constituted a body politic and corporate by the name and style of The Augusta Machine Works, and by that name shall be and they are hereby made able and capable in law to have, purchase, receive, possess, enjoy and retain to them and their successors and assigns, lands, rents, tenements, hereditaments, goods, chattels and effects, of whatsoever kind, nature or quality the same may be, and the same to sell, grant, demise, alien, and dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any court of law or equity or any other place whatsoever; and also to make and have a common seal, and the same to break, alter and amend at their pleasure; and also to ordain, establish and put in execution such bylaws, rules and regulations as shall be necessary and proper for the government of said corporation: Provided, They be not repugnant to the laws and Constitution of this State or the United States; and generally to do and perform all and singular such acts, matters and things as corporations may legally do and perform for the purpose of carrying into effect the objects of the association. Approved, January 14, 1850. AN ACT to amend an act approved December 19th, 1829. entitled an act to incorporate the St. Marys Library Society. SECTION 1. Be it enacted 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 James M. Smith, President, H. Bacon, Vice President, J. J. Dufour, Treasurer, and H. E. W. Clark, Secretary, and such persons as they may associate with them and their successors in office, be and the same are hereby declared to be a body politic and corporate by the name and style of

Page 203

the St. Marys Library Society, and by the said name shall have perpetual succession of officers and members and may use a common seal, and shall have power to make, alter, change and amend such by-laws and regulations as may be agreed on by the officers and members of said society; Provided, Such by-laws and regulations shall not be repugnant to the Constitution and laws of this State; and the said officers be and they are hereby authorized to take into possession, to hold for the use of said corporation, all books and other property belonging to said society, under the original act of incorporation. SECTION 2. And be it further enacted, That the said association of persons, and their successors, shall have privilege to sue for and recover all moneys that now are or may hereafter become due to said society, by any name and in any manner whatsoever, and the rights and privileges of the said society in any court to defend; and to receive, to hold real and personal property, and to take and apply all or any donations made to said society; and generally they shall and are hereby declared to be vested with all the privileges, power and advantages, rights and immunities of a society of people incorporated for the purposes intended by their institution. Approved, December 21, 1849. AN ACT to incorporate the Central Horticultural Association 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 aforesaid, That the several persons and members of the said Central Horticultural Association, and others who may become members of said Association, and their successors, members and officers of the same, be and they are hereby declared and made a body corporate by the name and style of the Central Horticultural Association, and by that 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 on, or have been already agreed on: Provided, Such by-laws and regulations be not countrary to the laws of the land; also, shall have power and authority to take, hold and enjoy real and personal property by gift, devise or purchase, to sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity having jurisdiction thereof; also, shall have power to have and use a common seal, and to do all other things which bodies corporate may in law do, connected with the objects of their association.

Page 204

SECTION 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against the provisions of this act, be and the same are hereby repealed. Approved, February 14, 1850. AN ACT to incorporate Dalton City Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the owners of the shares hereinafter authorized to be created are hereby made a body corporate under the name and style of the Dalton City Company, and by that name may sue and be sued, plead and be impleaded, answer and be answered unto, appear and prosecute to final judgment, in any court or elsewhere, contract and be contracted with, and have a common seal, and alter the same at pleasure; and also, have, hold, purchase, use, lease, sell and convey, or otherwise dispose of estate, real and personal and mixed; and may elect, in such manner as they may determine, all necessary officers, fix their compensation, and define their duties; ordain and establish by-laws for the government and regulation of their affairs, and alter and repeal the same; employ all such agents, [Illegible Text], laborers, and all other persons as they shall think proper; and otherwise enjoy such rights, powers and privileges as are necessary and proper to [Illegible Text] as a body corporate: Provided, That same be not repugnant to the Constitution and laws of this State [Illegible Text] the Constitution of the United States. SECTION 2. And be it further enacted, That the stock, property, affairs and business of the company shall be under the care and be managed by not less than three Directors, who shall be chosen by the stockholders at such time and place as shall be provided by the by-laws, who shall be stockholders and hold their offices until others be chosen in their stead. SECTION 3. And be it further enacted, That the capital of said company shall consist of three thousand shares of one hundred dollars each, and that Duff Green, M. B. Richards, and R. C. Morris, or any two of them, may at such time and place as they may designate open books of subscription, and when five hundred shares shall have been subscribed, a majority of the shareholders may proceed to organize the said company by the election of Directors. SECTION 4. And be it further enacted, That the said company may from time to time subscribe for and own shares in joint stock companies organized in or near the city of Dalton for manufacturing purposes, and may pay for such shares in

Page 205

real estate or money as the Directors may deem best, and for that purpose may from time to time increase their capital stock: Provided, It shall at no time exceed ten thousand shares over and beyond the value of their real estate: Provided further, That said company shall not be allowed banking privileges. SECTION 5. The stock of the company shall be deemed personal property, and transferable on the books of the company in such form as the Directors may prescribe, and such corporation shall at all times have a lien upon all the stock of each shareholder, and upon all their other property invested in the company, for the payment of all debts due to the company by such shareholders. SECTION 6. If the capital stock of the said company be withdrawn and refunded to the stockholders before the payment of all the debts of the company for which their stock would have been liable, the stockholders shall be liable to such creditor in an action founded on this act to the amount of the sums refunded to them respectively as aforesaid: Provided always, That if any such stockholder shall be compelled by any such action to pay the debts due to any creditor or any part thereof, he shall have the right by bill in equity to call upon all the stockholders to whom any part of said stock has been refunded, to contribute their proportionable [Illegible Text] of the sum paid by him as aforesaid. SECTION 7. If the Directors of the said company shall [Illegible Text] and pay a dividend when the corporation is insolvent, [Illegible Text] any dividend the payment of which would render it insolvent, knowing such corporation to be insolvent, or the payment of such dividend would render it so, the Directors [Illegible Text] thereto shall be jointly and severally liable in an [Illegible Text] founded on this statute for all debts due from such corporation at the time of declaring such dividend: Provided, nevertheless, Each Director present at the time of declaring such dividend shall be held as assenting thereto, unless his protest is regularly filed and entered on the books of the corporation. SECTION 8. The General Assembly may for just cause [Illegible Text] the powers hereby granted, and prescribe such mode as may be necessary or expedient for the settlement of the affairs of the company. Approved, February 23, 1850. AN ACT to incorporate the Back River Wharf and Canal Company, and for other purposes therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

Page 206

and it is hereby enacted by the authority of the same, That Hiram Roberts and Doctor C. P. Richardson, and such other persons as they may associate with them, be and they are hereby created a body politic under the name and style of the Back River Wharf and Canal Company, and in that name they may sue and be sued, plead and be impleaded, answer and be answered unto in any court of competent jurisdiction. SECTION 2. And be it further enacted, That the said corporation be and they are hereby authorized, with the assent of the Mayor and Aldermen of the city of Savannah, and the Hamlets thereof, and of the Commissioners of Pilotage for the bar and river of Savannah, after a survey by a competent engineer, and reports setting forth fully what will be the effects of said canal on the river, to make a canal from the north branch of the Savannah river, to the south branch of the said river upon their own lands, across Hutchinson's Islands, and to run ferry boats propelled by steam or otherwise, from one of the public docks, under such stipulations as the Mayor and Aldermen of the city of Savannah may determine, on the south side of the Savannah river, and through the canal across the north branch of the said river, and to such point on the South Carolina side of the north branch of the Savannah river as they may deem proper, and that the said corporation be authorized to run such wharf lines on the north side of Hutchinson's Islands from the intersection of the within named canal eastward as the Commissioners of Pilotage may deem right and proper, opposite their land, and build wharves and erect ware-houses thereon. SECTION 3. Be it further enacted by the authority aforesaid, That the said corporation be and they are hereby authorized to charge and collect such rates of toll from each and all descriptions of water crafts passing through their canal, as well as wharfage upon all descriptions of goods, wares and merchandize landed upon the wharves, or taken from any flat or other description of water craft and put on board of any ship or vessel lying at their wharves, alter and change the rate of toll at pleasure, and charge the rates of wharfage established by law for the port and harbor of Savannah. SECTION 4. Be it further enacted by the authority aforesaid, That for the purpose of establishing a ferry, cutting a canal and erecting wharves as before mentioned, that the said corporation be and they are hereby authorized to create a capital stock of one hundred thousand dollars divided into shares of one hundred dollars each, and to dispose of the said shares upon such terms and conditions as they may deem right and proper, and that each shareholder is hereby constituted a member of this corporation. SECTION 5. Be it further enacted by the authority aforesaid,

Page 207

That Hiram Roberts and Doctor C. P. Richardson, and such other persons as they may associate with them, under the name and style of the Back River Wharf and Canal Company, be and they are hereby authorized to make such bylaws for the government of, and to put the same in motion, as they may deem requisite, and to alter and change the same at pleasure: Provided, the said by-laws do not conflict with the laws and Constitution of this State, or of the United states, or the powers and privileges of the Mayor and Aldermen of the city of Savannah. SECTION 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting with this act be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to amend an act to incorporate an insurance company to be called the Savannah Mutual Insurance Company, passed December 30th, 1847; and to incorporate Chattahoochee Lodge No. 61, of Heard county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the time prescribed in the said act for opening books to receive applications for insurance by the commissioners named in the said act, be and the same is hereby enacted for one year from the thirteenth day of December, 1849. SECTION 2. And be it further enacted by the authority aforesaid, That for the purpose of aiding the organization of said company, and giving further assurance to the parties who may hold policies of insurance, the Trustees of the said company, to be appointed under the said charter, be and they are hereby authorized to accept such funds or securities as may be deemed satisfactory by them, and for such time as may be agreed upon to an amount not to exceed fifty thousand dollars, for which they are authorized to pay out of any money received by said company, to the owners of such funds or securities, at a rate of interest not exceeding seven per cent. per annum: Provided, That such funds or securities, upon which such interest shall be paid by the said company, shall be held subject to any losses the said company may sustain during the time such interest shall be paid, which the said company cannot discharge from its ordinary receipts. SEC. 3. And be it further enacted, That the most worshipful master, senior and junior wardens of Chattahoochee Lodge No. 61, (sixty-one) in Heard county, and their successors in office, be and they are hereby declared a body corporate under the

Page 208

name and style of Chattahoochee Lodge number sixty-one, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and may receive and hold any property, real, personal, and mixed, and transfer and sell the same; and have and use a common seal, and may alter and change the same at pleasure; and may make all by-laws not inconsistent with or contrary to the laws of this State or the United States, as they may deem expedient; and shall have power to fill all vacancies which may occur by death, resignation or otherwise, in such manner as they may point out in the by-laws for their government. Approved, February 23, 1850. AN ACT to enable the Savannah and Ogeechee Canal Company to extend the Savannah and Ogeechee Canal to the Altamaha river, 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 for the purpose aforesaid, the said Savannah and Ogeechee Canal Company be and they are hereby authorized to extend the capital of said company to one million of dollars, in shares of fifty dollars each, and to dispose of said additional stock in such manner as the Board of Directors may deem best; and that all the rights, benefits and franchises and privileges heretofore granted to the Savannah, Ogeechee and Altamaha Canal Company shall be and they are hereby declared to be vested in the Savannah and Ogeechee Canal Company. SECTION 2. And be it further enacted by the authority aforesaid, That the said Savannah and Ogeechee Canal Company shall be and they are hereby authorized to extend the canal of said company to the river Altamaha of such width and dimensions, with locks, basons, and waste-wiers, tow-paths, and embankments, as said company may deem necessary, and forever to keep up and maintain the same: Provided, That where said canal has or shall cut off public or private roads, or any public road hereafter to be laid out, the said company shall build and keep up bridges such as shall furnish equal facilities of passage as the road, and where it has or shall obstruct the drainage of land, they shall build and keep open full and sufficient culverts for that purpose. SECTION 3. And be it further enacted, That all laws and parts of laws so far as they militate against this act be and the same are hereby repealed. Approved, December 19, 1849.

Page 209

AN ACT to incorporate the Macon Canal Company, and to punish those who may injure their property. SECTION 1. Be it enacted by the Senate and House of 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 Council of the city of Macon, and such other corporations and individuals as the said Mayor and Council of the city of Macon may associate with them, and their assigns, be and are hereby declared a body politic by the name and style of the Macon Canal Company, and by that name and style shall have perpetual succession of officers and members, and be capable in law to have, purchase, receive, possess, enjoy and retain, to themselves and their successors, lands, tenements, goods, chattels and effects of what kind, nature or quality soever the same may be, and the same to sell, grant, demise, alien or otherwise dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, in any Court of Law or Equity of competent jurisdiction in this State or elsewhere; also, to adopt and use a common seal, and to ordain, establish and execute such by-laws, rules and regulations as they shall deem necessary for their government and the proper management of said canal, the fixtures and property therewith connected, and all the other property of every kind, which may belong to, or which may be owned by the said Macon Canal Company, their successors or assigns: Provided, the same be not repugnant to the Constitution and laws of this State, or of the United States. SECTION 2. And be it further enacted by the authority aforesaid, That the said Macon Canal Company, their successors and assigns, are hereby authorized and empowered to build, construct and keep up and use for the purposes of manufacturing, and for such other purposes as to them may seem proper, a canal from such point on the Ocmulgee river, above the city of Macon as may be found necessary and suitable, down and along either side of said river, and at such distances from said river as to them may seem proper, to such place within the limits of said city of Macon as the said Macon Canal Company may determine and fix upon; and that the said Macon Canal Company are hereby empowered and authorized, should the same be necessary for the purposes of said canal, to build and erect one or more dams across the said Ocmulgee river, and to build, erect and use all such locks, gates, piers, race-ways, water-ways, waste-ways, tow-paths and other fixtures and structures necessary to the building and using said canal, and that said canal locks, gates, piers, race-ways, water-ways, waste-ways, tow-paths and other fixtures and structures, shall be of such depth,

Page 210

width, size and dimensions as to said Macon Canal Company may seem fit and proper. SECTION 3. And be it further enacted by the authority aforesaid, That the capital stock of said Macon Canal Company shall be two hundred thousand dollars which shall be divided into two thousand shares of one hundred dollars each, but that said capital stock may be increased or diminished to such an amount as a majority of the Board of Directors of said company may think proper. SECTION 4. And be it further enacted by the authority aforesaid, That for the well ordering of the affairs of said company there shall be a Board of seven Directors, who shall be elected on the first Monday in January, A. D. 1850, or so soon thereafter as said Macon Canal Company shall have organized under this charter, and annually on the first Monday in January of every year thereafter, which said Directors shall hold their office for one year from the time of their election, and until their successors shall be duly elected, at which elections and in all meetings of the stockholders each stockholder shall have one vote for each share he, she or they may hold; and the said Board of Directors shall at their first meeting after they shall have been elected, elect one of their members as President, and shall also elect such other officers as may be necessary for the convenient management of the affairs of said company: Provided, that a majority of the stockholders in said company, voting as aforesaid, may at any time change the number of said Directors, and also the day of election. SECTION 5. And be it further enacted by the authority aforesaid, That it shall be lawful for the said Directors at any time after the construction of said canal shall have been commenced, or at any time after the same shall have been completed to increase the volume of water in said canal, by deepening or widening the same, or both, and extending or raising the dam or dams that may be constructed for the purposes of said canal, and any damages sustained by individuals or other persons from the construction of such works, or any of them, shall be ascertained and recovered in the manner hereafter specified for the ascertainment and recovery of other damages. SECTION 6. And be it further enacted by the authority aforesaid, That the said Directors, or a majority of them, for the time being, shall have full power, in the name and behalf of the said company, to make all contracts for the construction, extension, repair, improvement and use of said canal and its [Illegible Text] and for the use of the water of the same for manufacturing or other purposes, and to impose and collect such proportionate assessments upon the stockholders of said company, as may be required for such construction, repair, extension, improvement or use, or for the payment of any

Page 211

damage sustained by manufacturers or others, from a failure to supply them with water according to such contract as may be made by virtue of the authority herein before granted, or to meet any other legal liability of the company; and upon the failure of any stockholder to pay such assessments, or any of them, within thirty days of the time appointed for the payment of the same, (of which at least ten days notice shall be given through any two of the gazettes then published in the city of Macon,) the entire interests of such defaulting stockholder in said canal and its appurtenances, and all other property, rights and franchises held by said company, may be forfeited to said company by said Directors or a majority of them. SECTION 7. And be it further enacted by the authority aforesaid, That in case the line of said canal, or the race-ways, [Illegible Text]-ways, tow-paths, or any other structure or thing necessary to the building and using said canal, shall pass through the lands of any person or persons with whom the Directors of said Canal Company, for the time being, shall not be able to make a satisfactory agreement as to the terms upon which the same may be extended over or through such lands, the said Directors for the time being shall nevertheless have the right to establish, lay out, open and construct the said canal, race-ways, water-ways, waste-ways, tow-paths and any other structure and thing necessary to the building and using said canal through and over such lands, and that the damages, if any, sustained by the owner or owners of such lands, shall be ascertained and assessed by five appraisers, two of whom shall be nominated by said Directors for the time being, two by such owner or owners, and the fifth by the Judge of the Superior Court of Bibb county, whose award, or that of a majority of them, certified in writing under their hands and seals, in duplicate, one part for each of the parties in interest, shall be recorded in the office of the Clerk of the Superior Court in which such lands are situated, and if not appealed from as hereinafter provided, shall operate as, and have the force and effect of, a judgment, vesting in said company the right of way over and through such lands, upon which award so recorded, and not appealed from, if any sum is thereby awarded as damages to such owner or owners, the said Clerk shall after the expiration of thirty days from the term of recording said award, issue execution for the said damages so awarded, under the usual form of execution founded upon judgments of the Court, returnable to the next Superior Court for said county, which execution may be levied upon any property of the said Canal Company, either real or personal; but in case either party should be dissatisfied with the decision or award of said appraisers, such dissatisfied party or parties may within ten days after the recording of the said award,

Page 212

exercise his, her or their right of appeal by making known his, her or their intention so to do, by a written notice served upon the adverse party or parties, and upon the said Clerk, whose duty it shall be thereupon to suspend the issue of execution and enter a memorandum of the said appeal upon the appeal dockett of said Court, to be tried by a special jury at the next term thereof, as in other cases of appeal, which trial shall be final and decisive, vesting in said company the said right of way; and in case of damages, entitling the party for whom they are found, to a judgment and execution thereon, which may be levied on any or all the property of said company, whether real or personal: Provided, that the said appraisers shall file with their said award, a map or plat of said right of way, shewing the situation; location, width and area of the same, and that said appraisers before entering upon the discharge of their duties as such shall severally take and subscribe an oath before some judicial officer of the State, well and truly and impartially to determine and award in the premises. SECTION 8. And be it further enacted by the authority aforesaid, That should it become necessary in the construction or future extension, deepening, widening or using said canal or its race-ways, waste-ways, water-ways or other improvements or works therewith connected, to use any earth, clay, stone, gravel or other materials on, along or near the lines of said canal or other works or improvements, and the said Directors of said company for the time being, and the owner or owners of said materials, or of the land from which such earth, clay, stone, gravel or other materials to be taken, cannot agree upon the terms for which the same may be provided for the purposes aforesaid, it shall nevertheless be lawful for the said Directors to take and use the same, and the damages (if any) shall be assessed, the right of appeal, if desired exercised, and the ultimate award or judgment shall be enforced, as provided in the preceding section of this act in relation to the right of way, and assessment and collection of damages awarded by the appraisers or found by a special jury on appeal: Provided, that no difference or disagreement between the said company and any land holders shall be a ground for injunction against said Directors, said company or their agents, officers, servants or contractors, or otherwise impede or suspend the construction, repairs, extension, enlargement, change or alteration in said canal, or any of the works or improvements therewith connected, but the same shall proceed without delay or interruption, upon the said Directors or said company tendering to such land holders sufficient security for the payment of such damages as may be so assessed or found for him or them as aforesaid, upon the sufficiency of which said security the Judge to whom application may be made, shall decide, and

Page 213

who, if he deems the same insufficient, shall require other and additional security to be offered within ten days, on the failure or refusal to give which, an injunction may issue, but any injunction granted against said Directors or said company shall be dissolved so soon as the Judge of the Flint district of this State shall certify that sufficient security has been given by said Directors or by said company. SECTION 9. And be it further enacted by the authority aforesaid, That the Board of Directors of said company for the time being shall have power and authority to make such rules, regulations and contracts in relation to the use of the said canal and its waters, and in relation to the use of any and all structures and property therewith connected, or which may be owned by said company, for manufacturing, navigation and all other purposes which to them may seem fit and proper, and to impose and collect such tolls, rent or other charges as they may deem equitable and expedient. SECTION 10. And be it further enacted by the authority aforesaid, That in case the Directors of said company should at any time hereafter deem it expedient to borrow money to carry on the construction, extension, enlargement, repairs or improvement of said canal or any of the structures there with connected, or any appurtenances of said canal or other structures, it shall be lawful for them to mortgage the said canal and appurtenances, and any other property of which said Canal Company may be possessed, by way of security for such loans and their payment as said Directors may make for such purposes, and that in case of foreclosure of such mortgage or mortgages and the sale o f said canal and its appurtenances, the purchaser or purchasers thereof, upon full compliance with the terms of sale, shall have, possess, retain and enjoy, as a body politic and corporate under the said name and style of the Macon Canal Company, all and singular the rights and privileges by this act conferred upon and vested in the company hereby incorporated, and be subject to all and singular the duties, obligations and restrictions imposed upon the same by the provisions of this act, and shall be bound faithfully to keep and perform all contracts heretofore made by the said company in relation to the use of the said canal and the waters thereof: Provided, that no such mortgage shall be made but upon the vote of a majority of the Directors for the time being, at two successive meetings, between which there shall be an interval of at least ten days: And provided further, that the said Directors shall not mortgage the said canal and its appurtenances for any sum or sums of money amounting in the aggregate at any one time to more than ten thousand dollars, unless specially authorized and [Illegible Text] to mortgage the same for a larger amount by a vote of a majority of the stockholders of said company in general meeting, after at

Page 214

least thirty days notice thereof in each of the gazettes at the time published in the city of Macon shall have been given. SECTION 11. And be it further enacted by the authority aforesaid, That if any person or persons shall wilfully and maliciously in any way obstruct, injure or damage the said canal or any race-way, waste-way, water-way, [Illegible Text]-path, dam. gate, aqueduct, culvert, drain, fence, bridge or other work, structure or thing therewith connected, or wilfully and maliciously in any manner whatever obstruct the free passage of water into or through the said canal, or any of the raceways, waste-ways or water-ways, or aid or assist, counsel or [Illegible Text] any other person or persons in so doing, such person or persons, so offending, shall be liable to be indicted for a misdemeanor, and upon conviction thereof, shall be punished by fine or imprisonment in the common jail, or both, at the discretion of the Court, and moreover shall be liable in damages to said company and to any person or persons who may be thereby injured, to be recovered by action in any Court having competent jurisdiction thereof. SECTION 12. And be it further enacted by the authority aforesaid, That the stockholders in said company shall be liable for the debts of said company, in proportion to their respective interests therein at the time said debts shall have been contracted by said company, and that said company shall not at any one time owe or contract debts amounting in the aggregate to more than one half of their capital invested. SECTION 13. And be it further enacted by the authority aforesaid, That the said Board of Directors shall have full power to make and pass all rules, regulations and by-laws for the management and government of the affairs of the said company: Provided, the same be not repugnant to the Constitution or laws of this State or of the United States. SECTION 14. And be it further enacted by the authority aforesaid, That all laws and parts of laws so far as they militate against this act, be and the same are hereby repealed. Approved, February 22, 1850. AN ACT to incorporate the Columbus and Greenville Plank and Turnpike Road Company, the Columbus and Lumpkin Plank and Turnpike Road Company, and the Sparta Plank and Turnpike Road Company, 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 Hampten S. Smith, John Banks, John C. Leitner, George

Page 215

W. Winter, John C. Winter, David [Illegible Text] R. L. Mott, or a majority of them, their successors and [Illegible Text], are hereby declared and constituted a body corporate by the name and style of the Columbus and Greenville Plank and Turnpike Road Company, for the purpose of constructing a plank and turnpike road from the city of Columbus towards Greenville in Meriwether county, and towards Talbotton in Talbot county, together with such extensions, branches and bridges as they may find expedient or necessary, and by that name and style may sue and be sued, plead and be impleaded, answer and be answered in any court of law and equity of the State of Georgia or United States, and may have and use a common seal, and the same to alter and amend at pleasure; and may have and hold real and personal property necessary to carry on their business advantageously, with full power to transfer or convey the same. SECTION 2. And be it further enacted, That the capital stock of said company shall not exceed two hundred and fifty thousand dollars, and that subscriptions to the same shall be regulated by the said persons herein before named, or a majority of them, and their associates, as to the number of shares, the times, places, manner and mode of subscriptions, the amount to be paid in, with time or times when the reremaining portions shall be paid, and the mode of payment, with full power to declare forfeitures (under certain rules to be before prescribed) when stockholders fail to comply, and to do all things necessary to ensure the prompt payment of the several instalments of stock when required: Provided, That any regulation thus adopted shall be general, and operate on all subscribers alike: And provided also, That should any stockholder fail to pay in his subscription according to the regulations of said corporation, the same shall have power, on giving ten days' notice to such defaulting stockholder, to move for and obtain judgment in either the Superior or county Court of the county in which such stockholder may [Illegible Text], for the amount he may be in default, with five per cent. thereon, and costs of suit. SECTION 3. And be it further enacted, That the capital stock of said corporation shall be divided into shares of one hundred dollars each, to be assignable and transferable according to such regulations as said corporation may adopt; and on all questions arising at business meetings, each stockholder shall be entitled to one vote for each share he may own: Provided, That the subscriptions of stock shall be registered in a book to be provided by said corporation, which shall at all times be opened to the inspection of stockholders. SECTION 4. And be it further enacted, That said company shall not be considered as organized until stock to the amount of forty thousand dollars shall be subscribed, after which the stockholders shall elect three or more Directors,

Page 216

to manage the property, business and affairs of said corporation, one of whom shall be appointed President by the other Directors, which Directors shall be chosen annually at such time and place as the Directors may determine upon: Provided, That the Directors for the time being shall serve until their successors are elected; and they, or a majority of them shall form a quorum for the transaction of business, and shall have power to make all such by-laws, rules and ordinances as to them may appear needful, touching the management of the road to be constructed, and effects of the corporation, and all such matters as may appertain to the same, not inconsistent with the Constitution and the laws of the State of Georgia, and they shall have power to employ such officers, agents and laborers as they may deem necessary for the transaction of the business of the corporation, and to displace, remove or discharge such officers, agents or servants at pleasure. SECTION 5. And be it further enacted, That it shall or may be lawful for said corporation to construct and make a plank road from the city of Columbus to the town of Greenville in Meriwether county, together with such branches as may be deemed expedient on such convenient route as said company may select: Provided, No public road now in use shall be thereby [Illegible Text] without first obtaining the consent of the Inferior Court of the county where such obstruction may be contemplated: And provided further, That in the event said corporation shall [not] be enabled to obtain the right of way for said road from the owner or owners of lands through which the same may pass, such compensation shall be paid to the owner or owners of such land as may be assessed by a jury upon a writ of ad quod damnum, to be sued out and tried in the mode prescribed by the fourth section of an act entitled an act to incorporate the Muscogee Railroad Company, and to punish persons for violating the provisions of the same, passed and approved on the twenty-seventh day of December in the year eighteen hundred and forty-five and said section is hereby adopted as part of this act as fully as though the same were herein inserted. SECTION 6. And be it further enacted, That all laws, rights and property acquired by said company, with said road when completed, and all profits which may accrue therefrom, shall be invested in the respective shareholders, their heirs, legal representatives or assigns forever, in proportion to their respective shares. SECTION 7. And be it further enacted, That in case any person shall wilfully injure or obstruct the said road, whereby said company shall sustain any loss, he shall forfeit and pay to said company the amount of all damages which they may sustain in [Illegible Text] thereof, to be sued for and recovered in the same manner as provided for by law for individuals

Page 217

in like cases, and shall be further subject to indictment and punished by fine or imprisonment, or both, at the [Illegible Text] of the jury trying the offence. SECTION 8. And be it further enacted, That said company are invested with the right and power of exacting and demanding such tolls for transportation of persons or property as they may require: Provided, That a tariff of tolls shall be annually established and published at each depot on said road for the information of the public, and shall not be in any manner increased until the next annual meeting. SECTION 9. And be it further enacted, That the stockholders of said company may be made liable for the debts of said company to the amount of stock by them respectively taken or owned, but for no greater amount. SECTION 10. And be it further enacted, That John Woolfolk, Grigsby E. Thomas, Charles J. Inslee, John G. Winter, and William Rankin, or a majority of them, their successors and assigns, be and they are hereby declared a body corporate under the name and style of the Columbus and Lumpkin Plank and Turnpike Road Company, with the privilege of making and constructing a plank and [Illegible Text] road towards the town of Cuthbert, in Randolph county, with a branch to Lumpkin in Stewart county, together with such extension branches and bridges as may be deemed expedient or necessary by said company. SECTION 11. And be it further enacted, That the said company shall be subject to all the rules, regulations and restrictions, shall be subject to all the rights, privileges, immunities and benefits, which are stipulated, confered, granted and conveyed to the Columbus and Greenville Plank and Turnpike Road Company, with a capital stock not exceeding two hundred and fifty thousand dollars. SECTION 12. And be it further enacted, That William Terrell, James Thomas, A. J. Lane, R. M. Johnson, D. W. Lewis, T. J. Smith, and J. B. Gonder, or a majority of them, their successors and assigns, be and they are hereby declared a body corporate under the name and style of the Sparta Plank and Turnpike Road Company, with the privileges of making and constructing a plank and turnpike road towards the town of Warrenton, in the county of Warren, and towards Sandersville, in the county of Washington, with such extensions, branches and bridges as may be deemed expedient or necessary by said company. SECTION 13. And be it further enacted, That the said company shall be subject to all the rules and regulations, [Illegible Text] and restrictions, and enjoy all the rights, privileges, immunities and benefits, which are stipulated, confered, granted and conveyed to the Columbus and Greenville Plank and Turnpike Road Company, with a capital stock not to exceed three hundred thousand dollars.

Page 218

SECTION 14. And be it further enacted, That the aforesaid acts of incorporation in this bill shall be in force for and during thirty years, and no longer. SECTION 15. And be it further enacted, That one-half of the stock shall be taken in one year, the road commenced in eighteen months, and completed in seven years from the passage of this act, or the above act of incorporation shall be forfeited. SECTION 16. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to incorporate the Cooper's Gap Turnpike Company of Lumpkin and Union counties, 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 suitable turnpike road of the proper width and dimension be constructed from Dahlonega, by way of Cooper's Gap, across the Blue Ridge, to a place known as Notley Old Town in Union county, so as to intersect and unite with the North Carolina State road at or near that point; and that Richard Beardin, Elisha Hunt, William Woody, Joseph M. Ashart, Daniel E. Jones, Robert B. Lewis, and all others who may become associated with them, be and they are hereby constituted a body politic and corporate by the name and style of the Cooper's Gap 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 by-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. SECTION 2. And be it further enacted, That two or more Justices of the Inferior Court of the counties of Lumpkin and Union 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 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 in that case, and not until then, the said company may establish a gate on said road for the purpose of demanding toll. SECTION 3. And be it further enacted, That the said company

Page 219

shall have power to erect a toll gate at such place on said road as they may think proper, and charge, demand, and collect the following rates of toll, viz: For each six, five or four horse wagon, fifty cents; for every two horse or ox wagon, twenty-five cents; for each two horse pleasure carriage, fifty cents; for each one horse carriage, buggy or sulkey, twenty-five cents; for each man and horse, ten cents; each horse, mule, or ass, led or drove, five cents; for each head of cattle, sheep or goats, two cents; for each head of hogs, one cent: Provided, That the citizens of Lumpkin and Union shall not be required to pay more than one-half of the said rates of toll. SECTION 4. And be it further enacted, That said Turnpike road shall be commenced within six months from and after the passage of this act, and be completed within twelve months thereafter; and when finished shall vest in said company in fee simple. SECTION 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 way, shall be guilty of a misdemeanor, and on conviction thereof shall be fined at the discretion of the Court, and also be liable to an action for damages, at the suit of the party aggrieved. SECTION 6. And be it further enacted, That nothing in this act contained shall be so construed as to authorize said company to exercise banking [Illegible Text] or issuing any change bills, checks or drafts in any manner whatever. SECTION 7. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to incorporate the Dahlonega and Marietta Turnpike and Plank Road Company; the Cumming and Atlanta Turnpike and Plank Road Company; the Cobb county and Alabama Plank and Turnpike Road Company; and the Washington Railroad or Plank Road Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Barrington King, Archibald Howell, William Y. Hansell, Thomas R. Huson, Andrew J. Hansell and John M. Edge of the county of Cobb; Noah Strong, C. B. Welborn, Arthur Erwin, Hardy Strickland, Ira R. Foster, and George Kellogg of the county of Forsyth; and John W. Grady, Joseph

Page 220

J. Singleton, William Martin, Lorenzo D. Davis, William H. Graham and Robert B. Lewis of the county of Lumpkin, together with all persons who shall become stockholders pursuant to the provisions of this act, shall be and they are hereby constituted a body politic and corporate by the name and style of the Dahlonega and Marietta Turnpike and Plank Road Company, for the term of thirty years from and after the passage of this act. SECTION 2. Be it further enacted, That the capital stock of said company shall be one hundred and fifty thousand dollars, with the privilege of increasing the same to the sum of two hundred thousand dollars, if necessary, which shall be divided into shares of twenty-five dollars each, shall be deemed personal property, and shall be assignable as the by-laws of the corporation shall direct. SECTION 3. And be it further enacted, That the concerns and business of the said corporation shall be managed by a Board of Directors to consist of three or more as may be appointed by the stockholders, to be chosen from among themselves, each stockholder to be entitled to one vote for each and every share of stock owned by such stockholder, which vote may be given in person or by proxy duly appointed in writing; that whenever the sum of twenty thousand dollars shall have been subscribed for of such capital stock, it shall become the duty of the persons named in the first section of this act, or a majority of them, to give at least thirty days notice in the newspapers printed at Marietta and Dahlonega to call a meeting of the stockholders at the town of Cumming in Forsyth county, for the purpose of chosing Directors of said corporation; and the persons chosen at such meeting shall hold their offices until others are elected in their stead, and in every succeeding year the Directors shall be elected by said stockholders, at said place, on the first Tuesday in January. SECTION 4. And be it further enacted, That the corporation hereby created is authorized to construct a Plank, McAdamised or Paved Road, or portions thereof of either description, the grade of which in no instance to exceed one foot in ten; to commence at such point or points on said road as the Directors may prescribe and determine; the track of said road shall be smoothly graded, and shall be constructed of timber and plank or of stone and gravel; and when constructed of timber and plank the carriage way of said road shall be at least eight feet wide, but the particular manner of building said road shall be in all other respects determined by the Directors of said corporation. SECTION 5. And be it further enacted, That said corporation shall within five years from the passage of this act construct one-half or at least thirty miles of said road and complete the same within ten years, and keep and maintain the

Page 221

said road in good condition and repair, and if said thirty miles shall not be constructed within five years, or on failure to complete the same within ten years, then and in that case said corporation shall be deemed and considered as dissolved and its rights hereby granted wholly cease. SECTION 6. And be it further enacted, That the said corporation may use for the construction of said road the route of any public highway or public road on said route without obstructing in any manner the said public highway or road; and when the said Turnpike or Plank Road shall pass over the lands of any private individual and not along the tract of such public highway, and any damage shall be claimed by such individual by reason of said road passing over his land or premises and the amount of damage cannot be agreed upon by such individual and the proper agent of the company, that the said agent may select one disinterested person and the owner of such premises another disinterested person to assess such damage, the said arbitrators being first duly sworn to decide the same equitably and justly between the parties, and if the said arbitrators should disagree as to the amount of damage, they may and are hereby required to select an umpire who is wholly disinterested and who shall be in like manner duly sworn, and whose decision shall be final and conclusive between the parties, and the right of way so in dispute shall be vested in said corporation during the continuance of their charter. SECTION 7. And be it further enacted, That whenever any five continuous miles of said road shall be completed, it shall be lawful for said corporation to erect a toll gate thereon and appoint a toll collector for the same, and to do the same as often as any additional continuous five miles of such road shall be completed, but no such toll gate shall be erected within one mile of either of the Court-houses at Marietta, Cumming or Dahlonega; at each of said gates when erected in pursuance of this act, the said corporation and the toll collectors thereof may demand and receive such rates of toll as the Board of Directors may determine as reasonable and proper. SECTION 8. And be it further enacted, That any person who shall wilfully injure, break or throw down any gate which shall have been erected on said road pursuant to the provisions of this act, or dig up or wilfully injure or spoil any part of said road or any thing thereunto belonging, or shall drag along or across such road any log, timber, wood or stone, or other material so that the same shall come in contact with the even surface of said road, or forcibly or fraudulently pass any such gate without the payment of the legal toll, or shall with his team, carriage, sled or other vehicle or animal turn out of said road and pass any gate thereon on ground adjacent thereto and again enter on such road,

Page 222

shall for any such offence forfeit to such corporation a sum not less than ten dollars in addition to the damages of such wrongful act, which penalties may be recovered by said corporation in an action of debt in any court having cognizance thereof. SECTION 9. And be it further enacted, That the said corporation hereby created shall possess the general powers and be subject to the general restrictions, provisions and liabilities usually conferred on corporations by the existing laws of force in this State, and may make and enforce all such by-laws, rules and regulations as the Directors thereof may from time to time adopt: Provided, that nothing contained in the said acts of the said corporation shall conflict with the laws and constitution of this State: And provided further, that no banking powers or privileges shall be exercised by said corporation. SECTION 10. And be it further enacted by the authority aforesaid, That Noah Sturgis, Alexander Nuckles, Jacob Martin, and Clarke Howell of the county of Forsyth; Edward Payne, B. F. Bomar, J. O. McConnell and J. Norcross of the county of DeKalb, together with all persons who shall become stockholders pursuant to the provisions contained in the foregoing clauses of this act as provided for the Dahlonega and Marietta Turnpike and Plank Road Company, shall be and they are hereby constituted a body politic and corporate by the name and style of the Cumming and Atlanta Turnpike and Plank Road Company, with full power to construct a Plank, McAdamised or Paved Road from the town of Cumming in Forsyth county to Atlanta in DeKalb county, said last mentioned company to be subject to all the restrictions and liabilities and to have all the privileges, powers, c. in every respect as are imposed, given, granted and conferred by the preceeding sections of this act on the Dahlonega and Marietta Turnpike and Plank Road Company. SECTION 11. And be it further enacted, That James Branon, John H. Glover, Edward Denmead, Samuel Lawrence, Charles J. McDonald, Thomas Kirkpatrick, George D. Rice, Samuel N. Maloney, David Irwin, Charles C. Bostwick, James F. Cooper, William Root, Noel B. Knight, William T. Winn, William P. Young, N. B. Green, J. N. Heggie, John S. Anderson, J. J. Northcutt, J. S. Morris, N.G. Slaughter, Isaac Sewell, N. M. Caulder, Jonathan Lindley, A. J. Hansell, W.J. Kiser, E.H. Lindley, and W.P. Kiser and all such others as may become stockholders in said company, be and they are hereby made a body corporate under the name and style of the Cobb county and Alabama Plank and Turnpike Road Company, with all the rights, powers, privileges, franchises and immunities herein before granted to and conferred upon the Dahlonega and Marietta Turnpike

Page 223

and Plank Road Company, with the right of creating and raising a joint stock fund in the name of said corporation not exceeding the sum of one hundred and fifty thousand dollars, to be appropriated and used by said company in erecting a Plank or Paved or Macadamized road from the the town of Marietta in the county of Cobb, to such point as they may select on the Alabama line in the county of Benton or Cherokee, under such rules, regulations, restrictions, limitations and provisions as the said Company may prescribe by its by-laws or resolves: Provided, that no by-law or resolve, rule or regulation of said company shall contravene or conflict with any provision of the Constitution of the United States, or of the Constitution and laws of the State of Georgia; And provided also, that the said company shall cause the said road to be erected so as to pass by or near the Powder Springs in Cobb county, and by or near a place called New Babylon in the county of Paulding, and on the best and most practicable route from thence to the Alabama line, and that said company shall complete said road within five years from and immediately after the passage of this act, under the penalty of a forfeiture of all the rights, privileges and immunities herein granted. SECTION 12. And be it further enacted, That A. S. Wingfield, Thomas Semms, Charles L. Batton, Aaron A. Cleveland, John H. Pope, Fielding L. Ficklin, Joseph J. Robinson, and their associates and assigns, be and they are hereby authorized to build, construct and keep up a Plank or Rail Road from the town of Washington in Wilkes county, to some point on the Georgia Rail Road and Banking Company's Road, and for that purpose shall be authorized to create and receive by subscription, a capital stock not exceeding two hundred thousand dollars, and shall be authorized to exercise all the powers and privileges conferred by the act of the General Assembly, passed in the year 1833, to incorporate the Georgia Rail Road Company, and under all the liabilities and restrictions therein contained. Approved, February 5, 1850. AN ACT to incorporate the Elijay 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 thirty feet clear of timber on side digging sixteen feet solid ground, not to rise more than one foot in timber, shall be established from the North Carolina State line, commencing at the end of the North Carolina State

Page 224

road, then the nearest and best way to Elijay, in Gilmer county, then the nearest and best way to the Federal Road in Cass county, at such place as the commissioners may think proper, the proprietors of which may dispose of a capital stock of ten thousand dollars, divided into shares of one hundred dollars each. SECTION 2. And be it further enacted, That the subscription for constructing and collecting the capital stock of said company or incorporation shall be opened on the first Monday in August next, at the town of Elijay, under the direction and superintendence of Benjamin Johnson, John Parks, William Kelley, Davis Collens, and Robert Kercado; and the books of subscription shall be kept open for twelve days, during which time it shall and may be lawful for any person or copartnership to subscribe for any number of shares, not exceeding ten: 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. SECTION 3. Be it further enacted, That when said subscription be filled, the stockholders may proceed to the election of five commissioners to manage the affairs of said company; said election to be held at Elijay, under the direction and superintendence of the persons herein appointed to open books at that place after they have been notified that the stock has been taken up, and after they have given twenty days' notice of the time of said election at the place where the books of 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 holdone 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. SECTION 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 Elijah 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 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. SECTION 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 by death, resignation or otherwise,

Page 225

and at the end of their term of office to hold an election for commissioners at such place and under such regulations as the by-laws may direct. SECTION 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 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 amount paid in. SECTION 7. And be it further enacted, That any person or persons injuring by cutting timbers in or across said road, or obstructing it in any way, shall be guilty of a misdemeanor, and on conviction be fined at the discretion of the Court, and also be liable for damages at the suit of the party aggrieved. SECTION 8. And be it further enacted, That said company shall have power to erect two toll gates at such place on said road as they may think proper: Provided, That one gate shall be north of Elijay, and the other south of Elijay; and may charge, demand and collect the following rates of toll, to wit: At each toll gate, for every five or six horse or ox wagon, sixty cents; for each four horse or ox wagon, fifty cents; for a two horse or ox wagon, twenty-five cents; for one horse or ox wagon, fifteen cents; all two horse four wheel pleasure carriages, fifty cents; for all one horse pleasure carriages, thirty cents; for each man and horse, ten 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, however, That the citizens of the county of Gilmer shall not be required to pay toll at said gates. SECTION 9. And be it further enacted, That said Turnpike Road shall be commenced within twelve months from the passage of this act, and shall be finished within one year thereafter, and when finished shall vest in said company in fee simple for the term of twenty years. SECTION 10. And be it further enacted, That said company shall not be permitted to charge toll unless they shall have finished said road agreeably to the charter herein before stated,

Page 226

nor shall they charge toll unless the rates of toll are published and stuck up at said toll gates. SECTION 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 issue any change bills, checks or drafts in any manner whatever. SECTION 12. And be it further enacted, That the Justices of the Inferior Court of the county of Gilmer, or a majority of them, are authorized, and it is hereby made their duty, if said road is not kept in good and sufficient repair, according to the true intent and meaning of this act, to order and direct the Sheriff of said county, and it is hereby made his duty, to throw and keep open the several gates, until the said road shall have been put in good repair, to be adjudged of by the Justices aforesaid. SECTION 13. And be it further enacted, That all laws and parts of laws militating against this act, be and they are hereby repealed. Approved, February 23, 1850. AN ACT to incorporate the Griffin and West Point Plank Road Company for the purpose of constructing a Plank Road from Griffin to the town of West Point in Troup county, and to punish those who may wilfully injure the same. SECTION 1. Be it enacted by the Senate and House of Representatires of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That for the purpose of constructing and keeping up a Plank Road communication from the city of Griffin in the county of Pike to the town of West Point in the county of Troup, the subscribers for the capital stock herein after mentioned and their assigns shall forever hereafter be a body politic and corporate by the name and style of the Griffin and West Point Plank Road Company, and by said corporate name shall be capable in law to purchase, accept, hold, and sell, and convey real and personal estate, make contracts, sue and be sued, to make by-laws, and to do all lawful acts properly incident to a corporation and necessary and proper for the transaction of the business and construction of the work for which it is incorporated, and to have and use a common seal, and the same to alter and destroy at its pleas ure. SECTION 2. And be it further enacted, That the capital stock

Page 227

of said company shall be two hundred thousand dollars, divided into shares of fifty dollars each, but may be increased from time to time as may be deemed expedient by the majority of the Board of Directors of such corporation for the time being, and by such sum or sums as said Board of Directors may order and determine: Provided, that said capital stock, when so increased, shall not in the whole [Illegible Text] three hundred thousand dollars. SECTION 3. And be it further enacted, That for the organization of the company, so soon as the amount of thirty thousand dollars has been subscribed after the passage of this act, the subscribers for the stock aforesaid shall meet at the Town Hall in the city of Griffin, of which meeting ten days previous notice shall be given in the public gazettes of Griffin; at which time and place the subscribers may attend in person or be represented and vote by proxy, and no one but a subscriber shall be capable of being a proxy, and the appointment shall be in writing and signed by the appointing member; and the subscribers and the proxies, when so convened, shall proceed to elect by ballot a President and seven Directors, the election to be held and superintended by William W. Chapman, Archibald A. Gaulding, Miles G. Dobbins, William R. Phillips and William Fleming, or any three of them, as a board of managers to conduct said election; each subscriber shall be entitled to one vote for every share of stock subscribed for by him or her; the officers so elected shall serve one year and until a new election be made: And be further enacted, that the President shall always be one of the Board of Directors, and shall have a voice and vote as such. SECTION 4. And be it further enacted, That the election of President and Directors shall be had annually according to a by-law to be made for that purpose; [Illegible Text] at which election, and at all votings whatever by the stockholders at any stated or occasional corporate meetings, each subscriber shall be entitled to a number of votes equal to the number of shares he or she may hold in the stock of said company; and in case any vacancy occur in the Board between the stated periods of election, the Board of Directors or a majority of them, at any regular or stated meeting of the Board, may elect by ballot from among the stockholders a person to fill the vacancy until the next general election of Directors; but if it should so happen that the day of the annual election of President and Directors should pass without an election being made in whole or in part, the corporation shall not thereby be dissolved or deemed to be discontinued, but it may be lawful on any other day to hold and make such election in such manner as may be prescribed by the by-laws of the corporation, subject always to the rule proscribed in the foregoing part of this section.

Page 228

SECTION 5. And be it further enacted, That the Griffin and West Point Plank Road Company shall have power and capacity to purchase, have and hold in fee simple, or for years, to them and their successors, any lands or tenements that they may find necessary for the site on and along which to locate, run and establish the aforesaid Plank Road, or to vary or alter the plan or plans, and of such breadth and dimensions through the whole course of said road, and also in like manner to purchase and hold any lands contiguous to or in the vicinity of said Plank Road that they may find necessary for the purpose of procuring all necessary or proper materials for constructing, repairing and adequately guarding and sustaining said Plank Road, and also all lands contiguous thereto that may be found necessary for the erecting of toll houses and other buildings or accommodations that may be necessary or useful to said road or to the business thereof; and said company shall have power, if need be, to conduct the Plank Road across any public road or highway, and across any streams or water courses that may be across the route: Provided, said company shall so construct their Plank Road across all public roads as not to obstruct or injure the same. SECTION 6. And be it further enacted by the authority aforesaid, That in all or any case or cases where land or private rights of way may be required by said company for the uses aforesaid, and the same cannot, for want of agreement between the parties as to price or for any other cause, be purchased from the owner or owners thereof, the same may be taken at a valuation to be made by commissioners, one of whom shall be appointed by the Judge of the Superior Court of the county wherein the land may be located, one by said Plank Road Company, and one by the owner of the land; but if such owner shall decline to appoint a commissioner, then the Judge of the Superior Court shall appoint two and the company one commissioner, all which commissioners shall be disinterested freeholders of the county wherein the land is located, and shall before they act severally take an oath before some Justice of the Peace faithfully and impartially to discharge the duties assigned them, the award of whom in writing shall operate as a judgment for the amount against the company, and shall be enforced by an execution from the Superior Court with the right of appeal to either party to be tried by a special jury at the next term thereafter of the Superior Court of said county, and the decision shall vest in the company the fee simple of the land in question, and in the other party a judgment for its value thus ascertained, which may be enforced by the ordinary process of said Court: Provided, nothing herein contained shall authorize the purchase or taking under the award of the commissioners any more land than shall be necessary for the

Page 229

construction of said road and the building of stations thereon. SECTION 7. And be it further enacted, That in making the said valuation the commissioners, and in case of appeal the court of appeal, shall take into consideration the loss or damage which may occur to the owner or owners in consequence of the land being taken or the right of way obstructed; and also the benefit and advantage he, she or they may receive from the erection and establishment of said Plank Road, and shall state particularly the nature and amount of each, and the excess of loss and damage over and above the benefit and advantage, shall form the measure of valuation of the said land or right of way: Provided, that no difference or disagreement between the company and any landholder shall operate by injunction or otherwise to suspend the progress of said work, but the same shall be continued without interruption on adequate security being given by said company to the land holder to pay such damages as shall be assessed in manner aforesaid: Provided, that nothing in this section shall be so construed as to authorize the commissioners to make any estimate or valuation by which the landholder shall become indebted to the corporation: And provided, five days notice shall be given to the owner of such land of the time and place of trial: Provided, that if the Judge of the Superior Court be a stockholder, then the Justices of the Inferior Court, or a majority of them, in the county, not being stockholders, in which the land or lands lie. SECTION. 8. And be it further enacted, That whenever it shall become necessary for said Plank Road Company to use any part of a public highway for the construction of said Plank Road, the commissioners of roads of the [Illegible Text] district in which such highway is situated, or a majority of them, may agree with said company upon the compensation and damages to be paid by said company for taking and using such highway for the purposes aforesaid; such agreement shall be in writing, and shall be filed and recorded in the office of the Clerk of the Superior Court of the county through which the highway may pass; in case such agreement cannot be made, the compensation and damages for taking such highway for such purposes shall be [Illegible Text] in the same manner as the compensation and damages for taking the property of individuals; such compensation and damages shall be paid to the Inferior Court of the county, to be expended in improving the highways of such district for which the damages may be assessed. SECTION 9. And be it further enacted, That the said company shall have the exclusive control of said Plank Road, so as to be entitled and empowered to receive and collect tolls on all and every vehicle of whatsoever character and denomination, and all other things or animals which may pass on the said Plank Road; and that for the collection of tolls

Page 230

the said company or its proper officers may stop and detain all vehicles, produce or merchandize, or live stock or other thing or things passing on said Plank Road, until the owners or carriers thereof shall pay the toll that shall be fixed by said company; and if any owner, carrier or other person in charge of any vehicle, live stock or other thing or things shall pass by any toll gate or other place appointed for taking tolls without making payment thereof, he, she or they so offending shall forfeit and pay for each offence treble the amount of toll usually required to be paid, to be sued for and recovered by action of debt in any court having competent jurisdiction thereof together with cost of suit. SECTION 10. And be it further enacted, That if any [person] shall wilfully and maliciously destroy, or in any manner hurt, damage, injure, or obstruct, or shall wilfully and maliciously cause, or aid and assist, or counsel and advise any other person or persons to destroy, or in any manner hurt, damage or injure, or obstruct the said plank road, or any vehicle, right, or privilege connected therewith, such person or persons so offending shall be liable to damages on the civil side of the Court, and shall else be liable to be indicted, and on conviction thereof shall be fined or imprisoned, or both, at the discretion of the Court. SECTION 11. And be it further enacted, That the exclusive right to make, keep up and use a plank road from Griffin to West Point shall be vested in said company for and during the time of thirty years, to be computed from the time when said plank road shall be completed and ready for use through the whole distance from Griffin to West Point. SECTION 12. And be it further enacted, That the power of making the by-laws and of appointing officers, agents and servants, as the business of the company may require, and of controlling generally its affairs, and of entering into contracts in its behalf, shall be exercised by the President and Directors of said company. SECTION 13. And be it further enacted, That any company authorized by the State of Georgia shall have the right of connecting other plank roads with the one contemplated by this act, and continuing the plank roads so conducted in any direction, except between Griffin and West Point, parallel with said road. SECTION 14. And be it further enacted, That the commissioners mentioned in the sixth and seventh sections of this act, shall make a return of the award or awards made by them to the Superior Court of the county, within twenty days after said award or awards is or are made, and the same shall be recorded in the Clerk's office of the Superior Court of the county; the fees for such recording [Illegible Text] be the same as those allowed for other records of a [Illegible Text] character, and shall be paid by the said Plank Road Company.

Page 231

SECTION 15. And be it further enacted, That the commissioners mentioned in the foregoing part of this act shall be allowed two dollars per day for each day they may actually be engaged in making assessments of damages, to be paid by said Plank Road Company. SECTION 16. And be it further enacted, That the Plank Road to be built by virtue of this act shall not exceed fifty feet in width exclusive of wells, watering places and turnouts, and shall be so constructed as to make secure and maintain a smooth and permanent road, the track of which shall be made of timber, plank or other hard material, so that the same shall form a hard and even surface, and so constructed as to permit carriages and other vehicles conveniently and easily to pass each other, and also so as to permit all carriages to pass on and off, when such road is intersected by other roads. SECTION 17. And be it further enacted, That whenever said company shall have completed three consecutive miles of said Plank Road, they may erect one or more toll gates thereon, but no two toll gates shall be nearer than three miles of each other; and may demand and receive toll not exceeding three cents per mile for any vehicle drawn by two animals; and for any vehicle drawn by more than two animals, one cent per mile for every additional animal; for every vehicle drawn by one animal, two cents per mile; for every head of sheep, swine, or goats, and for every head of neat cattle, one mill per mile; for every horse and rider, or led horse or mule, over one and a half cents per mile; and every drove horse or mule half cent per mile. SECTION 18. And be it further enacted, That the President and Directors of said company may require payments of the sums subscribed to the capital stock at such times and in such proportions, and on such conditions, as they shall see fit, under the penalty of the forfeiture of their stock by the stockholders and all previous payments thereon; and they shall give notice of the payments [Illegible Text] required, and of the place and time when and where the same are to be made, at least twenty days previous to the payment of the same, in one or more of the public gazettes of Griffin, or by sending such notice to such stockholder by mail, directed to the post office nearest his, her or their residence. SECTION 19. And be it further enacted, That the shares in the stock of said company shall be deemed personal property, and may be transferred as shall be prescribed by the by the by-laws of such company. SECTION 20. And be it further enacted, That the persons and property of the stockholders in the said Plank Road Company and the said Plank Road shall be pledged and bound in proportion to the amount of the value of the shares that each individual or company may subscribe for or hold

Page 232

in said company, for the ultimate payment of all debts made or contracted by said company, in the same manner as in common commercial cases, or simple actions of debt, to be collected in the manner pointed out in the 9th section of the act incorporating the Gainesville Railroad Company. SECTION 21. And be it further enacted, That the debts and liabilities of said Plank Road Company shall not exceed in amount, at any one time, ten thousand dollars; and if such debts and liabilities shall at any time exceed such amount, the Directors who created or suffered to be created such excess of liability, shall be, jointly and severally, individually liable for such excess in addition to their liability as stockholders as provided in this act: Provided, That no Director shall be liable for any excess as aforesaid, who was absent at the time such excess was created or incurred, or who being present dissented therefrom, and entered his or their dissent on the minutes of said Board of Directors. SECTION 22. And be it further enacted, That said company shall have the privilege of building any branches to connect said Plank Road with such points as the Directors of said company, with the consent of a majority of the stockholders thereof, may deem expedient: Provided, That the said branches shall be deemed a part of said road, entitled to all the privileges, and subject to all the liabilities and restrictions, as apply to the main trunk of said Plank Road as contained in this act. SECTION 23. And be it further enacted, That all vehicles and horsemen travelling over said Plank Road shall in passing other vehicles and horsemen, always pass on the right hand side of said road, in failure of which any driver of a vehicle shall forfeit and pay to the toll gatherer at the next toll gate he may pass, the sum of one dollar, and every horseman, the sum of twenty-five cents, upon complaint of any person or persons who may give information of the same. SECTION 24. And be it further enacted, That all persons travelling on foot over said road shall at all times pass free of toll. SECTION 25. And be it further enacted, That the Directors aforesaid shall have the power to enjorce payments for stock subscribed, in the same manner as other debts are collected, in any court having competent jurisdiction of the amount due by any stockholder; and the failure to pay on the part of any stockholder any instalment or instalments called in according to the provisions of this act, may induce a forfeiture of said stock and all previous payments made thereon, at the option of the Board of Directors of said company. SECTION 26. And be it further enacted, That said company shall complete and finish the said road within six years from the passage of this act. Approved, December 20, 1849.

Page 233

AN ACT to incorporate the North-eastern Plank or Rail Road Company of the State of Georgia, and to punish persons for violating 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 for the purpose of constructing a Plank or Rail Road from the town of Washington in Wilkes county, to the town of Elberton in Elbert county in said State, Tinsley W. Rucker, Alfred Hammond, Henry P. Mattox, James Lofton, Robert Hester, Jefferson Bowman, Robert McMillan, William W. Bowen and John D. Watkins, of the county of Elbert, William Andres, B. W. Fortson, Henry P. Wooten, John Winn William Jordon and Samuel Winn, of Wilkes county, and their associates and successors in office, and assignees, be and they are hereby created a corporate body politic, by the name and style of the North-eastern Plank or Railroad Company, with vested rights and privileges, and by said corporate name and style shall be capable in law to purchase, accept, hold and sell and convey real and personal estate, make contracts, sue and be sued, to make by-laws, appoint all necessary officers and prescribe their duty, and to do all lawful acts properly incident and connected with the objects of the said corporation and necessary for the government and transaction of its business in the purposes of its incorporation, and to make and use a common seal, and the same to alter and destroy at its pleasure: Provided, that their by-laws be not repugnant to the Constitution and laws of the United States and of this State. SEC. 2. And be it further enacted, That the capital stock of said company shall not exceed one million of dollars, to be divided into shares of one hundred dollars each; the Board of Directors shall prescribe the mode and conditions of the subscriptions for the stock in said company, and issue certificates for the same. SECTION 3. And be it further enacted, That for the organization of the said company, the said persons herein before named, or a majority of them, shall appoint the times and places at which the subscriptions for stock in said company may be made, and shall in a short time thereafter appoint a convenient time and place for the meeting of the subscribers for stock, of which they shall give notice in one of the public gazettes of the city of Augusta, and the Washington gazette, at which time and place they shall proceed to the election of seven Directors, who shall form and constitute the first Board of Directors, one of whom, said Directors shall elect as President thereof; and said President and Directors shall hold their offices for the term of one year, and shall prescribe in their by-laws the manner of holding the subsequent

Page 234

annual elections for Directors and Presidents, and in all cases the stockholders shall be allowed to vote in person or by proxy, under power of Attorney duly executed, and each stockholder shall be entitled to as many votes as he or she may hold shares, in his or her own right, or as Trustee; the said Board of Directors shall have power to fill all vacancies which may occur in their Board, or other office, until the regular annual election by the stockholders, and shall fix the compensation of the President of said Board, and all other officers of said corporation; not less than four Directors shall constitute a Board for the transaction of business, of whom the President shall always be one, except in cases of sickness or necessary absence, in which case his place may be supplied by any one of the Directors present, to be elected President pro tem. by a majority of the Board present. SECTION 4. Be it further enacted, That the said Board of Directors shall have power to select and take or receive, as donations, such strips and portions of land, not exceeding two hundred feet in width, for the construction, convenience and protection of said Plank or Rail Road; and in case of disagreement between the owner or owners, and the said Board of Directors, in relation to the damages or price of any such strip or strips, portion or portions of land, it may and shall be lawful for said Board of Directors to appoint one disinterested freeholder as an appraiser, and the owner or owners of such land another disinterested freeholder, if he, she or they should think proper, and the Justices of the Inferior Court, or a majority of them, of the county in which such land or lands may lie, shall appoint another disinterested freeholder, but if such owner or owners shall decline to appoint an appraiser on his, her or their part, then the Justices aforesaid shall appoint two, all of whom shall be sworn by a Justice of the Inferior Court, or Justice of the Peace, to make and return to said Inferior Court, a just, true and impartial valuation of the damages or value of such strip or strips, portion or portions of land thus required by said company, and their award shall be in writing, signed by at least a majority of said appraisers, and accompanied by a plat and full description of said land, which shall be considered as a judgment against the company for the amount awarded, and may be enforced by an execution from the said Inferior Court, and the said plat and description of said land shall be recorded in the said county in the same manner as deeds, and shall vest the fee-simple right to the said strip or strips, portion or portions of land in the said corporation: Provided, that if either party shall be dissatisfied with the award of the appraisers, he, she or they may appeal to the Superior Court of the county where the land lies, and have the damages ascertained by the verdict of a special jury at the first term, and such verdict shall be conclusive and binding on both parties.

Page 235

SECTION 5. Be it further enacted, That the said company shall build and keep in good order substantial bridges or ways of passage across said Plank or Rail Road, whenever it may cross a public road; and if any person or persons shall wilfully and maliciously destroy or in any manner hurt, damage, injure or obstruct said Plank or Rail Road, or any of the appurtenances or appendages thereunto belonging or appeartaining, such person or persons so offending shall be liable to be indicted for a misdemeanor, and on conviction thereof shall be imprisoned at hard labor in the Penitentiary, at the discretion of the Court, for a term not less than four years, and shall further be liable to pay all expenses for repairing or rebuilding the same. SECTION 6. Be it further enacted, That the books, papers and correspondence, and the funds of said company shall at all times be subject to the inspection of the Board of Directors and the stockholders, at every meeting thereof, if required, and all bonds, notes or other evidences of debt, or contract, or liability or engagement on behalf of said company, shall be binding and obligatory on said corporation, when the same shall be signed by the President of said company and countersigned or attested by the Secretary thereof; and the funds of said company shall in no case be held responsible for any contract or engagement, unless the same shall be so signed, countersigned or attested as aforesaid. SECTION 7. Be it further enacted, That said road shall cross Broad river at Anthony's Shoals, or any other point the said company may deem most practicable, and that said company shall have power to construct a bridge across said river in such style and manner as they may think fit, both for the purposes of said road, and for the passage of every description of travel that may wish to cross on said bridge; the President and Directors of said company shall have power to fix the rate of toll for passing said bridge: Provided, the rates be not greater than is allowed by law to the ferry across said river at Petersburg. SECTION 8. Be it further enacted, That though the said road may finally pass through the Rabun Gap to the northern line of the State, yet said company shall have power to construct one or more branches; they may also begin the construction of their road at any point that may seem most fit to the President and Directors; nevertheless, if such company shall not organize and commence the construction of its road in three years from the passage of this act, then the rights, powers and privileges conferred shall cease and determine. SECTION 9. And be it further enacted, That the 9th section of an act to incorporate the Gainesville Rail Road Company, approved 28th December, 1847, shall become and be a part and parcel of this act. Approved, [Illegible Text] 21, 1849.

Page 236

AN ACT to authorize the Savannah and Albany Railroad Company to make and use a Plank Road and branches in connection with their Railroad and branches or 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 authority of the same, That the Savannah and Albany Railroad Company be authorized to construct and use Plank Roads in connection with their Railroad and branches; or if the company shall deem it expedient, they make and use Plank Roads in lieu of the Railroad and branches. Approved, February 21, 1850. AN ACT to incorporate the stockholders of the Cherokee Rail Road or Plank Road Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That R. S. Simmons, Seaborn J. Johnson, Joshua R. Simmons, James Lake, William K. Posey, Oliver P. Fannin, James Alexander, Josiah Gill, Joel Dean, A. T. Hardin, Isaac Anderson, William Johnson, Robert Ihley, Sterlin Combs, James M. McIntire, Daniel R. Mitchell, Daniel S. Printup, A. A. Anderson and William E. Alexander, or such of them as shall associate under the name, or such other persons as shall associate under said name, shall be and are hereby incorporated and made a body politic, with all the rights and privileges common and necessary to such corporations, under the name of the Cherokee Rail or Plank Road Company. SECTION 2. And be it further enacted, That said company shall be authorized to build a Railway or Plank Road, as to them may seem most desirable, from the Alabama line through Cave Spring to Rome, Georgia, charging upon every mile thereof as completed, such amount for freight or travel as may be deemed expedient; and for procuring stock in the same, to open books and procure subscriptions of stock at the rate of twenty dollars per share, at such times and places as may be thought proper; to elect Presidents and Directors, agents and servants, to borrow money, make contracts and hold real or personal estate to and for the use of said road. SECTION 3. And be it further enacted, That in all cases where a question of right of way shall arise and the parties be unable to agree, the Sheriff of the county of Floyd shall summon a jury of twelve jurors, freeholders of the county, who shall assess the damages to be paid by said company,

Page 237

for running said road over the land [Illegible Text] any citizen, saving to either party the right of appeal to the Superior Court, under the laws now regulating appeals to that Court, and in all instances such jurors shall in addition to the usual oath, be severally sworn in assessing damages, to take into the account the prospective value of the road to the land and premises through which it may run, and to hear evidence touching the same. SECTION 4. And be it further enacted, That said company shall be authorized to make such contracts for, and to appropriate all lands for the right of way, and materials necessary for the construction of said road, making proper and just compensation therefor, according to the plan set forth in section the third, and to take such other measures not unlawful in themselves, as may be necessary to build said road and carry out the objects of the same. SECTION 5. And be it further enacted, That the said company shall not be permitted to build a Rail Road until they shall first have obtained the consent of the Steamboat Company upon the Coosa river. Approved, February 21, 1850. AN ACT to alter and amend an act entitled an act to incorporate the Ocmulgee Railroad Company, and to punish persons for violating the provisions 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 aforesaid, That the time for grading five miles of said road, as specified in the 11th section of the before recited act, be and the same is hereby revived and extended to five years from and after the passage of this act. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 5, 1850. AN ACT to alter and amend the third section of an act entitled an act to amend an act to incorporate the Muscogee Railroad Company, and to punish persons for violating the provisions of the same, approved December 27th, 1845, and to authorize said company to take and hold in fee simple the plat of ground granted to the same by the Mayor and Council of the city of Columbus, passed the 27th of December, 1847, so far as to change the shape of

Page 238

said plat of ground, and for other purposes therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the [Illegible Text] Railroad Company may take and hold in fee simple the plat of ground containing four acres on the east common, for the purpose of a Railroad depot, lying south of the Railroad depot, and between Randolph and St. Clair streets, granted to said company by the Mayor and Council of the city of Columbus, by a resolution of the same, adopted on the eleventh day of December in the year 1849:; Provided, said company shall relinquish to the city of Columbus all their right to the use of four acres of land lying east of their said depotany law, usage or custom to the contrary notwithstanding. Approved, February 14, 1850. AN ACT to extend the time for the completion of the Ocmulgee and Flint Railroad and Canal Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the time allowed for the completion of the Ocmulgee and Flint Railroad and Canal Company be and is hereby extended to the first day of January in the year (1860) eighteen hundred and sixty, subject to the same restrictions as are embraced in the second section of an act supplementary to and amendatory of the original act of incorporation, assented to 22d December, 1834. SECTION 2. And be it further enacted, That all laws and parts of laws, militating against the spirit and intention of this act, be and the same are hereby repealed. Approved, December 21, 1849. AN ACT to amend an act incorporating the Atlanta and Lagrange Railroad Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Atlanta and Lagrange Railroad Company shall have power to extend their road to the Alabama line at or near West Point.

Page 239

SECTION 2. And be it further enacted, That any contract made between said company and the Macon and Western Railroad Company for a junction of their road, and the joint use of said road, or any part thereof, shall be binding between the [Illegible Text]; and should any such contract or arrangement for a limited time suspend the completion of the Atlanta and Lagrange Railroad, the part of said road so suspended may be finished at any time within three years after the termination of said contract. SECTION 3. And be it further enacted, That when the said Atlanta and Lagrange Railroad Company cannot agree with the owner or owners of any land through which they may propose to construct said road, and the said company shall comply with the provisions of the fourth section of the original charter of said company, the progress of said road shall not be delayed by said disagreement; they shall proceed with their road on tendering to said owner or claimant a bond with good security to pay to him or them the amount of the final award in said controversy. Approved, December 14, 1849. AN ACT to amend the several acts in relation to the Georgia Railroad and Banking Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Georgia Railroad and Banking Company shall be allowed to increase their capital to a sum not exceeding five millions of dollars, upon such terms, limitations and conditions as the stockholders thereof in convention shall determine: Provided always, That the banking capital of said company shall not be increased beyond the amount now authorized by their charter, namely, one million of dollars. SECTION 2. And be it further enacted, That the Georgia Railroad and Banking Company shall be and they are hereby authorized to subscribe for and hold in the Nashville and Chattanooga Railroad Company of the State of [Illegible Text], stock to the amount of two hundred and fifty thousand dollars, or any less amount, upon the terms and restrictions contained in the charter of the said last mentioned company or such other as may be agreed on. SECTION 3. And be it further enacted, That the power heretofore granted to the Georgia Railroad and Banking Company, of constructing a branch of their road to Washington, in the county of Wilkes, be and the same is hereby revived and authorized to be exercised by said company: Provided,

Page 240

That the amount of the increased stock of said company shall not be exempted from taxation, as is secured to the present stock by the latter clause of the 15th section of the charter of said company, but shall be subject to such tax as the Legislature may hereafter impose. Approved, December 20, 1849. AN ACT to incorporate the Eatonton Branch Rail Road. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Michael Dennis, Stephen B. Marshall, David R. Adams, James A. Meriwether, Alexander J. Reid, Samuel A. Wales, Ellmore Calloway, Andrew Reid, John A. Cayburn, Robert Bledsoe, Evan Harvey, Samuel Pearson, James Nicholson, Alexander B. Harrison, Wm. B. Carter, Herrod Bridges, Joshua Driskell and Wm. Garrard, and their associates be and they are hereby declared to be a body politic, under the name of the Eatonton Branch Rail Road, for the purpose of constructing a Rail Road from the town of Eatonton to the most eligible point on the Milledgeville or Central Rail Road, and as such shall sue and be sued, plead and be impleaded. SECTION 2. And be it further enacted, That the capital stock of said road shall consist of four hundred thousand dollars, to be divided into shares of one hundred dollars each; that said company shall be under the direction of a President and seven Directors, to be selected by the stockholders, and to hold their office for the period of one year, and until their successors are elected; that said Directors shall have the power of making such by-laws as may be deemed necessary for the management of the affairs of the company, not conflicting with the laws of this State; that the corporation before mentioned shall have the privilege of opening books of subscription for the purpose of obtaining the necessary amount of stock to build said road in such manner as they may deem best. SECTION 3. And be it further enacted, That said company shall possess and enjoy all the rights, immunities and privileges which are had, possessed and enjoyed by the Central Rail Road and Banking Company, except the privileges of Banking and exemption from taxation, and shall be subject to all the pains, penalties, liabilities, restrictions and limitations which are incident to and binding upon said company. Approved, February 15, 1850.

Page 241

AN ACT to grant the privilege to the stockholders of the Cross Plains and Red Clay Branch Railroad Company to change the name of said road, 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 name of the Cross Plains and Red Clay Branch Railroad Company be and the same is hereby changed, and that it shall hereafter be known by the name of the Union Branch Railroad, with all the rights and privileges conferred, and subject to all the liabilities in the original charter by an act of the General Assembly of this State, approved the 22d day of December, 1840; and that the ninth and tenth sections of said act be and the same are hereby repealed. SECTION 2. And be it further enacted by the authority aforesaid, That the Secretary of said company be and he is hereby vested with full authority to transfer all forfeited stock of said company by the original stockholders to others desirous of purchasing the same, and that the said company be allowed the term of three years from the passage of this act to complete their work. SECTION 3. And be it further enacted, That said company shall be deemed a common carrier as respects goods, wares, produce and merchandize, entrusted to them for transportation, and have the right to demand freight and toll on the same, and also for passengers, such as the Board of Directors may find necessary to adopt. Approved, December 5, 1849. AN ACT to incorporate the Houston Branch Railroad Company, and to authorize said Company to construct a Railroad from some suitable point [Illegible Text] the Southwestern Railroad to the town of Perry in Houston 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 Howell Cobb, Samuel Felder, Eli Warren, John Laidler, sen., William Allen, Alfred Nelson, William H. Miller, James W. Belvin, George F. Cooper, and William H. Talton, and their successors, shall be constituted a body corporate under the name and style of the Houston Branch Railroad Company, to be capable in law of suing and being sued, to have a common seal and the same to break and [Illegible Text] at pleasure, and to perform the usual functions incident to corporations. SECTION 2. And be it further enacted by the authority aforesaid, That the said company shall have the power to construct and maintain a railroad from some eligible point on

Page 242

the Southwestern Railroad, to be agreed upon by said Company and said Southwestern Railroad Company, to the town of Perry in Houston county, and to take land for the purpose of building the said Railroad, upon the same terms and under the same restrictions as are prescribed and provided for in the charter of the Southwestern Railroad, and to equip and furnish the said Railroad with the necessary engines, cars, and other apparatus for the transportation of goods, produce and merchandize. SECTION 3. And be it further enacted by the authority aforesaid, That the capital stock of said company shall be one hundred thousand dollars, to be divided into shares of one hundred dollars each, and that the said corporators, or a majority of them, shall, after the passage of this act, be authorized to open books in the town of Perry, and at such other places as they may deem proper, for subscriptions to said stock, giving thirty days' notice in the public gazettes of the city of Macon, and posting the same at the court-houses of the counties where books may be opened; that said corporators may receive subscriptions payable in cash, or in work, or materials for said Railroad, at fair prices. SECTION 4. And be it further enacted by the authority aforesaid, That when the sum of twenty-five thousand dollars shall be subscribed, the said corporators, or a majority of them, are authorized to advertise for an election to be held in the town of Perry for seven Directors to manage the affairs of said corporation, and the said Directors when chosen shall elect one of their number to be President, thirty days' notice of said election to be given by advertisement as aforesaid. SECTION 5. And be it further enacted by the authority aforesaid, That the said company shall have the same powers and privileges in relation to the organization of the company, construction of the road or its management, as are granted to the Southwestern Railroad Company, and be subject to the same restrictions and liabilities: Provided, said powers and privileges do not conflict with or contravene the interests of said Southwestern Railroad Company. SECTION 6. And be it further enacted by the authority aforesaid, That said company shall have power to make such arrangements for the working said road in connection with the Southwestern Railroad, as may be agreed upon between the two companies. SECTION 7. And be it further enacted, That the ninth section of the act to incorporate the [Illegible Text] Railroad Company, approved December 28th, 1847, shall become and be a part and parcel of this act. SECTION 8. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, December 20, 1849.

Page 243

AN ACT to amend the charter and change the corporate name of the Memphis Branch Railroad and Steamboat Company of Georgia. WHEREAS by virtue of an act of incorporation passed the twenty-first day of December, 1839, and amendments thereto, a company, constisting of William R. Smith, Alfred Shorter, John P. Eve, John P. King, Daniel R. Mitchell, and others, was duly organized under the corporate name and style of the Memphis Branch Railroad and Steamboat Company of Georgia: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That William R. Smith, Alfred Shorter, John P. Eve, J. W. M. Berrien, John P. King, and others, the present stockholders, and their successors and assigns, proprietors of the Railroad contract and leading from Kingston to Rome in this State, be hereafter known and recognized as a body politic and corporate by the name and style of the Rome Railroad Company, with all powers, privileges and liabilities contained in the act aforesaid; and in all contracts or cause of action heretofore [Illegible Text] hereafter made accruing, the said company shall by the said name of the Rome Railroad Company sue and be suedany thing in the original act of incorporation to the contrary notwithstanding. Approved, January 16, 1850. AN ACT to amend an act entitled an act to incorporate the Southwestern Railroad Company, with power to extend branches to Albany in the county of Baker, and Fort Gaines in the county of Early, or to points below those places on the Chattahoochee and Flint rivers, and to punish those who may wilfully injare the same, assented to December 27th, 1845, 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, said Railroad Company shall have power and authority to construct a branch of said road from some point on said road to any point on the Chattahoochee river below the town of Florence in the county of Stewart, which said company may deem most advisable and proper, under the rules and restrictions as they are now authorized to construct said Southwestern Railroad: Provided, That if said company do not build the main trunk of

Page 244

said road to or below Fort Gaines within two years from the time that the same is completed to the point at which the said branch road if commenced may intersect, then said company shall be liable to refund to the stockholders now residing in Early and Randolph counties, or their assigns, the amount of stock held by them, with interest from the time the same was paid. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to repeal the third section of an act approved 29th December, 1847, entitled an act to authorize the Central Railroad and Banking Company, and the Macon and Western Railroad Company, or either of them, to form a junction of the Central Railroad and Macon and Western Railroad in [Illegible Text] near the limits of the city of Macon. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the said third section of the above recited act be and the same is hereby repealed. Approved, February 23, 1850. AN ACT to authorize the subscription by the State to the capital stock of the Milledgeville and Gordon Railroad Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Governor of this State be and he is hereby authorized to subscribe for and [Illegible Text] behalf of the said State, the sum of twenty thousand dollars to the capital stock of the Milledgeville and Gordon Railroad Company, to be paid for in the bonds of said State, to be issued and delivered to the President and Directors of said company when said railroad shall be completed, payable in ten years, bearingan interest of six per cent. payable annually under such other and further rules and regulations as are prescribed in the laws heretofore passed for the issue of the bonds of the State. SECTION 2. Be it further enacted, That in consideration

Page 245

of the aforesaid subscription by the State, the Milledgeville and Gordon Railroad Company shall be bound to transport on their said road, free of charge, all freight [Illegible Text] for the use of the Lunatic Asylum and Penitentiary, and all articles manufactured in said Penitentiary, and transported to market elsewhere. SECTION 3. And be it further enacted, That the State shall have two Directors in the Board of Directors of said company, to be elected by the General Assembly at such times as may be necessary and proper. Approved, February 8, 1850. AN ACT to authorize and empower the Muscogee Railroad Company to connect their Railroad with the South-western Railroad, 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 [Illegible Text], and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the Muscogee Railroad Company be and are hereby authorized and empowered to connect their Railroad with the South-western Railroad at Fort Valley, or at any point between Fort Valley and the city of Macon. Approved, February 5, 1850. AN ACT to authorize the Alabama and Georgia Railroad Company of the State of Alabama to extend their contemplated Railroad from the Alabama line to the town of Cartersville, or near the same, in the county of Cass, to secure to said Company certain rights and privileges, 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 Alabama and Georgia Railroad Company of the State of Alabama shall be allowed the privilege of making every necessary reconnoisance and survey for the purpose of ascertaining the most eligible route for the extension of the contemplated Alabama and Georgia Railroad from the Alabama line to the town of Cartersville, or near the same, in the county of Cass. SECTION 2. And be it further enacted by the authority aforesaid, That so soon as said route shall be ascertained, the said Alabama and Georgia Railroad Company shall be allowed the right of way over said route to said town of Cartersville, or other point, upon paying the owner or owners,

Page 246

through whose land such route shall pass, a fair and reasonable compensation for the damages done, or value of such strip or strips of land as may be required by said company for the building of said road; and in case of a disagreement between the owner or owners and the said company, in regard to the damages or price of any such strip or strips of land, it shall and may be lawful for said company to appoint one disinterested freeholder as an appraiser, and the owner or owners of such lands another disinterested freeholder, if he, she or they should think proper, and the Justices of the Inferior Court, or a majority of them, of the county through which said road may pass, shall appoint another disinterested freeholder; but if such owner or owners shall decline to appoint an appraiser on his, her or their part, then two shall be appointed by the Justices aforesaid, all of whom shall be sworn by a Justice of the Peace to make and return to said Court a just, true, and impartial valuation of the damages, or value of such strip or strips of land thus required by said company, and their award shall be in writing, and signed by at least majority of the appraisers, and accompanied by a plat and full description of said land, which shall be taken and held as a judgment for the amount against the said company, and may be enforced by an execution from the said Inferior Court; and the said plat and description of said land, and said award shall be recorded in the said county in the same manner as deeds, and shall vest the fee simple title to the said strip or strips of land in the said company: Provided, That if either party shall be dissatisfied with the award of the appraisers, he, she or they may appeal to the Superior Court of said county, and have the damages ascertained by the verdict of a special jury, at the first term, and such verdict shall be conclusive and binding on both parties. SECTION 3. And be it further enacted by the authority aforesaid, That said company shall build and keep in good order substantial bridges or ways of passage across said Railroad wherever it may cross a public road. SECTION 4. And be it further enacted by the authority aforesaid, That the citizens of this State shall not be forced to go to the State of Alabama for the purpose of instituting a suit or suits against said company, but it shall and may be lawful for such citizen or citizens to commence suit against said company in the county through which said road may pass, by serving a copy of the writ or process on the agent at the depot of such company at such point as they may establish at the town of Cartersville, or near said town. SECTION 5. And be it further enacted by the authority aforesaid, That the said company shall have ten years for the completion of said extended road. Approved, February 23, 1850.

Page 247

AN ACT to revive and make of force an act to incorporate the Thomaston and Barnesville Railroad Company, with power to construct a railroad from some point on the [Illegible Text] Railroad, at or near Barnesville, in Pike county, to the town of Thomaston in Upson county, and to punish persons who may wilfully injure the same, and to confer all corporate powers necessary to effect said object, assented to December 23, 1839. WHEREAS, by the act aforesaid, five years were allowed for the completion of said road, which has not been done, therefore the said charter has been forfeited; and whereas, the citizens of Upson desire a Railroad communication to the Macon and Western Railroad: SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the act to incorporate the Thomaston and Barnesville Railroad Company, with power to construct a Railroad from some point on the Monroe Railroad at or near Barnesville in Pike county, to the town of Thomaston in Upson county, and to punish those who may wilfully injure the same, and to confer all corporate powers necessary to effect said object, be and the same is hereby revived and made as valid in law as though there never had been any forfeiture thereof: Provided, That the said Railroad Company shall commence operations in two years from this date, and complete the same in six years from this date. SECTION 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. Approved, December 20, 1849. AN ACT to amend an act entitled an act to incorporate the Augusta and Waynesborough Rail Road, passed 31st December, 1838, and the acts amendatory thereof. WHEREAS after due advertisement a meeting of the subscribers to the stock of said company was held at Waynesborough on the 13th November, 1849, to elect Directors and organize said company; and whereas, it then appearing that over the sum of three hundred and fifty thousand dollars were subscribed; at said election, under the super-intendence of Chares W. West, Edward Padelford, Thomas Moore Berrien, John C. Poythress, Thomas [Illegible Text]. Blount and Authority Porter, Commissioners, Alexander R. Lawton, John Stoddard, James P. [Illegible Text], William [Illegible Text], Charles F. Mills, John C. Poythress and John Dowse, were duly elected Directors.

Page 248

SECTION 1. Be it enacted by the Senate and 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 Alexander R. Lawton, John Stoddard, James P. [Illegible Text], William Duncan, Charles F. Mills, John C. Poythress and John Dowse, and their associates, the subscribers to said stock, their successors and assigns, shall be a body corporate, with perpetual succession, with all the rights, privileges and duties conferred and imposed by said act of incorporation and the amendments thereto. SECTION 2. And be it further enacted by the authority aforesaid, That the Board of Directors shall have power to call in such instalments on the capital stock subscribed as they may think proper: Provided, thirty days previous notice of such call be published in one or more of the gazettes of Savannah and Augusta; and the failure of any stockholders to pay any instalment so called in, shall operate as a forfeiture of the share or shares on which said failure to pay shall have been incurred; which share or shares so forfeited, and all the payments thereon before made, shall [Illegible Text] to the benefit of said corporation, to be disposed of as the Directors shall order. SECTION 3. And be it further enacted by the authority aforesaid, That a majority of the Directors shall form a quorum for the transaction of business, of whom the President shall always be one, except in case of sickness or necessary absence, in which case his seat shall be filled by one of the Directors present. SECTION 4. And be it further enacted by the authority aforesaid, That in every election by the stockholders, and whenever a vote is taken, the following shall be the rule of voting: for every share, one vote: Provided, no one stockholder shall be entitled to more than one hundred votes. SECTION 5. And be it further enacted by the authority aforesaid, That the said company be authorized to contract and agree with the Georgia Rail Road and Banking Company as to the [Illegible Text] of the tract of said Railroad with that of the Georgia Railroad. SECTION 6. And be it further enacted, That the rates of freight and passage money shall be the same, ascending as [Illegible Text] the road of said company. SECTION 7. And be it further enacted, That the said company shall be and they are hereby authorized to contract with the City Council of Augusta and the Trustees of the Academy of Richmond county for a site for a depot in the city of Augusta, and the right of way to it, upon such terms and stipulations as may be agreed on. Approved, January 29, 1850.

Page 249

AN ACT to authorize the Central Railroad and Banking Company of Georgia, the Macon and Western Railroad Company, and the South Western Railroad Company, to unite their respective railroads in one common depot at or near the city of Macon, and to grant to the said companies a quantity of land for the said purpose on the public reserve [Illegible Text] of the city of Macon, with the right of way through the said public reserve to the said depot for their respective tracks. WHEREAS there has been expended in the State by incorporated companies, and from the State Treasury, very large sums of money for the purpose of opening and constructing railroads from the [Illegible Text] to the western limits of the State; and whereas, in order that the State and the citizens thereof should derive the full benefit intended by the line of railroads so constructed, it is expedient that the transportation of freight and passengers over said line should be as free from interruption and trans-shipment as possible: SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall be lawful for the Central Railroad and Banking Company of Georgia, the Macon and Western Railroad Company, and the South-Western Railroad Company, to unite their respective railroads in one common depot at or near the city of Macon, so that the cars of the respective roads may pass from one road to another uninterruptedly. SECTION 2. And be it further enacted by the authority aforesaid, That in case a suitable site for said common depot, with a sufficient quantity of land, cannot be obtained by said companies within the corporate limits of the said city of Macon on terms reasonable and satisfactory both to the corporate authorities of the said city of Macon and the said Railroad Companies, or in case the consent of the corporation of the said city of Macon cannot be obtained for the said roads to be united within said corporate limits, the said companies may propose to the said corporate authorities to have the value of land necessary for a depot and the right of way to it, as also to damages to the vested rights thereby [Illegible Text] ascertained and assessed against said companies respectively, according to the provisions of their respective charters in relation to disputes with the owners of lands, and if the said corporate authorities shall refuse to accede to said proposal, then a sufficient quantity of said land not exceeding thirty acres, to be paid for at a fair price, to be assessed by commissioners appointed by the Governor for that purpose, is hereby granted for the use of said companies, and for the

Page 250

above mentioned purpose, on the lands known as the public reserve lying eastwardly of and adjoining the corporate limits of the said city of Macon, and that the said companies shall, after the passage of this act, have the right and power to enter upon the said public reserve, and establish and locate the site of their common depot in the most convenient part of the said reserve, and so lay out and mark such tract as may be necessary for said purpose, not exceeding thirty acres, and when such tract of land shall have been so laid out and located, a plat thereof shall be deposited in the office of the Surveyor General, and the title to the said tract so located shall be thereafter vested in said companies, jointly for the purpose of a depot, and for no other purpose whatsoever, and whenever said tract of land shall cease to be used for the purpose of a depot, it shall then revert to and become again the property of the State of Georgia, and parcel of the aforesaid reserve. SECTION 3. And be it further enacted by the authority aforesaid, That it shall be lawful for the said Central Railroad and Banking Company of Georgia to build, erect, construct, keep and enjoy as part and parcel of the Central Railroad, a railroad from any elegible or suitable point in and connected with the said Central Railroad to the said common depot, whenever the same may be located; and also for the said the Macon and Western Railroad Company to build, erect, construct, keep and enjoy as part and parcel of the Macon and Western Railroad, a railroad from any eligible or suitable point and connected with the Macon and Western Railroad to the said common depot whenever the same may be located; and also for the said the South Western Railroad Company to construct and extend its railroad to the said common depot whenever the same may be located; and also for the said companies respectively to build all the necessary works to carry the establishment of said common depot into effect, paying to owners of property through which they may pass, for whatever damages they may do to their premises, as provided for by the respective charters of the aforesaid companies; and the said companies, and each of them, shall have power, and the same is hereby granted, to pass through the public reserve with their respective railroads, in order to reach the said common depot, whether the said common depot shall be established on the said public reserve, or within the corporate limits of the city of Macon, and shall be entitled to use land of sufficient width for their tracks and roads through said reserve for that purpose. SECTION 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. Approved, February 11, 1850.

Page 251

AN ACT to incorporate the Talbotton Branch Railroad 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 for the purpose of constructing a railroad communication from some point on the South Western Railroad at or near Fort Valley in the county of Houston, to Talbotton, or some other point in the county of Talbot, with the privilege of connecting with the railroad now being constructed from the city of Columbus, upon such terms as may be agreed upon by the respective companies, George W. Persons, Samuel Rutherford, [Illegible Text] Cheives, Jonathan Ross, John S. Lee, Peter Corbin, [Illegible Text] B. Troutman, D. Wm. Drane, William Searcey, Wm. F. Mitchell, E. H. Worrell, Wm. Stallings, Elijah Wells, Jesse Carter, John W. G. Smith, David Shelton, Gideon Newsom, Benjamin F. Newsom, Wm. Robinson, George W. Towns, and such other individuals as may be associated with them, and their assigns, shall hereafter be a body corporate by the name and style of the Talbotton Branch Railroad Company, with power and authority to create a capital stock not exceeding one million of dollars, to be divided into shares of the value of one hundred dollars each, to be subscribed for and transferred, called in and paid, under such terms, conditions and restrictions as may be prescribed by said company. SECTION 2. And be it further enacted by the authority aforesaid, That the said Talbotton Branch Railroad Company shall be authorized to have and exercise all the powers, privileges, rights, and immunities, and be subject to all the limitations and restrictions in the building and constructing said road, as are prescribed for the South Western Railroad Company by the act of December the 27th, 1845. SECTION 3. And be it further enacted by the authority aforesaid, That the said Talbotton Branch Railroad Company be authorized to substitute a plank road in lieu of the railway contemplated in this act. SECTION 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. Approved, February 21, 1850. AN ACT to amend an act to revive and amend the act entitled an act to incorporate the Milledgeville Railroad Company, assented to 26th December, 1837. SECTION 1. Be it enacted by the Senate and House of Representatives

Page 252

of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the corporation created by said act and the act of which it is amendatory, shall have full power and authority according to the limitations and restrictions in said acts mentioned, to construct their said railroads from the city of Milledgeville to the city of Macon, or to such point in the vicinity thereof as may be deemed most eligible by said company for public convenience. SECTION 2. And be it further enacted by the authority aforesaid, That the Directors of said company shall be elected annually, at such times as the said corporation shall by its by-laws direct and appoint, all the stockholders being equally elegible; and in case of failure to elect at the time so appointed, the corporation shall not thereby be dissolved, but the Directors already elected shall continue in office until their successors are elected and qualified according to the provisions of said act. SECTION 3. And be it further enacted, That the third, fourth and fifth sections of the act of which this is amendatory, be and the same are hereby repealed. Approved, February 8, 1850. AN ACT to incorporate the Mulberry Grove Manufacturing Company in the county of Harris, and for other purposes therein mentioned; also in relation to the Ruckersville Banking Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text], and it is hereby enacted by the authority of the same, That from and after the passage of this act, Charles Wighorn, Hiram W. Brooks, Solon W. Mitchell, Elizabeth Mitchell and all other persons that may hereafter be associated with them, be and they are hereby created a body politic, by the name and style of the Mulberry Grove Manufacturing Company, and by that name shall have perpetual succession, and are hereby made capable in law to have, hold and purchase, lands, tenements, goods and chattels, and the same to alien, sell and convey, to contract and be contracted with, sue and be sued in any Court of Record in this State, to make, have and use a common seal and the same to alter at pleasure, and to make such by-laws as they may deem necessary, not contrary to the laws and Constitution of this State, and shall appoint all such officers and agents to transact the business of said company, and discharge the same at pleasure. SECTION 2. And be it further enacted, That said company are hereby empowered to build a dam across the Mulberry

Page 253

Creek on their own land, at or near the place usually known as Mitchell's Mills in Harris county, and erect buildings for all such manufacturing purposes as to them shall seem proper; and that the capital stock of said company shall not exceed one hundred thousand dollars, to be subscribed for and paid in under such rules and regulations as they may establish, to be divided into shares of one hundred dollars teach, and that this charter is granted for thirty years. AND WHEREAS, the Ruckersville Banking Company, a corporation created under the act of 1838, authorizing the business of Banking and regulating the same, has paid off and redeemed all its notes and liabilities, except a small amount, and closed its business as a corporation, and the stockholders therein desire to take up the mortgages given by them when said Banking Company was formed: SECTION 3. And be it further enacted, That the Comptroller General and Commissioners appointed under the said act, upon its being made to appear to them what is the amount of bills and notes issued by said company now outstanding, and bond with good and sufficient securities being given by any one or more of the stockholders, in double the amount of said bills and notes outstanding, for the payment of the same, on demand of either of the obligors to said bond, shall be and they are hereby authorized to deliver up the mortgages given by the stockholders under the provisions of the aforesaid act. Approved, February 21, 1850. AN ACT to incorporate the Bowenville Manufacturing Company of Carroll county, Georgia, and to give them the privilege of peddling cotton yarns, osnaburgs, and other articles of merchandize, in the counties of Carroll, Campbell, Coweta and Heard, without taking out a [Illegible Text] therefor. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That John Bowen, William Bowen, Thomas M. Bowen and Christopher Bowen, with all other persons who now are or may hereafter become stockholders in said company, be and they are hereby incorporated and made a body politic by the name and style of The Bowenville Manufacturing Company of Carroll county, Georgia, and by that name shall be and are hereby made able and capable in law to have, purchase, receive and retain to them and their successers, lands, tenements and hereditaments, goods, chattels

Page 254

and effects, of what kind soever, necessary for the transaction and carrying on the business of said company, and the same again to sell, grant, and dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, defeud and be defended in any court of law or equity or any other place; and to do all acts properly incident to and connected with the object of their incorporation; to make and have a common seal, and the same to break, alter or amend at their pleasure; and to select and appoint all such officers, agents and servants as may be necessary for the discharge of the business of said company; and further to ordain, establish and put in execution such by-laws, rules and regulations as shall be necessary and proper for the government of said corporation: Provided, they be not repugnant to the laws and constitution of this State and of the United States. SECTION 2. And be it further enacted, That the private property of the stockholders shall be and the same is hereby made liable for the debts of the corporation, to the amount of their stock. SECTION 3. Be it further enacted, That the said company be and they are hereby authorized and allowed to peddle upon cotton yearns, osnaburgs, and other articles of merchandize manufactured by said company, in the counties of Carroll, Campbell, Coweta and Heard, without taking out a license therefor. Approved, February 14, 1850. AN ACT to authorize and empower the Planters' Manufacturing Company of Butts county, and their successors, to establish a ferry on their own land at the place known as the seven islands; also, to incorporate the McBean Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Planters' Manufacturing Company of Butts county, and their successors, be and they are hereby empowered and authorized to establish a ferry across the Ocmulgee river, on their own land, at the place known as the Seven Islands. SECTION 2. And be it further enacted by the authority aforesaid, That the said Planters' Manufacturing Company of Butts county, and their successors, are hereby authorized to charge and receive the usual and customary rates of toll as are allowed to other owners of ferries on said river: Provided,

Page 255

also, That the said Planters' Manufacturing Company and their successors, shall be responsible for all damages which may be sustained in passing said ferry, caused by the want of proper attention. AND WHEREAS James Hope, Frederick Lamback, Seaburry J. Sweetland, William E. Jackson, George T. Jackson, Nelson C. Trowbridge, Hugh O'Neill, and others, have formed themselves into a company, intending to engage in the manufacture of various fabrics composed of cotton or wool or both, also for working in wood or iron, or other metal, and for operating a grist mill and saw mill; and whereas the said company have invested a large sum of money in prosecution of their design by purchasing a tract of land in Burke and Richmond counties, in the State of Georgia, including a water power on McBean Creek, the dividing line between said counties, and in the purchase of machinery; and whereas, for the more conveniently carrying on the operations of said company, the said persona desire an act of incorcoration: SECTION 3. Be it therefore enacted, That the said James Hope, Frederick Lamback, Seaburry J. Sweetland, William E. Jackson, George T. Jackson, Nelson C Trowbridge, Hugh O'Niell, and their associates, and such 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 politic and corporate by the name and style of The McBean Company; and by that name shall be and they are hereby made able and capable in law to have, purchase, receive, possess, enjoy and retain, to them and their successors and assigns, lands, rents, tenements, hereditaments, goods, chattels and effects, of whatsoever kind, nature or quality the same may be, and the same to sell, grant, demise, alien and dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any court of law or equity, or any other place whatsoever; and also to make and have a common seal, and the same to break, alter or amend at their pleasure; and also to ordain, establish and put in execution such by-laws, rules and regulations as shall be necessary and proper for the general government of said corporation: Provided, they be not repugnant to the laws and constitution of this State or the United States; and generally to do and perform all and singular such acts, matters and things as corporations may legally do and perform, for the purpose of carrying into effect the object of the [Illegible Text]. Approved, February 11, 1850.

Page 256

AN ACT to incorporate the Sweetwater Manufacturing Company of the county of Campbell; and to incorporate the Augusta Quoit Club. SECTION 1. Be it enacted by the Senate and 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 J. McDonald and James Rogers, and those persons whom they may associate with them, their successors and assigns, shall be and they are hereby declared to be a body corporate and politic, under the name and style of the Sweetwater Manufacturing Company in the county of Campbell; and by that name and style may sue and be sued, plead and be impleaded, answer and be answered unto in any court of law or equity in this State having competent jurisdiction; and shall enjoy perpetual succession of officers and members, and may have and use a common seal; may make, ordain and establish such by-laws, rules and regulations as they may deem expedient and necessary to carry into effect the objects of the company: Provided, such by-laws, rules and regulations are not inconsistent with the laws of this State or of the United States. SECTION 2. And be it further enacted by the authority aforesaid, That the capital stock of said company shall not exceed two hundred thousand dollars. SECTION 3. And be it further enacted, That the said company, organized as aforesaid, shall be authorized to manufacture, [Illegible Text], dye, print and finish all goods of which cotton or other fibrous materials form a part; also, to manufacture flour from wheat or grain of any kind, and all machinery used for such purposes or any other, and may erect such mills and other works as may be necessary to carry on their business. SECTION 4. And be it further enacted, That the said company shall have power to purchase, receive, hold and possess any property, real or personal, for the use, benefit and advantage of said company, and to sell and dispose of the same: Provided, that said company shall hold no more real estate than is necessary for the convenient transaction of their business, unless the same be received in payment of debts, or be purchased at public sale under execution in their favor. SECTION 5. And be it further enacted, That the individual property of the stockholders shall be liable for all contracts of said company; and that the Legislature may modify or repeal the charter hereby granted, whenever the public good shall require it: Provided, that in case the same shall be repealed, the property and effects of said company, after the payment of the debts of the company shall be divided amongst the stockholders rateably in proportion to the number of shares owned by each.

Page 257

SECTION 6. And be it further enacted, That Justus R. Bulkley, John M. Adams, William K. Kitchen, Milo Hatch, and their associates and successors, be and they are hereby constituted and made a body corporate, by the name and style of the Augusta Quoit Club, with power to receive and hold such lot of land and other property, and to pass all such by-laws, as may be necessary and proper for the purpose of their association, and shall have authority to sue and be liable to be sued in the name aforesaid, in any court of law or equity. Approved, December 21, 1849. AN ACT to incorporate the Marietta Manufacturing Company of Cobb county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That John H. Glover, and Edward Denmead, 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 Marietta Manufacturing Company of Cobb county, 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 [Illegible Text] and the same to alter at pleasure. The said company may also make such by-laws as they may deem necessary for their interest and the well governing of said company: Provided, such by-laws are not repugnant to the constitution and 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. SECTION 2. And be it further enacted by the authority aforesaid, That said company shall be and they are hereby 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; and should the property of the said corporation be exhausted, then the property of all the individuals composing said company at the time such liabilities were created or occurred, shall be subject to any judgment against

Page 258

said corporation, as though the same had been obtained against every member of said company in their joint and several names as individuals. SECTION 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 [Illegible Text] to the legal heirs of said member of 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 corporators. SECTION 4. And be it further enacted by the authority aforesaid, That in case of the death of any member of the said corporation, the survivor or survivors shall be authorized to continue and transact, and carry on the affairs of the said corporation 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. SECTION 5. And be it further enacted by the authority aforesaid, 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; and that this act of incorporation shall be and remain in full force for the space of thirty years from and immediately after the passage thereof. Approved, February 14, 1850. AN ACT to incorporate the Coosa River Steamboat Company. WHEREAS certain individuals have associated for the purpose of conducting a company trade on the Coosa river, between Rome, Georgia, and Greensport, Ala., by steam and other boatsto enable them advantageously to transact said business have applied to this General Assembly for an act of incorporation; and whereas similar incorporations heretofore granted for like purposes have been useful to the public: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Wade S. Cothran, Henry L. Jeffers, John P. Gould, John R. Ibly,

Page 259

Sterling T. Combs, Francis T. Penticost, John A. Towns, and their associates now connected in the business aforesaid, and their successors, shall be and are hereby constituted a body politic and corporate by the name and style of the Coosa River Steamboat Company; and by that name and style may sue and be sued, plead and be impleaded, in any court of law or equity; may have and use a common seal, and break, alter and renew the same at pleasure; may make such by-laws, rules and regulations as the stockholders and directors may deem necessary and expedient: Provided, the same be not repugnant to the constitution and laws of this State and of the United States; and may hold, purchase, receive, enjoy, sell and transfer real and personal property of such description and in such quantity only as the necessity of the business may require. SECTION 2. Be it further enacted by the authority aforesaid, That the capital stock of said company shall consist of five hundred shares of one hundred dollars each, which shall be held by the present members of the company and their assignees, in the respective proportions already fixed among themselves, and for which the proper officer of said company shall issue certificates in the name to be provided for in their by-laws. SECTION 3. And be it further enacted by the authority aforesaid, That by a vote of two-thirds of the stockholders at any meeting regularly called for the purpose, the stock of said company may from time to time be increased by the creating of new stock of one hundred dollars per share, as said stockholders may find it expedient: Provided, That the whole capital stock shall not exceed one hundred thousand dollars. SECTION 4. And be it further enacted, That said company shall be authorized, by steamboats of any description, and by other boats or vessels, as they may find it convenient, to navigate, for the transportation of freights or passengers or both, any of the waters of Georgia, in common with other companies and private individuals. SECTION 5. And be it further enacted, That the business of said company shall be conducted and managed by five Directors, to be elected annually on the first Monday in July by the stockholders, under the restrictions and according to the scale of voting hereof [herein] provided; said Directors shall serve until their successors are elected. SECTION 6. And be it further enacted, That at the election of Directors, the scale of voting shall be as follows: for every five shares of stock, one vote; twenty shares, two votes, one hundred shares, four votes; and any stockholder may by written authority empower any other stockholder to vote in any election as his proxy: Provided, such proxy shall avail for one election only, and that one for which it is expressly given.

Page 260

SECTION 7. And be it further enacted, That the Directors of said company at their first meeting shall appoint a President from their own members, who shall be President of said company until the first regular meeting of the Board of Directors next afterwards elected; and if the President or any Director shall cease to be such, the Board shall fill the vacancy from the stockholders until the next regular election. The chief management and control of the affairs of the company shall be vested in the Board of Directors at Rome, who shall appoint all the necessary officers and regulate the duties and compensation as to them may seem expedient for the interest of the company. SECTION 8. And be it further enacted, That the Directors shall meet monthly or oftener at Rome, and cause regular minutes of their proceedings to be entered in a book kept for that purpose, and upon the requesting of any member of the yeas and nays of the Board on any question taken, there [they] shall be entered on said minutes; and not less than a majority of the Board shall constitute a quorum for business. SECTION 9. And be it further enacted, That a majority of the Board of Directors may call a meeting of the stockholders by giving fifteen days' notice thereof in one or more of the public gazettes in the city of Rome, and any member [number] of the stockholders representing fifty or more shares of the capital stock shall have the same authority. The officers of the company shall attend said meeting with the books and papers, and give all necessary explanation and information as to the transactions thereof. SECTION 10. And be it further enacted, That the stock of the company may be transferred on the books of the corporation, and in no other manner whatever, by the stockholders and their legal representatives, in such manner as the regulations of the Board of Directors may point out. SECTION 11. And be it further enacted, That the Directors shall on the first Monday in January and July in each year make such dividends to the stockholders from the profits of their business as to them may seem expedient: Provided, They shall in no case encroach upon the capital of said company to make any dividend whatever. SECTION 12. And be it further enacted, That until the first annual meeting in July next, the persons now acting as Directors of the association shall be the Directors of the corporation, with full power to transact all the business and control all the affairs and property thereof. SECTION 13. And be it further enacted, That the property of the stockholders shall be bound for all contracts or liabilities made or incurred by said company, in proportion to the amount of their stock, and all transfer of stock which may be made within six months previous to the failure of said

Page 261

company, shall not release the property of such stockholder [Illegible Text] transferring the same, from any liabilities or contracts which were incurred by said company during the time he, she or they were stockholders. SECTION 14. And be it further enacted, That this charter shall continue of force for twenty years from the passage of this act, and no longer, unless extended by a subsequent act of the General Assemblyany law to the contrary notwithstanding. Approved, February 21, 1850. AN ACT to incorporate the Hancock Steamboat Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas M. Turner, Andrew J. Lane, William A. Cook, Henry D. Amos, George W. Watkins, Orrick J. Murray, James R. Simpson and John Foster, together with their associates and such persons as may hereafter become associated with them as stockholders in the premises, and their successors, be and they are hereby constituted a body politic and corporate, by the name and style of the Hancock Steamboat Company, and by that name and style may hold, purchase, receive, retain, enjoy, sell and transfer, real and personal property, may sue and be sued, plead and be impleaded in any court of law or equity, may have and use a common seal, and the same to break, alter and renew at pleasure, may make such by-laws, rules and regulations as the stockholders and persons appointed by them to manage the concerus of said company may deem necessary and expedient: Provided, the same be not contrary to the Constitution and laws of this State or of the United States. SECTION 2. And be it further enacted by the authority aforesaid, That the capital stock of said company shall consist of one hundred shares of one hundred dollars each, which shall be held by the present members of the company, in the respective proportions already fixed among themselves, and for which the proper officers of said company shall issue certificates in the manner to be provided by their by laws, and said company may commence business and enjoy the benefit of its act, when the amount of the capital stock shall have been paid in, and not before. SECTION 3. And be it further enacted by the authority aforesaid, That by a vote of the stockholders, holding a majority of the whole, [the] capital stock of said company may from time to time be increased, by the creation of new stock of one hundred dollars per share, as said stockholders may find

Page 262

expedient: Provided, the whole capital stock shall never exceed one hundred thousand dollars. SECTION 4. And be it further enacted by the authority aforesaid, That the said company shall have power and authority to charge, ask and receive of and from all such persons as they transport merchandise or produce for, or carry as passengers, such compensation therefor as the company or its agents or officers may deem fit, or as may be specified in the bills of lading. SECTION 5. And be it further enacted, That the affairs of said company shall be managed either by a Board of Directors, or an Agent or Agents, as the stockholders may determine, the same to be appointed by said stockholders, each share of stock to entitle the holder thereof to one vote for the same; and the said stockholders, or the Directors or Agents elected by them for that purpose, may appoint all such officers and servants, and regulate the duties and compensation, as to them may seem expedient for the interest of the company. SECTION 6. And be it further enacted, That said corporation shall be liable for all losses caused by fire and steam, if occasioned by their own negligence or that of their agents or servants, but not otherwise. SECTION 7. And be it further enacted, That said corporation shall be authorized to insure all property shipped in their boats, against risks for which they are not legally liable. Approved, December 20, 1849. AN ACT to authorize the incorporation of Joint Stock Companies for the construction of Macadamized, Graded, or Plank Roads. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That any number of persons not less than three, who by articles of agreement in writing have associated or shall associate according to the provisions of this act, under any name assumed by them, for the purpose of making a Macadamized, Graded or Plank road, and who shall comply with all the provisions of this act, and first obtain the consent of the Inferior Court of the county in which such road is to be made, shall with their successors and assigns constitute a body politic and corporate under the name assumed by them, and have power and authority to make, construct and maintain such Macadamized, Graded or Plank road or roads as [Illegible Text] shall be authorized to make by the said Court, as is [Illegible Text]

Page 263

prescribed: Provided nevertheless, this charter shall not infringe upon the rights of any charter heretofore granted by the Legislature of Georgia. SECTION 2. And be it further enacted, That the persons thus associating shall, in their articles of association, distinctly set forth the kind of road which they propose to make, and the commencement and the terminus thereof, and shall cause an abstract of their said articles of association to be published in one or more newspapers printed in the vicinity, giving notice that application will be made to the Inferior Court of the county in which said road is to be made, at least four weeks before such application. SECTION 3. And be it further enacted, That whenever persons thus associated shall make application to the Inferior Court of any county or counties in which they propose to make a road as aforesaid, the said Court, if in their opinion the making of such road will be for the public good, shall order the said articles of association to be recorded; and such order shall vest in the said associates, their heirs, successors and assigns, all rights, powers and privileges of a corporation, with authority to construct and maintain such road: Provided, that nothing therein contained shall authorize banking privileges. SECTION 4. And be it further enacted, That when the associates aforesaid shall have obtained the order of the Court as aforesaid, they, or a majority of them, may proceed to organize their company by electing not less than three not more than seven Directors, who shall be charged with the management of the affairs and business of the company, and whose powers and duties or term of service shall be prescribed in the articles of association. SECTION 5. And be it further enacted, That in all cases where land, timber or other materials necessary for the construction or repair of said road cannot, for want of agreement between the parties, be purchased from the owner or owners thereof, the same may be taken at a valuation to be made by three disinterested persons to be appointed by the Inferior Court of the county in which the same may be, who shall notify the parties of the time and place of making such valuation, by writing or by publication in some newspaper published in the vicinity. SECTION 6. Be it further enacted, That before making such valuation, the persons thus appointed shall subscribe the following oath: I, A. B. do solemnly swear that I will render a true verdict according to the circumstances of the case now submitted to me, taking into consideration the benefits arising to the owner or owners of the property by the construction of the said road in his or her neighborhood, as well as the damage done thereby. SECTION 7. And be it further enacted, That the award of

Page 264

the valuers aforesaid shall be certified by them to the Inferior Court, and shall operate as a judgment against the parties, and may be enforced by the order of said Court: Provided, that either party may have an appeal to be tried at the next term of the Superior Court of the county; and these proceedings when concluded shall vest in the company the fee-simple, if it be land: Provided further, the said company may at any time within twenty days after the rendition of final judgment, abandon the right to the property condemned, by filing a notice to that effect in the office of the Clerk of the said Court, in which case the judgment shall be void except as to costs. SECTION 8. And be it further enacted, That the said road and the appurtenances thereto shall not be subject to be taxed higher than one per centum on its nett annual income. SECTION 9. And be it further enacted by the authority aforesaid, That any person injuring the property of said company, or who shall throw earth, stones, trees, logs, rubbish, or any other matter or thing whatsoever, upon said road or its appurtenances, or shall dig up or in any manner destroy said road or any of its bridges, gates, houses or other appurtenances or appendages of the same, shall be punished by [Illegible Text] for a misdemeanor, and on conviction may be fined and imprisoned at the discretion of the Court, and shall also be liable for three times the amount of such damages as may be occasioned thereby, to be recovered by action at the suit of said company, or of any person aggrieved, in any Court having jurisdiction. SECTION 10. And be it further enacted, That said company shall power to erect such number of toll-gates upon said road, and at such places as they may judge best and most convenient for the collection of toll, and may charge and collect such rates of toll for the use of their said road as they may from time to time fix and establish: Provided nevertheless, such rates of tolls shall be published in such manner that the same may be known: And provided also, that the said Inferior Court may at any and at all times require the said company to make an exhibit of the cost of making and keeping the said road in repair, and if it shall appear that the receipts from tolls have been more than sufficient to pay a dividend of fifteen per cent. on the cost of construction over and above the repairs of said road, then the said Court may reduce the rates of toll so as that the dividends shall not be greater than fifteen per cent. per annum on the cost of construction, and over and above the repairs of said road after the payment of incidental expenses: Provided, that said Court shall not reduce the rates of toll below the following schedule on animals and articles as herein set forth: On heat [Illegible Text] one quarter of a cent per mile per head; on hogs, one-eighth of one cent per head

Page 265

per mile; on sheep and goats, one-sixteenth of one cent per head per mile; on loose horses one-half cent per head per mile; on saddle horses, one cent per mile per head; on carts or wagons drawn by one horse, mule or other animal, one and a quarter cents each per mile; on road wagons drawn by two animals, three cents per mile; on wagons drawn by a greater number of animals than two, one and a half cents per mile for each additional animal; on one-horse private pleasure carriages, two cents per mile; on private pleasure carriages drawn by a greater number of horses, two cents per mile for each additional animal. SECTION 11. Be it further enacted, That said companies are authorized to construct toll bridges in connection with said road or roads, over water courses, and charge such rates of toll as may be agreed upon at or before the erection of said bridge or bridges, with the Inferior Court of the county wherein the same may be located. SECTION 12. And be it further enacted, That the road authorized and granted by this act, shall vest in said company, their heirs and assigns in fec-simple. Approved, February 23, 1850. AN ACT to alter and amend an act to incorporate the Southern Mutual Insurance Company, approved the 29th day of December, 1847. SECTION 1. Be it enacted by the Senate and House of 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 second section of the above recited act shall be altered and amended so as to read as follows, to wit: SECTION 2. And be it further enacted, That at all meetings of said corporation every matter shall be decided by a majority of votes, each member holding a policy for one year or longer being allowed one vote, and if his policy exceed one thousand dollars, an additional vote for every thousand: Provided, That insurers under open policies shall be entitled to vote in proportion to the amount actually insured under their policies; And provided further, That no insurer under an open policy shall be entitled to more than ten votes, with the right of voting by proxy; and such corporation may choose such officers and for such length of time as they may deem necessary, but no policy of insurance shall be issued by said Company until the sum subscribed to be insured shall amount to fifty thousand dollars. SECTION 3. And be it further enacted by the authority aforesaid, That the third section of the act of which this is amendatory,

Page 266

shall be altered and amended so as to read as follows, to wit: Said corporation may insure, for any term not exceeding ten years, any houses, goods, or other species of property, against loss or damage by fire or water, and the lives of slaves against death, such damage, loss or death, not resulting from the carelessness, negligence or design of the party insured, and to any amount not exceeding three-fourths of the value of the property insured, property on shipboard or in storage not subject to this limitation, and not exceeding ten thousand dollars on any one block of buildings or stock of goods. Said corporation shall further have the power of insuring the lives of white persons for any term of years or for life, may grant annuities, and make any and every contract in which the risk of life shall be a part thereof. And said corporation shall further have the right and power to make the sum insured in any life policy payable to the [Illegible Text] of the person insured, or to his wife and children; and in these cases the sums insured shall be payable to the said wife or wife and children, as the case may be, for their sole use and benefit, free from the claims of the representatives or the creditors of the party insured: Provided, The annual premium shall not exceed three hundred dollars. The Directors of said corporation are hereby further empowered at any time to make the insurance of the lives of white persons, and the granting of annuities, a separate department of their business; and all the contracts, habilities, claims, receipts, expenses and investments of the life department shall be distinct from the other business of the corporation, as much as if they belonged to another company. And the officers of said corporation shall invest the funds belonging to the life department only in stocks of the United States, or of the several States, or in bonds and mortgages on unincumbered real estate worth in the opinion of the Directors at least four times the amount loaned thereon. And be it further enacted by the authority aforesaid, That the fourth section of the act of which this is amendatory, shall be so altered and amended as to read as follows, to wit: Whenever said corporation shall make insurance on any property, the member so insured shall pay the required premium in cash, or give his note or bond, well secured, for the amount of the insurance money, payable one day after date, and shall deposite in money with the Treasurer of the corporation at least ten per cent. of said note, which shall be entered as a credit thereon; and the fund thus raised may be applied to the ordinary expenses of the corporation; and the Directors may, at any time thereafter, when the liabilities of the company require it, collect such further sums as may be necessary, by making assessments on said notes,

Page 267

in proportion to the original amount of each note, giving thirty days' notice by mail to each member. 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. Approved, December 21, 1849. AN ACT to establish and regulate the inspection of Flour and Corn Meal at Dalton. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That there shall be an inspection of flour and corn meal established in the city of Dalton, and that the Mayor and Common Council of Dalton shall [Illegible Text] after the passage of this act appoint, and semi-annually thereafter, one person of good repute, and a skilful judge of the quality of flour and corn meal, to be inspector of flour and corn meal in Dalton, and to continue in office for two years. SECTION 2. And be it further enacted, That in case of the death of the person so appointed, or of his failing or refusing to act, the Mayor and Common Council shall appoint some other suitable person as inspector aforesaid. SEC. 3. And be it further enacted by the authority aforesaid, That it shall be the duty of such [Illegible Text] personally to inspect all flour and corn meal intended for exportation beyond the limits of this State, before the same is packed in barrels or tierces, and to superintend in person the packing of the same, and to make [mark] on the barrel, tierce or hogshead, as the case may be, the degree, or quality, or fineness of the flour or meal, which he may determine the same to be, distinguishing the same as follows: Superfine, fine, middling, and ship stuff, for flour; and superfine, fine, middling, grits and course, for meal; marking also the weight of flour or meal in each barrel, tierce or hogshead, and also the tare on the head of each barrel, tierce or hogshead; for which trouble the inspector shall have and receive five cents per barrel from the manufacturers. SECTION 4. And be it further enacted, That it shall not be lawful for any inspector directly or indirectly to purchase any flour or meal whatever, other than for his own family use and consumption, under the penalty of thirty dollars for every barrel by him purchased, to be recovered upon information by any informer before any Justice of the Peace of the county, one-half of which shall belong to the informer, and the other half to the county. SECTION 5. And be it further enacted, That the inspector

Page 268

aforesaid, in addition to the weight of the barrel, tierce, or hogshead as aforesaid, shall mark plainly on the head of such barrel the weight of the flour or meal, and add the words Dalton Mills; and it shall be lawful to export in barrels, half barrels, tierces, or hogsheads, from any place in this State, any flour or meal inspected and branded as aforesaid, without further inspection: Provided, That nothing herein contained shall be so construed as to authorize said inspector to interfere with or charge any fees upon flour or corn meal for sale in said city of Dalton. Approved, February 23, 1850. AN ACT to amend an act approved December the tenth, 1803, to authorize the Justices of the Inferior Courts of this State to discharge insolvent debtors confined by process from any court of this State whatever, so far as to amend the caption of the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority [ of the same, ] That the caption of said act be so amended as to read as follows: An act to authorize the Justices of the Inferior Courts of this State to discharge insolvent debtors confined by process from any court of this State whatever, and to authorize magistrates to require bond to prosecute in criminal cases; and that the said act be as valid as if again enacted. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to authorize the Justices of the Inferior Court of Cherokee county to pay the jail fees of insolvents out of the county finds. 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 Cherokee be and they are hereby authorized to pay out of the county funds the jail fees of all insolvents who have been or hereafter may be confined in the jail of said county for offences against the State. Approved, January 18, 1850.

Page 269

AN ACT to provide for the survey and sale of all unsurveyed and unsold islands in the Chattahoochee, [Illegible Text] and Flint rivers, within 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 his Excellency the Governor be and he is hereby required to have surveyed and run off into lots and fractions of such size as he may deem best, all islands belonging to the State in the rivers Chattahoochee, [Illegible Text] and Flint, that in his opinion will justify the expense, and have the same sold at public auction at the usual place of holding sheriff's sales in each county where said islands may be located, and shall be advertised in three or more of the public gazettes in different parts of this State thirty days before such sale. 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. Approved, February 22, 1850. AN ACT to amend the several laws of this State in relation to writs of certiorari. SECTION 1. Be it enacted by the Senate and House of 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 any of the Justices' Courts of this State, when either of the parties shall be dissatisfied with the judgment of said Court, it shall be lawful as heretofore, for said party so dissatisfied to apply for and obtain a certiorari on complying with the requisitions heretofore prescribed by law: Provided always, that the petition for certiorari shall not be to the Judge of the Superior Court, but to the Superior Court, and on being filed in the office of the clerk of the Superior Court, it shall be his duty to issue the writ directed to the Justices of the Peace of the district where the decision complained of was made, directing them to certify and send up the proceedings in the case to the next Superior Court, and in case the next Superior Court shall sit within 20 days after the issuing of said writ, then the said writ shall be returnable to the next succeeding Court, which said writ shall be served on one of said Justices by the party applying for the certiorari, by the Sheriff, Deputy, or any Constable, at least 15 days previous to the Court to to which the return is to be made; and it shall be the duty of the Clerk of the Superior Court to place the case on the certiorari docket, which said docket the Judge of the Superior Court shall take up and dispose of in its order, under such rules, regulations and restrictions as are now prescribed by law for disposing of certiorari cases.

Page 270

SECTION 2. And be it further enacted by the authority aforesaid, That that the writs of certiorari granted in each case under the provisions of the above section, shall operate as a supercedeas of the judgment in the Justices' Court until the final hearing in the Superior Court. SECTION 3. And be it further enacted by the authority aforesaid, That in all cases when the error committed by said Justices' Court is an error in law, which must finally govern the case, and in all other cases when the Judge of the Superior Court shall be satisfied that there is no question of fact involved which makes it necessary to send the case back for a new hearing in the Justices' Court, then it shall be the duty of said Judge to make a final decision on said case without sending it back to the Justices' Court with instructions as heretofore. SECTION 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. Approved, February 21, 1850. AN ACT to protect the people of this State from vexatious prosecutions in cases where Grand Juries may hereafter refuse to find true bills. WHEREAS by existing laws, persons charged with crimes and misdemeanors are subject to be indicted on the same charge at different terms of our Superior Courts, notwithstanding a Grand Jury on an investigation of the charge or charges, may ignore a bill or bills of indictment and refuse to find a bill predicated on such charge or charges, which is contrary to justice, and for remedy whereof: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That where Grand Juries empannelled and sworn may hereafter refuse at two several terms of the Superior Courts of this State, to find a true bill of indictment against any person or persons charged with a crime or misdemeanor in such courts, it shall be a bar to any further prosecution of the same person or persons for the same offence, whether under the same or another name or charge, and may be either plead in bar or given in evidence under the general issue. SECTION 2. And be it further enacted by the authority aforesaid, That no defendant or party accused or indicted, who has either directly or indirectly, by bribery or undue influence, induced a Grand Jury to ignore a bill, or who has directly or indirectly prevented a witness or witnesses from

Page 271

attending and giving evidence before the Grand Jury having a charge under consideration, shall be entitled to the provisions of this act. SECTION 3. And be it further enacted, That if the two bills shall have been ignored as contemplated in the foregoing sections of this bill, and the prosecutor within three terms of the court thereafter, shall show to the court on oath, in writing, that a material witness for the prosecution absented himself from the previous Courts, and that the attendance of such witness can then be had or procured, and also the name of such witness, and what he expects to prove by him or them, or that he has subsequently discovered additional testimony, then and in that case the court may in its discretion allow a third bill of indictment to be preferred. SECTION 4. And be it further enacted, That all laws and parts of laws militating against the foregoing act, are hereby repealed. Approved, January 29, 1850. AN ACT to authorize the granting injunctions 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, the Judges of the Superior Courts be authorized and empowered to grant writs of injunction without the security now required by law: Provided, The party applying for the same will first make an affidavit that from his or their poverty they are unable to give such security. Approved, February 8, 1850. AN ACT to prevent Judges of the several Superior Courts in this State from making certain charges or giving their opinions to or in hearing of the jury, and to define the same as error. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall not be lawful for any or either of the Judges of the several Superior Courts of this State, in any court, whether civil or criminal, or in equity, during its progress, or in his charge to the jury, to

Page 272

express or intimate his opinion as to what has or has not been proved, or as to the guilt of the accused. SECTION 2. And be it further enacted, That should any Judge of said Superior Courts violate the provisions of the first section of this act, it shall be held by the Supreme Court for Correction of Errors in this State to be reversed, and a new trial granted in the Court below, with such directions as they may lawfully make. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to authorize certain actions at law. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That in all cases hereafter where death shall ensue from or under circumstances which would entitle the deceased, if death had not ensued, to an action against the perpetrator of the injury, the legal representative of such deceased shall be entitled to have and maintain an action at law against the person committing the act from which the death has resultedone-half of the recovery to be paid to the wife and children, or the husband of the deceased, if any, in case of his or her estate being insolvent. Approved, February 23, 1850. AN ACT to perfect service of scire facias on absent defendants by publication, for the purpose of reviving dormant judgments. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, whenever any judgment obtained in any of the Courts of this State, is or shall become dormant, and the defendant or defendants do or shall reside without the jurisdictional limits of this State, that said judgment may be revived against said absent defendant or defendants by such process as is usual in case the defendant or defendants reside within the State: Provided always, That the defendant or defendants be served with a scire facias by publication in some public gazette of this State once a month for four months previous to the term of the Court at which it is intended to revive said judgement, which service

Page 273

by publication shall be as effectual in all cases as if the defendant or defendants had been personally served. SECTION 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. Approved, February 8, 1850. AN ACT to amend an act entitled an act to alter and amend an act passed 22d of December, 1840, entitled an act to alter and amend the ninth section of the judiciary act of 1799, and the first section of an act relative to executions, passed December 14th, 1811, and to provide for the enforcement of judgments against land sold and bond for titles given, assented to December 29th, 1847. SECTION 1. Be it enacted by the Senate and 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 judgment has been or shall be rendered in any of the Courts of this State, upon any note or other evidence of debt, given for the purchase of land, where titles have not been made, but bond for titles given, it shall and may be lawful for the executor or executors, administrator or administrators of the obligor in such bond to make and file and have recorded in the Clerk's office of the Superior Court of the county, a good and sufficient deed of conveyance to the defendant for said land, and thereupon the same may be levied on and sold under said judgment as in other cases: Provided, That said judgment shall take lien upon the land prior to any other judgment or incumbrance against the defendant. SECTION 2. And be it further enacted, That any laws militating against this act, be and the same are hereby repealed. Approved, February 11, 1850. AN ACT to amend an act entitled an act to amend an act entitled an act to revise and amend the judiciary system of this State, and also to amend an act entitled an act to alter and amend the sixth section of the judiciary act of this State, passed in the year 1799, so far as relates to the notices provided for in said section, and to prescribe the mode of issuing scire facias therein provided for. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

Page 274

and it is hereby enacted by the authority of the same, That the provisions of the above mentioned acts in relation to producing books, writings, papers, c., shall extend to causes in equity in the same manner in every respect as they now extend to and embrace any other causes: Provided, That nothing herein contained shall be construed to restrain the powers of courts of equity to effect the same object by other means. Approved, January 29, 1850. AN ACT to amend and declare the intention 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. WHEREAS it is by the first section of said act provided that Justice of the Inferior Court, Clerk, Sheriff, or practising Attorney, being a Justice of the Peace, shall try any warrant and give judgment thereon; and whereas it has been supposed by some that the Clerk of the Court of Common Pleas and of Oyer and Terminer for the city of Savannah is included in the provision of said act; for remedy whereof Be it enacted by the Senate and House of 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 Clerk of the Court of Common Pleas and Oyer and Terminer for the city of Savannah be and he is hereby wholly exempted from the disabilities in the above recited provision of the said act contained. 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. Approved, February 23, 1850. AN ACT to authorize the settlement of criminal prosecutions in certain cases, and to regulate more particularly the duties of the Attorney and Solicitors General, and fix their liabilities. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, [ and it is hereby enacted by the authority of the same, ] That from and after the passage of this act, it shall and may be lawful

Page 275

in all criminal offences against the person or property of a citizen, not punishable by fine and imprisonment or by a more severe penalty, for the offender to settle the case with the prosecutor, upon the consent of the injured party being obtained, at any time before verdict. SECTION 2. And be it further enacted, That upon such settlement made, no more cost shall be required than has accrued up to the time of such settlement. SECTION 3. And be it further enacted, That upon bill found by a grand jury, for any offence not embraced in the provisions of the first section of this act, the case shall not be settled without the consent of the prosecutor shown to the Court, nor without the consent of the Court by order entered on the minutes. SECTION 4. And be it further enacted, That any Attorney or Solicitor General, who shall demand or receive any free or cost on any criminal case which has not been tried by a petit jury, except such as are provided for in the first section of this act, shall be guilty of a misdemeanor, and on conviction shall be punished by fine or imprisonment, at the discretion of the Court. Approved, February 22, 1850. AN ACT to curtail and simplify civil pleadings. SECTION 1. Be it enacted by the Senate and House of 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 form of an action for words may be as follows, to wit: The petition of A. B. showeth that C. D., of said county, has injured and damaged your petitioner in the sum of dollars, by falsely and maliciously saying of and concerning your petitioner, on the day of,18,the following false and malicious words, to wit: Wherefore your petitioner prays process may issue requiring the said C.D. to be and appear at the next Court to be held in and for said county, then and there to answer your petitioner's complaint. SECTION 2. And be it further enacted, That no plaintiff shall be nonsuited for want of form, who shall set forth his cause of action as plainly and distinctly as the charge of slander is set forth in the form of declaration by the first section of this act prescribed. Approved, January 29, 1850.

Page 276

AN ACT to regulate the taking of testimony by interrogatories for the Courts of this State, and to amend an act entitled an act to authorize parties to compel discoveries at common law, approved December 17th, 1847. SECTION 1. Be it enacted by the Senate and 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 the Superior and Inferior Courts of this State, where it may become necessary to take testimony by interrogatories as heretofore practised, commissions may issue in blank, in so far as relates to the names of the commissioners; but the names of witnesses intended to be examined shall be distinctly specified in the notice served upon the adverse party preparatory to issuing the commission. SECTION 2. And be it further enacted, That when any person, either plaintiff or defendant, shall desire to file his, her or their written interrogatories, for the purpose of compelling the discovery contemplated by the act entitled an act to authorize parties to compel discoveries at common law, approved December 17th, 1847, he, she or they shall be authorized to do so either in term time or vacation of the said Superior or Inferior Court, and obtain an order from a Judge of said Court, requiring the adverse party to answer the same in writing, according to the provisions of the act of which this is amendatory. Approved, February 23, 1850. AN ACT to appoint a master in equity for the counties of Muscogee, Talbot and Stewart, and other purposes therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the Judge of the Superior Courts of the counties of Muscogee, Talbot and Stewart, be and he is hereby authorized to appoint a master in equity for each of the said counties, who shall hold his appointment for one year, whose duty it shall be to examine all accounts and vouchers, receipts for money or other thing, and credit and report upon the same, relating to any suit pending in equity in said counties, which may be submitted to him under an order of said Court; and that said master in equity shall be allowed such compensation for his services as the Court and jury trying the particular case shall award, to be taxed in the bill of costs in said cause. SECTION 2. And be it further enacted, That before entering

Page 277

on the duties of his appointment, such master in equity shall take and subscribe, before the Judge of said Court, the following oath, to wit: I, A. B., do solemnly swear that I will faithfully and impartially discharge the duties of my appointment to the best of my skill and knowledgeSo help me God. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to alter, amend and explain the first section of an act passed for the relief of co-securities, assented to the 22d December, 1840, and to authorize Constables to levy certain executions. WHEREAS great doubt exists whether a co-security who has been sued with other securities as such, as also, co-securities, who have omitted to sign the original note or contract as security, and also neglected to make special defence at the trial of the same, showing him or themselves security on the original contract, and against whom executions have issued, and who have been compelled to pay off the same, can have control of the same for the purpose of reimbursing him or themselves out of the property of the co-securities: SECTION 1. For remedy whereof, be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and immediately after the passage of this act, any security who may have been, or who may hereafter be sued as such, with other co-securities and against, whom execution may have been or may be issued, and who may have been or may hereafter be compelled to pay off the same, shall, after an entry made by the collecting officer, that the same has been well and truly paid by such security, have control of the execution or executions for the purpose of reimbursing him or themselves proportionably, out of the property of the co-security or securities. SECTION 2. And be it further enacted by the authority aforesaid, That any security who may have been or may be sued together with other securities, and who have omitted or may omit to sign the original note or contract as security, and who when sued have neglected or may neglect to make special defence at the trial, showing himself or themselves security on the original contract, and against whom execution has issued or may issue, and who have been or may be compelled

Page 278

to pay off the same, shall, upon showing to the Court from whence said execution or executions issued, that he or they were bona fide security or securities on the original contract, and not interested in the original consideration, have an entry by the Court that he or they are security or securities on the execution or executions, and after which, and upon having an entry made by the collecting officer, on the execution or executions, that the same has been well and truly paid by said security or securities, then and in such cases, said security or securities so paying off and discharging said execution or executions, shall have control of the same for the purpose of collecting by levy and sale from each co-security so sued together, or such as may be responsible, the proportionable share due by each upon such execution or executions: Provided, nevertheless, that if any should not be responsible, then the amount so paid on said execution or executions by such security, is to be equally divided between those securities who are. SECTION 3. And be it further enacted by the authority aforesaid, That in all cases where any Sheriff may be a defendant in execution, it shall be lawful for the plaintiff to place his execution in the hands of any Constable of the county, who shall be and he is hereby authorized to levy and sell. as the Coroner or Sheriff of an adjoining county is authorized to do in such cases. SECTION 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. Approved, February 8, 1850. AN ACT to amend an act to give to Masons and Carpenters an incumbrance for debts due on account of work done, and materials furnished in building or repairing houses and premises to which they may be attached, passed 22d December, 1834, so as to give to painters, tinners and coppersmiths in the county of Richmond and city of Savannah, the like security for debts due on account of work done on houses in the county of Richmond and city of Savannah, and city of Columbus. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That all debts which may hereafter become due to any painter, tinner or coppersmith in the county of Richmond or the city of Savannah, or city of Columbus, in this State, for [Illegible Text], tin or copper work done on any houses in said county,....! in said cities, shall constitute and be an incumbrance on

Page 279

such house and premises to which it may be attached, to the same extent, upon the same terms, and with the same qualifications and restrictions, as debts due to Masons and Carpenters for work done and materials furnished in the building and repairing houses now constitute, and are on such houses and the premises to which they may be attached, by virtue of the act of the General Assembly of this State, entitled an act to give to masons and carpenters an incumbrance for debts due on account of work done and materials furnished in building or repairing houses, on such houses and premises to which they may be attached. SECTION 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. Approved, February 23, 1850. AN ACT to designate the Holidays to be observed in the acceptance and payment of bills of exchange and promissory notes, and to disallow the three days, commonly called three days of grace, on all sight drafts or bills of exchange drawn payable at sight. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the following days, namely; the first day of January, commonly called New Years day, the fourth day of July, the twenty-fifth day of December, commonly called Christmas day, and any day appointed or recommended by the Governor of the State of Georgia, Mayor of any city, or other municipal authority in said State, or the President of the United States, as a day of fast or thanksgiving, shall for all purposes whatsoever as regards the presenting for payment or acceptance, and of protesting and giving notice of the dishonor of any bill or bills of exchange, bank check or checks, and promissory note or notes, made after the passing of this act, be treated and considered as is the first day of the week, commonly called Sunday. SECTION 2. And be it further enacted by the authority aforesaid, That three days, commonly called the three days of grace, shall not be allowed upon any sight drafts or bills of exchange drawn payable at sight, after the passage of this act; but the same shall be payable on presentation thereof, subject to the provisions of the first section of this act. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 8, 1850.

Page 280

AN ACT to authorize the legal representatives of intestates and testators of other States, and guardians, to sue in this State. WHEREAS it frequently happens that persons depart this life in another State, owning judgments, bonds, mortgages and other specialties and promissory notes, bills of exchange, and other evidences of debts, and divers causes of action against citizens of this State, and by the existing laws suits cannot be brought in this State for the recovery of their rights, without some inhabitant of this State first takes out letters of administration upon the estate of such deceased persons, and for remedy whereof: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall and may be lawful for any administrator or administrators, and administratrix, for any executor or executors, and executrix, or guardian, of any deceased person or persons who may have departed this life in another State, and a citizen or citizens of such other State, at the time of their decease, owning at said time any judgments, bonds, mortgages and other specialties, and promissory notes, bills of exchange, and other evidences of debt, and any other cause of action against citizens of this State, to institute suit in his, her or their name, for the recovery of the same, in any of the courts of this State, which by law have jurisdiction of the subject matter: Provided, said legal representatives shall on or before the judgment term of the court to which such suit or suits are brought, file in said court a legally authenticated exemplification of his, her or their letters of administration, or letters testamentory, or letters of guardianship, according to law, to be used on the trial. SECTION 2. And be it further enacted by the authority aforesaid, That said plaintiffs, his, her or their agent or attorney-at-law, may use any of the common law or statutary means or remedies now in force in this State, by complying with the distinct provisions of said laws, as other plaintiffs. SECTION 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. Approved, February 23, 1850. AN ACT to amend an act entitled an act to alter and amend an act entitled an act to define the liability of sureties on appeals, c., approved December 26th, 1831.

Page 281

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That whenever any person has or shall become surety on any note, bond or other contract, and fails to sign his name as such, and separate actions are brought against such surety and his principal, and the surety shall or may pay off the judgment rendered against himself, and shall make it appear to the Court in which the judgment was obtained, that he was only a surety on such bond, note, c., and not interested in the consideration thereof, that then and in that event, he shall be entitled to the control of the judgment against his principal for the purpose of remunerating himself out of his property. SECTION 2. And be it further enacted, That when any surety shall or may sign his name as such, to any bond, note or other contract, and separate suits are brought against him and his principal, that he shall be sued as surety, and as such [Illegible Text] and final process shall go against him, and on his paying off the judgment obtained against himself, he shall have control of the execution against his principal for his reimbursement. SECTION 3. And be it further enacted, That where there are two or more sureties to any note, bond or other written contract, and such sureties are or may be sued in separate actions, the surety paying off the debts shall have the control of the executions obtained against his co-sureties, for the purpose of collecting out of them their pro rata part of the debt; and if such surety should fail to sign his name as such, then on his making it appear to the Court in which such suit was brought, that he was only a surety, and not interested in the consideration of the debt, he shall have the control of the executions issued against his co-securities to the same extent and for the same purpose as is provided in the foregoing part of this section. SECTION 4. And be it further enacted, That if separate suits are or hereafter may be brought in any of the courts of this State, against the maker and indorsers of any promissory note, and the debt is or may be collected of one of said indorsers, in that event such indorser, for his reimbursement, shall have the control of the execution issued against the maker of the note, as well also as of the executions obtained against any of the prior indorsers. SECTION 5. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850.

Page 282

AN ACT for the relief of certain citizens of this State from any and all disabilities, pains and penalties to which they may now be subjected to by law. WHEREAS the Supreme Court of this State has decided that final divorces cannot be obtained, and are not authorized by law for any cause arising subsequent to the marriage; and whereas, there are many citizens, male and female, who have been divorced either by the judgment of the Superior Courts of this or some other State; and whereas, there are those who now reside in this State, who have been divorced by the acts and resolutions of the Legislative authority of other of the American States; and whereas doubts are entertained as to the validity and legality of said divorces so obtainedfor 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 where any person or persons having been divorced as aforesaid, shall have heretofore married, or shall hereafter contract in marriage, that the same shall be legal and valid, and that all and every such person shall be exempt from all and every, the pains and penalties now prescribed against the crime of bigamy, and all privilges and immunities secured to the party in the decree of divorce, shall be valid in this State: Provided, that this act shall not extend to partial divorces, whether granted in the State of Georgia, or elsewhere. SECTION 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. Approved, December 20, 1849. AN ACT to compensate the Grand and Petit Jurors of the Superior Court for the county of Gilmer, and to provide for the payment of the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of January, eighteen hundred and fifty-one, the Grand and Petit Jurors of the Superior Court of the county of Gilmer, shall each be entitled to receive one dollar per day from the County Treasurer for said county, for each and every day he may serve as Grand or Petit Jurors. SECTION 2. And be it further enacted by the authority aforesaid, That the Tax Collector of said county shall pay over to the County Treasurer, eight per cent. out of the whole amount

Page 283

of the tax by him collected, annually, from and after the first day of January, eighteen hundred and fifty-one, which shall be set apart as a special fund for the payment of the Jurors as aforesaid. SECTION 3. And be it further enacted by the authority aforesaid, That the Jury fees of three dollars for every [Illegible Text], and the fee of one dollar for every confession, and all other fees now allowed by law, shall be received by the Clerk of the Superior Court of said county, and be him paid into the County Treasury, together with the eight per cent. as aforesaid, which shall be held by the County Treasurer as a special and separate fund, only to be applied to the payment of Jurors for their services. SECTION 4. And be it further enacted by the authority aforesaid, That if the provisions in the second and third sections should not be sufficient to pay off the Jurors, then it shall be the duty of the Inferior Court to levy a tax so as to make up the deficiency, in order to pay the Jurors promptly at each term of the Court. SECTION 5. And be it further enacted by the authority aforesaid, That the office of Tax Collector and Receiver shall not be separate so long as this act is in force, and that the eight per cent. shall be taken out of the fees of the Tax Collector and Receiver. SECTION 6. And be it further enacted by the authority aforesaid, That the certificate of the Clerk of the Court of said county, shall be sufficient evidence of the service of a Juror, and on presentation shall be paid by the County Treasurer to the holder thereof. SECTION 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. Approved, February 6, 1850. AN ACT to compensate the Petit Jurors of Lee county, and to authorize the Inferior Court to levy a tax for said purpose. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the regular panel of Petit Jurors for the county of Lee shall be allowed the sum of one dollar per day, for each Juror for every day said Juror is in attendance upon the Court in discharge of his duty. SECTION 2. And be it further enacted by the authority aforesaid, That the Inferior Court of said county is hereby required

Page 284

to levy a tax amounting to a sufficient per cent. upon the State tax, to raise the requisite amount, to be collected and returned by the Receiver and Tax Collector of said county in the same manner as other taxes; and upon the Juror or Jurors presenting to the County Treasurer the Clerk's certificate of the number of days he or they have so served, said Treasurer shall pay to him or them said sum of one dollar per day for such service, any law to the contrary notwithstanding. Approved, February 14, 1850. AN ACT to compensate Grand and Petit Jurors of the county of Muscogee, and to authorize the Justices of the Inferior Court of said county to levy and collect a tax for such purposes, and for other purposes herein contained. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that all persons who may be summoned, sworn and [Illegible Text] as Grand or Petit Jurors for the Superior or Inferior Courts of Muscogee county, shall each be entitled to and receive the sum of one dollar for each and every day the said Jurors shall attend. SECTION 2. And be it further enacted by the authority aforesaid, That the Jury fees now allowed by law to Grand and Petit Jurors, in each and every case in said Courts, shall be paid over to the Clerk of said Courts; and the Clerk of said Court shall, at the expiration of the time or term for which the said Jurors were empannelled to serve, pay over to each and every Juror his proportionable part of the said fees so received and to be received, as hereinbefore recited, and to give to each of said Jurors a certificate for the time he served, as is now required by law, and enter on the same the amount paid as aforesaid; which certificate, when presented to the Treasurer of said county, such Treasurer shall and he is hereby authorized to pay the amount due on the same out of any fund raised or in his hands for that purpose. SECTION 3. Be it enacted by the authority aforesaid, That the Justices of the Inferior Court of Muscogee county be and are hereby authorized to levy an extra tax upon the citizens and property of said county, not to exceed twenty-five per cent. upon the State tax, which tax shall be collected by the Tax Collector of the county of Muscogee in the same manner as other taxes are; and the said Collector shall pay the same over to the Treasurer of Muscogee county, to be kept and used separately and exclusively for the payment of Jurors,

Page 285

as hereinbefore recited; and if the sum so raised is not sufficient to discharge and pay off all of said Jurors, then and in such cases the Treasurer shall pay the same pro rata. SECTION 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. Approved, December 21, 1849. AN ACT to compensate the Petit Jurors of Early county, and to provide for raising a fund 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 Petit Jurors of Early county shall be entitled each to have and receive the sum of one dollar per day for each day they may serve as Petit Jurors in the Superior Courts of Early county, the same to be paid by the county Treasurer of said county out of the fund to be provided for that purpose. SECTION 2. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of Early county be and they are hereby authorized to levy and impose an additional tax to the county tax upon the State tax of said county sufficient to provide a fund for the purpose contained in the foregoing section of this article. SECTION 3. And be it further enacted by the authority aforesaid, That all jury fees heretofore paid to Petit Jurors in the Courts aforesaid, shall be paid to the Clerk of said Court, which shall be turned over by him to the county Treasurer, and shall constitute a part of the jury fund of said county. SECTION 4. And be it further enacted by the authority aforesaid, That it shall be the duty of the Clerk of said Court to make out a list of the names of the several Petit Jurors who shall have served as Petit Jurors, at the end of each term of the Court, designating the time that each Juror had served, and that the county Treasurer shall thereupon pay over to said Juror the sums that may appear to be due, upon application for the sameany law to the countrary notwithstanding. Approved, December 20, 1849. AN ACT to compensate Petit Jurors of the county of Laurens. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

Page 286

and it is hereby enacted by authority of the same, That Petit Jurors serving in the Superior Courts of said county shall receive one dollar per diem for their services; and that the Inferior Court of said county shall levy an extra tax of ten per centum on the amount of the general State tax, which shall be collected and paid over to the county Treasurer by the Tax Collector, and by him paid to the Jurors; which sum so raised shall be paid over by the Tax Collector to the county Treasurer, and by him paid to the jury: Provided, if this amount levied exceeds a sum sufficient for said purposes, that the excess shall be paid into the county fund for county purposes. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, December 21, 1849. AN ACT to give additional compensation to the Petit Jurors of 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 passage of this act, the several persons, citizens of Randolph county, summoned to attend the sittings of the Superior and Inferior Courts of the county aforesaid as Petit Jurors, and who shall attend the same, shall severally be entitled to receive from the Treasury of said county the sum of fifty cents per day, in addition to the fees now paid for confessions and verdicts, for each and every day he may give his attendance: Provided, he shall produce the certificate of the Clerk of the time he has served, which certificate shall be a warrant for the sum allowed, and a voucher to the Treasurer for the paying the same. SECTION 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. Approved, February 1, 1850. AN ACT to compensate the Grand and Petit Jurors of the county of Murray. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That

Page 287

from and after the passing of this act, that all fees for verdicts and all confessions in the Superior and Inferior Courts of said county, shall hereafter be paid to the respective Clerks of said Courts, which shall constitute in their hands a common fund, to be called the jury fund of Murray county. SECTION 2. Be it further enacted by the authority aforesaid, That the Clerk of said Superior Court shall at the close of each term of said Court, out of said fund so placed in his hands, pay each Grand and Petit Juror the sum of one dollar per day for his services; and if there should not be sufficient of said funds in the hands of said Clerk, then he shall give to each of said Jurors a certificate for such balance, which the county Treasurer of said county shall pay out of the county funds in his hands. SECTION 3. Be it further enacted by the authority aforesaid, That the Clerk of the Inferior Court shall pay the like sum of one dollar per diem to each juryman serving in his Court, at the close of each term thereof, out of said fund, if so much shall be in his hands; if not, he shall give the like certificates for the balance, which shall be discharged in like manner aforesaid; and if, at the end of any term of the Court aforesaid, there shall still be a balance of said jury fund, after having paid off the Jurors for said term, he shall forthwith turn over the same to the Clerk of the Superior Court of said county, who shall hold it for the purpose aforesaid. SECTION 4. Be it further enacted by the authority aforesaid, That all fines imposed on Jurors in either of said Courts, for non-attendance or other cause, shall be paid into the hands of said Clerks, and constitute a part of the fund aforesaid. SECTION 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws militating against the same, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to compensate Petit Jurors in the county of Houston. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, all fees for verdicts, and all confessions in the Superior and Inferior Courts of said county, except such as may be obtained before a special jury, shall hereafter be paid to the respective Clerks of said Courts, which shall constitute in their hands a common fund, to be called the jury fund of Houston county. SECTION 2. Be it further enacted by the authority aforesaid,

Page 288

That the Clerk of said Superior Court shall, at the close of each term of said Court, out of said fund so placed in his hands, pay each Petit Juror the sum of one dollar per day for his services, and if there should not be sufficient of said funds in the hands of said Clerk, then he shall give to each of said Jurors a certificate for such balance, which the county Treasurer of said county shall pay out of the county funds in his hands not otherwise appropriated. SECTION 3. Be it further enacted by the authority aforesaid, That the Clerk of the Inferior Court shall pay the like sum per diem to each juryman serving in his Court at the close of each term thereof, out of said fund, if so much shall be in his hands; and if not, he shall give the like certificates for the balance, which shall be discharged and paid off in like manner aforesaid; and if at the end of any term of the Inferior Court aforesaid, there shall still be in the hands of the Clerk of said Court a balance of said jury fund, after having paid off the Jurors for said term, he shall forthwith turn over the same to the Clerk of the Superior Court of said county, who shall hold it for the purposes aforesaid. SECTION 4. Be it further enacted by the authority aforesaid, That all fines imposed on Jurors in either of said Courts for non-attendance or other causes, shall be paid into the hands of said Clerks, and be constituted a part of the fund aforesaid. SECTION 5. Be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of Houston county be authorized and they are hereby required to levy an extra tax not exceeding twenty-five per cent. upon the amount of the general State tax of said county, which shall be collected and paid over to the county Treasurer, and shall constitute a fund to pay off and discharge the certificates that may hereafter be issued to Petit Jurors, by the Clerks of the Superior and Inferior Courts, in pursuance of the provisions of this act. SECTION 6. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against the provisions of this act, be and the same are hereby repealed. Approved, December 20, 1849. AN ACT to give to Grand Jurors of Cass county the same compensation that is allowed to Petit Jurors in said county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Grand Jurors for the county of Cass shall receive the same compensation that Petit Jurors now receive, and that they shall be paid in the same manner. Approved, February 14, 1850.

Page 289

AN ACT to compensate Grand and Petit Jurors for the county of Meriwether, and to authorize the Justices of the Inferior Court to levy an extra tax for that purpose; and to prevent the Justices of the Inferior Court of Cherokee county from levying more than fifty per cent on the State tax, for county purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That all persons who may be summoned to attend the Superior and Inferior Courts of Meriwether county, as Grand and Petit Jurors, and who shall be sworn and empanneled as Jurors, shall severally be entitled to receive the sum of one dollar each per day, that the said Jurors shall attend as aforesaid. SECTION 2. And be it further enacted by the authority aforesaid, That the fee now allowed by law for the trial of each and every case in said courts, shall be received by the respective Clerks of said courts, who shall at the close of said courts, pay to each Juror his proportionable part of the money raised as aforesaid, and give to the said Juror a certificate for the balance due him, which certificate shall be presented to the County Treasurer, who is hereby authorized and required to pay the same out of a fund raised for that purpose, which said fund shall be kept separate, and paid out accordingly. SECTION 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 on the State tax, which tax, when collected, shall be paid by the collector thereof into the County Treasury, for the purposes aforesaid, and in the event that the amount so raised shall not be sufficient to pay the certificates issued by the Clerk, they shall be paid pro rata. SECTION 4. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of Cherokee county shall in no case be authorized to assess, or cause to be collected as a tax extraordinary on the State tax, for county purposes, a sum greater than fifty per cent on the State tax of said county; and that the said Justices shall in no case assess, or cause to be collected, any county tax, unless the same shall first have been recommended by the Grand Jury of the county, at the first term of the Superior Court in each year; and no recommendation of the Grand Jury shall authorize the assessment or collection of more than fifty per cent on the State tax: Provided, that the said court may assess and have collected such per cent. on

Page 290

the State tax, beyond the sum above mentioned, as may be recommended by the Grand Jury as a tax for poor school purposes. SECTION 5. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 6, 1850. AN ACT to compensate Petit Jurors in the county of Hancock. SECTION 1. Be it enacted by the Senate and 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 cases of confession of judgment, as well as verdicts rendered in the Superior and Inferior Courts of the county of Hancock, a jury fee of three dollars shall be paid by the plaintiff, to be taxed in the cost against the unsuccessful party, and such fees shall be divided amongst the Jurors sworn and in attendance under the direction of the Court; and in the trial of slaves or free persons of color in said county, a fee of six dollars shall be paid by the Clerk of the Court to the jury, to be included in the costs to be taxed against the owner or guardian, in case of conviction, when the punishment is not capitalall laws to the contrary notwithstanding. Approved, February 23, 1850. AN ACT to compensate the Petit Jurors of the county of Jasper, and to authorise 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 Jasper county as Petit Jurors, and who shall be sworn and empanneled as Jurors, shall severally be entitled to receive the sum of one dollar each per day, for each and every day the said Jurors shall attend as aforesaid. SECTION 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 others allowed by law, shall be received by the respective Clerks as aforesaid, and at the close of said Courts 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

Page 291

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 a fund raised for that purpose, which said fund shall be kept separate and paid out accordingly. SEC. 3. And be it further enacted by the authority aforesaid, That for the purpose of enabling the treasury of said county to pay 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. upon the State tax, which tax when collected shall be by the Collector thereof paid into the county Treasury for the purpose aforesaid, and in the event the amount so raised shall not be sufficient, to pay them pro rata. SECTION 4. Be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, January 18, 1850. AN ACT to repeal so much of an act entitled an act to compensate Grand and Petit Jurors in the counties of Wilkes and Thomas, assented to 25th December, 1837, as relates to the Grand Jurors of the county of Thomas. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, so much of an act entitled an act to compensate Grand and Petit Jurors of the counties of Wilkes and Thomas, assented to 25th December, 1837, as relates to Grand Jurors of the county of Thomas be and the same is hereby repealed. Approved, February, 1850. AN ACT to provide for the compensation of Grand and Petit Jurors of the Superior and Inferior Courts of the county of Elbert, and to repeal all former laws. SECTION 1. Be it enacted by the Senate and 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 Grand Jurors of said county of Elbert at each term respectively of the Superior Court of said county, shall receive for pay for their services as Grand Jurors, the verdict and confession fees of all special jury cases determined

Page 292

during the term of their service, to be divided equally between them at the end of each term, and they, the said Grand Jurors, shall receive nothing more. SEC. 2. That the Petit Jurors of said county of Elbert, at each term respectively of the Superior and Inferior Courts of said county, shall receive for pay for their services as Petit Jurors, the verdict and confession fees of all Petit Jury cases tried or determined during the term of their service, to be divided equally between them at the end of each term; and they, the said Petit Jurors, shall receive nothing more. SEC. 3. That the provisions of this act shall extend only to Jurors sworn in. SECTION 4. 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. Approved, December 14, 1849. AN ACT authorizing the Inferior Court of the county of Cobb to pay the amount due to the citizens of said county, for services rendered as Jurors to the first of January, 1850. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Inferior Court of the county of Cobb be authorized to pay the amount due the citizens of said county, for services [Illegible Text] as Jurors, to the first day of January, eighteen hundred and fifty, out of any money in the Treasury not otherwise appropriated. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this law, be and the same are hereby repealed. Approved, February 1, 1850. AN ACT to alter and amend an act to provide for the compensation of Grand Jurors of Lumpkin county, passed December 7th, 1843; and also, to provide for the compensation of Petit Jurors in the Superior and Inferior Courts 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 each member of the Grand Jury, and also each of the Petit Jurors in both the Superior and Inferior Courts of said county

Page 293

of Lumpkin, shall receive at and after the rate of seventy-five cents per diem for each day's service as Jurors aforesaid. SECTION 2. And be it further enacted by the authority aforesaid, That the Jury fees, and the confession fees arising in all cases in said Superior and Inferior Courts, shall be paid over to the Clerks of said courts, respectively, who shall at the expiration of each term thereof pay over the same equally to each of the Jurors who may have served in said courts. SECTION 3. And be it further enacted by the authority aforesaid, That when there shall be a deficiency of said fees to pay said Jurors, the said Clerks shall ascertain the same, and shall issue a certificate to each Juror aforesaid, for the amount of his said deficit, which said certificates shall be a lawful tender to pay all taxes which may be assessed or collected in said county for county purposes. SECTION 4. And be it further enacted by the authority aforesaid, That it shall be the duty of the Tax Collector of said county, and he is hereby required to receive said certificates in payment for all taxes or dues which may belong to said county. SECTION 5. And be it further enacted by the authority aforesaid, That the County Treasurer of said county shall be, and he is hereby required to receive said certificates in liquidation of all amounts which may be receivable by him, and payable to him, for county purposes. SECTION 6. And be it further enacted by the authority aforesaid, That all laws and parts of laws contravening the provisions of this act, be and the same are hereby repealed. Approved, December 20, 1849. AN ACT to relieve the Justices of the Inferior Court from Jury duty. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, all Justices of the Inferior Court of this State, be and the same are hereby, at their own option, exempt from Jury duty. SECTION 2. 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. Approved, February 21, 1850.

Page 294

AN ACT to establish a Justices' Court at Holmesville in Appling county, and to define the limits of the district, and provide for the election of two Justices of the Peace and a Constable, as officers of said Court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That a Justices' Court be established at Holmesville in the county of Appling. SECTION 2. And be it further enacted, That the court district shall not exceed twenty miles square, the court-house in said village being the centre thereof. SECTION 3. And be it further enacted, That all persons entitled to vote for members of the Legislature, residing in said district, be authorized to meet at the court-house in the town of Holmesville, on the first Monday in April next, and proceed to elect two Justices of the Peace and one Constable, who shall be commissioned by the Governor, and hold their offices until the first Monday in January eighteen hundred and fifty-two, or until their successors shall be elected and commissioned. Approved, February 23, 1850. AN ACT to authorize the Justices of the Peace elected for the First, Second, Third and Fourth Districts G. M., composing the city of Savannah, to reside and hold their respective offices and Courts at any place within the corporate limits of said city. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Peace elected for the First, Second, Third and Fourth Districts G. M., composing the city of Savannah, be and are hereby authorized to reside and hold their respective offices and Courts at any place within the corporate limits of the city of Savannah. SECTION 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. Approved, December 19, 1849. AN ACT to authorize the Justices of the Peace in the 1026th District, Georgia Militia, to hold Court two days in each month. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That

Page 295

from and after the passage of this act, it shall be lawful for the Justices of the Peace in the 1026th District, Georgia Militia, in said State, to hold Court in said District, at the place of holding Justices' Courts in said District, two days in each month. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed, so far as they relate to said District. Approved, February 5, 1850. AN ACT to amend an act to change the place of holding the Justices' Court of the 26th Militia District in the counof Glynn. Be it enacted by the Senate and House of 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 law, it shall be lawful for the Justices of the Peace of the 26th Militia District, in the county of Glynn, to hold their Courts at Brunswick or Stirling, [or] at both: Provided, No Justice of the Peace shall hold more than one Court a month at either of the aforesaid places. Be it further enacted, That all laws or parts of laws militating against the provisions of this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to amend the several acts relating to Justices Courts, so far as regards the county of Chatham. Be it enacted by the Senate and House of 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 suits brought in any of the Justices' Courts in Chatham county, judgment shall be rendered at the first term, unless the defendant shall enter an appearance and file a plea in writing. And be it further enacted by the authority aforesaid, That whenever the defendant shall enter his appearance and file his plea in writing at the first Term, the case shall be placed on the Jury Docket, and tried by a Jury at the succeeding term, unless good cause be shown for a continuance. And be it further enacted by the authority aforesaid, That in all cases now pending or which may hereafter be instituted in any Justices' Court in Chatham county, in which the

Page 296

plaintiff shall be admitted to prove his own account by his own oath under the statutes now in force, it shall be lawful for the defendant to be sworn and give his testimony in defence, upon making affidavit that he has no other testimony which it is in his power to procure to disprove the justice of the account. 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. Approved, December 19, 1849. AN ACT to authorize the Justices of the Inferior Court of the county of Liberty to sell a tract of land known as the parade ground, in said county. WHEREAS by an act passed the 22d day of December, 1830, the Inferior Court of the county of Liberty was authorized to purchase a lot of land for a parade ground; and whereas, said parade ground has fallen into disuse: SECTION 1. Be it enacted by the Senate and 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 Liberty are hereby authorized to sell, (as in their discretion may seem best), all that tract or lot of land known as the parade ground, and in their official capacity to perfect titles to the same. SECTION 2. And be it further enacted by the authority aforesaid, That the aforesaid Justices shall place the proceeds of said sale in the custody of the County Treasurer, for the benefit of the county of Liberty. Approved, January 31, 1850. AN ACT to authorize the inhabitants of Walker county, in certain neighborhoods where the milk sickness prevails, to fence the land, and to punish those who may disturb or destroy such enclosures. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Amos Ryan, Jesse Stephens, James Ryan, L. W. Brooks, and other citizens of the county of Walker, residing in McLemore's Cove, are here by authorized to enclose, by building a suitable fence, all such localities as may have been, or may be ascertained to be productive of the disease commonly known by the name of milk sickness.

Page 297

SECTION 2. And be it further enacted, That every person who may throw down any such fence or fences, or leave open any gate, so as to expose the inhabitants to the danger of this [Illegible Text] disease, shall be guilty of a misdemeanor, and may be indicted therefor, and on conviction shall be punished by fine or imprisonment in the common jail of the county, or both, at the discretion of the court. SECTION 3. And be it further enacted, That nothing in this act contained shall be so construed as to affect the title of the owner of the lands so enclosed, or to impair in any manner his absolute possession, use and control, at all times, and in such manner as he may desire, so that he does not wilfully and maliciously expose the neighborhood to the danger of such disease. SECTION 4. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 11, 1850. AN ACT to authorize his Excellency the Governor to have surveyed all the unsurveyed lands in the county of Ware, and have the said lands sold at the court-house in the county of Ware, to the highest bidder, on such terms as he shall direct. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of his Excellency the Governor to have all the unsurveyed lands in the county of Ware run out in lots of 490 acres each, and cause said lands to be sold before the court house door in the county of Ware, to the highest bidder, on such terms as he may direct. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 11, 1850. AN ACT to authorize his Excellency the Governor to dispose of certain lands belonging to the State of Georgia. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Governor be authorized to dispose of such lands lying on the line of the Western and Atlantic Rail Road, as he may deem expedient, by public sale.

Page 298

SECTION 2. And be it further enacted by the authority aforesaid, That the moneys arising from the sale of the lands aforesaid, may be applied to any of the purposes of the Western and Atlantic Railroad, or placed in the State Treasury to be used in defraying the expenses of the State Government, whichever may be deemed most expedient. SECTION 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. Approved, February 8, 1850. AN ACT to declare certain lands in the county of Ware forfeited to the State, and to provide for disposing of the same; also, to repeal the second, third, fourth, fifth, sixth, seventh and eighth sections of an act approved December 30th, 1847, to declare certain lands in the county of Ware forfeited to the State, and to provide for disposing of the same, and to fix the price of certain grants. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, all the lands in the 12th and 13th districts of originally Appling, now Ware county, that was sold under and by virtue of an act approved 22d December, 1827, that are not granted by the first day of October next, be and the same are hereby forfeited to the State. SECTION 2. And be it further enacted by the authority aforesaid, That it shall be the duty of his Excellency the Governor to appoint a suitable person to act as agent or commissioner, to sell at public sale, before the court-house door in the county of Ware, all the lands forfeited to the State by virtue and authority of this act, first giving notice thereof thirty days, in one of the public gazettes of this State, and at the court-house in said county, said sales to continue from day to day until all are sold or offered for sale. SECTION 3. And be it further enacted by the authority aforesaid, That said Commissioner, before entering upon the duties of said commission or agency, shall give bond and security to his Excellency the Governor, in a sum of twenty thousand dollars, for the faithful performance of his duties as Commissioner aforesaid. SECTION 4. And be it further enacted by the authority aforesaid. That the terms of sale shall be one-fourth cash, and one-fourth annually, until the three remaining instalments are paid, for which the said commissioner shall take notes, with approved security, payable to his Excellency the Governor,

Page 299

or his successors in office; and it shall be the duty of the Commissioner to give to each purchaser a certificate of purchase for each lot by him so purchased, and upon the presentation of said certificate, on the payment of the last instalment, and first paying into the Treasury, two dollars and fifty cents, shall be entitled to receive a grant in his or their own name. SECTION 5. And be it further enacted by the authority aforesaid, That said Commissioner shall be allowed to retain five per cent. out of all monies by him collected, and two and a half per cent. on all notes by him taken as a compensation for his services as Commissioner aforesaid; and it shall be the duty of said Commissioner to pay into the Treasury of the State, within two months from the date of sale, all monies by him collected, first deducting the cost of advertising, and his own fees. SECTION 6. And be it further enacted by the authority aforesaid, That the second, third, fourth, fifth, sixth, seventh and eighth sections of an act approved December 30th, 1847, declaring certain lands in the county of Ware forfeited to the State, and to provide for the disposing of the same, are hereby repealed, and the second, third, fourth and fifth sections of this act are hereby adopted in lieu of the said second, third, fourth, fifth, sixth, seventh and eighth sections of the above recited act of 1847. SECTION 7. And be it further enacted by the authority aforesaid That original purchasers shall have grants at the same price that is to be paid under this act; and that all other purchasers of public lands, whether fractions, lots or islands, be allowed grants on the same terms, where the entire purchase money, with interest, has been paid, or is on deposite with the proper officer, or may be paid in the time limited by this act. SECTION 8. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to authorize the sale of all lands that cannot be granted under existing laws. SECTION 1. Be it enacted by the Senate and House of Representatires of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That all lots of land in this State, which cannot be granted under the existing laws, shall be sold under the direction of the Governor, at public outcry, at the court-house of the county

Page 300

in which the same lies, after being publicly advertised three months in said county, and in one of the public gazettes of this State. Approved, February 23, 1850. AN ACT to provide for the disposing of certain lands in the twelfth and thirteenth districts of the county of Ware, which were sold under an act passed the 23d day of December, 1833, and which have not been paid for and granted by the purchasers under said act. WHEREAS an act was passed on the 13th day of December, 1847, declaring certain lands in the 12th and 13th districts of Ware county, therein described, forfeited to the State, and providing for the sale of the same, and said lands not having been sold according to the provisions of said act: 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 Sheriff of the county of Ware be and he is hereby authorized and required to offer for sale, at public auction, all of the above described lands, which may remain unpaid for and ungranted on the first day of October next, first giving notice in two of the public gazettes in Milledgeville, and at the court-house in the county of Ware, at least one month prior to the day of sale, of the number of lots in each district, and the terms of sale, which shall be on the first Tuesday in the month, and between the usual hours of sale; and the said Sheriff shall give to each purchaser a certificate of purchase, free of charge, on the payment [by] said purchaser of one-third the purchase money, the balance to be paid in equal instalments of one and two years. SECTION 2. And be it further enacted by the authority aforesaid, That said Sheriff shall be reqired to pay into the Treasury of the State, within three months from the day of sale, all monies by him collected as aforesaid, after deducting five per cent. for his commissions, and the actual costs of advertising. SECTION 3. And be it further enacted, That on the payment of the last instalment, and on the purchaser presenting a certificate to the Surveyor General, attesting that the same has been paid, he shall be entitled to receive a grant for the land purchased by him, first paying into the Treasury the sum of two dollars and fifty cents. SECTION 4. And be it further enacted, That if the purchaser shall fail to pay all and every part of the purchase money, within six months after the last instalment becomes

Page 301

due, then his Excellency the Governor shall forthwith declare the lot or lots for which the same is due or owing, to be forfeited to the State, and shall cause the same to be sold in the manner prescribed in the first section of this act. SECTION 5. Be it further enacted, That the Surveyor General be and he is hereby required to furnish the Sheriff of the said county of Ware, with a list of the lots of land in said 12th and 13th districts of Ware, which was sold under the act of the 23d of December, 1833, which may remain ungranted on the first day of October next, and that the Sheriff be allowed to continue his sales from day to day until all of said lots are sold or offered for sale. SECTION 6. And be it further enacted, That the collection of any monies coming into the hands of the Sheriff by virtue of this act, shall and may be enforced by rule and attachment as in other cases. SECTION 7. And be it further enacted, That nothing in this act shall be so construed as to prevent persons whose lands were declared forfeited by the above recited act of the 13th December, 1847, from paying up all sums due, including interest, and getting grants for the same, and for sum required by the third section of this act. SECTION 8. And be it further enacted, That the purchasers of lots in the county of Ware, under the act of 1833, shall take out and pay for grants as well as the purchase money and interest for the whole number of lots purchased, and unless the said purchasers shall comply with this section, then all such shall be excluded from the benefit of this act. SECTION 9. And be it further enacted, That in all cases where any person shall be living on a lot of the above recited lands, said persons after the purchaser has failed to take out a grant, shall be entitled to receive a grant to the same by paying into the treasury the grant fee. SEC. 10. And be it further enacted, That all laws or parts of laws repugnant to this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to revive, alter and amend an act for preventing controversies concerning the boundaries of land, and for processioning the same, approved February 2d, 1798. SECTION 1. Be it enacted by the Senate and House of 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 recited act shall be and the same is hereby revived, and that it shall be the duty of the Justices of the Inferior Court of each county, or

Page 302

any three of them, at the second regular term of the Inferior Court for the year eighteen hundred and fifty, and at said term of the Court every two years thereafter, to appoint three suitable persons, being citizens of this State, in every Captain's district, who shall be processioners of land for the districts in which they severally reside. Approved, February 21, 1850. AN ACT to incorporate Pythagoras Chapter No. 10, Hamilton Lodge No. 16, Dawson Lodge No. 67, Burns Lodge No. 56, Meridian Sun Lodge No. 26, Dalton Lodge No. 105, Magnolia Lodge No. 86, Euharly Lodge No. 97, [Illegible Text] Lodge No. 51, Marion Lodge No. 14, [Illegible Text] Lodge No. 25, Western Lodge No. 91, Blue Mountain Lodge No. 38, and Union Lodge No. 28, and for other purposes therein specified. SECTION 1. Be it enacted by the Senate and House of 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, Pythagoras Chapter number ten, of Pike county, Hamilton Lodge number sixteen, of Harris county, Dawson Lodge number sixty-seven of Taliaferro county, [Illegible Text] Lodge number fifty-six, of Macon county, Meridian Sun Lodge number twenty-six, of Pike county, Dalton Lodge number one hundred and five, of Murray county, Magnolia Lodge number eighty-six, of Early county. [Illegible Text] Lodge number ninety-seven, of Paulding county, Hiram Lodge number fifty-one, of Wilkes county, Marion Lodge number fourteen, of Marion county, Philomathea Lodge number twenty five, of Elbert county, and Western Lodge ninety-one, of Free and Accepted Masons, be and they are hereby severally made bodies corporate under their respective names and style aforesaid. SECTION 2. And be it further enacted, That Archibald A. Gaulding, High Priest, William W. Chapman, King, and Nathan B. Johnson, [Illegible Text], of Pythagoras Chapter number ten; that James M. [Illegible Text], [Illegible Text] Graves, and William J. Hudson, the officers of Hamilton Lodge number sixteen; that Singleton Harris, Worshipful Master, William Alexander, Senior Warden, and James R. M. Read, Junior Warden, of Dawson Lodge number sixty-seven; that William W. Corbit, Worshipful Master, Orren C. Horne, Senior Warden, and William Ansley, Junior Warden, of Burns Lodge number fifty-six; that Jason Burr, Worshipful Master, Addison A. Wooten, Senior Warden, and William M. Cline, Junior Warden, of Meridian Sun Lodge number twenty-six; that Francis W. McCurdy, Worshipful Master,

Page 303

Thomas B. Daniel, Senior Warden, and Cornelius Hibberts, Junior Warden, of Dalton Lodge number one hundred and five; that Joses B. S. Holmes, Worshipful Master, James Buchanan, Senior Warden, and Samuel Stafford, Junior Warden, of Magnolia Lodge No. eighty-six; that Stephen A. Borders, Joseph G. Blance, and Henry Kingsberry, the officers of Euharly Lodge number ninety-seven; that Isaac A. McLendon, Worshipful Master, Joshua C. Williams, Senior Warden, and William D. Walton, Junior Warden, of Hiram Lodge number fifty-one; that the officers of Marion Lodge number fourteen; that William B. Bowen, Amos L. Vail, and John H. Jones, and their associates, who now compose Philomathea Lodge number twenty-five; that Richard A. Lane, Andrew J. Healan and Thomas M. Nash, the officers of Western Lodge number ninety-one, they and their successors in office respectively, shall have full power and authority to purchase, inherit, receive, hold and enjoy property, both real and personal, sue and be sued, plead and be impleaded, to answer and be answered unto, in the several courts of law and equity in this State; and by their respective names and style shall have perpetual succession of officers and members, and a common seal for each to have and use, and to make, amend, alter and change such by-laws as may be agreed on by said Chapter and Lodges respectively, for the government of each: Provided, such by-laws be not repugnant to the constitution and laws of this State, nor of the United States. SECTION 3. And be it further enacted, That the officers of Blue Mountain Lodge number thirty-eight, and the officers of Union Lodge number twenty-eight, and their successors in office, be and they are hereby made bodies corporate under the names and style above, with all the powers, rights, and privileges conferred upon the other Lodges named in this act. SECTION 4. And be it further enacted, That in the purchase or sale of property, both real and personal, by the said Chapter and Lodges respectively, and in the execution of all contracts whatever, the signature of their several presiding officers and their respective [Illegible Text] or secretaries of each shall be taken, held and deemed sufficient to bind the said Chapter and Lodges respectively. Approved, February 5, 1850. AN ACT to incorporate Rising Sun Lodge No. 20, of Reidsville, Tattnall county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

Page 304

and it is hereby enacted by the authority of the same, That Rising Sun Lodge number twenty of Free and Accepted Masons of Reidsville in the county of Tattnall, be and the same is hereby made a body corporate under the name and style aforesaid. SECTION 2. And be it further enacted, That D. Sheftall, A. B. Strickland, and B. Brewton, the officers of said Lodge, be, and their successors in office are hereby declared capable in law of suing and being sued, purchasing property and selling the same, and doing all other things which bodies corporate may in law do, connected with the objects of their association. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, December 14, 1849. AN ACT to incorporate Lafayette Chapter, No. 12, and Darley Lodge No. 17, in the town of Fort Gaines, in the county of Early, and Pythagoras Lodge, No. 41, at [Illegible Text] in DeKalb 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 Lafayette Chapter, No. 12, and Darley Lodge, No. [Illegible Text] of Free and Accepted Masons, of the town of Fort Gaines, in the county of Early, be and they are hereby made bodies corporate under the names and styles aforesaid. SECTION 2. And be it further enacted by the authority aforesaid, That William J. Johnson, High Priest, Robert B. Peterson, King, and Richard J. F. Grist, Scribe, in said Chapter, and their successors in office; and Joseph M. Gardner, Worshipful Master, Robert B. Peterson, Senior Warden, and Thomas W. Garner, Junior Warden of said Lodge, and their successors in office, be constituted as bodies corporate, having full power and authority, in the names of their separate corporations, to hold and enjoy real and personal estate for the separate uses of said corporations, by gift, devise or purchase, and to sell and dispose of the same; to sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity having jurisdiction thereof. SECTION 3. And be it further enacted by the authority aforesaid, That Pythagoras Lodge, number 41, of Free and Accepted Masons of the county of DeKalb, be and the same is hereby made a body corporate, under the name and style aforesaid; and that Peter F. Hoyle, Robert M. Brown and

Page 305

Alexander Johnson, the officers elect for the ensuing [Illegible Text] year, and their successors in office, be and they are hereby declared a body corporate, to have a common seal, capable in law of suing and being sued, purchasing, holding property, both real and personal, and selling and conveying the same, and doing all other things which bodies corporate may in law do, connected with the objects of their associationany law, usage or custom to the contrary notwithstanding. SECTION 4. And by said names and styles shall have perpetual succession of officers and members, and a common seal for each to have and use, and make, alter, amend or change such by-laws as may be agreed on by the members of said Chapter or Lodge, for the government of each respectively: Provided, such by-laws be not repugnant to the constitution and laws of this State. Approved, December 19, 1849. AN ACT to incorporate San Marino Lodge, No. 34, [Illegible Text] boro', Georgia. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That San Marino Lodge, No. 34, of Free and Accepted Masons [Illegible Text] [Illegible Text]', Ga., be and the same is hereby made a body corporate by the name and style aforesaid. SECTION 2. And be it further enacted by the authority aforesaid, That William L. Strain, Worshipful Master, James L. Brown, Senior Warden, and Isaac Morrison, Junior Warden, the officers of said Lodge, be and they and their successors in office are hereby declared capable in law of [Illegible Text] and being sued, purchasing property and selling the same, and doing all other things which bodies corporate may in law do, connected with the object of their association. SECTION 3. And be it further enacted by the authority of the same, That all laws and parts of [Illegible Text] militating against this act be and the same are hereby repealed. Approved, December 19, 1849. AN ACT to amend an act entitled an act to incorporate the Grand Lodge of the Independent Order of Odd Fellows of the State of Georgia. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That

Page 306

the first section of the above recited act shall, from and after the passage of this act, read as follows, viz: The several persons herein before named, and others who are or may become members of the Grand Lodge of the Independent Order of Odd Fellows, and their successors, shall be and they are hereby deemed to be a body politic and corporate in name and deed, by the style of the Grand Lodge of the Independent Order of Odd Fellows of the State of Georgiasaid Lodge to be located at Savannah, or at such other place within this State as may be selected by said Grand Lodge; and by said name and style shall have perpetual succession of officers and members, and a common seal to use; and shall have power to make, amend, alter and change such by-laws as may be agreed on by the members of the same: Provided, such by-laws be not [Illegible Text] to the constitution and laws of this State or the United States. Approved, February 22, 1850. AN ACT to incorporate St. Thomas Lodge, number forty-nine, of Free and Accepted Masons of Thomas 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 St. Thomas Lodge, number forty-nine, of Free and Accepted Masons of the county of Thomas, be and the same is hereby made a body corporate under the name and style aforesaid. SECTION 2. And be it enacted by the authority aforesaid, That Peter E. Love, Master, William A. Ivey, Senior Warden, and Thomas Barrett, Junior Warden, the officers of said Lodge, be and they and their successors in office are hereby [Illegible Text] capable in law of suing and being [Illegible Text], having a common seal, purchasing property and selling the same, making by-laws for their government not inconsistent with or repugnant to the constitution and laws of this State or the United States and doing all other things which bodies corporate may in law do, connected with the objects of their association. SECTION 3. 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. Approved, December 18, 1849. AN ACT to prevent Lumber Measurers from being Clerks or Agents of Lumber buyers or Lumber Mills, and to define

Page 307

the mode of measuring stocks of hewn or ranging timber. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, no lumber measurer hereafter appointed either by the General Assembly or by the corporate authorities of any town or city of this State, shall, during the term of his office, become the Clerk or Agent of any lumber buyer, or the Clerk or Agent of any lumber mill of this State; and should any lumber measurer be guilty of a violation of the foregoing provisions of this act, he shall be guilty of a high misdemeanor, and upon conviction shall be imprisoned in the Penitentiary of this State for the term not less than one year nor longer than three years. SECTION 2. And be it further enacted, That hereafter all lumber measurers shall measure the entire stock of timber brought to them for measurement, including the sap and wain edge, pin holes and rot, and shall report a full and accurate account of the same to both the buyer and the seller; and should any lumber measurer [Illegible Text] the foregoing provisions in this section, he shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine or imprisonment in the common jail of the county, at the discretion of the Court. Approved, February 8, 1850. AN ACT to authorize Mrs. Elizabeth Montfort to erect a mill-dam across Flint river, in the county of Crawford, upon certain conditions. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, Mrs. Elizabeth Montfort be and she is hereby authorized to erect a mill-dam across Flint river, upon her own land, in the county of Crawford: Provided always, that said mill dam shall be so [Illegible Text] that thirty feet in the middle of the same shall be kept open, or [Illegible Text] so for the free passage of fish during the months of February, March and April. SEC. 2. And be it further enacted, That Jesse Cason, [Illegible Text] McCrary, senior, be and they are hereby appointed Commissioners to examine the aforesaid mill-dam, and if the same shall be so constructed as to prevent the free passage of fish up and down said river, through the aforesaid thirty feet, to be kept open as aforesaid, and during said months, they shall notify the said Elizabeth Montfort thereof, and if

Page 308

she shall fail, in a reasonable time after such notice, to open said mill-dam as above provided, she shall be liable to pay to any person or persons injured thereby, the sum of ten dollars per day until she shall open the same, as required above, to be recovered of her in any court of law of this State having competent jurisdiction thereof. Approved, December 14, 1849. AN ACT to authorize Cornelius D. Terhune to erect a dam across the Etowah river, on his own land. in the county of Cass. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, Cornelius D. Terhune be and he is hereby authorized to erect and construct a dam across the Etowah river, on his own land in the county of Cass: Provided, that in the construction thereof, he so arranges the said dam that boats may pass over the same. SECTION 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws [Illegible Text] against this act, be and the same are hereby repealed. Approved, February 11, 1850. AN ACT to authorize Minor W. Brown of Forsyth county, Georgia, Benjamin G. McClesky, of the county of Hall. each to erect a mill-dam across the Chattahoochee river. on their own lands; also, Cornelius D. [Illegible Text], of the county of Cass, to erect a dam across the Hightower river. on his own land. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Minor W. [Illegible Text] be and he is hereby authorized to erect and keep a mill [Illegible Text] across the Chattahoochee river on his own land in the counties of Forsyth and Hall. SECTION 2. And be it further enacted by the authority aforesaid, That Benjamin G. McClesky be and he is hereby authorized to [Illegible Text] and keep up a mill-dam across the Chattahoochee river on his own land in the county of Hall. SECTION 3. And be it further enacted by the authority aforesaid, That [Illegible Text] D. [Illegible Text] of the [county] of Cass be and he is hereby authorized to construct and keep up a dam across the Hightower river on his own land in said county. SECTION 4. All laws and parts of laws militating against this act be and the same are hereby repealed. Approved, February 21, 1850.

Page 309

AN ACT to authorize James J. Logan to build and keep up a mill-dam across Notley river, in 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 James J. Logan be and he is hereby authorized to build and keep up a mill dam across Notley river, on his own land, in the county of Union: Provided, that said mill-dam does not back water upon the land of any other person to the injury thereof. SECTION 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. Approved, January 18, 1850. AN ACT to authorize Johnson Garwood to construct a dam across the Chattahoochee river on his own land. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Johnson Garwood be and he is hereby authorized to construct a dam across the Chattahoochee river, at or near the Island Ford of said river, on his own land in the counties of DeKalb and Cobb. Approved, February 21, 1850. AN ACT to authorize Hardy Pace and [Illegible Text] H. Randall to build a mill-dam across the Chattahoochee river on their own land in the counties of Cobb and DeKalb. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That [Illegible Text] Pace and Pinckney H. [Illegible Text] be and they are hereby authorized to build and keep up a mill-dam across said river on lots of land Nos. 214 in the 17th district DeKalb county, and No. 1025 in the 17th district and 2d section Cobb county. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 1, 1850.

Page 310

AN ACT to incorporate a volunteer company of Cavalry in the county of Cass to be known by the name and style of the Knights Centicollum, and to grant them certain privileges and exemptions, and to authorize the Governor to furnish them with arms 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, so soon as any number of the citizens of the county of Cass being able to do militia duty shall associate themselves to the number of forty or more, first having chosen their officers and notified the commanding officer of the regiment to which they are liable to perform militia duty that it is their desire to form a volunteer company, it shall be the duty of the commanding officer to transmi; to his Excellency the Governor the number of men composing said company together with the names of the persons chosen as officers to command the volunteer company of cavalry for said county, to be known by the name and style of the Knights Ceaticollum, and by and under that name to be vested with all corporate powers to pass all by-laws, rules and regulations for the government of said company not in opposition to the constitution of this State or the laws thereof. SECTION 2. That a board consisting of three persons chosen by said company according to their by-laws shall be competent to [Illegible Text] a court and try and fine defaulters for non-attendance, or their [Illegible Text] and misconduct as members of said company, which court shall be governed by the by-laws made by said company for its government. SECTION 3. That so long as said company shall have the aforesaid number of members in uniform they shall be exempt from all patrol duty, except in case of invasion or war. SECTION 4. That the members of the Knights Centicollum who shall continue as members of said company for the period of ten years, shall after that time be exempt as specified in the third section of this act. SECTION 5. That his [Illegible Text] the Governor shall be authorized and required to [Illegible Text] forthwith each member of the Knights [Illegible Text] with a sword, holster, and brace of [Illegible Text] upon the application of the commanding officer of said company and [Illegible Text] a bond with good and sufficient security to the Governor of this State and his [Illegible Text] in office, conditions to be forfeited if on the dissolution of said corps the [Illegible Text] or his successors shall fail to deliver said arms on the requisition of the Governor. SECTION 6. That this act shall not authorize his [Illegible Text] the Governor to purchase or [Illegible Text] to said [Illegible Text] any arms unless they are on hand and belong to the State.

Page 311

SECTION 7. That said company shall enforce and exercise the corporate powers and privileges with which it shall be vested by virtue of this act as long as said company shall contain forty members in uniform. Approved, February 5, 1850. AN ACT to incorporate the Lumpkin Guard, and to extend to them certain privileges. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the military association now existing in the town of Lumpkin, Stewart county, under the name of the Lumpkin Guard, an infantry corps, be and the same is hereby incorporated and made a body politic and corporate by the above name, and that by that name the said association be and is hereby made capable in law to sue and be sued, plead and be [Illegible Text], to have a common seal, and to hold such property real and personal, whether obtained by gift or purchase, as may be deemed necessary or convenient for the purposes of said association, with authority to establish any by-laws which shall not infringe the laws of this State or the United States. SECTION 2. And be it further enacted, That the officers of said corporation shall be a President and Secretary, and that the commanding officer of the said association shall be by virtue of his office the President of said corporation, and that all acts performed by him in behalf of said association which he may lawfully perform as President of said corporation shall be good and valid in any court of law or equity in this State: Provided, that all contracts in writing shall be, in addition to the signature of the President, countersigned by the Secretary. SECTION 3. And be it further enacted, That the officers and members of said association are hereby declared to be exempted from all patrol and militia duty, so long as they faithfully continue in the service of said corps and do and discharge all the duties required of them as members thereof: Provided, that nothing in this act contained shall be so construed as to exempt said association from the liability of other militia in this State on any emergency which authorizes calling out the militia for the suppression of insurrections or repelling invasions. SECTION 4. And be it further enacted, That the Governor be and he is hereby authorized to furnish said [Illegible Text] with [Illegible Text] [Illegible Text] and [Illegible Text]any law to the contrary [Illegible Text].

Page 312

SECTION 5. And be it further [Illegible Text], That all laws and parts of [Illegible Text] [Illegible Text] against this act, be and the same are hereby repeated. Approved, February 21, 1850. AN ACT to alter and amend the first and repeal the fourth section of an act entitled an act to grant certain privileges and immunities to the Jefferson Riflemen, a volunteer infantry corps in the county of Jefferson. SECTION 1. Be it enacted by the Senate and House of Representatires of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the following shall be in lieu of the first section of the above recited act: That all persons [Illegible Text] as members of the Jefferson Riflemen, a volunteer Rifle corps in the county of Jefferson, or who may hereafter enrol themselves as members thereof, shall and they are hereby declared to be exempt from militia duty excepting what may be required of them as members thereof, and from all patrol duty, so long as they faithfully continue in the service of said corps, and do and discharge all the duties required of them as members thereof, excepting in times of [Illegible Text] [Illegible Text] or actual war. SECTION 2. And be it further enacted, That the fourth section of said act be and the same is hereby repealed. Approved, February 21, 1850. AN ACT to incorporate the LaGrange Riflemen in the county of Troup, and to give them certain privileges and exemptions. SECTION 1. Be it enacted by the Senate and House of [Illegible Text] of the State of Georgia in General Assembly met, and it is hereby [Illegible Text] by the authority aforesaid, That the LaGrange Riflemen in the county of Troup be invested with corporate powers to pass all by-laws, rules and regulations for the government of said company, not repugnant to the constitution and laws of this State; that a board of the officers of said company, or three or more of them, two of whom to be commissioned officers, shall be competent to form and hold a court of enquiry to try and fine defaulters for non-attendance or other viclations of the by-laws of said company, and that said court of inquiry shall be governed by the laws and regulations governing courts of enquiry in this State.

Page 313

SECTION 2. Be it further enacted, That all persons enrolled as members of said company, or who may hereafter enrol themselves as members thereof, shall be exempt from all patrol and militia duty, except such militia duty as shall be required of them as members of said company, and also except in times of insurrection, invasion, rebellion and war; these exemptions however all to continue no longer than during membership in said company, and that a certificate of the commanding officer of said corps shall be sufficient evidence of membership in said company and to exempt said members thereof from militia and patrol duties as aforesaid. SECTION 3. Be it further enacted, That all members of said company who shall remain members thereof for the term of six years shall after that time be exempt from militia duty entirely, except in case of invasion or warany law or usage to the contrary notwithstanding. Approved, February 1, 1850. AN ACT to repeal an act entitled an act to alter the militia laws of this State so far as relates to the 23d and 27th Regiments in the county of Franklin, assented to 24th December, [Illegible Text]. SECTION 1. Be it enacted by the Senate and House of Representatires of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the above recited act passed on the 24th December, 1840, be and the same is hereby repealed. SECTION 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. Approved, February 11, 1850. AN ACT to change and define the mode of electing field and company officers under the milita laws of this State. SECTION 1. Be it enacted by the Senate and House of Representatires of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act whenever any vacancy shall happen by the death, resignation, or otherwise of any officer commanding in any regiment, battalion, or company district, or where any new created [Illegible Text], battalion, or company district shall require officers, such officers in either case shall be elected by the citizens liable to bear arms, who shall become subject to the command of such officer when elected, under the following rules and restrictions, to-wit:

Page 314

Whenever it shall become necessary in either case before stated to elect any commanding officer for a regiment, battalion, or company district, the same shall be ordered and advertised by the officer next higher in command to the officer to be elected; that is to say, elections for Colonel to command any regiment shall be advertised by the Brigadier General; for a Major, by the Colonel commanding the regiment; for a Captain, by the Major in command of the battalion; and for subaltern officers by the Captain commanding the company, and in default of such Captain, by the Major commanding the battalion; which said election shall be advertised in either case for the same time and be held in the same places as now established by law; and the said elections in either case shall be managed and superintended by one Justice of the Inferior Court, or Justice of the Peace, and two freeholders, or two of the aforesaid Justices and one freeholder; and the said elections shall be certified and returns thereof made by the superintendents provided by this act, in the same manner as heretofore done by the former superintendents of such elections in this State. SECTION 2. 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. Approved, February 11, 1850. AN ACT to repeal an act entitled an act to amend an act entitled an act to amend the Militia laws of this State so far as it relates to the first Regiment of Georgia Militia, assented to the 21st December, 1835, and also to restrict the Majors commanding the third and fourth battalions composing the thirty-fifth Regiment of Georgia Militia to one [Illegible Text] each in the year, and to authorize the said thirty-fifth Regiment to have and to hold a military [Illegible Text] for two successive days 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 immediately after the passage of this act, the above recited act be and the same is hereby repealed: Provided, that nothing in this act shall be so construed as to deny to the officers, field, company and staff, of the 35th Regiment the same privileges and exemptions as is now enjoyed by the officers of the 1st Regiment, G. M. SECTION 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. Approved, February 11, 1850.

Page 315

AN ACT to exempt the Upson Light Dragoons from Patrol duty, and to exempt certain volunteers from Militia duty. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, each and every member of the company of cavalry in Upson county, known by the name and style of the Upson Light Dragoons, be and the same are hereby exempt from the performance of Patrol duty, so long as he or they continue to perform faithfully all the duties required by the officers of said company. SECTION 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. Approved, February 8, 1850. AN ACT to organize a volunteer company of mounted infantry in the county of Habersham, to be attached to the 44th Regiment, Georgia Militia. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after this act shall go into operation, it shall be lawful for there to be one volunteer company organized under the name and style of the Habersham Volunteer Mountain Mounted Infantry, attached to the 44th Regiment, Georgia Militia. SECTION 2. And be it further enacted, That so soon as forty privates shall be uniformed in said company, that then and in that case it shall be the duty of the Colonel commanding the 44th Regiment, Georgia Militia, to order an election to be held at the Regimental Muster Ground, for a Captain, and first, second and third Lieutenants to command said company. SECTION 3. And be it further enacted, That so soon as said company shall be organized and the election returns forwarded on, it shall be the duty of his Excellency the Governor to commission such officers as he may deem [Illegible Text] elected for and during their residence in the limits of said company, or in the above stated 44th Regiment. SECTION 4. And be it further enacted, That so soon as said officers are commissioned, they shall be under the same rules, regulations and restrictions as other commissioned officers of the same grade in the militia of the State, and all non-commissioned officers and privates shall be liable to the same [Illegible Text] and forfeitures for neglect of duty or for any other

Page 316

misconduct, as other officers or privates of the militia, to be adjudged of by the commissioned officers commanding said company whilst sitting as a court of inquiry. SECTION 5. And be it further enacted, That said company shall remain and be known under the name and style as above stated, so long as they contain forty privates in uniform, and a requisite number of commissioned and noncommissioned officers to command the sameany law, usage or custom to the contrary notwithstanding. Approved, January 18, 1850. AN ACT to incorporate a volunteer company of infantry at Dahlonega, in the county of Lumpkin, to be known by the name and style of the Dahlonega Blues, to attach them to the 79th Regiment, Georgia Militia, and to authorize the Governor to furnish them with certain arms 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, so soon as any [Illegible Text] of the citizens of Lumpkin county, able to [Illegible Text] militia duty, shall associate themselves together to the number of forty or more, and shall choose their officers and uniform themselves, and give notice to the commanding officer of the 79th Regiment, G. M., to which Regiment they shall be attached, that it is their desire to form a volunteer company, it shall be the duty of the officer in command of said Regiment to transmit to his Excellency the Governor the number of men composing said company, together with the names of the persons chosen as officers to command the volunteer company of infantry, to be known by the name and style of the Dahlonega Blues, and it shall be the duty of the Governor to cause commissions to issue to said officers. SECTION 2. And be it further enacted, That so soon as said company shall be uniformed and commissioned, his [Illegible Text] the Governor is hereby authorized and required to furnish forthwith to each member of the [Illegible Text] Blues a musket and [Illegible Text], a [Illegible Text] for bayonet, and a fatigue cartridge box, upon the application of the officers commanding said company, and tendering a bond with good and sufficient security to the Governor and his successors, [Illegible Text] [Illegible Text] be forfeited, if at the dissolution of said company the said commanding officers of said company, or their successors, shall fail [Illegible Text] deliver said arms back to the Governor or his said successors. SECTION 3. And be it further enacted, That the Dahlonega

Page 317

Blues shall be vested with all corporate powers to pass all by-laws, rules and regulations for the government of said company, not contrary to the constitution of this State or the laws thereof. SECTION 4. And be it further enacted, That so long as the said company shall contain the aforesaid, or more, number of members in uniform, they shall be exempt from all other militia duty, except company musters and their regimental parades and reviews, except in cases of invasion, rebellion, insurrection or warany law to the contrary notwithstanding. Approved, February 14, 1850. AN ACT to incorporate the Georgia Constitutional Guards, a cavalry company of the county of Troup, the Sumter Cavalry of the county of Sumter, the volunteer corps of Dragoons of the county of Houston, and the Marion Blues, an infantry company of the county of Marion, and Scriven Troup, a volunteer cavalry company of the county of Scriven; to grant certain privileges and exemptions 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 passage of this act, the Georgia Constitutional Guards, a cavalry company of the county of Troup, the Sumter Cavalry of the county of Sumter, the volunteer corps of Dragoons of the county of Houston, and the Marion Blues, an infantry company of the county of Marion, their officers and members now existing, or which may hereafter exist as officers or members of each respectively, are hereby made and declared to be bodies corporate and politic under their names and style above expressed, and in their corporate capacities shall have power to sue and be sued, plead and be impleaded, and to make all by laws and regulations for their own government that they may deem necessary: Provided, they be not repugnant to the constitution or contrary to the laws of this State; and by their commanding officers they are hereby authorized to constitute and hold courts of inquiry, to enforce said by-laws and regulations, and punish delinquents: Provided, said courts of inquiry shall always be governed by the rules and regulations of other courts of inquiry of this State. SECTION 2. And be it further enacted, That the members of said several corps be and they are hereby exempt from patrol and militia duty in their respective counties other than that required of them as members of said companies, and that after ten years service as members of their respective

Page 318

corps, they are hereby declared exempt from all militia duty forever, except in cases of insurrection, invasion, [Illegible Text] or war. SECTION 3. And be it further enacted, That before the respective corps above mentioned shall be entitled to the benefits of the provisions of this act, it shall be the duty of their several commanding officers to furnish to the Clerk of the Inferior and Superior Courts of their respective counties a list of all the members of their several companies, with their certificate of their membership; which certificate shall be held sufficient to entitle the individual thus designated to all the immunities and privileges of the several sections of this act; and the captains of the several companies shall also return to the Clerks of the Superior and Inferior Courts the name of any member who may have been expelled, or who may have withdrawn from their respective companies, within one month after such withdrawal or expulsion, and the member thus withdrawn or expelled, unless he shall have served ten years in his company, shall forfeit all claim to the immunities and privileges of this act. SECTION 4. And be it further enacted, That his Excellency the Governor be and he is hereby authorized, upon a requisition made and the necessary security being given by its officers, to furnish the Houston corps of Dragoons with such [Illegible Text] as they may require for their proper equipment. SECTION 5. And be it further enacted, That the Scriven Troop, a volunteer cavalry corps of the county of Scriven, be and it is hereby declared to be entitled to all the privileges and immunities of the first three sections of this act, and subject to the regulations and requirements therein contained. Approved, February 6, 1850. AN ACT to repeal so much of the act entitled an act to grant certain privileges and immunities to the Hancock Guards, a volunteer company in the county of Hancock, and to the Harris county Cavalry, a [Illegible Text] company in the county of Harris, as relates to the Harris county Cavalry. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text], and it is hereby enacted by the authority of the [Illegible Text], That from and after the passage of this act, the above [Illegible Text] act be and the same is hereby repealed, so far as it relates to the Harris county Cavalry. Approved, January 26, 1850.

Page 319

AN ACT to grant certain privileges to the Burke Guards, a volunteer infantry corps in the county of Burke, and to the second division of the Independent Fire Company 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 after the passage of this act, that all persons enrolled as members of the Burke Guards, or who may hereafter enrol themselves as members thereof, shall be permitted to have and enjoy the same rights, privileges and immunities that have been extended to the Hancock Guards, a volunteer company in the county of Hancock, and the Harris county Cavalry in the county of Harris, by an act approved 28th day of December, 1847. SECTION 2. And be it further enacted, That the officers and other members of the second division of the Independent Fire Company of Augusta, not exceeding forty in number, shall be and they are hereby exempted from ordinary militia duty, and jury duty in all the courts of Richmond county and city of Augusta. SECTION 3. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. Approved, January 18, 1850. AN ACT to consolidate the fourteenth and fifteenth Regiments, G. M., of the county of Hancock. SECTION 1. Be it enacted by the Senate and 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 fourteenth and fifteenth Regiments, G. M., of the county of Hancock be and they are hereby consolidated and made one, to be called and known as the fourteenth Regiment G. M. Approved, February 22, 1850. AN ACT to incorporate a company of cavalry in the county of Walton, to be known under the name of the Georgia State Guards; also, a volunteer rifle company in said county, known as the Walton [Illegible Text] Company, and to grant them certain privileges and exemptions. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

Page 320

and it is hereby enacted by the authority of the same, That from and after the passage of this act, the members of the volunteer [Illegible Text] company, known as the Georgia State Guards, and the members of the rifle company known as the Walton Rifle Company, both in the county of Walton, shall be and are hereby incorporated under the respective names aforesaid, and shall be authorized to make and enforce all such rules, regulations and by-laws for their government as they may think proper, which shall be binding on said respective companies to all intents and purposes: Provided, such rules, regulations and by-laws be not repugnant to the constitution and laws of this State or of the United States. SECTION 2. And be it further enacted by the authority aforesaid, That a board of officers of said respective companies, consisting of three or more, two of whom shall be commissioned officers, shall be competent to form a court of inquiry, and fine delinquents for non-attendance, or other default or misconduct as members of said companies, which courts shall be governed by the laws and rules regulating company courts of inquiry in this State. SECTION 3. And be it further enacted by the authority aforesaid, That all persons enrolled as members of said companies, or who may hereafter enrol themselves as members thereof, shall be exempted from all militia duty, excepting such duties as may be required of them as members of said companies: Provided, That said exceptions shall not exonerate the members of said companies from drills and inspections which may be ordered by the commander-in-chief as required by law, nor during times of invasion, [Illegible Text] or war. SECTION 4. And be it further enacted by the authority aforesaid, That the names of the officers commanding the Georgia State Guards be transmitted to his Excellency the Governor, who is hereby authorized and requested to grant commissions to the same. SECTION 5. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 11, 1850. AN ACT so far as relates to the collection of fines by the [Illegible Text] Marshal of the 1st Regiment Georgia Militia. Be it enacted by the Senate and House of 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

Page 321

duty of the Provost Marshal of the 1st Regiment Georgia Militia to pay over to the treasurers of the respective companies composing this regiment all fines as he may collect from the members of such corps for non-attendance at regimental parades. Approved, February 23, 1850. AN ACT to change the names and legitimatize the persons therein named, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this law, that the name of Jackson Futch, of Fayette county, be changed to that of Jackson Peters, his reputed father, and entitled to all the rights and privileges he would have enjoyed had [Illegible Text] been born in lawful wedlock; and that the name of Nancy Elizabeth Luker and John T. Luker, of the county of Wilkes, be changed to that of Nancy Elizabeth Hugerley and John T. Hugerley, and that they are hereby declared to be fully and completely legitimatized as the children of John T. Hugerley of said county, their reputed father, and they are hereby made capable of inheriting any real or personal estate from their said reputed father, John T. Hugerley, according to the statutes of distribution of this State; and that the name of William Pearce of the county of Cobb be changed to that of William Gault, his reputed father, and that he be declared fully legitimatized and entitled to all the legal rights and privileges he would have enjoyed had [Illegible Text] been born in lawful wedlock. SECTION 2. And be it further enacted, That the name of William Bridges, of the county of Elbert, be changed to that of James Dooly, and he is hereby declared legitimate and capable of taking, receiving and inheriting the estate, real and personal, of his reputed father, Barnabas J. Dooly, of said county; and that the name of Harriet Elizabeth McLeroy, Nathan Patrick McLeroy, and Mary Catherine McLeroy, of Harris county, be changed to that of [Illegible Text] Elizabeth Welden, Nathan Patrick Welden, and Mary Catherine Welden, and they are hereby declared to be fully and completely legitimatized, and have and enjoy all the legal rights and privileges they would have had if born in lawful wedlock, and to become fully capable of inheriting their portions as heirs at law of all the property, real and personal, of Robert Welden, of Harris county, their reputed father; and that the name of Sarah Jane Juner and Elisha Juner, of Henry county, be changed to that of Sarah Jane Cox and

Page 322

Elisha Cox, and that the said Sarah [Illegible Text] and Elisha Cox be and they are hereby fully legitimatized and made capable of inheriting the estate, both real and personal, of John M. Cox, their reputed father. SECTION 3. And be it further enacted, That the name of Sterling C. Waters, of Pike county, be changed to that of Sterling C. Pritchard. SECTION 4. And be it further enacted, That the name of Thomas Marion Williams, James Williams, and Anna Williams, of the county of Rabun, be and they are hereby changed to that of Thomas Marion Arnold, James Arnold, and Anna Arnold, and that they be fully legitimatized and made heirs at law, and entitled to all the rights and privileges they would have enjoyed had they been born in lawful [Illegible Text], and that they be made capable of inheriting the estate, both real and personal, of Thomas Arnold, their reputed father. SECTION 5. And be it further enacted, That the name of John T. Edmondson, of Habersham county, be changed to that of John T. Carter, jr, and he is hereby declared to be fully [Illegible Text], and made capable of [Illegible Text] the estate, both [Illegible Text] and personal, of his reputed father, John T. Carter, sr.; and that the name of Mary Ann Oliver, William J. Oliver, [Illegible Text] Oliver, Georgiana McDonald, and Margaret McDonald, be and the same are hereby changed to that of Mary Ann Mosely, William J. Mosely, Amantha Mosely, Georgiana Mosely, and Margaret Mosely, and that they be fully legitimatized and entitled as heirs at law to inherit the real and personal estate of their reputed father, Cuyler P. Mosely, of Montgomery. SECTION 6. And be it further enacted, That the name of [Illegible Text] Martha Virginia Few, of the county of Morgan, shall be [Illegible Text] to that of Margaret Martha Virginia Head, and she is hereby fully legitimatized and made capable of [Illegible Text] all manner of property by virtue of the statutes of distribution of this State, so far as relates to the real and personal estate of Marshall Head, of Morgan county, her [Illegible Text] father; and that the name of John J. Perkins, of the county of Taliaferro, be changed to that of John J. [Illegible Text] Romulus Leary, of the same county, to that of [Illegible Text] [Illegible Text]; and William Capers Day, of the county of [Illegible Text], be changed to that of William Capers Rhodes, and that the said William Capers Rhodes be and he is hereby [Illegible Text] and made capable in law of inheriting the estate, both real and personal, of his reputed father, Archibald S. W. Rhodes; and that the name of John Nelson Laney, of the county of Cobb, be changed to John Nelson Henderson. SECTION 7. And be it further enacted, That the name of Naney Elizabeth Cobb, of the county of Appling, be changed to that of Nancy Elizabeth Bowen, and that she shall be

Page 323

considered as a legal heir at law of Lorenzo Dow Bowen, her reputed father, and that she be as fully legitimatized as if she had been born in lawful wedlock. SECTION 8. And be it further enacted, That the name of [Illegible Text] E. Morris, of Cobb county, be declared and held to be by that name, and not that of Joel E. Devenport, and that he be fully legitimatized and made capable in law to receive, inherit and enjoy a distributive share of the real and personal estate of Drury Morris, his reputed father; and that the name of John Steila Stone be changed to that of John Steila Fountain, and he is hereby fully legitamatized as the child of Jonathan Fountain, of Irwin county, his reputed father, and that he be fully capable of holding, inheriting and enjoying a distributive share of the real and personal property of said Jonathan Fountain; and that the name of William Wesley Walker, of Ware county, to that of William Wesley Cason, and he is hereby constituted a legal heir at law of Hillary Cason as if he had been born in lawful wedlock; and that the name of John Strickland be changed to that of John Myers, and the name of James Ryals to that of James Strickland, all of the county of Wayne. SECTION 9. And be it further enacted, That the name of John Erwin Butler, of the county of Baldwin, be changed to that of John Josiah Wooten, and that he be fully capable of taking, receiving and inheriting the estate, real and personal, of his reputed father, Josiah M. Wooten, of said county, according to the statute of distrubution of this State, as fully as if he had been born in lawful wedlock; and that the name of John Hobbs, of the county of Crawford, be changed to that of John Newson; and that the name of Eliza C. Lane, of Newton county, be changed to that of Eliza C. Jennings; and that the name of Jane Maria Collens, of Tattnall county, be and she is hereby legitimatized, and shall henceforward be known as the legitimate child of Lewis Cobb, her reputed father, and fully capable of inheriting the real and personal estate of said Lewis Cobb; and that the name of Hackley Butler, of Jackson county, be changed to that of General Butler; and that the name of Seaborn Key and Enos Key, of the county of Burke, be changed to that of Seaborn Sapp and Enos Sapp, and that they be fully [Illegible Text] and regarded as the legitimate children of Isaiah Sapp, their reputed father, and are hereby declared capable of inheriting real and personal estate as perfectly as if they had been born in lawful wedlock; and that America Adalaide Rebecca Gordon be and she is hereby declared fully and completely made capable of inheriting real and personal estate of Daniel L. Gordon, of Henry county; and that the name of Fanny Franklin Ford, Nelly Overtaker Ford, Frederick Clopton Ford, Hance Stephens Ford, and Ramath Rice Ford, be and they are hereby

Page 324

by changed to that of Fanny Franklin Hargrave, Nelly Overtaker Hargrave, Frederick Clopton Hargrave, Hance Stephens Hargrave, and Ramath Rice Hargrave, and that they be and are [Illegible Text] declared legitimatized and made capable in law of inheriting real and personal estate as the legitimate children of Bright W. Hargrave, of Carroll county, their reputed father; and that the name of Thomas Henry Davis, of Crawford county, be changed to that of Thomas Henry Turner, and he is hereby declared legitimatized and made capable of inheriting real and personal estate as fully as if he had been born in lawful wedlock as the legitimate child of Gregory J. Turner, his reputed father; and that the name of James J. McCrane, of the county of Crawford, be and it is hereby changed to that of James J. Copeland. SECTION 10. And be it further enacted, That the name of John Henry Kimbrough be and it is hereby changed to that of John Henry Thompson; and that the name of Gardner Coker, of Twiggs county, be changed to that of Gardner Jackson, and he is hereby declared legitimatized and made capable in law of inheriting real and personal estate as fully as if he had been born in lawful wedlock. And whereas James Huckaby, of Hall county, has applied to the General Assembly to make William Hadaway, his step-son, his heir at law, and to change the name of [Illegible Text] William: Be it further enacted, That the name of said William Hadaway be changed to that of William Huckaby, and he is hereby made an heir at law of said James, and capable of inheriting from said James, as if he were his own son begotten in lawful wedlock; and that the name of Benjamin Stringfellow, of the county of Muscogee, a minor under twenty-one years of age, be and the same is hereby changed to that of Alexander Robison Wilkins, and he is hereby adopted and constituted as the lawful child of Francis G. Wilkins and Pamela P. Wilkins, and made able and capable in law to inherit all real and personal estate from the said Francis G. and his wife Pamela P., and from the survivor of them, according to the laws of descents in this State, in as full and ample manner as though he was their lawful heir, and the said Francis G. Wilkins is hereby vested with full powers of guardianship over the person of the said Alexander Robison Wilkins, until he arrives at full age. SECTION 11. And be it further enacted, That the name of Joseph [Illegible Text] and Moses Rosengaiten, of the county of Muscogee, be and they are hereby changed to that of Joseph Rose and Moses Rose, and that said change of names shall not be so construed as to deprive said persons of any rights they now have or that might hereafter accrue to them as if no change had been made, nor shall they be released from any civil liability [Illegible Text] contracted and now existing, by reason of said change.

Page 325

SECTION 12. And be it further enacted, That the name of Malissa Vivans Huffner, of Rabun county, be changed to to that of Malissa Vivans Cannon, and that she be fully legitimatized and made capable of inheriting real and personal estate, and entitled to all the rights enjoyed by the other children of Horace W. Cannon, her reputed father. And be it further enacted, That the name of Clara Jane Williams be changed to that of Clara Jane Sullivan, and that the name of Clinton Williams be changed to that of Clinton Sullivan, and they are hereby made legitimate heirs of their reputed father, Reason Sullivan, of Muscogee county; and that the names of Lucy Jane Cawley, Thomas J. Cawley, and Henry H. Cawley, of the county of Clarke, be changed to that of Lucy Jane Dicken, Thomas J. Dicken, and Henry H. Dicken, and that they, together with their sister Elizabeth S. Montgomery, the wife of Thomas Mongomery, of said county, be and the same are hereby declared to be fully and completely legitimatized as the children of Richard Dicken, of said county, their reputed father; and that the name of William A. Waggoner, of Hancock county, be changed to that of William A. Waller, and that he be fully and completely legitimatized, and made capable of inheriting the real and personal estate of John T. Waller, of said county, his reputed father; and that the name of Milred [Illegible Text] Hicks be changed to that of Milred Cherokee Hargrove, and that she be and is hereby declared fully legitimatized and made capable of inheriting real and personal estate as effectually as if she had been born in lawful wedlock, as the legitimate child of her reputed father, K. W. Hargrove, of Murray county. SECTION 13. And be it further enacted, That the names of William, Thomas, Amanda, Lucinda J., Beniah S. and Sarah J. Waters, of the county of Jefferson, be changed to that of William, Thomas, Amanda, Lucinda J., Beniah S. and Sarah J. Moore, that as such they shall be known and called in law, and that they are hereby declared to be fully and completely legitimatized and entitled to all the rights and privileges that they would have been had they been born in lawful wedlock, and be capable of taking and inheriting all manner of property, so far as relates to the estate, both real and personal, of their reputed father, William Moore of the county of Jefferson. SECTION 14. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 16, 1850. AN ACT to change the name of William Capers Day, of Greene county, that of William Capers Rhodes, and to

Page 326

legitimate the same; also to change the name of Moses Kitchens and Joanna Kitchens of Warren county to that of Moses Neal and Joanna Neal, and to legitimate [Illegible Text]. WHEREAS Archibald S. W. Rhodes, the reputed father of William Capers Day, is desirous of changing the name of said William Capers Day to that of William Capers Rhodes, and to [Illegible Text] the same; and whereas Harrel Neal, the reputed father of Moses Kitchens and Joanna Kitchens, is [Illegible Text] of changing the names of said Moses Kitchens and Joanna Kitchens to that of Moses Neal and Joanna Neal, and to legitimate 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 the name of William Capers Day, of Greene county, be changed to the name of William Capers Rhodes, and that he be legitimated and known as the legitimate child of Archibald S. W. Rhodes, of Taliaferro county, his reputed father, and as such that he be capable in law of inberiting any property of said Archibald S. W. Rhodes as fully as if he had been born in [Illegible Text] wedlock. SECTION 2. And be it further enacted by authority of the same, That the names of [Illegible Text] Kitchens and Joanna Kitchens, of the county of [Illegible Text], be changed to that of Moses Neal and Joanna Neal, and that they be legitimated and known as the legitimate children of Harrel Neal, of Warren county, their reputed father, and as such that they be capable in law of inheriting any property of said Harrel Neal as fully as if they [Illegible Text] been born in lawful wedlock. SECTION 3. And be it further enacted, That all laws and parts of [Illegible Text] militating against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to change the name of Malinda Jane Reaves, a [Illegible Text] [Illegible Text] of Troup county, to Malinda Jane Yarbrough, and for other purposes therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and [Illegible Text] after the passage of this act, the name of Malinda Jane Reaves, a female [Illegible Text] of the county of Troup, be and is hereby changed to Malinda Jane Yarbrough; and [Illegible Text] James W. Yarbrough of said county of Troup, being childless and desirous of adopting the said

Page 327

Malinda Jane Reaves as his daughter, and making her capable of inheriting from him as his legal own child according to the statute of distribution of this State; and whereas the said Malinda Jane Reaves is of tender years and quite an infant, destitute, without father or mother, and incapable of taking care of herself: SECTION 2. Be it therefore enacted by authority aforesaid, That from and immediately after the passage of this [Illegible Text], the said Malinda Jane Reaves be and is hereby adopted as the child of the said James W. Yarbrough, to all legal intents and purposes, that she shall be fully capable of taking, receiving and inheriting the estate both real and personal of the said James W. Yarbrough according to the statute of distribution of this State, and the said James W. Yarbrough shall have and be entitled to the control, management and guardianship of the said Malinda Jane Reaves as fully as if she was his real and legitimate child. Approved, January 26, 1850. AN ACT to change the names and legitimatize the individuals herein named. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the name of John A. Roland, James B. Roland and [Illegible Text] C. Roland are hereby changed to that of John A. Moore, James B. Moore and Manning C. Moore, and that they be legitimatized and declared capable in law of inheriting both real and personal property from their reputed father, Manning Moore, as fully and effectually as if they had been born in lawful wedlock; and that the name of Basti F. [Illegible Text] [Illegible Text] changed to that of Basti F. Sims, and legitimatize the same; and that the name of Silvia Isabel Bryant, of Carroll county, be changed to Silvia Isabel Dean; and that the name of John B. Roberts, of Dade county, be changed to that of John B. [Illegible Text]; and that the name of John Thomas Williams be changed to that of John Thomas Gilbert, and that he be [Illegible Text] and completely legitimatized and made capable of inheriting both real and personal property of his reputed father, John Greene [Illegible Text] of Dooly county,; and that the name of Mary McGee, of Lee county, be changed to that of Mary Denton, and that she be fully legitimatized and made capable of inheriting the [Illegible Text] of [Illegible Text] Denton, her reputed father; and that the name of William Green, of Campbell county, be changed to that of [Illegible Text] Green; and that the name of [Illegible Text] Miram Owen, of the county of Walker, be changed

Page 328

to that of Martha Miram Jackson, and made capable of inheriting both real and personal property of James Jackson, her adopted father. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 22, 1850. AN ACT to alter and change the name of Mathew Richardson Brown to that of Mathew Downer, and to make him a legal heir. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that the name of Mathew Richardson Brown, of the county of Muscogee, be and the same is changed to that of Mathew Downer, and that he be entitled to all rights and privileges that he would have been entitled to had he been born the son of said Joseph Downer of the county of Muscogee, and be made capable by this act of taking, receiving, and inheriting all manner of property under the statute of distributions of this State, so far as relates to the estate of said Joseph Downer of the county of Muscogee. All laws and parts of laws militating against this act be and the same is hereby repealed. Approved, February 23, 1850. AN ACT to change the names and legitimatize certain children therein named. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act the names of Benjamin Franklin Hammon and Georgia Ann Hammon, of the county of Early, are hereby changed to the names of [Illegible Text] Franklin Mereier and Georgia Ann Mereier, and that they be declared legitimate and capable of inheriting any real or personal estate of George W. [Illegible Text] of said county, their reputed father, as if born in lawful wedlockany law, usage, or custom to the contrary notwithstanding. SECTION 2. And be it further enacted by the authority aforesaid, That the name of [Illegible Text] Ann Nelums, of the county of Irwin, be and it is hereby changed to that of [Illegible Text] Ann

Page 329

Brown, and that she be declared legitimate and capable of inheriting the real and personal estate of James D. Brown of said county of Irwin, her reputed father, by whose consent this act is passed, as fully as if born in lawful wedlock. Approved, February 22, 1850. AN ACT to change the names of E. W. Wingfield and Henry Fitz to E. H. Wingfield and Henry Sitz on grants to certain lots of land hereafter 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, that the name of E. W. Wingfield be changed to E. H. Wingfield on grant to lot of land number one hundred and fourteen in the twelfth (12th) district and second section Cherokee; and that the name of Henry Fitz be changed to Henry Sitz on grant to lot of land number three hundred and fifteen in the [Illegible Text] district and first section of originally Cherokee, now Lumpkin county. SECTION 5. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 22, 1850. AN ACT to change the name of Kate Leon Rich, of Glynn county, to that of Kate Leon Riley. Be it enacted by the Senate and House of 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 Kate Leon Rich, of Glynn county, be changed to that of Kate Leon Riley. Approved, February 21, 1850. AN ACT to change the name of Elizabeth Strong to that of Elizabeth Ware, and to relieve her from the pains and penalties of bigamy in the event of her marriage. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That

Page 330

from and after the passage of this act, the name of Elizabeth Strong, of the county of Heard, shall be Elizabeth Ware, by which name she shall be known and distinguished. SECTION 2. Be it further enacted, That should the said Elizabeth Strong, whose name is changed to Elizabeth Ware, intermarry within this State, she shall be relieved and totally exempt from the paias and penalties of the penal laws of this State against the crime of bigamy; and that said marriage, should the said Elizabeth marry, be and the same is hereby declared legal. Approved, February 22, 1850. AN ACT to alter and change the name of Mary Virginia Farer to that of Mary Virginia Cox, and to legitimatize the same. WHEREAS Simon S. Cox, of the county of Putnam, the reputed father of the said Mary Virginia, is desirous of having the name of the said Mary Virginia [Illegible Text] changed to that of Mary Virginia Cox, and to legitimatize her: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that the name of Mary Virginia Farer be changed to that of Mary Virginia Cox, and that she [Illegible Text] legitimatized and entitled to inherit from him, the said Simon S. Cox, her reputed father, as fully and entirely as if she had been born in lawful wedlock, and be in all respects considered, treated and regarded in law, and capable of inheriting from him, the said Simon S. Cox, his wife and children as though the misfortune of illegitimacy had never attached to herany law to the contrary notwithstanding. Approved, February 21, 1850. AN ACT to change the name of Elizabeth Kelly to that of [Illegible Text] Elizabeth Cooper, and to give Thomas W. Cooper and his wife, [Illegible Text] J. S. Cooper, the legal claim to said child as parents. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is her by enacted by the authority of the same, That immediately from and after the passage of this act, the name

Page 331

of Elizabeth Kelly, of Chatham county, be and is hereby altered and changed to that of Amanda Elizabeth Cooper, and that Thomas W. Cooper and his wife, Francis J. S. Cooper, shall have the legal claim of said child as its lawful parents. SECTION 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. Approved, December 19, 1849. AN ACT to authorize Notary Publics to administer oaths, 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 Notary Publics are hereby declared competent to administer oaths as Justices of the Peace may do in relation to the probate of deeds and other instruments, and to receive the same compensation therefor. SECTION 2. And be it further enacted, That perjury or false swearing may be assigned on [Illegible Text] made before Notary Publics as may now be done on oaths administered by judicial officers to affidavits. SECTION 3. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. Approved, February 11, 1850. AN ACT to pardon John Hunton of the county of Wilkes. WHEREAS at a Superior Court held in and for the county of Wilkes at February Term, in the year of our Lord one thousand eight hundred and forty, John Hunton was convicted of the crime of murder, and sentenced by the presiding Judge to imprisonment in the Penitentiary of this State for and during the term of his natural life: SECTION 1. Be it enacted by the Senate and House of 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 nineteenth day of February, eighteen hundred and fifty, the said John Hunton be and he is hereby declared to be freely, fully, and entirely pardoned, and exonerated, and discharged from the pains and penalties of his said conviction and sentence, as freely, fully and entirely as if such conviction and sentence had never taken place. Approved, February 22, 1850.

Page 332

AN ACT to pardon Jonathan Studstill of the county of Lowndes. WHEREAS at a Superior Court held in and for the county of Lowndes, at December Term, 1848, Jonathan Studstill was convicted of the crime of murder; and whereas petitions from a large number of the citizens of said county of Lowndes have been presented to the General Assembly, asking the exercise of legislative elemency: Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the said Jonathan Studstill be and he is hereby declared to be freely, fully and entirely pardoned, exonerated, and discharged from the pains and penalties of his said conviction and sentence as fully, freely and entirely as if such conviction and sentence had never taken place or the offence committed. Approved, February 6, 1850. AN ACT to pardon Sampson Braziell, a convict in the Penitentiary of this State. WHEREAS Sampson Braziell, in the year eighteen hundred and thirty-six, in the county of Muscogee, was tried and convicted of the crime of murder upon circumstantial evidence alone, and sentenced to [Illegible Text] in the Penitentiary of this State for the term of his natural life; and whereas he has been imprisoned in the same for thirteen years, and from the statement of the officers of the Penitentiary he has been obedient, industrious, and of uniform good conduct; and whereas from his extreme age, bodily infirmities, and long confinement, nature in its course will ere long remove him from this life to his grave; and whereas the voice of mercy and humanity calls for the opening of his prison doors: 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 Sampson Braziell be and he is hereby fully pardoned, acquitted and exonerated from the operation of the judgment of said court and discharged from imprisonment and labor in said Penitentiary, and that he be fully restored to all his rights and privileges as a citizen, in the same manner and as fully as if no conviction had ever taken place. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, December 20, 1849.

Page 333

AN ACT to regulate the action of Magistrates upon Peace Warrants. WHEREAS it is the practice of Justices of the Peace to grant Peace Warrants upon an affidavit being made according to law, and of binding or committing the accused party without a hearing, which is contrary to justicefor 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 hereafter when Peace Warrants are granted upon such principles as the law now prescribes, that after the party is arrested and brought before the Magistrate or committing officer, the party in arrest shall be permitted to introduce testimony in order to show there is no just ground for the warrant. Approved, February 21, 1850. AN ACT to authorize the Inferior Courts of the several counties in this State to grant license to certain persons therein described upon certain conditions. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Inferior Courts of the several counties in this State shall, upon the recommendation of the Grand Jury thereof, be empowered to grant license to peddle in their respective counties to indigent and infirm persons, upon such terms and restrictions as they may impose. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to authorize Jacob Pittman, a decrepit and infirm man, a citizen of the county of Ware, to vend and peddle on all goods, wares and merchandize throughout all the counties of the first Congressional District, without paying a fee or license for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after

Page 334

the passage of this act, Jacob Pittman, a decrepit and infirm man, a citizen of the county of Ware, be allowed to peddle on and vend all kinds of goods, wares and merchandize in all the counties of the first Congressional District, without paying a fee or license for the same: Provided, said Jacob Pittman shall take an oath before he shall commence peddling, before a Justice of the Inferior Court of the county of Ware, to be filed in the Clerk's office of said county, that [Illegible Text] will not sell to slaves or free persons of color, without consent of their owner, overseer, or guardian; and that he is peddling for his own benefit, and not for any other person. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, January 26, 1850. AN ACT for the better government of the 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 it shall be the duty of the Assistant Keeper of the [Illegible Text], in addition to his other duties, to open a set of books on the system of double entry, in which shall be kept a full and correct account of all purchases made, a proper record of all the raw materials consumed in the various workshops, as well as of all the manufactured articles, cash and job work turned over to the salesman; it shall also be his duty to take charge of the storehouse containing the materials, and issue the same to the different overseers of the workshops, taking care to charge the shop for which the issue is made with every item so issued. SECTION 2. And be it further enacted, That the Bookkeeper shall be the collecting officer of the Penitentiary, and shall from time to time, and within one year after any debt shall be contracted, place the same in suit and press the collection thereof, and shall receive for all the duties required of him the sum of one thousand dollars annually, to be paid as the other salaries of the officers of the Institution are. SECTION 3. And be it further enacted, That the Principal Keeper shall be allowed to use his discretion in relation to the time the convicts shall be confined in their cells on the Sabbath day. SECTION 4. And be it further enacted, That the Principal Keeper and Inspector shall make their returns to the Governor once a year only.

Page 335

SECTION 5. And be it further enacted, That the Governor shall appoint biennially, instead of annually, three Commissioners to take an inventory of the stock of the Penitentiary, the first appointment to be made in the year one thousand eight hundred and fifty. SECTION 6. And be it further enacted, That the Principal Keeper be and he is hereby authorized to sell and dispose of all old and useless materials on hand, and that he be allowed a proper credit for the same in his accounts. Approved, February 23, 1850. AN ACT to compensate Physicians and Surgeons who shall be summoned by the Sheriff or Coroner of the county to make post mortem examinations for the information of juries of inquest. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be lawful for every physician and surgeon who shall be summoned by the sheriff or coroner of the county to make post mortem examination for the information of juries of inquest, to charge and receive from the treasurer of the county the sums [following,] to wit: For each post mortem examination, where death has resulted from external violence, where no dissection is required, the sum of ten dollars; for the same, where dissection is necessary, and where no interment of the body has been made, twenty dollars; for the same, after one or more days interment, thirty dollars; for the same, where any chemical analysis is required, the sum of fifty dollars, and the expense of such analysis: Provided, That the compensation allowed in this act shall not extend to more than one physician for each post mortem examination. Approved, February 23, 1850. AN ACT to alter and amend an act entitled an act to regulate the licensing Physicians in this State, to prevent apothecaries vending and exposing to sale within this State drugs and medicines without a license from the Board of Physicians, and to prevent merchants, shopkeepers and all other persons from compounding and preparing drugs and medicines, or either, approved Dec. 24, 1825. SECTION 1. Be it enacted by the Senate and House of Representatives

Page 336

of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Board of Physicians established and provided for in the above recited act, for the purpose of examining all applicants for license to practise medicine, and for other purposes, shall hold their annual meetings in the city of Macon in this State. SECTION 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. Approved, February 14, 1850. AN ACT to authorize Jeptha B. Stephens to practise medicine under the Botanic System, and to charge for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act Jeptha B. Stephens, of the county of Gilmer, is hereby authorized to practise medicine under the Botanic System, and to charge for the same, in the county of Gilmer. SECTION 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. Approved, February 21, 1850. AN ACT to authorize Daniel Sikes, of the county of Tattnall, to practise medicine in said county, charging compensation therefor, without a license as now by law provided. SECTION 1. Be it enacted 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 Daniel Sikes, of the county of Tattnall, be and he is hereby authorized to practise medicine in said county without undergoing an examination before the Board of Physicians, and without license from said Board, or a diploma from any medical college, and to charge, receive and collect by law reasonable compensation for services rendered as such physicianany law, usage or custom to the contrary notwithstanding. Approved, February 14, 1850.

Page 337

AN ACT to authorize the citizens of McIntosh county to elect Commissioners of Pilotage for the port of Darien, and to regulate the fees of the same 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 Commissioners of Pilotage for the port of Darien shall be elected on the first Monday in March next, under the superintendence of the officers and freeholders holding the election for county officers; that said Commissioners shall hold their office until the next regular election for Justices of the Inferior Court, and thereafter to be elected at the same time, and to hold their offices for the same length of time as Justices of the Interior Court; that all freeholders entitled to vote for members of the Legislature shall be entitled to vote for said Commissioners: that said Commissioners shall take the same oath now prescribed by law, and shall be entrusted with all the powers, and subject to all the penalties, and have all the rights, privileges and immunities that are now allowed to the Commissioners of Pilotage of said District, and that the fees of Pilotage be the same as regulate the Savannah river and Savannah bar. SECTION 2. And be it further enacted, That no person not a resident citizen of the State shall be elected or appointed as a pilot by said Commissioners. SECTION 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. Approved, January 18, 1850. AN ACT to amend the act passed at the last session of the General Assembly in relation to the liability of Railroad companies for injury to or destruction of live stock and other property by the running of cars or locomotives on their roads, and for other purposes therein contained. SECTION 1. Be it enacted by the Senate and 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 an award shall be made in conformity with the provisions of the second section of said act, the same shall be filed in the Clerk's office of the Superior Court of the county in which the principal officer of the Railroad company may be; and it shall be the duty of such Clerk to make out and serve a copy thereof on the President of said company, or by leaving it at said company's office within ten days after the filing of said award; and within twenty days after such service the clerk shall issue execution for

Page 338

the amount of said award and the costs attending said filing, copy and service against said companyunless the said company, by one of its officers or its attorney, shall enter an appeal in the usual manner, on paying costs and giving security, in which case said claim for damages shall stand for trial before the Special Jury at the first term after such appeal, upon the same terms, restrictions and liabilities as apply to and govern other appeal cases, and judgment and execution shall be rendered and issued accordingly. Approved, February 23, 1850. AN ACT to prevent the running of all freight trains upon all Railroads in this State on the Sabbath day. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of March next it shall not be lawful for any company or individual to run any freight train or any car carrying freight upon any Railroad now existing, or that may hereafter be made, in this State, on the Sabbath day; and [Illegible Text] conductor or other person so running or assisting in running any train or car carrying freight on the Sabbath day, shall each be guilty of a misdeameanor; and on conviction thereof, each conductor shall be fined in a sum not exceeding five hundred dollars, and each other person so as aforesaid offending shall be fined in a sum not exceeding five hundred dollars. SECTION 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. Approved, February 11, 1850. AN ACT to make it a penal offence for any conductor, fireman, engineer, or other officer or agent on or managing or conducting any Railroad in this State to allow any slave to travel on the same, except under certain circumstances. SECTION 1. Be it enacted by the Senate and House of 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 any conductor, fireman, engineer, or other officer or agent on or conducting or managing any locomotive, tender, car or cars on any Railroad in this State, who shall allow any slave to enter and travel on the same, in the absence of the owner, overseer

Page 339

or employer of said slave, or without a written permit from the owner, overseer, or employer of said slave, for that [Illegible Text] purpose, shall be guilty of a high misdemeanor, and on coviction thereof in any court having jurisdiction of the same, shall be punished by imprisonment and labor in the Penitentiary for any time not less than one year nor longer than three years. SECTION 2. And be it further enacted, That if it shall be made to appear that any negro slave shall escape on any Railroad car, locomotive or tender, without written permit from the owner, overseer, or employer, such owner, overseer, or employer may recover by suit in any court of competent jurisdiction the amount of the value of the said negro, and the amount of all expenses of the suit incurred, from said Railroad company. Approved, February 21, 1850. AN ACT for the relief of William H. Monroe, lately the husband of Mary Ann Monroe. SECTION 1. Be it enacted by the Senate and House of Representatives [ of the State of Georgia ] in General Assembly met, and it is hereby enacted by the authority of the same, That the said William H. Monroe be and he is hereby released from all disabilities imposed upon him by the judgment of the Superior Court of Muscogee county, in a suit for divorce at the instance of Mary Ann Monroe against the said William H. Monroe, so far as he is by said judgment rendered incapable of marrying; and that the said William H. is hereby made fully able and capable of entering into the marriage contractany law to the contrary notwithstanding. Approved, December 21, 1849. AN ACT for the relief of Andrew J. Cowart. WHEREAS at a Superior Court heretofore holden in and for the county of Washington, a final trial was had and a verdict rendered in the case of Martha Cowart against Andrew J. Cowart, in a libel for divorce, granting to said Martha Cowart a divorce a vinculo matrimonii; and whereas under existing laws the defendant in said case is under certain disabilities, in that he is not entitled to enter into the marriage contract and is prohibited therefrom: for remedy whereof

Page 340

Be it enacted by the Senate and House of 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 Andrew J. Cowart shall be and he is hereby fully exonerated, [Illegible Text] and releived from the restraints and disabilities by law incurred in consequence of his said marriage with the said Martha, and the said judgment of divorce against him; and that he shall have full and complete authority to enter into the marriage contract, and to marry as though said legal disabilities had never existedany law, usage or custom to the contrary notwithstanding. Approved, February 23, 1850. AN ACT for the relief of Francis M. Ison, of the county of Pike. WHEREAS in the month of April last, the said Francis M. Ison together with one Peachy Bledson became the security on a bond or recognizance in the penal sum of two thousand dollars, for the appearance of one Lemuel G. M. Bledson at the August term for 1849 of Pike Superior Court, to answer the charge of [Illegible Text] from the house, for which offence he had been indicted; and whereas at said August term of Pike Superior Court the bond or recognizance was forfeited, and [Illegible Text] facias issued against the said Francis M. Ison alone, the other security. Peachy Bledson, having also previously fled to parts unknown; and whereas, also, judgment and execution thereon is about to issue against him, the said Francis M. Ison, and as the collection of which will completely impoverish an innocent security and his family; for remedy whereof SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text], and it is hereby enacted by the authority of the same, That the said Francis M. Ison be and he is hereby relieved and discharged from all further liability on said bond or recognizance, or scire facias, or any judgment or execution which might hereafter issue thereon, upon the payment of all costs, including the commission of the Solicitor General, which have accrued, or which may hereafter accrue. SECTION 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. Approved, February 22, 1850.

Page 341

AN ACT to amend the act passed at the last session of the General Assembly entitled an act for the relief of John H. Mann, executor of James G. Stallings, deceased. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That the Court of Ordinary of the county of Richmond shall be and it is hereby authorized to cause citation to issue and to grant letters dismissory to the said John H Mann, executor of the will of the said James G Stallings, in due form of law upon his making it appear that he has fully administered the estate of his said testator. Approved, February 21, 1850. AN ACT for the relief of all offenders against the late laws of this State prohibiting the introduction of slaves into the same for the purpose of sale, and prohibiting the sale, offer to sell, or the purchase of slaves within a certain period after their introduction into this State. WHEREAS all laws prohibiting the introduction of slaves into this State for the purpose of sale, and all prohibiting the sale, offer to sell, or the purchase of slaves at any time after their introduction into this State, have been repealed by the present General Assembly; and whereas the only legitimate object of punishment, the prevention of crime, ceases with the abolition of the crime itself: SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That no person shall hereafter be convicted of any violation of the laws aforesaid, nor be held liable upon any bond for his appearance to answer to the charge of any such violation. SECTION 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. Approved, February 11, 1850. AN ACT for the relief of Henry W. Blake, of the county of Hall; Sarah Johnson, of the county of Troup; Charles Cochran, of the county of Gilmer. WHEREAS at [Illegible Text] September term of Hall Superior Court, in the year eighteen hundred and forty-nine, a divorce a

Page 342

mensa [Illegible Text] [Illegible Text] was obtained by the said Henry W. Blake against his wife, Lavinia Blake, for the offence of [Illegible Text] which [Illegible Text] has until very recently been held to be ground for a total [Illegible Text] and whereas under the [Illegible Text] pronounced in the above stated case, the said Henry W. Blake would not under the laws of this State be at liberty to contract marriage, without subjecting himself to certain pains and penalties; for remedy whereof Be it enacted by the Senate and House of 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 Henry W. Blake shall be and he is hereby authorized to [Illegible Text] again, if he should be so disposed, without subjecting himself to the pains and penalties enacted by the laws of this State against the crimes adultery, fornication, bigamy or polygamy. SECTION 2. And be it further enacted by the authority aforesaid, That Sarah Johnson of the county of Troup, and Charles Cochran of the county of [Illegible Text] be entitled to all the privileges [Illegible Text] by this act. SECTION 3. And be it further enacted by the authority aforesaid, That all laws and parts of laws [Illegible Text] against this act, [Illegible Text] and the same are hereby repealed. Approved, February 23, 1850. AN ACT for the relief of David Barron, of Wilkinson county; Luverna E. Walker, of the county of Hancock; and James Boon of the county of Randolph. WHEREAS at a Superior Court heretofore holden in and for the county of Washington, a final trial was had and verdict rendered [Illegible Text] the case of Dully [Illegible Text] against David Barron in a libel for divorce; and whereas under existing laws the said David Barron is under certain [Illegible Text] and disabilities, in that he is prohibited from again entering into the marriage contract; for remedy whereof SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the said David Barron shall be and is hereby fully [Illegible Text] relieved and [Illegible Text] from the [Illegible Text] and disabilities by law incurred in consequence of said judgment, and shall have full and complete authority to dispose of his person in marriage as though he had never entered into marriage with the said Dully Barronany law, usage or custom to the contrary notwithstanding.

Page 343

SEC. 2. And be it further enacted, That the legal disabilities incurred by Luverna E. Walker of the county of Hancock, by reason of a divorce obtained against her in Hancock Superior Court by her husband, John E. Walker, be and the same are hereby removed, and that the said Luverna E. Walker [Illegible Text] and she is hereby as fully authorized to marry as if said disabilities had never been incurred; and that she be restored to her maiden name of Luverna E. Culver. SECTION 3. And be it further enacted, That James Boon, of Randolph county, be entitled to all the privileges of this act. Approved, February 11, 1850. AN ACT for the relief of Charles B. Lombard, 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 after the passage of this act, Charles [Illegible Text] Lombard, of the county of Clark, shall be and is hereby authorized to marry again whenever hereafter he may be so disposed, without subjecting himself to any of the pains and penalties enacted by the laws of this State against the offences of bigamy or polygamy. SECTION 2. And be it further enacted, That such marriage, when so contracted, shall be complete, full and [Illegible Text] as to all the rights and duties of the marriage relation, as if he had never been married to his former wife, Julia M. Lombard, or as if the said Julia M. were now dead. And that all acts and parts of acts militating against this act, be and the same are hereby repealed. Approved, December 20, 1849. AN ACT for the relief the securities of Jacob W. Frost, formerly Tax Collector of Muscogee county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text] and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the Comptroller General be and he is hereby authorized and required to take and receive from John L. [Illegible Text] and others, the securities of Jacob W. Frost, formerly Tax Collector for Muscogee county, the balance of principal and lawful interest which appears to be due by said Frost in full satisfaction of

Page 344

the [Illegible Text] facias issued against said Frost and his [Illegible Text] and that on the payment of the said principal and [Illegible Text] said securities be and they are hereby released and discharged from all liability to pay or payment of damages by reason of said Frost's defalcation. SECTION 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act be and they are hereby repealed. Approved, February 11, 1850. AN ACT for the relief of Michael Aderhold and James A. McWhorter of the county of Carroll. WHEREAS Michael Aderhold and James A. McWhorter entered into a recognizance with one Allen M. [Illegible Text] for the appearance of the latter at the Superior Court of Carroll county, to answer the charge of an [Illegible Text] with intent to murder; and whereas the said [Illegible Text] has [Illegible Text] forfeited, by order of said Court, in consequence of the failure of the said Allen M. McWhorter to appear; and there being circumstances in the said case which entitle the said securities to relief; 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 Michael Aderhold and James A. McWhorter be [Illegible Text] they are hereby wholly and entirely released and [Illegible Text] from all [Illegible Text] under and by virtue of said [Illegible Text] and that no further proceedings be [Illegible Text] thereon: Provided, that said securities shall pay all costs. Approved, February 11, 1850. AN ACT for the relief of Isaac Wright. WHEREAS at a Superior Court held in and for the county of Harris, a judgment for five hundred dollars and cost was obtained against Isaac Wright, as security for the [Illegible Text] of James B. Moore at said Court, under [Illegible Text] that tend to thwart rather than advance the [Illegible Text] [Illegible Text] justice; for remedy whereof SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, [Illegible Text] it is hereby enacted by the authority of the same, That [Illegible Text] and after the passage of this act, the said Isaac Wright

Page 345

be and he is hereby relieved and discharged from all [Illegible Text] incurred by the forfeiture of the bond or recognizance for the appearance of said Moore. SECTION 2. And be it further enacted, That all laws and parts of laws militating against the foregoing act, are hereby repealed. Approved, February 5, 1850. AN ACT to relief William W. Barton and [Illegible Text] G. Ponder and their sureties from all liability under their respective recognizances for [Illegible Text] appearance [Illegible Text] the May term, 1849, of Chatham Superior Court. Be it enacted by the Senate and House of [Illegible Text] of the State of Georgia in General Assembly met, and it [Illegible Text] hereby enacted by the authority of the same, That the [Illegible Text] given by the said William W. Barton and [Illegible Text] G. Ponder for their appearance at the May term, [Illegible Text] of [Illegible Text] Superior Court of Chatham county, to answer a charge for introducing [Illegible Text] into the State, be and the same is hereby annulled; and that said Ephraim G. Ponder [Illegible Text] William W. Barton and their sureties be discharged [Illegible Text] all liability under the same. Approved, December 20, 1849. AN ACT for the relief of the citizens of Dooly county, [Illegible Text] far as relates to the recording of papers, and to extend the time for recording deeds in said county. WHEREAS the Court-house of Dooly county has been [Illegible Text] and therewith the records of said county, and a [Illegible Text] number of original papers, whereby the property of a large number of the citizens of said county has been [Illegible Text] in jeopardy; for remedy whereof SECTION 1. Be it enacted by the Senate and House of [Illegible Text] of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that all deeds for land, deeds of gift, bills of sale, and all other papers required by law to be recorded, and which have been [Illegible Text] recorded, that it shall and may be lawful for all such papers to be again recorded, and that certified copies of the said record be received as evidence in all courts of justice in [Illegible Text] State, in the same manner as certified copies of the [Illegible Text] record would have been.

Page 346

SECTION 2. And be it further enacted, That all deeds for land which may be recorded within two years from the [Illegible Text] of this act, shall be held and deemed to be as lawfully [Illegible Text], and shall be received in evidence in all the courts of law and equity in this State, and held to be of the same [Illegible Text] and authority as if they had been recorded in one year [Illegible Text] the date of their executionany law, usage or custom to the contrary notwithstanding. SECTION 3. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. Approved, February 8, 1850. AN ACT for the relief of Richard Bassett and his securities. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and [Illegible Text] is hereby enacted by the authority of the same, That touching the fi. fa. issued by authority of the State against Richard Bassett and his securities; on account of the [Illegible Text] of said Bassett as Tax Collector of the county of Bibb, for the year eighteen hundred and forty-seven, the Solicitor of the Flint Circuit be and he is hereby authorized and required, after collecting the principal and lawful interest thereon, to desist and refrain from collecting or demanding the excess of interest beyond the lawful interest, either from said Bassett and his securities, or the Sheriff of Bibb or others, and that said Bassett and his said securities, are hereby [Illegible Text] and discharged from liability for the said excess of [Illegible Text] that may be due by and upon said State tax fi. fa. Approved, January 26, 1850. AN ACT for the relief of Patrick Brady and John Myrick, of the county of Sumter. WHEREAS at the last term of the Superior Court of Sumter county, a judgment was rendered against Patrick Brady and John Myrick of said county, in favor of the State of Georgia, on a recognizance made by one Gilson Bailey, for his appearance at the Superior Court to answer an [Illegible Text] for bigamy, and signed by said Brandy and [Illegible Text], as his securities for the sum of five hundred dollars; and whereas it would be unjust to compel the money out of said securities, under all the circumstances, as shown by the petition of the parties:

Page 347

SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text], and it is hereby enacted by the authority of the same, That upon payment of all costs which may have accrued upon the trial or case upon which said judgment is founded, that the said Patrick Brady and John Myrick be and they are hereby discharged from all further liability thereon. Approved, February 21, 1850. AN ACT for the relief of Henry D. Moore. WHEREAS [Illegible Text] the October Term, 1844, of Warren [Illegible Text] Court, a divorce a vincule matrimonii was obtained again Henry D. Moore, by his wife Areanaie T. Moore; and whereas the same was founded upon causes which had arisen after the marriage, so that the said Henry D. Moore was divorced upon illegal principles, but yet by the judgment of [Illegible Text] Court is [Illegible Text] from entering into the state of wedlock with another woman while his said wife may be in life; for remedy whereof SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and immediately after the passage of this act, the said Henry D. Moore shall be capable of contracting marriage and living in the state of wedlock in as full and [Illegible Text] a manner as he might do if [Illegible Text] said wife were [Illegible Text] and shall be free from the pains or penalties of bigamy when the establishment of the same shall depend upon the marriage between him and his aforesaid wife. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act be and the [Illegible Text] [Illegible Text] hereby repealed. Approved, January 17, 1850. AN ACT for the relief of Jonathan C. Pearson and Wright Noles. WHEREAS the said Jonathan C. Pearson and Wright Noles, on the second day of October, in the year eighteen hundred and forty-eight, became bound as securities for one Robert Hatcher, in a bond taken by Isaac Lindsey, a Justice of the Peace for Wilkinson county, in the sum of two hundred dollars, payable to his Excellency the Governor or his successors in office, for the appearance of the

Page 348

said Hatcher at the Superior Court of said county then in session, to answer the charge of an assault; and whereas the said Hatcher having failed to appear, and having abandoned the county, and judgment having been entered against the said Hatcher and his said securities for the amount of said bond, and all costs in said case having been settled, and there being circumstances in the said case which entitle said securities to relief: Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Jonathan C. Pearson and Wright Noles be and they are hereby released, exonerated and discharged from all liabilities on said bond and judgmentany law to the contrary notwithstanding. Approved, December 21, 1849. AN ACT for the relief of Bedford J. Head of Macon county. WHEREAS Amanda Head lately obtained in the State of Alabana a verdict for a divorce a vinculo matrimonii against her husband Bedford J. Head, then and still residing in Georgia when the marriage between the parties was solemnized; and whereas under existing laws the defendant is under certain restraints and disabilities, in that he is not entitled to enter again into the marriage contract, but is prohibited therefrom; for remedy whereof SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the said Bedford J. Head shall be and he is hereby fully exonerated and released from the restraints and disabilities by law incurred in consequence of said judgment of divorce against him, and shall have full and complete authority to enter into the marriage contract, and to mary as though said legal disability had never existedany law or usage to the contrary notwithstanding. Approved, December 20, 1849. AN ACT for the relief of John Dismukes of the county of Meriwether, and also Rebecca Wade. WHEREAS at the November term of the Superior Court holden for the county of Baldwin, the final trial was had and

Page 349

verdict rendered in case of Delilia Dismukes versus John Dismukes, in libel for divorce; and whereas under existing laws the defendant is under certain restraints and disabilities, in that he is prohibited from again entering into the marriage contract; for remedy whereof SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the said John Dismukes shall be and is hereby fully exhonerated, relieved and released from the restraints and disabilities by law incurred in consequence of said judgment, and shall have full and complete authority to enter into [the] marriage contract as fully as though no legal disability ever existedany law or usage to the contrary notwithstanding. SECTION 2. And be it further enacted, That the legal disabilities incurred by Rebecca Wade, by reason of a divorce obtained against her by her late husband, Washington Wade, be and the same are hereby removed, and that she be as fully entitled to marry again, as if said disability had never existed. Approved, February 11, 1850. AN ACT for the relief of the estate of James M. Kelly, late Reporter of the Supreme Court of the State of Georgia. WHEREAS by the act of Assembly of the State of Georgia, approved 10th December, 1845, establishing the Supreme Court, it was made the duty of the Reporter of the said Court to furnish to each of the Judges of said Court and to each of the several Clerks of the Superior Courts of this State one copy of each volume of his Reports, and twenty-five copies of the same to his Excellency the Governor; and whereas James M. Kelly, late Reporter of said Supreme Court, did faithfully comply with the requisitions of the law, as far as the Reports were published at the time of his death; and whereas the public welfare is not subserved by a compliance with the said requisition, but a [Illegible Text] injury inures and has inured to the estate of the [said] James M. Kelly: 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 estate of James M. Kelly be and it is hereby declared to be exonerated and discharged from all further compliance with the requisitions of said act.

Page 350

SECTION 2. And be it further enacted by the authority aforesaid, and it is hereby 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. Approved, February 22, 1850. AN ACT to quiet and confirm the title of Peter Poullet, a naturalized citizen, to a lot of land in the city of Augusta, conveyed to him before his naturalization. Be it enacted by the Senate and 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 title of the said Peter Poullet to all that lot of land on the north side of Broad street, in the city of Augusta in this State, and extending from Broad to Jones street, conveyed to him before his naturalization, by one John M. Dow, by deed, now of record, bearing date the ninth day of December, eighteen hundred and forty-seven, and fully describing said lot, shall be and the same is hereby made and declared to be to all intents and purposes as full, perfect and valid as if he the said Peter Poullet had been duly naturalized before such conveyance was madeany law, usage, custom or right of this State to the contrary notwithstanding. Approved, December 19, 1849. AN ACT for the relief of Edward A. Flewellen. WHEREAS it has been charged that Edward A. Flewellen has been guilty of being present, aiding and abetting in the killing of one Uriah T. Lockett, in the county of Monroe; and whereas a bill of indictment for said offence has been ignored by two successive grand juries of said county; and whereas a determination has been evinced to continue said prosecution from time to time, to the great oppression and vexation of the said Edward A.; and whereas, in addition to the judicial investigation aforesaid, a memorial has been presented, signed by almost the whole of the citizens of said county subject to jury duty, praying for relief to the said Edward A. in the premises; for remedy whereof: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the said Edward A.

Page 351

Flewellen shall not be subject or liable to any further prosecution on said charge, and that he be exonerated and relieved therefrom as fully as if he had been acquitted by the [Illegible Text] of a jury. Approved, February 13, 1850. AN ACT for the relief of Josiah Spurlin, Tax Collector for the county of Union for the year eighteen hundred and forty-nine. WHEREAS there was a mistake in the digest of taxable property of the county of Union for the year eighteen hundred and forty-nine, of one hundred and twenty-two dollars and fifty-three cents: SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the said Josiah Spurlin be relieved from the payment of the said one hundred and twenty-two dollars and fifty-cents; the Treasurer of said State and the Inferior Court of said county of Union be and they are hereby authorized and required to allow him the same in [Illegible Text] due the State and county aforesaid. Approved, February 22, 1850. AN ACT for the relief of William H. Graham and Hardin Perkins, of the county of Lumpkin, from their liability as securities on the Tax Collector's bond. WHEREAS in pursuance of the laws of this State in such cases provided, the Comptroller General of this State did, on the 14th day of July, 1846, issue an execution against the said William H. Graham and Hardin Perkins, securities on the tax collector's bond of John G. Bostwick, tax collector of the county of Lumpkin for the year eighteen hundred and forty-six, for the sum of fifteen hundred and forty-one dollars and twenty cents, principal, and on which sum nine hundred and nineteen dollars and ninety-seven cents have been paid, and the same credited on said execution, leaving as a balance unpaid of said principal the sum of seven hundred and sixty-six [Illegible Text] and seventeen cents; and whereas the sum of $230 for insolvent list, and the sum of $142,17, amount of Receiver's fees, and $115,85 as Collector's fees, making four hundred and eighty-eight dollars and two cents, and which sum last named deducted

Page 352

from the said $766,17, leaves a balance of $278,15, as due from said Collector of the principal on said fi. fa.: SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the said William H. Graham and Hardin Perkins be and they are hereby released and discharged from the said fi. fa. when they or either of them shall pay over to the Sheriff of Lumpkin county, or the Comptroller General, the sum of $278,15; and that they, the said securities, shall have full control of said execution to reimburse themselves for the amount paid thereon by them, which said payment by the said securities shall be entered on said fi. fa. by the Sheriff or Comptroller General of the receipt of the amount hereby authorized to be paid. SECTION 3. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. Approved, December 19, 1849. AN ACT for the relief of Merrick Barnes of Baker 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 aforesaid, That Merrick Barnes of the county of Baker is hereby relieved and discharged from the payment of a judgment now held by the State of Georgia against him for the principal sum of two hundred and fifty dollars, founded on a recognizance in Baker Superior Court, conditioned for the appearance of of one Stephen [Illegible Text] to answer for the crime of misdemeanor, which judgment was signed at the June term in the year 1846, upon which a fieri facias has been issued; and said judgment and fi. fa. is hereby declared null and voidany act, law or custom to the contrary notwithstanding. Approved, February 21, 1850. AN ACT for the relief of William P. Beale and Davis B. Hadley, and other persons therein named. WHEREAS on the fifteenth day of February, eighteen hundred and forty-eight, the Comptroller General of this State issued an execution against Robert A. Watkins, a defaulting Collector of Taxes for the county of Richmond, and William P. Beale and Davis B. Hadley, his securities,

Page 353

for the sum of four thousand and seventy-two dollars twenty-eight cents, (in arrear for taxes collected for the State for the year eighteen hundred and forty-seven) with interest for said sum from the first day of December, eighteen hundred and forty-seven, at the rate of twenty per cent. per annum; and whereas the said William P. and Davis B. have paid the principal amount of said execution with lawful interest SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the said William P. and Davis B. are hereby released, exonerated and discharged from all further liability for or on account of said execution, and that they shall have the benefit, use and control of the same for the purpose of remunerating themselves out of the property of the said Robert A. Watkins, without any interference on the part of the State. AND WHEREAS an execution has been issued by the Comptroller General against Elisha Wylly, a defaulting Collector of Taxes for the county of Chatham, and his [Illegible Text] Thomas Green, Alexander A. Smith, Dominic O'Byen and Hiram Roberts, for the sum of fourteen hundred and thirty-five dollars and ninety-one cents, in arrear for State taxes collected by the said Elisha for the year 1848; and whereas the said Elisha is entitled to a credit [Illegible Text] said execution of one hundred and forty-two dollars and eighty-nine cents, allowed by the Grand Jury of said county at the last May term for his insolvent list, and the said sureties have paid the [Illegible Text] of said execution, namely the sum of twelve hundred and ninety-three dollars two cents: SEC. 2 Be it further enacted by the authority aforesaid, That the said Thomas Green, Alexander H. Smith, Dominic O'Byen and Hiram Roberts be and they are hereby released and [Illegible Text] from all further liability on said execution; and that they have the use, benefit and control of the same for the purpose of indemnifying themselves out of any property of the said Elisha Wylly. Approved, December 19, 1849. AN ACT for the relief of Robert Obarr, John F. Brown, Edward A. Brown, Christopher Dodd, Robert L. Jones, John L. Terrell and William Hedden, all of Cass county. WHEREAS the said Robert Obarr, John F. Brown, Edward A. Brown, Christopher Dodd, Robert L. Jones, John L. Terrell, and William Hedden became bound as securities

Page 354

for one Robert C. Stewart in a bond or recognizance in the penal sum of two hundred dollars, payable to his Excellency the Governor of the State of Georgia and [Illegible Text] successors in office, conditioned for the appearance of [Illegible Text] said Robert C. at the Superior Court to be held in for the county of Cass on the first Monday in August last past, then and there to answer for and [Illegible Text] the crime of gambling with a negro man, the property of Warren Aiken, with which the said Robert C. stood charged in said Court, and should not depart thence without the leave of said Court; and whereas the said bond or recognizance was at the last August term of said Court forfeited by order of said Court, in consequence of the failure of the said Robert C. to appear; and there being circumstances in said case which entitle the above named persons to relief in the premises: Be it enacted by the Senate and 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 Robert Obarr, John F. Brown, Edward A. Brown, Christopher Dodd, Robert L. Jones, John L. Terrell, and William Hedden, be and they are hereby released, exonerated and discharged from all liability on said bond or recognizance; Provided, the said Robert Obarr, John F. Brown, Edward A. Brown, Christopher Dodd, Robert L. Jones, John L. Terrell, and William Hedden, shall pay all cost accured in [Illegible Text] case against the said Robert C. Stewart. Approved, January 26, 1850. AN ACT for the relief of Robert Stephens, Washington Stephens, Jacob Sammons, Barney West, and Benjamin Highfield, securities for the appearance of Benjamin Stephens before the Superior Court of the county of Dade. WHEREAS the above named Robert Stephens, Washington Stephens, Jacob Sammons, Barney West, and Benjamin Highfield, did together with one Benjamin Stephens [Illegible Text] and deliver their penal bond, conditioned for the appearance of the said Benjamin Stephens at the [Illegible Text] Court then next to be held in and for the county [Illegible Text] and after the making and delivery of the said bond, the said securities aforesaid delivered to the Sheriff of said county the said Benjamin Stephens, who after being [Illegible Text] delivered up, made his escape previous to the term of the said Superior Court to which he was bound to appear; and whereas the said bond was afterwards [Illegible Text] and judgment rendered thereon against the securities aforesaid for

Page 355

the sum of one thousand dollars, which sum of money the securities ought not in equity and justice to be compelled to pay; therefore SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that the said Robert Stephens, Washington Stephens, Jacob Sammons, Barney West, and Benjamin Highfield, securities as aforesaid, be and they are hereby relieved and discharged from all liability on the above stated judgment, upon the payment of the costs which have accrued on the forfeiture of the said bond and the rendition of the said judgment thereon. Approved, January 16, 1850. AN ACT to entitle Mary [Illegible Text] of the county of Pike to the estate of her child Walter J. Wills, deceased, provided the same shall be an escheat. WHEREAS Walter J. Wills, an infant, an orphan of Francis J. Wills, late of Talbot county, deceased, came to a considerable estate by reason of being a fortunate drawer in the Cherokee Land Lottery; and whereas said infant has died leaving said estate, and his mother being incapable of inheriting the same by reason of her second marriage; and whereas said estate will probably escheat; 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 authority of the same, That the Solicitor General of the Chattahoochee Circuit be and he is hereby authorized and required to pay to said Mary Holmes, mother of said Walter J. Wills, all the money which he may receive as an escheat arising from the estate of the said Walter J. Wills in the county of Talbot. SECTION 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be and they are hereby repealed. Approved, February 23, 1850. AN ACT to appoint certain commissioners for Savannah 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

Page 356

Henry H. Cumming, John D. Watkins, and James [Illegible Text] be and they are hereby appointed commissioners for Savannah river from Augusta to Lightwood Log [Illegible Text], with full power and authority to remove all obstructions and to open the navigation of said river between said points, and for that purpose shall be authorized to enforce all existing laws. SECTION 2. And be it further enacted, That in case of a vacancy occurring at any time from any cause in the said office of commissioners, the two remaining commissioners shall fill the same by the appointment of another person. SECTION 3. And be it further enacted, That [Illegible Text] Carter and David Bruce of the county of Franklin, and Robert Jarrett of the county of Habersham, be and they are hereby appointed commissioners to keep open the said river from the mouth of Lightwood Log creek to the mouth of Panther creek. Approved, February 23, 1850. AN ACT amendatory of all acts heretofore passed allowing fish traps to be constructed in the Great Ohoopee river and the Little Ohoopee river, and to remove all obstructions to the free passage of fish. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall not be lawful for any person or persons to prevent the free passage of fish in the waters of the Great Choopee, from its junction with the Little Ohoopee river to its source, and the Little Ohoopee river, by the [Illegible Text] of fish traps or any other device. SECTION 2. Be it further enacted, c, That any person or persons violating the first section of this act shall be subject to an indictment for a misdemeanor in the Superior Court of the county in which he violates the same, and shall on conviction be subject to a fine of not less than fifty nor more than one hundred dollars, one half to go to the informer and the other half to the county. SECTION 3. And be it further enacted, That the provisions of the above recited sections shall extend to the waters of Williamson's Swamp, from its mouth to Long's Mill on the north prong, and Brantley's Mill on the south prong of said creek. SECTION 4. And be it further enacted, That upon complaint made by any citizen or citizens of either of the counties through which said water courses pass, of the existence of any fish trap or traps or other device for the prevention of the free passage of fish, made to the Justices of the Inferior

Page 357

Court, or any three of them, during term time or vacation, it shall be their duty to direct the Sheriff of said county to have the same removed forthwith, and the expense of such removal shall be defrayed by the party violating the provisions of this act; Provided, that nothing herein contained shall be construed to prevent hook and line fishing, [Illegible Text] fishing, or gig fishing. SECTION 5. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, January 26, 1850. AN ACT to prevent the falling in timber and otherwise obstructing the channel of the rivers Chickamauga in the county of Walker, and to punish persons for the same. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, any person cutting and falling in timber, rolling in logs, or otherwise obstructing the current of east and west Chickamauga rivers in the county of Walker, shall, on conviction thereof before any Court having jurisdiction, be fined not less than ten dollars at the discretion of the Court. SECTION 2. And be it further enacted by the authority aforesaid, That nothing in this act shall be so construed as to prevent any person from making mill dams, fish traps, and building bridges across said rivers. SECTION 3. And be it further enacted by the authority aforesaid, That all fines imposed on persons, trespassing on said rivers, shall be applied to cleaning out drifts and other obstructions in said rivers, to be laid out for said purpose under the direction of commissioners appointed by the Inferior Court of said county. Approved, February 11, 1850. AN ACT to regulate and give the control of the [Illegible Text] on the Great Ogechee river below Hill's bridge on the Darien road, Bryan county, and on the Savannah river from Abercorn creek to the mouth of said river, to the proprietors of the banks and islands, of said rivers; also to prevent illicit trading with slaves, and disseminnting [Illegible Text] publications.

Page 358

WHEREAS certain persons under pretence of fishing in the waters of the Great [Illegible Text] river below Hill's bridge, and on the Savannah river from Abercorn creek to the [Illegible Text] of said river, residing in vessels, covered flats or arks, are a cause of serious injury to the planters residing on these rivers by trading with and corrupting the morals of their slaves, and by their intercourse with said slaves tending to produce great disorder and immorality; and whereas their mode of fishing is calculated to impede the passage of fish up the rivers almost entirely: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act it shall not be lawful for any one, other than the [Illegible Text] of the shores, islands and bars of said rivers, or such persons as shall be by them duly authorized, to catch or take fish with scins, nets or any such contrivances of the kind, on any part of said rivers below Hill's bridge on the Ogechee river, and from Abercorn creek to the mouth of the Savannah river. SECTION 2. Be it further enacted, That from and after the passage of this act, it shall not be lawful for any person to inhabit, occupy or reside in any vessel, ark or flat on the aforesaid rivers, which shall not be engaged in the lawful commerce of said rivers in the carriage or transporting goods or produce to or from market, unless owned by the proprictors of the shores or his or her lessees. SECTION 3. Be it further enacted, That nothing heretofore contained shall be so construed as to prevent the owners of the land on said rivers, or their lessees, from taking fish in the river opposite their banks; Provided, that from sunset Saturday to sunrise Monday no net or sein shall be permitted to be used in said rivers, either by the owners [Illegible Text] their lessees; Provided also, that on granting a lease to fish said lease shall be recorded within ten days after the date thereof. SECTION 4. Be it further enacted, That all offences against the provisions of this act, shall be punished, if committed by a white person, for each offence by a fine of not less than two hundred dollars, which fine when collected shall be appropriated to the poor school fund of the counties of Bryan and Chatham; if committed by a slave or free person of color, by whipping, not less than thirty-nine lashes for each offence. SECTION 5. Be it further enacted, That it shall be lawful for patrols or any civil officer at all times to visit and search all vessels, covered flats or arks and boats as are referred to under this act as being engaged in fishing, or trading illegally with slaves, or disseminating incendiary publications [Illegible Text]

Page 359

said rivers; and if the virtual or actual owners of said [Illegible Text], boats, c., shall not have a lease from the owners opposite to whose shores they are lying, or if any articles are found on board which by the provisions of the act of the 19th December, 1818, it was made penal to trade for with [Illegible Text], they shall be liable to the penalties as provided for under this act. SECTION 6. Be it further enacted, That all laws and parts of laws militating against this act are hereby repealed. Approved, February 21, 1850. AN ACT to alter and change the commissioners named in the fifth section of an act entitled an act to prevent obstruction in the Oconee river, from the Greene and Hancock county line on its eastern bank to its confluence in the Ocmulgee river, calculated to impede the free passage of fish, to appoint commissioners, and to punish those who may attempt to defeat the same, approved December 26th, 1835. WHEREAS by fifth section of said act, Gilley Moore, John Hall, Grey Credle, Y. P. King and John Coleby were appointed commissioners to keep open the Oconee river from the Hancock line to Reid and Gaston's mills. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, James M. Kelly, Alanson Clifton, Garratt Woodham, John Smith, sen., and John D. Copeland be and are hereby appointed commissioners in place of the said named commissioners in said fifth section of the above recited act; and that the said James M. Kelly, Alanson Clifton, Garratt Woodham, John Smith, sen., and John D. Copeland are hereby vested with all and [Illegible Text] the powers that the former commissioners had or were invested with under the provisions of the foregoing act, appointed [approved] 26th December, 1835any law to the contrary notwithstanding. Approved, February 21, 1850. AN ACT to authorize William A. Carr and Peter A. Summey to open and keep open the North Oconee river from the Factory dam at Athens to Chandler's bridge in Jackson

Page 360

county, and to vest in them their heirs and assigns the exclusive right of navigating said river between said two points on the [Illegible Text] for the term of fifteen years, and to fix the maximum rates of transporting lumber, wood and produce thereon. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, William A. Carr and Peter A. Summey, of the county of Clark, and their associates be and they are hereby authorized to open the North Oconee river from the Factory dam at Athens in the county of Clark to Chandler's bridge in the county of Jackson, and to keep the same open for the term of fifteen years, to be computed from the first day of October, eighteen hundred and fifty-two; the said Carr and Summey being allowed by this act till that time to open said river so as to make the same navigable for the transportation of lumber, wood and produce; Provided, that no interference shall be made with any bridge across said river. SECTION 2. And be it further enacted by the authority aforesaid, That the said William A. Carr and Peter A. Summey, their heirs and assigns, be and they are hereby fully authorized to demand and receive from any person wishing to use the said river as a highway a reasonable compensation, not to exceed one hundred dollars per annum, for the privilege as aforesaid; and for a single trip either up or down said stream for the whole distance between the two points stated in the first section, a sum not to exceed the sum of five dollars, and a rateable compensation for any part of the distance used on said river for running boats theron. SECTION 3. And be it further enacted by the authority aforesaid, That the said William A. Carr and Peter A. Summey, their heirs and assigns, shall be bound to keep open the channel of said river from the Factory dam at Athens to Chandler's bridge, in Jackson county, for the space of fifteen years, to be computed as aforesaid, so that the same may be used by the citizens for the transportation of lumber, wood, and produce; and their neglect to do so for the space of six weeks after notice of any obstructions such as falling trees, and rafts collected from [Illegible Text] and the like, by any two freeholders on said river, who are hereby authorized to give such notice, shall be a forfeiture of all the rights and [Illegible Text] hereby granted. SECTION 4. And be it further enacted by the [Illegible Text] aforesaid, That any person [Illegible Text] obstructing the channel of said river, by felling trees across the same or otherwise, shall be subject to indictment in the Superior Court, and

Page 361

upon conviction shall be fined in a sum not to exceed one hundred dollars, one half to the informer and the other [Illegible Text] to the use of the county of Clark. SECTION 5. And be it further enacted by the authority aforesaid, That all laws nd parts of laws militating against this act, be and the same are hereby repealed. Approved, January 16, 1850. AN ACT to repeal an act entitled an act to alter and amend the several acts regulating Roads in this State so far as respects the operation of said act in the counties of Bryan, Liberty, McIntosh, Glynn and Wayne, approved December 8th, 1806, and to repeal the act of 1817, so far as respects the county of McIntosh, and to provide for the filling of vacancies in the Board of Commissioners, authorized by the original act of 1803, 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 above recited act, approved on the twenty-fifth day of December, in the year one thousand eight hundred and forty-seven, be and the same is hereby repealed, so far as respects the county of McIntosh. SECTION 2. And be it further enacted, That the Inferior Court of McIntosh county have full power and authority to fill all vacancies which have occurred in said Board of Commissioners in said county; then said Board shall have full power and authority to fill all vacancies that may thereafter occur in said Board. Approved, February 16, 1850. AN ACT to authorize the Justices of the Inferior Court of Chatham county to pay to the Commissioners of public roads of said county one thousand dollars for constructing a causeway in said county, and to authorize the Commissioners of the Skedaway ferry and Montgomery road district to work the hands liable to road duty on the islands of Skedaway three days in each year in said district. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the Justices of the Inferior Court of the county of Chatham be and they are hereby authorized to pay to the Commissioners of public roads of said county, from the funds of the county,

Page 362

the sum of one thousand dollars, or such part thereof as may be necessary to enable said commissioners to establish a causeway from the point on Whitmarsh's island, known [Illegible Text] Cabbage Landing, by the most direct and practicable [Illegible Text] to the east bank of St. Augustine creek, opposite the point on the main land known as Greenarch. SECTION 2. And be it further enacted by the authority aforesaid, That the said Commissioners be authorized to contract for the making of said causeway, (provided they or a majority of them shall deem it to the interest of the county to build said causeway,) requiring bond and security of the contractor for the faithful performance of the work, and the said commissioners are authorized to stop all creeks over which said causeway may pass. SECTION 3. And be it further enacted by the authority aforesaid, That the Commissioners of the Skedaway Ferry and Montgomery road district be and are hereby authorized to summon and compel to work on said Skedaway Ferry and Montgomery road district, all the hands liable to road duty on the islands of Skedaway three days in each year on said district of road. SECTION 4. And be it further enacted by the authority aforesaid, That nothing in the above third section shall be so construed as to exempt from road duty the hands upon the islands of Skedaway: Provided, said work be done in accordance with the law of the State. SECTION 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. Approved, January 26, 1850. AN ACT to amend an act entitled an act to appoint Commissioners to lay [Illegible Text] and open a new road through a part of Camden county, and to designate the hands who shall be liable to work thereon; also, to establish a [Illegible Text] across the Great Satilla river, and fix the rates of ferriage at the same, assented to December twenty-third, one thousand eight hundred and thirty-nine, and the acts amendatory thereof, assented to December seventh, one thousand eight hundred and forty-one, and December twenty-seventh, one thousand eight hundred and forty-five, and to surrender to James Mongin Smith the land occupied by a part of said road, 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 so much of the first section of an act entitled an act to appoint

Page 363

Commissioners to lay out and open a new road through a part of Camden county, and to designate the hands who shall be liable to work thereon; also, to establish a ferry across the Great Satilla river, and fix the rates of ferriage at the same, assented to on the twenty-third of December one thousand eight hundred thirty-nine, as relates to that portion of the road therein named, which begins at a point on the Great Satilla river, opposite the town of Jefferson in Camden county, and continues and extends to a cross road running from the ferry commonly called and known as Owen's Ferry, to the plantation of Duncan L. Clinch, be and the same is hereby repealed. SECTION 2. And be it further enacted by the authority aforesaid, That the fourth, fifth, and sixth sections of the said act be and the same are hereby repealed. SECTION 3. And be it further enacted by the authority aforesaid, That the land now occupied by that part of said road, and the ditches and appurtenances thereunto belonging, which begins at a point on the Great Satilla river opposite the town of Jefferson in Camden county, and continues and extends through the tide swamp and high land to the cross road named in the first section of this act, shall return, revert to and become the property of James Mongin Smith, as fully and completely as if the same had never been taken, used and occupied for the purposes of the said road, with all the right, title, privileges and possession thereof with which he was originally and at any time invested. SECTION 4. And be it further enacted by the authority aforesaid, That the Commissioners of the said road now in office and their successors, or a majority of them, be and they are hereby authorized and required to lay out and cause to be made and opened a continuation of the said road from the point of its intersection with the said cross road as directly as may seem to them practicable and proper, (with the [Illegible Text] of the owners of the land through which it shall pass,) to the ferry on the Great Satilla river, commonly called Owen's Ferry, which said continuation shall be regulated, controlled and kept up in the same manner as the rest of said road. SECTION 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. Approved, December 19, 1849. AN ACT to appropriate certain hands to do road duty on the west side of the old Post road, and north of the Satilla river in Camden county. SECTION 1. Be it enacted by the Senate and House of Representatives

Page 364

of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the hands on the west side of the road known as the old Post road, and north of the Satilla river, in the county of Camden, liable to do road duty in said county, be appropriated and shall, immediately after the passage of this act, be liable and subject to do road duty on the road known as the old Post road, leading from Owen's ferry to Little Satilla river, and all other roads intersecting the same, as far as Little Red Cap branch, and that said hands be hereafter [Illegible Text] from any other road duty in Camden county. SECTION 2. And be it further enacted by the authority aforesaid, That the hands subject to do road duty, residing in the Satilla Neck, be transferred to the road leading from Honey creek to the road known as the new Post road, leading from Langbury to Owen's ferry. SECTION 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. Approved, January 26, 1850. AN ACT to designate and appropriate certain hands to do road duty on the north [Illegible Text] of the Floyd road, leading from Springfield to the point where it intersects the main Post road leading to St. Marys in the county of Camden. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the hands belonging to Barney B. Gowen, James Gowen, and Isaac Lang, jr., of the county of Camden, liable to do road duty in said county, be designated and appropriated and shall, immediately after the passing of this act, be liable and subject to do road duty on the north prong of the road known as the Floyd road in said county, leading from Springfield to the point where it intersects the main Post road leading to St. Marys; and that said hands be hereafter exempt from any other duty in Camden county. SECTION 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. Approved January 16, 1850. AN ACT to appropriate certain road hands in the county of [Illegible Text] and appoint Commissioners for the same. SECTION 1. Be it enacted by the Senate and House of Representatives

Page 365

of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the road hands of John Tompkins, William P. M. Ashley, Joseph Thomas, H. J. Cole, estate of Y. L. Robinson, Christiana Cole, and Susan Hopkins, be and are hereby appropriated and made [Illegible Text] to do road duty on the road leading from Jefferson to Colerane, and that Joseph Thomas, John Tompkins and William P. Ashley be appointed Commissioners for the same. SECTION 2. Be it further enacted, That in case of vacancies in said Board of Commissioners, by death, removal or resignation, the Inferior Court shall have power to fill said vacancies. SECTION 3. Be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to amend an act entitled an act to amend the several acts regulating roads in this State, so far as respects the operation of said acts in the counties of Bryan, Liberty, McIntosh, Glynn, Camden and Wayne, approved the 8th day of December, 1806. SECTION 1. Be it enacted by the Senate and House of 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 tenth section of the above recited act, or so much thereof as relates to Liberty county, be so amended as to authorize one Commissioner from each road district in said county, or a majority of that number to be competent to transact all business relating to said Board of Commissioners. SECTION 2. And be it further enacted, That all acts or parts of acts militating against this act, be and the same are hereby repealed. Approved, December 20, 1849. AN ACT to repeal, so far as relates to the county of Chatham, an act entitled an act to empower the Inferior Courts of the several counties in this State to order the laying out of public roads, and to order the building and keeping in repair of public bridges, approved December the fourth, seventeen hundred and ninety-nine, and further to extend and define the power of said Courts as to the construction

Page 366

of bridges, approved December twenty-six, eighteen hundred and forty-five; also, to alter and amend the fourth section of an act entitled an act to alter and amend the road laws of this State, approved December the (19th) nineteenth, eighteen hundred and eighteen, and to repeal the proviso of said fourth section so far as the same relates to the county of [Illegible Text], and to exempt the [Illegible Text] of Roads from the performance of patrol duty in the county of Chatham. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the above recited act, approved December the twenty-sixth, eighteen hundred and forty-five, be and the same is hereby repealed, so far as relates to the county of Chatham. SECTION 2. Be it further enacted by the authority aforesaid, That all executions issued against defaulters by the Commissioners of public Roads of Chatham county, at their annual meetings, shall be under the hand and seal of the Chairman of said Commissioners, and be collected as is now pointed out by law; and the proviso of the aforesaid fourth section of an act entitled an act to alter and amend the road laws of this State, approved December the nineteenth, eighteen hundred and eighteen, be and the same is hereby repealed, so far as relates to the county of Chatham. SECTION 3. Be it further enacted by the authority aforesaid, That from and after the passage of this act, the Commissioners of public Roads in and for the county of Chatham, shall be exempted from any and all patrol duty in said county. SECTION 4. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 11, 1850. AN ACT to authorize John D. Watkins to construct a turnpike road on his own land around Anthony's Shoals on Broad River, to fix the tolls on said road, and for other purposes therein named. WHEREAS Authony's Shoals obstruct the navigation of Broad river, rendering a portage necessary around the same; and whereas, when the cotton of the good planters of that portion of the State is deposited on the river below said Shoals it is much exposed to injury by the depredations of cattle; now therefore Be it enacted by the Senate and House of Representatives

Page 367

of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That John D. Watkins shall have power to construct a turnpike road around said Shoals to the flat rock landing below, on his own land in Elbert county, and to erect and inclosure for the reception and keeping of cotton safe from the depredations of cattle, and to charge five cents a bale on all cotton passing over said road to be shipped from said landing. Approved, February 11, 1850. AN ACT to alter an amend an act entitled an act to carry into effect the alterations and amendments at this session of the General Assembly (to wit, the session of 1843,) in and to the third and seventh sections of the first article of the Constitution of this State, assented to twenty-third December, 1843, so far as relates to the Senatorial Districts. SECTION 1. Be it enacted by the Senate and House of 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 second Senatorial district of this State shall be composed of the counties of Liberty and [Illegible Text], the seventh Senatorial district shall be composed of the counties of Bulloch and Scriven, the eighth Senatorial district shall be composed of the counties of [Illegible Text] and [Illegible Text], the ninth Senatorial district shall be composed of the counties of Burke and Jefferson, the thirteenth Senatorial district shall be composed of the counties, of Early and Randolph, the fourteenth Senatorial district shall be composed of the counties of Stewart and [Illegible Text], the fifteenth Senatorial district shall be composed of thh counties of Lee and Baker, the sixteenth Senatorial district shall be composed of the counties of Troup and [Illegible Text], the seventeenth Senatorial district shall be composed of the counties of Houston and [Illegible Text], the eighteenth [Illegible Text] district shall be composed of the counties of [Illegible Text] and Macon, the nineteenth Senatorial district shall be composed of the counties of Dooly and Sumter, the twentieth Senatorial district shall be composed of the counties of [Illegible Text] and Jones, the twenty-first Senatorial district shall be composed of the counties of Washington and Emanuel, the twenty-fifth Senatorial district shall be composed of the counties of [Illegible Text] and Jasper, the twenty-sixth [Illegible Text] district shall be composed of the counties of [Illegible Text] and Bibb, the twenty-eighth Senatorial district shall be composed of the counties of Meriwether and Talbot, the twenty-ninth Senatorial district shall be composed of the counties

Page 368

of Heard and Carroll, the [Illegible Text] Senatorial district shall be composed of the counties of Campbell and Cowela, the thirty-first Senatorial district shall be composed of the counties of Fayette and DeKalb, the thirty-second Senatorial district shall be composed of the counties of Butts and Pike, the thirty-third Senatorial district shall be composed of the counties of Newton and Henry, the thirty-sixth Senatorial district shall be composed of the counties of Franklin and Madison, the thirty-seventh Senatorial district shall be composed of the counties of Oglethorpe and Elbert, the thirty-eighth Senatorial district shall be composed of the counties of Clark and [Illegible Text] the thirty-ninth Senatorial district shall be composed of the counties of Gwinnett and Forsyth, and the forty-second Senatorial district shall be composed of the counties of Hall and Jackson. SECTION 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. Approved, January 21, 1850. AN ACT to prohibit Sheriffs and their Deputies from becoming directly or indirectly purchasers of property at their own sales, to vacate all titles taken or held by them for property so purchased, and to make penal the violation of this act, and to regulate their charges 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, no Sheriff or Deputy Sheriff shall be permitted to purchase any property whatever sold by himself, nor any Sheriff property sold by his Deputy, nor any Deputy Sheriff property sold by his principal or other deputy of said principal, either directly upon his own bid or indirectly upon the bid of any other person; and that every deed and all deeds intended to vest in any Sheriff or Deputy a title to property purchased at such sales in violation of this act, whether made by such Sheriff or Deputy or by any purchaser at such sale, shall be null and [Illegible Text]. SECTION 2. And be it further enacted, That any Sheriff or Deputy Sheriff who shall violate the provisions of the first section of this act, shall be liable to be indicted as for a [Illegible Text], and upon conviction shall be subject to fine in the discretion of the Court, or imprisonment in the common [Illegible Text] of the county for a term not exceeding six months, or both.

Page 369

SECTION 3. And be it further enacted, That whenever a Sheriff or his Deputy shall levy upon any negro property, he shall not be allowed to charge in any case for feeding and keeping or any other necessaries furnished such negro or negroes, in such cases where the services of such negro so levied on have been applied to the use of said Sheriff or his Deputy prior to the sale and pending the levy. SECTION 4. And be it further enacted, That all laws and parts of laws militating against this act, are hereby [Illegible Text]. Approved, February 22, 1850. AN ACT to prevent Sheriffs from holding the office of Constable. SECTION 1. Be it enacted by the Senate and House of 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, no city or county Sheriff shall be allowed to hold the office of Constable. SECTION 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. Approved, February 21, 1850. AN ACT to allow the Sheriff of Chatham county certain fees which are not provided for by law, and to allow him to appoint special Deputy Sheriffs in certain cases, 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 Sheriff of Chatham county shall be allowed the following fees, viz: For attendance on the Superior Court for each case determined, one dollar and fifty cents; for receiving and detaining into his custody any person or persons given up to him by any security or securities in or out of Court, two dollars and fifty cents; and the said Sheriff shall not be compelled or liable to receive any person or persons so surrendered unless the fee be paid him by the security or securities at the time of the surrender; and for his attendance on the Petit Jury and for each verdict rendered, one dollar and twenty-five cents; and for the [Illegible Text] of the jurors and attendance on criminal cases for each case tried or settled, two dollars; for carrying sentence of Court into execution, one dollar and eighty-seven cents; for estreating a [Illegible Text]

Page 370

fifty cents; for taking a bond in claim cases, bail cases, or a replevy bond, one dollar and twenty-five cents, and to be paid by the person who gives said bond in claims or replevins. SECTION 2. And be it further enacted by the authority of the same, That if the Superior Court of Chatham county continues its session over (15) fifteen days, the Sheriff shall be allowed for his services of attendance a per diem fee of one dollar per day, which amount shall be paid by the county and passed by the Inferior Court as other bills; for the service of a rule or order of Court, or attendance on special jury in any cause or decree, one dollar and twenty-five cents each. SECTION 3. And be it further enacted by the authority aforesaid, When it so happens that the Sheriff levies on any property where it is actually necessary for him to have the same guarded, it shall be lawful for him to appoint a deputy or deputies for said purpose, who shall take an oath before a Judge or Justice of the Peace before he or they enter upon the duty assigned him or them by the Sheriff, and if any person or persons shall resist, oppose or assault any special Deputy Sheriff or Sheriffs, he, she or they on conviction shall be fined or imprisoned at the discretion of the Court; and in all cases where the Sheriff requires assistance it shall be lawful for the Judge to allow a reasonable compensation to said Sheriff. SECTION 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. Approved, January 18, 1850. AN ACT to reduce the official bonds of the Sheriffs hereafter to be elected in the counties of Habersham and Hall from the sum of twenty thousand dollars to the sum of ten thousand 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, the Sheriffs of the counties of [Illegible Text] and Hall who shall hereafter be elected, shall, before they enter on the duties of their office, each give bond with two or more good and [Illegible Text] securities in the sum of ten thousand dollars, which said bonds shall be taken, executed and approved in the manner heretofore prescribed by law. SECTION 2. And be it further enacted, That all bonds which shall be taken in conformity with the preceeding section

Page 371

shall be as legal, valid, and of the same force and operation as other Sheriffs' bonds of this State. SECTION 3. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. Approved, January 26, 1850. AN ACT to authorize the county officers of the counties of Irwin and Telfair to publish in any public gazette in the towns of Milledgeville, Macon or Albany, and the county officers of Hancock county to publish in any paper in this State, and the Sheriff of Gwinnett county to advertise in some paper published in Augusta, Milledgeville or Athens, at their option. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be lawful for the Clerks, Sheriffs, and Coroners of the counties of Irwin and Telfair to publish their sales, orders or other proceedings requiring publication, in any public gazette in the city of Milledgeville or Macon or in the town of Albany in Baker county; and that the county officers of Hancock county be allowed to publish their advertisements in any paper published in the State of Georgia, having a general circulation in said county; and that the Sheriffs of Gwinnett county be and they are hereby authorized to advertise their sales in some paper published in Milledgeville, Augusta or Athensany law or custom to the contrary notwithstanding. Approved, February 21, 1850. AN ACT to provide an annual Sinking Fund for the payment of the Public Debt. SECTION 1. Be it enacted by the Senate and House of 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 sum of seventy thousand dollars be and the same is hereby set apart and appropriated annually out of any funds in the Treasury, to be applied as soon as practicable to the redemption of such of the outstanding bonds of the State of Georgia as may fall due or be surrendered by the holders thereof. SECTION 2. And be it further enacted by the authority aforesaid,

Page 372

That his Excellency the Governor be and he is hereby authorized to exercise a sound discretion in determining to what classes of bonds the funds hereby set apart and appropriated shall be annually applied. SECTION 3. And be it further enacted by the authority aforesaid, That any surplus which may be in the Treasury over and above the appropriations made by the General Assembly for that year, be and the same is hereby appropriated to the purpose, and under regulations set forth in the preceding sections. SECTION 4. And be it further enacted by the authority aforesaid, That his Excellency the Governor cause all bonds redeemed by this act to be cancelled and filed away, to be exhibited to the General Assembly or Financial Committee next in session thereafter. Approved, February 11, 1850. AN ACT to provide for the trial by the Superior Courts of this State of any slave or slaves or free person of color charged with any capital offence against the 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, and it is hereby enacted by the authority of the same, That from and after the passage of this act, whenever it shall appear, after investigation, to the Justices of the Peace before [Illegible Text] any slave or free persons of color shall be put upon trial, for any offence against the laws of this State, that the said slave or free person of color has committed a capital offence, such slave or free person of color shall be immediately committed to the jail of the county wherein such offence was committed, if sufficiently secure, and if otherwise to the nearest secure county jail, and the Justices before whom such examination shall have taken place, shall reduce their opinion to writing, and transmit the same, together with the report in writing of the evidence taken before them on such examination, and all other papers appertaining to said charge to the Attorney or Solicitor General, being the prosecuting officer in the Superior Court of said county, on the first day of the next term of said Court. SECTION 2. And be it further enacted by the authority aforesaid, That upon receiving the papers in any such case as provided in the [Illegible Text] section, it shall be the duty of such Attorney or Solicitor General to frame and send before the Grand Jury a bill of indictment against the person or persons so charged, as in cases of free white persons; and it shall and may be lawful for the Grand Jury in any county

Page 373

of this State, to present to the Superior Court of such county any capital offence committed by any slave or free person of color within said county after the passage of this act; and in any case wherein a slave or free person of color shall have been committed and a return made of the papers to the Attorney or Solicitor General, as provided in the first section of this act, if there shall be no prosecutor bound or appearing to prosecute the case, it shall be the duty of the Attorney or Solicitor General to place before the Grand Jury such charge made by such Justices of the Peace, together with all legal testimony sustaining, which may be accessible to him. [Illegible Text] said Grand Jury may upon such evidence in their discretion present such offence to the Court; and all persons who may now be competent witnesses by law upon the trial of slaves and free persons of color, shall be competent witnesses before the Grand Jury and upon the trial in the Superior Court. SECTION 3. And be it further enacted by the authority aforesaid, That after a bill of indictment found true on [Illegible Text] made as herein before provided, the trial shall proceed to rendition of verdict in conformity with the provisions of the penal code of this State; and in case of conviction, the Judge of the Superior Court before whom such trial shall have been had, shall pass sentence in conformity with the laws now in force, imposing penalties and providing for the passing of sentence in such cases; and all [Illegible Text] now of force regulating the subject matter of this act, and not inconsistent with its provisions nor with the said fourteenth section of the penal code, shall continue of full force, and that all laws and parts of laws conflicting therewith, be and the same are hereby repealed. Approved, February 14, 1850. AN ACT to compel all persons taking up runaway slaves to deliver them to the Jailor of the county where taken up, and to prohibit said persons from detaining in their custody such runaway slave or slaves for a longer time than four days; and other purposes therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text], 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 each and all persons in this State taking up any runaway slave or slaves, when the owner or owners of the same is or are unknown, to deliver the same to the Jailor of the county where taken up within four days at least next after such taking up; Provided, such slave shall not escape

Page 374

from custody; and that on failure or refusal so to do, such person or persons so offending shall be guilty of a high misdemeanor, and upon indictment, trial and conviction therefor, shall be fined in a sum not exceeding fifty dollars or imprisoned in the common jail of the county for any time not exceeding three months, or both, at the discretion of the Court; and the person so arresting and delivering to the Jailor of any county any runaway slave or slaves shall be entitled to five dollars for each slave so delivered up, the same to be paid over to the Jailor by the owner of said slave or slaves, his or her agent, when said slave or slaves are delivered up, the same to be paid over to the person so arresting and delivering up as aforesaid. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 22, 1850. AN ACT to amend an act passed December 29th, 1838, to define and affix the punishment of a crime or misdemeanor committed by a slave by the counsel, persuasion or procurement or other means of free white persons. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That if any free white person or persons shall attempt to procure a slave or slaves to commit a crime or misdemeanor by counsel, persuasion, bribery, or force, or other means, such free white person or persons shall be prosecuted for such attempt, and if found guilty shall incur the same punishment as if such free white person or persons had attempted to commit the said crime or misdemeanor which he, she or they attempted to procure the said slave or slaves to commit. SECTION 2. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. Approved, February 22, 1850. AN ACT to repeal all laws respecting the importation of slaves into this State, and to give certain powers to municipal corporations in relation to slaves. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That

Page 375

from and after the passage of this act, all laws or parts of laws, civil and criminal, forbidding or in any manner restricting the importation of slaves into this State from any other slaveholding State of this Union, be and the same are hereby repealed. SECTION 2. And be it further enacted, That it shall be lawful for the corporate authorities of any city or town in this State by ordinance to regulate the sale of slaves by traders within their limits, (except sales at public outery at the place of public sales fixed by law,) and to prescribe the places within their jurisdiction in which marts for the sale of slaves, and slaves for sale by traders, shall be kept, with authority to enforce such ordinances. Approved, December 19, 1849. AN ACT to compensate Solicitors General for services rendered the State in the Supreme Court in criminal cases. SECTION 1. Be it enacted by the General Assembly of the State of Georgia now met, That the Solicitors General of the several Judicial Circuits of this State, for the rendition of official services in the Supreme Court in criminal cases, shall receive the following fees, to [Illegible Text]: In all cases where the punishment is less than confinement and labor in the Penitentiary, the sum of fifteen dollars: in all cases involving punishment by confinement and labor in the Penitentiary, the sum of thirty dollars; and in all cases where the punishment is death, the sum of fifty dollars. SECTION 2. And be it further enacted, That upon the presentation of the certificate of the Clerk of the Supreme Court of the trial of the case or cases, and the rendition of the service, the Governor shall draw his warrant in favor of the Solicitor or Solicitors, in accordance with the provisions of the first section of this actany law to the contrary notwithstanding. Approved, February 23, 1850. AN ACT to make residence in the Judicial District a necessary qualification of the State's Attorney and Solicitors General of this State. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, no person shall

Page 376

be eligible to the office of State's Attorney or Solicitor General in any Judicial Circuit in this State, who has not been a resident of the District for one year immediately preceding the time of the election. SECTION 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. Approved, January 17, 1850. AN ACT to repeal an act approved on the 23d December, 1835, entitled an act to authorize and empower the Surveyor General to record all plats of surveys made on head rights before granting 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 above recited act be and the same is hereby repealed, and that the Surveyor General shall not be required to record any plats of surveys on head rights until the granting of the same. SECTION 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. Approved, February 11, 1850. AN ACT to levy and collect a tax for each of the political years 1850 and 1851, and thereafter. SECTION 1. Be it enacted 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 an act entitled an act to levy and collect a tax for each of the political years eighteen hundred and forty-eight and nine, passed by the last General Assembly, be and the same is hereby re-enacted and made of force for the political years 1850 and 1851, and for each year thereafter till repealed. SECTION 2. And be it further enacted, That each and every male citizen between the ages of twenty-one and sixty, be taxed annually the sum of twenty-five cents only. SECTION 3. And be it further enacted, That each and every free negro or free person of color in this State, between the ages of eighteen and fifty, shall be taxed annually the sum of five dollars. SECTION 4. And be it further enacted, That from and after

Page 377

the first day of March, 1850, each negro or person of color nominally a slave who by any contract or bargain and sale, or pretended bargain and sale, after the date aforesaid, may be held or owned by any white person, said negro or person of color not being over sixty years of age or valueless from decrepitude or disease, shall be taxed one hundred and fifty dollars, and every person when making his or her return shall state on oath what negro or negroes he or she holds in the right of and for the benefit of such negro, and for each and every negro so held, shall pay the tax of one hundred and fifty dollars as above. SECTION 5. And be it further enacted, That from and after the first day of March, all owners or hirers of slaves who shall permit said slave or slaves to hire his or her or their time from said owners or hirers, at any period during the year, shall pay a tax of one hundred dollars on each and every slave so hiring his or her or their own time: Provided, That the giving in said slave or slaves as taxable property to tax assessors by said owner or hirer, shall in no instance be used as evidence against said owner or hirer in an indictment under the existing laws of this State to permit said hiring: Provided, That nothing in this section shall operate in the city of Savannah to prevent porters, laborers or others, from working out under the ordinances of said city. SECTION 6. And be it further enacted, That a tax of thirty-one and a quarter cents shall be paid by the Memphis Branch Railroad for each and every hundred dollars of the stock of said road, to be returned and paid into the Treasury in the same manner and at the time required by law in relation to tax on the capital stock of banks, with the same penalty in case of failure. SECTION 7. And be it further enacted, That each President of the different banking companies in this State be and they and each of them shall return on oath the amount of circulation they have out in bills, checks, drafts, or other evidences of debt under the denomination of five dollars, not [Illegible Text] by law, and that they pay a tax of ten per cent. on the largest amount of illegal circulation in circulation at any time within one year next before making such return. SECTION 8. And be it further enacted, That a tax of fifty cents is hereby imposed on each sulkey and buggy, a tax of one dollar on every rockaway coach or close carriage, a tax of four dollars on each two horse stage, a tax of six dollars on each stage working over two horses, and a tax of ten dollars on each omnibus. SECTION 9. And be it further enacted, That each and every agent of any foreign bank or individual residing in another State, doing business in this State, shall, on or before the first Monday in each and every year, make a return on oath to the Treasurer of this State of the highest amount of loans

Page 378

or paper discounted or exchange purchased by him and running to maturity at any one time during twelve months immediately preceding such returns; and it shall be the duty of such agent to pay into the Treasury of this State, free from all cost or charge whatsoever, the same rate of tax upon one-third of such highest amount so returned by him as aforesaid, as is now imposed or may hereafter be imposed by law upon the chartered banks of this State, and shall be enforced and collected in the same manner. SECTION 10. And be it further enacted, That a tax of five cents per head shall be assessed upon all cattle owned by the citizens of Florida, and kept within this State. SECTION 11. And be it further enacted, That the Tax Receivers and Collectors shall receive the same compensation now allowed by law, except the county of Chatham, whose Collector shall receive the same commission as now allowed to counties whose digest is less than ten thousand dollars; and to net the digest as provided for in the seventh section of the act of 1845, for the Receivers the default shall be deducted, and for the Collectors the insolvent list shall be deducted from the total amount of the digest. SECTION 12. And be it further enacted, That all laws and parts of laws on the subject of taxes, not inconsistent with the provisions of this act, be and the same are contined in full force. Approved, February 22, 1850. AN ACT supplementary to the general tax laws, and to tax certain property therein mentioned which has been heretofore exempt from taxation. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the President of the Georgia Railroad shall on or before the thirty-first day of December, 1850, pay into the Treasury of this State, as a tax for the year 1850, on oath one half of one per cent. on the net annual income of the stock of said road and its branches, under the penalty of double tax for his refusal or neglect to do so, to be collected by execution to be issued by the Treasurer. SECTION 2. And be it further enacted, That the increase of capital of the Georgia Railroad and Banking Company, authorized by the act of the present session of the General Assembly, be and the same is hereby taxed thirty-one and a quarter cents on every hundred dollars worth. SECTION 3. And be it further enacted, That the President of the General Railroad do pay into the Treasury of

Page 379

the State, on oath, on or before the thirty-first day of December, 1850, one-half of one per cent. on its net annual income under the penalty of double tax, to be collected by execution to be issued by the Treasurer. SECTION 4. And be it further enacted, That the President of the Macon and Western Railroad shall on oath on or before the thirty-first day of December, 1850, pay into the Treasury of this State a tax of thirty-one and a quarter cents on each hundred dollars of the amount of its stock actually paid in, as a tax on the capital stock [of the] aforesaid Railroad and its appurtenances and furniture, under the penalty of a double tax to be collected by execution to be issued by the Treasurer. SECTION 5. And be it further enacted, That each and every of the Presidents of the aforesaid Railroad companies shall make like payments on the thirty-first day of December in each and every year hereafter until this act shall be repealed: Provided, that no banking capital employed by the Georgia Railroad and Banking Company and the Central Railroad and Banking Company shall by any construction of this act be exempt from future taxation at the discretion of the Legislature, and the tax on net profits shall only be on the net profits of the Railroad. Approved, February 1, 1850. AN ACT to repeal an act passed the 27th day of December, 1845, authorizing the Inferior Court of Lumpkin county, or a majority of them, to levy an extra tax not exceeding fifty per cent. on the State tax of said county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Inferior Court of the county of Lumpkin shall not be allowed to levy a tax exceeding one hundred per cent. on the State tax of said county. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to exempt Emory College and other Colleges in this State from taxation, and to place them on the same footing with the University of Georgia. SECTION 1. Be it enacted by the Senate and House of Representatives

Page 380

of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that all the property of Emory College and other colleges in this State shall be exempt from taxation and shall be upon the same footing with the University of Georgia. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 21, 1850. AN ACT to exempt from taxation the Odd Fellows Institute in the city of Columbus, No. 6, and the Fletcher Institute of the county of Thomas, and the Lagrange Female Seminary in 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 after the passage of this act, that the Odd Fellows Institute in the city of Columbus, No. 6, and the Fletcher Institute of the county of Thomas, and the Lagrange Female Seminary in the county of Troup, be and the same are hereby exempted from the State and county tax. SECTION 2. And be it further enacted by the authority of the same, That all laws or parts of laws militating against this act, be and the same are hereby repealed. Approved, February 22, 1850. AN ACT to authorize the Justices of the Inferior Court of Elbert county to levy an extra tax for the purpose of building a court-house in said county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior Court of Elbert, or a majority of them, shall have power to levy and collect an extra tax for the purpose of building a court-house in said county. SECTION 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the Tax Receiver and Collector of said county to collect such extra tax, they being allowed reasonable compensation for the same. Approved, December 14, 1849.

Page 381

AN ACT to regulate the tax on sales at auction in Chatham 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 State tax on sales by public outery and vendue in the county of Chatham shall be as follows, to wit: On the gross amount of the sale where the same does not exceed one thousand dollars, one per cent.; where the same exceeds one thousand dollars and falls short of three thousand dollars, one-half of one per cent.; and where the same exceeds three thousand dollars one-quarter of one per cent. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and they are hereby repealed. Approved, February 21, 1850. AN ACT to authorize the Justices of the Inferior Court of Baker county to levy a county tax. SECTION 1. Be it enacted by the Senate and House of 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 Baker county shall have power to levy a tax each year for county purposes, said tax not to exceed fifty per cent. upon the State tax, to be returned and collected by the Tax Collector and Receiver of said county, for said county, in the same manner as the State tax is returned and collected. SECTION 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. Approved, February 1, 1850. AN ACT to appropriate the one-half of the tax of the year 1840, paid into the Treasury, to the county of Scriven. WHEREAS by the 2d section of an act to impose, levy and collect a tax for the political year 1840, and for other purposes, the following provision is made, to wit: That one half the tax to be levied and collected under this act, shall be paid over by the Tax Collectors to the Inferior Courts of the respective counties for county purposes; and whereas said sum has never been paid over to the Justices of the Inferior Court of Scriven county:

Page 382

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 his Excellency the Governor be and he is hereby authorized and directed to draw his warrant on the Treasurer in favor of the Tax Collector of [Illegible Text] county for the sum of four hundred and six dollars and twenty-nine cents. Approved, February 5, 1850. AN ACT to authorize the Justices of the Inferior Court of the county of Crawford to levy extraordinary taxes for county purposes, and to fund the debts due by said county, and to issue scrip thereon. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Justices of the Inferior Court of Crawford county, or a majority of them, and their successors in office, shall have power annually whenever they shall deem it necessary, under the recommendation of two-thirds of the Grand Jury of said county at a regular term of the Superior Court of said county, to levy upon the inhabitants of said county a tax extraordinary of the general State tax for county purposes; and shall be authorized to have the same collected by the Tax Collector of said county; Provided, that nothing herein contained shall be construed to authorize the said Justices to order and levy a tax which shall exceed fifty per centum on the State tax, only when an appropriation may be deemed necessary by said Court for the purpose of building or repairing the Court-house or other public buildings in said county; in that case the tax shall not exceed one hundred per centum on the State tax, and which shall not be continued longer than four years. SECTION 2. And be it further enacted, That the Justices aforesaid, whenever in their opinion it may hereafter be necessary, are hereby authorized to fund the debts due by said county and issue scrip thereon, bearing an interest at the rate of seven per centum per annum, payable whenever the county Treasurer may be able to redeem the same; and the said Justices are hereby authorized to allow interest after the first of March, 1850, on all orders or contracts already passed or entered into for building bridges and for other county purposes. SECTION 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. Approved, February 23, 1850.

Page 383

AN ACT to authorize the Inferior Court of the county of Cass to levy an additional tax 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 authority of the same, That the Inferior Court of the county of Cass be and the same is hereby authorized to levy an additional tax for the present and following years on the citizens of said county for county purposes; Provided, that said additional tax shall not exceed an increase of more than fifty per cent. upon the tax authorized to be imposed upon the citizens of said county for the year eighteen hundred and forty-nine. Approved, February 14, 1850. AN ACT to consolidate the office of Tax Collector and Receiver in the county of Lumpkin. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the year 1850, the offices of Tax Collector and Receiver of the county of Lumpkin be and the same are hereby consolidated into the office of Tax Collector. SECTION 2. And be it further enacted, That the said Tax Collector shall be entitled to the same fees that the Receiver and Collector, or both, are now allowed by law, and he shall pay over to the county Treasurer of said county of Lumpkin twenty-five per cent. on the amount of his commission, which sum shall be considered as a county fund for the payment of jurors. SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 11, 1850. AN ACT to extend the time of completing and returning the tax digest for the county of Lowndes until the first of October in each and every year, and to allow the Collector to make his settlement by the last day of December. SECTION 1. Be it enacted by the Senate and House of 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 time for returning the tax digest of the county of Lowndes is extended to the first day of October in each and every year, and that

Page 384

the time for the Collector to make his returns is extended to the last day of December in each and every year. SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to separate the offices of Receiver of Tax Returns and Tax Collector of the county of Carroll. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall not be lawful for the offices of Receiver of Tax Returns and Tax Collector for the county of Carroll to be held by the same personany law, usage or custom to the contrary notwithstanding. Approved, February 23, 1850. AN ACT to repeal so much of an act assented to 19th of December, 1840, as relates to the consolidation of the offices of Tax Collector and Receiver of Tax Returns of the county of Montgomery. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, so much of the above recited act as relates to the consolidation of the offices of Tax Collector and the Receiver of Tax Returns of the county of Montgomery, be and the same is hereby repealed. Approved, December 20, 1849. AN ACT to repeal an act entitled an act to consolidate the offices of Tax Collector and Receiver of Tax Returns in the counties of Rabun, Camden, Irwin, Floyd, [Illegible Text], Paulding, Wayne, Murray, Cherokee, Glynn, Telfair, and Laurens, so far as relates to the county of Murray, assented to 25th December, 1837. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That

Page 385

from and after the passage of this act, so much of the above recited act as relates to the county of Murray be and the same is hereby repealed. Approved, December 14, 1849. AN ACT to repeal an act consolidating the offices of Tax Collector and Receiver of Tax Returns of the counties of Baldwin, Chattooga, Franklin, Gwinnett, Heard, Upson, Wilkes, McIntosh, Thomas, Jefferson, Cobb, Hancock, Dooly, and Marion, passed on the 9th December, 1839, so far as respects the counties of Franklin and Heard. SECTION 1. Be it enacted by the Senate and 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 an act passed on the 9th day of December, 1839, consolidating the offices of Tax Collector and Receiver of Tax Returns of the above named counties, be and the same is hereby repealed, so far as respects the counties of Franklin and Heard. SECTION 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. Approved, December 14, 1849. AN ACT to consolidate the offices of Receiver of Tax Re-Returns and Tax Collector in the county of Cherokee, and to make provision for paying Grand and Petit [Illegible Text] in said county. WHEREAS under existing laws the Receiver of Tax Returns and the Tax Collector of Cherokee county are each entitled to ten per cent. on the general tax of said county, and are also entitled to their per cent. for the insolvent list, making it cost near twenty-five cents on the dollar to collect the tax for said county, which said tax may be collected for a much smaller per cent.; and whereas there exists no provision of law for paying the Grand and Petit Juries of said county; and whereas the difference between the per cent. now paid for collecting the tax in said county and the per cent. for which it may be collected will amount to a sum sufficient, or nearly so, to pay said jurors: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

Page 386

and it is hereby enacted by the authority of the same, That from and after the first day of January eighteen hundred and fifty-one, the offices of Receiver of Tax Return and Tax Collector for the county of Cherokee shall be consolldated and united, and shall thereafter be filled by one and the same person annually, who shall perform the [Illegible Text] of a Receiver of the Returns of taxable property, and Tax Collector of said county of Cherokee respectively as required by law: Provided, That he shall only be bound to attend in each militia district on two different days for the purpose of receiving tax returns, and on two different days for the purpose of collecting, and not on three different days as now required by law, and it shall further be his duty to attend at the Court-house in said county on the two sale days preceding the time of returning his digest to the office of the Comptroller General, and on the two sale days previous to the time of closing his books as Collector, and he shall give bond and security in double the amount now required of the Tax Collector of said county. SECTION 2. And be it further enacted by the authority aforesaid, That the compensation for the services of said Receiver of Tax Returns and Tax Collector shall be one-half of the amount at present allowed to the officers of Receiver of Tax Returns and Tax Collector of said county. SECTION 3. And be it further enacted by the authority aforesaid, That all court fees to which jurors are now entitled. all fines hereafter imposed on and collected from jurors, and the remaining half of the compensation at present allowed to the Receiver of Tax Returns and Tax Collector of said Cherokee county shall be paid into the county Treasury, and the same is hereby set apart as a permanent jury fund for said county, and it shall he applied to that object and no other. SECTION 4. And be it further enacted, That the county Treasurer shall pay out of said fund to each Petit Juror who shall serve in the Inferior Court, and to each Grand and Petit Juror who shall serve in the Superior Court of said county, the sum of one dollar per day for his services, [Illegible Text] said Jurer presenting to said Treasurer a certificate from the Clerk of the Court in which he has rendered the service, certifying to the number of days which said Juror has served. SECTION 5. And be it further enacted, That in case the said jury fund set apart by this act shall be insufficient to pay each Juror one dollar per day, then it shall be the duty of said Treasurer to pay to each Juror such sum per day as the money to be raised under the provisions of this act will enable him to do: Provided, That no Juror shall be entitled to receive any [Illegible Text] from the Treasury for any service rendered previous to the time when the first year's per cent. shall be paid into the Treasury: Provided further, That the

Page 387

Jurors serving previous to the time when the per cent. on the tax of eighteen hundred and fifty-one is paid into the Treasury, shall be entitled to their usual Court fees. SECTION 6. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, December 19, 1849. AN ACT to repeal an act to consolidate the offices of Tax Collector and Receiver of Tax Returns in the counties of Rabun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne, Murray, Cherokee, Glynn, Telfair and Laurens, assented to 25th December, 1837, so far as respects the county of Laurens; also, to repeal an act consolidating the offices of Tax Collector and Receiver of Tax Returns for certain counties in this State, assented to on the 9th December, 1839, so far as relates to the county of Marion. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That so much of the above recited act as relates to the consolidation of the offices of Tax Collector and Receiver of Tax Returns in the said county of Laurens, be and the same is hereby repealed. SECTION 2. And be it further enacted, That so much of an act entitled an act to consolidate the offices of Tax Collector and Receiver of Tax Returns, so far as respects the counties of Baldwin, Chattooga, Franklin, Gwinnett, Heard, Upson, Wilkes, McIntosh, Thomas, Jefferson, Cobb, Hancock, Dooly and Marion, assented to on the 9th day of December, 1839, as relates to the county of Marion, be and the same is hereby repealed. Approved, December 21, 1849. AN ACT to repeal an act consolidating the offices of Tax Collector and Receiver in the counties of Baldwin, Chattooga, Franklin, Gwinnett, Heard, Upson, Wilkes, MeIntosh, Thomas, Jefferson, Cobb, Hancock, Dooly and Marion, passed December 9th, 1839, so far as respects the county of Thomas. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia [Illegible Text] 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 act passed

Page 388

the ninth December eighteen hundred and thirty-nine, consolidating the offices of Tax Collector and Receiver in the county of Thomas, be and the same is hereby repealed. SECTION 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. Approved, February 1, 1850. AN ACT to repeal an act passed the 25th day of December, 1837, entitled an act to consolidate the offices of Tax Collector and Receiver of Tax Returns of Early 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 an act passed the 25th day of December, 1837, entitled an act to consolidate the offices of Tax Collector and Receiver of Tax Returns, be and the same is hereby repealed: Provided, That this act shall not go into operation and effect until the first day of January in the year eighteen hundred and fifty-oneany law to the contrary notwithstanding. Approved, February 1, 1850. AN ACT to repeal an act passed on the twenty-fifth of December, eighteen hundred and thirty-seven, consolidating the offices of Receiver of Returns and Tax Collector in the counties of Rabun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne, Murray, Cherokee, Glynn, Telfair, and Laurens. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That so much of the before recited act as relates to the consolidating the offices of Receiver of Returns and Tax Collector for the county of Irwin, be and the same is hereby repealed. SECTION 2. Be it further enacted by the authority aforesaid, That there shall be, on the first Monday in January next, a Receiver of Returns as well as Collector elected for said county of Irwin. SECTION 3. And be it further enacted by the authority aforesaid, That said Receiver and Collector shall receive the same compensation, and be subject to the pains and penalties, as are now prescribed by law. SECTION 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. Approved, December 21, 1849.

Page 389

AN ACT to alter the time of holding the election for commissioners of the town of Greenesborough, and to alter and change the manner of electing the marshal of said town. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the election for commissioners of the town of Greenesborough shall be held on the first Saturday in January of each year, under the same rules and regulations as are now pointed out by law for the election of said commissioners. SECTION 2. And be it further enacted, That a marshal for said town of Greenesborough shall be elected every year on the first Saturday in January, and that all persons who are now by law entitled to vote for commissioners of the town of Greenesborough shall be entitled to vote for marshalany law to the contrary notwithstanding. Approved, January 26, 1850. AN ACT to appoint the Justices of the Inferior Court of the county of Laurens commissioners of the town of Dublin in said county, and to authorize said commissioners to sell and dispose of a portion of lot No. 232 in the 1st district of originally Wilkinson now Laurens county, known as the commons of said town. WHEREAS by an act of the Legislature assented to the 13th day of December, 1810, entitled an act to fix the site of the public buildings in Laurens county, certain persons therein named were appointed commissioners and authorized to purchase or procure by donation any quantity of lands, not exceeding two hundred two and a half acres, at or within two miles of the place known by the name of the Sand Bar, on the Oconee river, as a site for the public buildings in the county of Laurens, c.; and whereas under the authority vested in said commissioners by said act, they purchased one half of lot number 232 in the 1st district of originally Wilkinson now Laurens county, and in laying out the same into town lots reserved a portion as town commons, which still remains undisposed of; and whereas by an act assented to the 14th of December, 1819, certain other persons therein named were declared to be successors to those appointed by the above recited act, since the death or resignation of whom none others have been appointed, whereby there is no authority now vested in any person or persons who may sell or dispose of the said town commons:

Page 390

SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior Court of the county of Laurens, be and they are hereby declared to be successors to those appointed by the above last recited act, and what may be done by them, or a majority of them, in pursuance of the duties assigned the commissioners appointed by authority of the said above recited acts, be hold as good and valid in law as if the same had been done by said original commissioners. SECTION 2. And be it further enacted by the authority aforesaid, That the proceeds of the sale of said town commons be paid over by said commissioners to the treasurer of said county of Laurens and become a portion of the county funds. SECTION 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. Approved, December 21, 1849. AN ACT to repeal an act entitled an act to appoint county Treasurers and define their duties so far as relates to the counties of Troup, Carroll, Crawford, Murray, Monroe, Montgomery, Pike, Appling, Randolph, Warren, Fayette, Chatham, Cherokee, and Stewart, and to give to the people of said counties the election of Treasurer. SECTION 1. Be it enacted by the Senate and House of 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 so far as the same relates to the counties of Troup, Carroll, Crawford, Murray, Monroe, Montgomery, Pike, Appling, Randolph, Warren, Fayette, Chatham, Cherokee and Stewart. SECTION 2. Be it further enacted, That from and after the passage of this act, the election of county Treasurer of the counties of Troup, Carroll, Crawford, Murray, Monroe, Montgomery, Pike, Appling, Randolph, Warren, Fayette, Chatham, Cherokee, and Stewart, be and the same is hereby given to the people of said counties entitled to vote for members of the General Assembly. SECTION 3. And be it further enacted by the authority aforesaid, That on the first Monday in January next, and on the first Monday in January every two years thereafter, the voters of said counties are hereby empowered to proceed to said election as of other county officers to be elected on that day as now regulated by law, and that the said Treasurers [Illegible Text] elected be required to give bond and security and be

Page 391

liable to all pains and penalties in the same manner as such officers are now by law regulated and bound. SECTION 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. Approved, December 20, 1849. AN ACT to alter and amend the several acts of this State so as to authorise the Treasurer of the poor school fund of the county of Jasper to take and retain a commission out of said fund. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, it shall and may be lawful for the Treasurer of the poor school fund of Jasper county, and he is hereby authorized to take and retain a commission of six and a fourth per centum for receiving and paying out said poor school fund out of said fund. SECTION 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. Approved, January 26, 1850. AN ACT to regulate vendue masters in the city of Darien. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That all laws and parts of laws laying a tax upon the sales of vendue masters in the city of Darien and for licensing them and requiring them to make a quarterly return to the Treasurer of the State of the amount of their sales, be and the same are hereby repealed. SECTION 2. And be it further enacted by the authority aforesaid, That the corporation of said city shall annually appoint two vendue masters and shall take bond in such a sum as the said corporation may from time to time order and ordain by law with two good and sufficient securities for each vendue master so appointed, payable to the corporation of said town and their successors in office, conditioned for the faithful performance of the duties required of vendue masters in and by the existing laws of this State, and upon the execution of such bond and on the payment of such a sum as the said corporation by law shall order and ordain for

Page 392

the use of said corporation, shall issue to each person so appointed a license authorizing him to act as vendue master in said city of Darien for one year. SECTION 3. And be it further enacted by the authority aforesaid, That every vendue master appointed as aforesaid by the corporation aforesaid, shall keep a book in which shall be entered every article by him sold at a public auction and the price at which the same was sold, and shall quarterly in every year cast up the amount of his sales and prepare a return thereof to be handed to the Treasurer of the city aforesaid, which return shall be sworn to before some officer of the State authorized to administer oaths, and shall within thirty days after the expiration of either quarter pay to the Treasurer aforesaid for the use of the corporation aforesaid, a tax or duty of one per cent. on the amount of such returns. SECTION 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. Approved, February 22, 1850. AN ACT to repeal an act passed on the twenty-second day of December, eighteen hundred and forty-three, authorizing the Governor of the State of Georgia to sell the Western and Atlantic Railroad for a sum not less than one million of dollars. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority as aforesaid, That from and after the passage of this act, that so much of the act of 1843 as authorizes the Governor to sell said Railroad be and the same is hereby repealed. Approved, February 23, 1850. AN ACT to authorize and direct the Chief Engineer of the Western and Atlantic Railroad to have a turn-out made on the State Road in Cass county, near Etowah river, at such place as [Illegible Text]. Stovall and Lother shall designate, upon certain conditions therein named. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Chief Engineer of the Western and Atlantic Railroad be authorized and directed to have constructed a turn-out on the Western and Atlantic Railroad in the county of Cass, at

Page 393

such place near the Etowah river as Messrs. Stovall and Lother shall designate: Provided, the said Stovall and Lother shall pay all expenses incurred in making said turnout, and load all cars loaded at said turn-out by them at their own expense, and take receipts for the freight from the agent at the next depot below said turn-out. Approved, February 11, 1850. AN ACT to provide for the collection and safe keeping of the revenues of the Western and Atlantic Railroad, to punish those who may attempt to defraud the same, and for other purposes therein contained. SECTION 1. Be it enacted by the Senate and House of 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 Treasurer of the Western and Atlantic Railroad shall give a bond with good and sufficient security payable to the Governor of this State and his successors in office in a sum of not less than twenty or more than fifty thousand dollars for all monies which may come to his hands, to be approved by the Governor. SECTION 2. And be it further enacted by the authority aforesaid, That each and every person connected with the Western and Atlantic Railroad, whose business and employment require the collection and disbursement of money, [Illegible Text] into whose hands money may come, shall give bond with good and sufficient security payable to the Governor and his successors in office in such sum as he and the Chief Engineer may by order from time to time specify and direct. SECTION 3. And be it enacted by the authority aforesaid, That any officer or other agent of the said road into whose hands may come any money belonging to the State, derived from the business or operations of said road, who shall fail or refuse on the written demand of the Chief Engineer to pay over or otherwise faithfully account for the same, shall be held and deemed as guilty of embezzlement, and liable to indictment in the Superior Court, and on conviction thereof shall be sentenced to hard labor in the Penitentiary for a term of not less than two or more than seven years. SECTION 4. Be it further enacted by authority aforesaid, That all monies paid out by the Treasurer of the Western and Atlantic Railroad shall be upon the warrant of the Chief Engineer. SECTION 5. Be it further enacted by the authority aforesaid, That it shall be the duty of each and every locomotive engineer employed on said road before entering upon his duty to take and subscribe the following oath: [Illegible Text], A. B. do solemnly

Page 394

swear (or affirm as the case may be) that I will make and return to the office of Chief Engineer a true appraisement of the value of every horse, cow, hog, or other domestic animal killed by engine or train so far as I may know, so help me God; which oath or affirmation shall be filed in the office of the Chief Engineer, who shall cause payment therefor to be made to the owner upon his application; and in case the owner is dissatified with the said appraised value, it shall be his duty to appoint one appraiser and the Chief Eugineer another, who together with said the locomotive engineer shall finally settle the sum to be paid for the stock so killed. SECTION 6. And be it further enacted by the authority aforesaid, That the Governor shall not sell at any time any part of the right of way heretofore acquired by the State, nor any property or land that may be necessary now or at any other time for the crection of depots, wood yards, or water stations, or for any other improvement necessary or convenient to said road. SECTION 7. And be it further enacted by the authority aforesaid, That the Governor and Chief Engineer be and they are hereby authorized and empowered to adopt such rules and regulations for the government and managment of said road as they [Illegible Text] deem conducive to the public interest, not inconsistent with the constitution and laws of this State, which shall be recorded, from time to time as they are adopted, in one or more order books to be kept for that purpose. SECTION 8. And be it further enacted by the authority aforesaid, That the ninth section of an act assented to the 29th December, 1838, entitled an act to authorize the sale of scrip or certificates of State debt, and to enlarge the duties of the commissioners of the Western and Atlantic Railroad of Georgia, be and the same is hereby repealed. SECTION 9. Be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to more effectually provide for the maintenance and protection of widows and orphans. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from [Illegible Text] after the [Illegible Text] of this act, in case any husband shall [Illegible Text] [Illegible Text] a wife and child or a wife and children or an [Illegible Text] child or children under age, and the whole estate of said deceased shall not be more than sufficient to pay the

Page 395

debts of said deceased, then and in that case the said wife and child or children or orphan shall be permitted to hold and enjoy for their support and maintenance, free from levy and sale for any debt or demand which existed against the husband or father at the time of his death, the sum of one hundred dollars worth of such effects as they or their guardians may select for their welfare and comfort. SECTION 2. And be it further enacted, That it shall in all such cases be the duty of the Clerk of the Court of Ordinary to make the valuation and set apart the property which is declared to be exempt from levy and sale under the provisions of this act, and report the same to the Court of Ordinary, whose duty it shall be to order said report to be recorded on the minutes of said Court, and the property contained in said report shall be and it is hereby declared to be vested in said widow and child or children or orphan or orphans, for the purposes herein before specified. SECTION 3. And be it further enacted, That nothing herein contained shall be so construed as to take from widows and orphans any property and rights now allowed them by law. SECTION 4. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. Approved, February 23, 1850. AN ACT to allow the widow and children of deceased persons a support out of the estate of the deceased for the term of twelve months after the decease in cases where no administration has been granted on the estate of the decased, and to ascertain the amount necessary for the support and set apart the same, and to exempt it from levy and sale for the debts of the deceased or by an administration, and to vest the title thereof in the family of the deceased. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, when any person shall die leaving a widow and children or a widow or child or or children or a widow and child, and no administration is granted by the proper authority on the estate of the [Illegible Text], the widow and child or children or either of them shall be allowed a reasonable support and maintenance out of the estate of said deceased for twelve months after the death of said deceased, notwitstanding any debts, dues and obligations of said deceased.

Page 396

SECTION 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the Justices of the Peace of the several militia districts in this State, on the application of the widow of any person deceased in their respective districts, or the person having the care of the child or children of the deceased, to go to the late residence of the deceased and assess the sum necessary for the support and maintenance of the family of said deceased for the term of twelve months, and to set apart that amount in money or such property as may be selected by the widow or person having the care of the children of said deceased, if there be no widow, at a fair valuation to be made by the said Justices of the Peace, and the money or property so set apart shall be exempt from levy and sale by virtue of any judgment and from the control of any administrator of said estate afterwards appointed to administer the estate of said deceased, and the title thereto shall vest in the family for their support and maintenance. SECTION 3. And be it further enacted by the authority aforesaid, That it shall be the duty of the said Justices of the Peace to return to the next Court of Ordinary in their county a schedule of the property so set apart for the support of the family of the deceased, with the valuation as fixed by them, together with the amount necessary for the support of the family as determined by them, and the said Court of Ordinary shall order the same to be entered of record by their Clerk in a book to be kept by him for that purpose. SECTION 4. And be it further enacted by the authority aforesaid, That the said Justices of the Peace shall be paid by the applicant the sum of one dollar each for their services, and the Clerk of the Court of Ordinary the same fee for recording the same as he is allowed for recording by law. SECTION 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. Approved, February 22, 1850.

Page 397

RESOLUTIONS WHICH ORIGINATED IN THE SENATE. Report and Resolution on Mandamus. The Select Committee to whom was referred the Message of the Governor in answer to the Resolution of the Senate in relation to the Mandamus issued against him, have had the same under consideration, and ask leave to submit the following Report: The Committee regret to see, in a mandamus nisi issued by his Honor H. V. Johnson, Judge of the Superior Courts of the Ocmulgee Circuit, at the instance of John H. Low, of Henry county in this State, calling on his Excellency George W. Towns, as Governor of the State, to shew cause, on the fourth Monday in February [Illegible Text], or so soon thereafter as counsel can be heard at Milledgeville, why he should not issue a commission to John H. Low, as Clerk of the Court of Ordinary of Henry county in this State, that there is a possibility of a conflict or contest for jurisdiction between the Executive and Judiciary Departments of the Government of the State of Georgiaa thing certainly never contemplated by the framers of the Constitution of the State or the legislators that enacted the laws to carry in into effect; for the one declares that the two Departments shall be separate and distinct, and the other has not enacted that the action of one should await or depend on the decision of the other; and hence there cannot be a conflict without an overreaching in the one or the other. While the Committee would carefully avoid coming in contact, by any legislative enactment, with either the Executive or Judicial Departments of the Government, or attempting as Legislators to control the action of either, under the existing laws of the State, they deem it due to the occasion, and not disrespectful to either the Executive or Judiciary Departments of the Government, to express an opinion as to what the intention of the legislators was that enacted the law which requires the Governor of the State to cause to be commissioned the officers elected under the laws of this State, and therefore recommend the adoption of the following resolution, to wit: Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the commissioning power vested in the Governor by the laws of the State imposes an executive duty, which the Governor is sworn faithfully to perform, and to enable him to

Page 398

do so he is vested with full power in case of a conflict of claims for a commission to the same office to investigate and determine, from all the facts and circumstances, to which of the contending parties the commission ought of right to issue, and to cause the same to be done; and to deprive the Governor of this power, and make him a ministerial officer, would be to compel him to issue to two or more persons a commission to the same office at the same time, provided they each had regular certificates of their election, which would be prima facie evidence thereof; and that the Judiciary has no power or jurisdiction over the same by mandamus, quo warranto, or in any other manner whatever, and that the Governor would for malpractice therein be liable to impeachment. Assented to, February 23, 1850. Resolutions relative to Public Documents. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text], That his Excellency the Governor have collected, arranged and bound in suitable volumes the annual messages of the Governors of this State, the annual reports of the Principal Keeper of the Penitentiary, the annual reports of the Comptroller General and Treasurer, the annual reports of the Chief Engineer of the Western and Atlantic Railroad, the annual reports of the Trustees and Resident Physician of the Lunatic Asylum, and also the reports of the Board of Commissioners of the Deaf and Dumb Asylum. And be it further [Illegible Text] by the authority aforesaid, That the sum of one hundred dollars, or so much thereof as may be [Illegible Text], be set [Illegible Text] for that purpose, to be [Illegible Text] in the general appropriation bill. Assented to, February 23, 1850. Report and Resolution relative to claims against the U.S. Government. The Committee on Finance, to whom was referred the communication from his Excellency the Governor relative to the [Illegible Text] [Illegible Text] of the State of Georgia upon the General Government, [Illegible Text] leave to make the following report: Having [Illegible Text] in the statements of the Governor that the State of [Illegible Text] has a just demand against the [Illegible Text] of the [Illegible Text] States, amounting to the sum of [Illegible Text] 22, as a balance of [Illegible Text] expended by the State for military services in the suppression of Indian [Illegible Text], the

Page 399

payment of which has been refused under the rules of the Treasury Department in auditing the same; and whereas it is believed that some legislative action may be [Illegible Text] and his Excellency having suggested the necessity that the State have an agent at Washington to prepare evidence and prosecute the claims, the Committee propose the adoption of the following resolution: 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 take such steps as he may deem advisable to obtain a settlement of the claim of the State upon the General Government, and if an agent be necessary, that he appoint one for such purpose. Assented to, November 20, 1849. Resolutions relative to the Western and Atlantic Railroad. Resolved, That John Caldwell and Michael Dickson are authorized to commence an action in the county of Walker against the Chief Engineer of the State of Georgia, to try the question of damages alleged to be sustained by them from the failure of the State to make payments according to the contract they had upon the Western and Atlantic Railroad, and that such trial shall be conducted as other cases; and the said Chief Engineer, in defence of the same, shall not plead the statute of limitations, nor defend against the claim for damages by any settlement that did not embrace the consideration and settlement of such damages. And be it further resolved, That the State of Georgia and the parties plaintiff shall be bound by the issue of said case. And be it further resolved by the authority aforesaid, That the Engineer be authorized to pay out of the proceeds of the road, the right of way or any damages which individuals may have sustained in consequence of the Western and Atlantic Railroad running through their landsthe damages to be awarded according to the present law regulating such cases. Approved, February 23, 1850. Resolution relative to the Laws and Journals. Resolved by the General Assembly, That his Excellency the Governor be authorized to furnish the members with a copy each of the Laws and Journals of this Session of the [Illegible Text] Assented to, February 23, 1850.

Page 400

Resolution in relation to the schedule of the Western and Atlantic Railroad. WHEREAS the great amount of bridging on the State Road, its curves and its high embankments, together with the general character of the road and country, render a day schedule absolutely indispensable; and whereas such a schedule has been very properly adopted by the Post Office Department, and should be insisted on by the State of Georgia for all time to come; and whereas efforts may be made from time to time to induce the Post Office Department to change the same: Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That it shall be the duty of the Governor and Chief Engineer of the Western and Atlantic Railroad to run a day schedule on said road, and to insist on the same in all their future contracts with the Post Office Department. Assented to, February 23, 1850. Resolution in regard to the National Monument. Resolved by the Senate and House of Representatives, That his Excellency the Governor be and he is hereby authorized to employ competent persons to prepare a suitable block of Stone [Illegible Text] [Illegible Text], and also a block of marble from Cherokee or Gilmer county, and have the same conveyed to Washington City and placed at the disposal of the building committee of the National Monument to the memory of the Father of his Country. Assented to, February 20, 1850. Resolution [Illegible Text] Education. Resolved by the Senate and House of Representatives of the State of Georgia, That his Excellency the Governor be requested to appoint three suitable persons as a committee to enquire into the state of Education in Georgia, to report to the next [Illegible Text] on the operation of the present poor school laws, to recommend any alteration in the same that may to them seem advisable, or to suggest a plan for general education if considered by them expedient, accompanied by a suitable bill for carrying out the same: Provided, that the same can be done without cost to the State or cost upon the school fund. Assented to, February 23, 1850.

Page 401

Report and resolutions on memorial of Howell Cobb. The joint Select Committee to whom [Illegible Text] referred the memorial of Howell Cobb, of Houston, beg leave to report that they have examined the [Illegible Text] of the proposed publication, (the Criminal Statutes of [Illegible Text] and believe that the book will be one of much practical utility, more particularly to Justices of the Peace, who usually in the first [Illegible Text] issue the processes by which an offender is brought to trial. It must be [Illegible Text] for the Committee to occupy much time in [Illegible Text] upon the necessity of this kind of [Illegible Text] having all the aid which can be possibly afforded, in order that his [Illegible Text] may be correct, for if they are incorrect, the offender is usually discharged upon habeas corpus and [Illegible Text] another arrest by removing beyond the reach of the violated law. This publication is intended to present to Justices of the Peace all the forms necessary to be observed in issuing their warrants, the examination of the accused and the [Illegible Text] to support the charge, the commitment or bailing of the [Illegible Text], and the certificate necessary to the legal [Illegible Text] of the acts of the Justice. This forms the first chapter of the work. The next chapter contains the requisites of bills of indictment and the rules of pleading. In this chapter may be found the various pleas which may be required in any and every possible stage of the prosecution from beginning to end. The next chapter of this work contains the Penal Statutes of the State, with the forms necessary in prosecuting offenders under each. When it is remembered that the forms of pleading under Penal Statutes is materially different from those used in prosecutions under the Penal Code, this feature of the work must be considered very important. Then follow in their order several chapters embracing the entire Penal Code. Where Prince makes a division, the contemplated publication makes a chapter. In these chapters, the law is [Illegible Text] in the same manner as it is found in Prince, dropping out, however, the repealed legislation and inserting the new. At the end of each chapter, designated by numbers, are [Illegible Text] the forms of the bills of indictment required under each section. The last chapter contains the statutes which relate to the [Illegible Text]. An appendix is added which contains the rules of practice adopted by the Judges in convention. The above is a brief statement of the subject matter of the proposed publication; and although the Committee have not the time necessary for a very thorough and particular examination of the proposed work, yet from the examination bestowed on it, they are of the opinion that it will be highly

Page 402

useful, particularly to Justices of the Peace. Your Committee [Illegible Text] [Illegible Text] the opinion that no money of the Treasury can be better spent than that spent in acquainting the people with the laws, and the officers of the law with their duty. They therefore offer the following resolutions: Resolved 1st. That his Excellency the Governor be and he is hereby authorized and requested to appoint a Committee of competent members of the bar, to whom the manuscripts of the proposed work shall be submitted. Resolved 2d. That should said Committee report favorably of said proposed publication, then his Excellency the Governor be authorized and requested to subscribe for five hundred copies as he may deem proper for the use of the State: Provided, that not more than one dollar and fifty cents per copy shall be allowed the publisher upon the delivery of the number designated by his Excellency the Governor, at the Executive office, well bound and in good order. Assented to, February 23, 1850. Resolution relative to the standard Weights and Measures of this State. Resolved by the Senate and House of Representatives, That his Excellency the Governor be requested to furnish the several counties in this State with weights and measures in compliance with an act passed December 23, 1839, so far as respects the counties which have not been furnished in compliance with said act. Assented to, February 23, 1850. Resolution to [Illegible Text] a resolution passed on the 10th day of December, 1838, prohibiting engineers employed on the Western and Atlantic Railroad from purchasing any land within three miles of the line of said Railroad. WHEREAS the Legislature of the State of Georgia did on the 10th day of December, 1838, pass a resolution prohibiting any and all engineers employed on the Western and Atlantic Railroad from purchasing land within three miles of the line of said Railroad: Resolved by the Senate and House of Representatives, That the said resolution be and the same is hereby [Illegible Text], and that all and any engineer employed on said Railroad be and they are hereby authorized and permitted to purchase lands as any other citizen of this State. Assented to, February 23, 1850.

Page 403

Resolution about the Penitentiary. Resolved by the Senate and House of Representatives, That it shall be the duty of the Principal Keeper of the Penitentiary to have executed by the convicts, the [Illegible Text] and [Illegible Text] which may be necessary to extend the Milledgeville and Gordon Railroad to a depot to be placed on the vacant ground in the Penitentiary square north of the Courthouse and east of the Penitentiary; and also to grade the ground which may be laid out for a depot, the whole to be done with as little delay as practicable; Provided, that the Principal Keeper shall be allowed to construct a turn-out near and for the use of the Penitentiary; And provided further, that said road shall be run through or near the Penitentiary grounds in such manner and direction as the Governor may approve. Assented to, February 23, 1850. Resolution relative to Delegates to Nashville Convention. 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 inform the Honorable M. Hall [Illegible Text], Charles J. McDonald, Charles Dougherty, and William Law of their election as Delegates to the Southern Convention to be held at Nashville in June next, and request their acceptance; and that in case they or either of them shall refuse to accept the appointment by the first of May next, it shall then be the duty of the Governor to appoint some suitable person in the place of such Delegate so refusing to accept, from the party in which the vacancy occurs; and in case of a vacancy from any other cause, the Governor is hereby authorized to fill such vacancy. Assented to, February 23, 1850. Resolution relative to claims of the State of Georgia against the General Government. WHEREAS a resolution has been passed by this General Assembly authorizing his Excellency the Governor to appoint an agent, if in his judgment he should deem it expedient, to press the claims of the State of Georgia against the General Government for advances made in the Creek and Seminole wars; and whereas the Central Bank holds certain claims against the General Government, also: now in order to save to the State the expenses which

Page 404

would be incurred by the appointment of an additional agent to attend to these latter claims, be it therefore Resolved by the Senate and House of Representatives of the State of Georgia, That the Director of the Central Bank be and he is hereby required to forward all the claims which the Central Bank holds against the General Government, together with all the evidence upon which said claims are based, to the said agent of the State now in Washington City, and direct him to urge the settlement of the claims due the Central Bank, and the said agent is hereby required to act in accordance with these instructions. Assented to, February 23, 1850.

Page 405

RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. Report of the Committee on the State of the Republic. The Joint Committee on the State of the Republic, to which was referred those portions of the Governor's Message and the several bills and resolutions relating to the subject of slavery, introduced into either branch of the Legislature, beg leave to report; That they have given the most deliberate and solemn attention to the various suggestions embraced in propositions submitted to them, referring to the subject of slavery, and have, with minds fully impressed with the great significance that must be given to any action whatever on this matter at the present hour, arrived at the conclusion that we should, as far as the State of Georgia is [Illegible Text], recommend such action as shall compose the public mind, suppress any further agitation of a [Illegible Text] in which for more than twenty years the South has been constantly worsted, or propose some efficient and practical measures that shall prove the sincerity of our complaints, and at the same time redress our wrongs. It is vain to deny that we, the injured party, have, for a series of years, by a vacillating and temporising policy, only assured the courage of our assailants, and invited, by an excessive sensibility, on the subject of the ultimate consequences of decisive action, further and still more iniquitous experiments upon our forbearance and patience. The best defence of liberty is the first blow stricken in its defence, and for the first right violated. With all the accumulated injury of fifteen years that we have had to endure from the anti-slavery States, and that we so sensibly feel to-day, we yet do not feel more keenly, nor do we express more forcibly our sense of this outrage, than did the Legislature of Georgia twenty-two years ago upon the bare proposition of the friends of colonization to vote an appropriation for the removal of free negroes to Liberia. Yet the Joint Committee on the State of the Republic in the year 1827 declared, in reference to this subject, so harmless in the comparison with the audacity of recent legislation, that they could not help reprobating the cold-blooded [Illegible Text] or unthinking [Illegible Text] which actuates many of our fellow citizens in other States to an interference with our local concerns and domestic relations totally unwarranted either by humanity or constitutional right. Such interference is becoming every day more determined

Page 406

and more alarming. It commenced with a few unthinking zealots, who formed themselves into abolition societies, was seized upon by more cunning and designing men for political purposes, and is supported by more than one of the States, as is evident from the amendments to the constitution proposed by legislative bodies, and so frequently and indeed insultingly presented for our approbation. The result of such interference, if persevered in, is awful and inevitable. The people of Georgia know and strongly feel the advantages of the Federal Union. As members of that Union, they are proud of its greatness; as children born under that Union, they will ever defend it from foes internal as well as external; but they cannot and will not, even for the preservation of the Union, permit their rights to be assailed, they will not permit their property to be rendered worthless, they will not permit their wives and children to be driven as wanderers into strange lands, they will not permit their country to be made waste and desolate by those who come among us under the cloak of a time-serving and hypocritical benevolence. How then is the evil to be remedied? Only by a firm and determined union of the people and the States of the South, declaring through their legislative bodies, in a voice which must be heard, that they are ready and willing to make any sacrifice rather than submit longer to such ruinous interference, and warning their enemies that they are unwittingly preparing a mine, which once exploded will lay our much beloved country in one common ruin. Such language as this the patriotic guardians of our State thought the crisis of 1827 justified. Who now, with the lights of 1849 before him, and the enormities of Northern aggression since the days of this remonstrance, but feels that either the grievances of twenty years ago were vastly exagerated, or we have suffered that quick resentment and sensibility to wrong to fall into decay, and our minds to become patient and calm under [Illegible Text] which would have been intolerable to the high spirits of that day. But it may be urged in defence of the long suffering of the South, that her attachment to this Union has been akin to a sacred devotedness, that from no [Illegible Text] spirit of profit or of [Illegible Text] have we clung to it with such tenacity that a quarter of a century of [Illegible Text] upon our rights and of paltering with our capability of endurance, has barely been enough to induce us to count the value of it. With the whole South this Union has been regarded as dear to us from a higher, a nobler appreciation than because it promoted the general welfare. It has been dear to us because purchased with the blood of our fathers, because transmitted to us with their benedictions, and because we had hoped under its sway to see human liberty and human progress advanced to that point that should give the name of American freedom as a

Page 407

guaranty for any future experiments in self-government. Though often charged with a reckless and restless spirit, which was not submissive to constitutional restraints, the South boldly meets this charge by asking when did we ever cause collision between members of this Union by any aggressive legislation, by a distrustful, a self-seeking or a domineering policy? When did the South, by stretching the powers of the government, excite alarm or jealousy? When did she insult the self-respect of any member of this confederacy by contemptuous comparisons or by a pragmatical and patronising interference with the internal policy and interest of any State? Or when did her pulpit lend itself to fan the flame of civil discord, or when in our borders was the temple of the living God made the theatre of display for the [Illegible Text] hate of brother against his brother? Let these reproaches fall where they are deserved. The South has no dread of them. From the earliest date of the slavery controversy, the South has [Illegible Text] a yielding and conciliatory spirit, for it will be hard indeed for any one to show the slightest mutuality in the concession made on the part of the South of all representation of two-fifths of her slave population. Can any fair reason be urged why the South should not have entered into this Confederacy claiming a full representation for this species of property? If taxation implies a correlative right of representation, then was the Southern slaveholder unjustly treated, when it was demanded of him that before he could enter this Union as a citizen he must first surrender the right of having two-fifths of his slaves represented, when that two-fifths were as certainly taxed on all articles of their consumption as were their masters. But yet the South yielded this point. She consented also to abolish the foreign slave trade, by which she might have cheaply supplied herself with slave labor; and when the northernmost slave States thought fit to abolish the institution in their borders, she interposed no obstacles or vexatious hindrances, though it might have been clearly foreseen that this result would have been fruitful of trouble to those States that would find their necessities or their convenience demanding a continuation of the system. In every interference with the question of domestic slavery by the North, she has failed and failed signally to justify her course by any reason of a purely political character and much less by such political reasons as are to be found in or tolerated by our Constitution. There could be no other complaint reasonably urged by the North against the existence or the extension of [Illegible Text] slave property of the South, but that the federal representation claimed for it was unequal and therefore unjust towards the North; but as we have seen the only inequality in this thing is against the South, and not in her favor, it then resolves itself into this, that this government so restricted in

Page 408

the exercise of all power, is to be allowed to turn propogandist, and devote its best energies to the driving through, against all resistance of plighted faith, of constitutional law, against all claims of right, justice or fraternity, a moral reform that has first and last for its object a [Illegible Text] [Illegible Text] from our midst of what is denounced as a gross immorality, and a determination to give practical effect to the idea that this government as a government [Illegible Text] the sin of slavery. It is the first and last instance furnished by our history in which this government has thought it rightful or expedient to subsidize religious agencies by the strong [Illegible Text] of political power. It would require but one short step further in this attempt to regulate a matter of conscience, to see our duty clearly dictating a union of Church and State. We feel it to be unnecessary to trace this controversy step by step to its present critical if not perilous stage. If we should do so with the minutest fidelity, its history would at every turn only show how reluctant the South has been to [Illegible Text] the grave matters in issue to that extremity which would leave the true friends of harmony and union nothing to hope. It has been [Illegible Text] fault that we in every instance invited imposition by indicating a yielding disposition which only required to be hard pressed to grant the most extravagant requisitions. So it was in the controversy with the antislavery States which gave birth to the Missouri Compromise. In this misnamed surrender of Southern rights, who can show a particle of consideration passing to the South? Where, in this one-sided Compromise, is there to be found the least reciprocity? Yet we gave in to this unreasonable and unjust requirement, and avowed a love for this Union which would not suffer us to part with it, though the North was [Illegible Text] to make us pay in valuable and unrighteous concessions for every day of its existence. This Compromise, by which we bought our peace for more than a quarter of a century, we observed with [Illegible Text] honor; and when in the course of events it came to the turn of this portion of the Union to be benefited by the operation of that law, we find the Northern States unblushingly [Illegible Text] their own contract, and when called upon to reaffirm their own long expressed [Illegible Text] of this Compromise, they refused to do so, and as evidence of their [Illegible Text] purpose to evade their plighted faith, they sought to organize a territory embraced in the spirit of this Compromise, (by which every thing had been for years secured to them,) upon the anti-slavery basis, in the unmitigated and [Illegible Text] shape of the Wilmot proviso. The North now [Illegible Text] the Missouri Compromise, because of the inevitable [Illegible Text] involved in that law, that if north of 36 30 slavery is prohibited, south of that line it may exist. Passing over the insincerity now so transparent, with which the

Page 409

anti-slavery States opposed to the 21st Rule of the House of Representatives, their specious attacks against that wholesome and conservative check upon fanaticism under the guise of a zeal for the right of petition, we come to the more recent legislation of Congress on the subject of slavery. And now can any Southern man at all conversant with the history of the abolition movement from its inception longer doubt that the first aim of that agitation was a total and final emancipation of our slave property? Why should we [Illegible Text] it? Because of the bad faith involved, was ever treachery and selfishness so blended before in the public conduct of any civilized [Illegible Text] as is involved in the course the North has pursued in regard to this Compromise we have just spoken of? Because of the daring violation of private rights or constitutional provisions and guarantees, can the [Illegible Text] of man go further than several of the Northern States have gone in their practical [Illegible Text] of the laws securing to the South the privilege of reclaiming her refugee slaves; or can any [Illegible Text] improve upon the savage proposition of the last Congress to permit the slaves of the District of Columbia to vote themselves the equals [Illegible Text] their masters? This brings our enemies in one step of the goal they have kept their eyes steadily fixed upon for twenty years, and has brought us too in one step [Illegible Text] the last dishonor that can be reserved for us. They have but to lay their hands on slavery in the States, and we make one more [Illegible Text] and feeble remonstrance, and the great work is finished. In view therefore of the past history of this war upon the peace, the rights, and the safety of the Southin view of its present aspects, and in anticipation of its future progress, we [Illegible Text] to the House for its action the following preamble and resolutions, accompanied by a bill providing for the call of a Convention of the sovereign people of this State. Whereas the people of the [Illegible Text] States have commenced and are persisting in a system of [Illegible Text] upon the Constitution and the rights of a portion of the people of this confederacy, which is alike unjust and dangerous to the peace and perpetuity of our cherished union: be it 1st. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text], That the Government of the United States is one of limited powers, and cannot rightfully exercise any authority not conferred by the Constitution. 2d. Resolved, That the Constitution grants no power to Congress to prohibit the introduction of slavery into any territory belonging to the United States. 3d. Resolved, That the several States of the Union [Illegible Text] to the confederacy upon terms of perfect equality; and that the rights, privileges, and immunities secured by the Constitution belong alike to the people of each State.

Page 410

4th. Resolved, That any and all territory acquired by the United States, whether by discovery, purchase, or conquest, belongs in [Illegible Text] to the people of each State, and [Illegible Text] the people of each State and every State have a common right to emigrate with any property they may possess; and that any restriction upon this right which will operate in favor of the people of one [Illegible Text] to the exclusion of those of another, is unjust, oppressive and unwarranted by the Constitution. 5th. Resolved, That slaves are recognized by the Constitution as property; and that the [Illegible Text] [Illegible Text], whether applied to any territory at any time heretofore acquired, or which may be hereafter acquired, is unconstitutional. 6th. Resolved, That Congress has no power, either directly or indirectly, to interfere with the existence of slavery in the District of Columbia. 7th. Resolved, That the refusal on the part of the non-slaveholding States to deliver up fugitive slaves who have escaped to said States, [Illegible Text] proper demand being made therefor, is a plain and palpable violation of the letter of the Constitution, and an intolerable outrage upon [Illegible Text] rights; and that it is the imperative duty of Congress to pass laws providing for the enforcement of this provision of the Constitution by [Illegible Text], judicial, and ministerial officers responsible to the Federal Government. 8th. Resolved, That in the event of the passage of the Wilmot Proviso by Congress, the abolition of slavery in the District of Columbia, the admission of California as a State in its present pretended organization, or the continued refusal of the non-slaveholding States to deliver up fugitive slaves as provided in the Constitution, it will become the immediate and imperative duty of the people of [Illegible Text] State to meet in convention, to take into consideration the mode and measure of redress. 9th. Resolved, That the people of Georgia entertain an ardent feeling of [Illegible Text] to the union of these States, and that nothing short of a [Illegible Text] in the present system of [Illegible Text] upon our rights by the non-slaveholding States can induce us to [Illegible Text] the possibility of a dissolution. 10th. Resolved, That his Excellency the Governor be requested to forward copies of these resolutions to each of our Senators and Representatives in Congress, to the Legislatures of the [Illegible Text] States, except Vermont and [Illegible Text], and to the President of the United States. Assented to, February 8th, 1850. Resolution to direct the Reporter of the Supreme Court to send back volumes of the reports to the counties.

Page 411

Resolved by the General Assembly, That the Reporter of the Supreme Court be directed to send, with the acts of each General Assembly to each [Illegible Text] respectively, all the back volumes of reports to which the officers of such county may be entitled. Assented to, February 23, 1850. Report and resolution on the memorial of G. W. Towns in relation to certain grants for lots of land. Mr. Harris, from the Special Committee to whom was referred the memorial of G. W. Towns, praying an investigation into the rights of certain persons to grants for certain lots of land therein specified, reports that they have had the same under consideration, and beg leave to report: That this is an application by G. W. Towns, asking of the Legislature an expression of its opinion as to whom grants shall issue in the existing [Illegible Text] of claims between himself and other persons to fractional lot No. 267 and lots of land Nos. 263 and 264 in the first district of originally Muscogee now Macon county. The Committee on examination find that these three lots of land were purchased by the memorialist at public sale, ordered in pursuance of an act of the last General Assembly entitled an act to [Illegible Text] the Governor to appoint fit and proper persons to sell and dispose of the undrawn lots in the land lotteries heretofore had in this State, and to limit the time for fraction purchasers to pay for and to take out grants for fractions. There is no controvery as to the regularity of the sale. The difficulty as to who is the proper owner of fractional lot No. 267, has arisen from the fact that there have been two several surveys of the district in which it is situated. Under the first survey, the land in this district was disposed of by lottery, and James Scott of Swain's district, Emanuel county, became the fortunate drawer of lot of land No. 267, for which a grant issued by the State on the first of October, 1827. The present [Illegible Text], John Usry, has a regular chain of title from the drawer to whom it was granted down to himself: said grant having been issued before the re-survey of said district, and the same located upon lot No. 267 of the first survey, which said lot, No. 267 of the first survey, has been long in the possession of said Scott and those claiming under him. It having become apparent that great errors had been committed in the first survey of the district in question, the Legislature of the State ordered a new and perfect survey of the same, in the meantime making provision for protecting the rights of those fortunate drawers who might have

Page 412

located their grants under the first survey upon lands the boundaries of which might not be the same as those of the like numbers under the new survey Your Committee deem any further reference to these legislative provisions [Illegible Text] and not demanded by the question in issue, as in their judgment the rights of these parties are in no wise affected by them. We have given the original plats of both the first and [Illegible Text] surveys of said district, now of file in the Surveyor General's office, a careful [Illegible Text], and by comparing the plat and grant issued to Scott, the drawer under whom Usry claims, with each of the surveys, the Committee have fully and satisfactorily arrived at the conclusion that whatever contest may hereafter arise between the memorialist and other parties in [Illegible Text] of the variations between the two surveys, that none [Illegible Text] exist between him and Usry, as it is evident that lot No. 267, granted to James Scott under the first survey, is not the same territory bought by G. W. Towns as fractional lot No. 267 in said district. And the Committee are therefore of opinion that the said George W. Towns is entitled to a grant for said fractional lot under terms of the sale at which he purchased it. The [Illegible Text] between the memorialist and the estate of James A. [Illegible Text] in relation to lots of land Nos. 263 and 264 in the same district, [Illegible Text] upon different grounds. There is no dispute [Illegible Text] to the regularity of the sale or the identity of the lots. These, like No. 267 of the new survey, had been reported to the Governor as undrawn lots, as we are informed by the late Surveyor General, and they were all included together in the same advertisement of sale under the executive order pursuant to the act of the last Legislature. No notice was given at the sale by the representative of Everett of any supposed claim to said two lots, and they were knocked off to the memorialist, he being the highest bidder for the same. Not until after the sale was it communicated to the executor of Everett by one of the State House officers, and from [Illegible Text] this information is obtained, that the receipt books of fraction [Illegible Text] in the Treasury department, contained evidence that Everett had paid three instalments upon a supposed purchase of these two with several other lots, there being no return or [Illegible Text] in said office of the sale, or evidence of the first payment having been made. These entries of money paid into the Treasury by Everett on account of these two lots gave rise to the presumption that he had bought the [Illegible Text] at a former sale of undrawn lots made by the Sheriff of Macon county under legislative authority, [Illegible Text] hence the claim now interposed. Our investigations have satisfied us that the Sheriff of Macon, who sold these lots, made no return of the sale to the

Page 413

proper department in Milledgeville, having, as we learn upon reliable authority, [Illegible Text] soon after the sale. This committee offer no opinion as to the sufficiency of the evidence afforded by the entries in the fraction sales receipt book that Everett did become the purchaser of these lots at the sale made by the Sheriff of Macon county, nor do we feel called upon to say what amount of money, if any, should be refunded to Everett's estate on account of the payments made by him as noted on the receipt book of fraction sales. Our attention is only called to the question of the right to the grants of said two lots of land. The Legislature has at various sessions made provision for the relief and protection of purchasers of the undrawn lots of the State, and at its session in 1847 an act was passed providing, among other things, that in all cases where purchasers of fractions should not take out grants for the same by the first day of November, 1848, the same should revert to the State. Neither Everett in his life time, nor his executor since his death, have availed themselves of the benefit of either this act or an act assented to 21st of December, 1843, declaring that all lots of land not granted by the first of October, 1844, should be forfeited to the State, but said two lots, Nos. 263 and 264, remained ungranted up to the day of sale in February last, when the memorialist became the purchaser; and therefore the rights to the grants had lapsed to the State, even if sufficient proof was adduced of the purchase and the payment of the purchase money by Everett. Your Committee are therefore of opinion that George W. Towns, as the purchaser at the sale in February last, without any notice of a prior sale of, or supposed claim to, said lots, is entitled to grants for the said two lots of land Nos. 263 and 264, in the first district of originally Muscogee now Macon county, under the terms and conditions of said sale; and they recommend the adoption of the following resolution, to wit: Resolved, That it is the sense of the present General Assembly of Georgia that George W. Towns is [Illegible Text] to grants for fractional lot No. 267 and lots of land Nos. 263 and 264 in the first district of originally Muscogee now Macon county, under the terms and conditions of the sale at which he became the purchaser of the same, under an [Illegible Text] order pursuant to an act of the last General Assembly of this State. Assented to, December 19, 1850. Resolution to authorize the Governor to send books upon application, c. Resolved, That upon the application of the Justices of the

Page 414

Inferior Court of any county in this State, his Excellency the Governor be and he is hereby authorized to have forwarded such books as he in his judgment may deem necessary for the proper administration of justice in the same. Assented to, February 23, 1850. Resolution of thanks to certain officers, reported by the Committee on the Military. WHEREAS, in the late war with Mexico, several of the officers from the State of Georgia, and natives of the same, were distinguished in the campaigns for their general services and high bearing in their respective positions in the Army of the United States, and particularly so for gallant and [Illegible Text] services in battle: Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the thanks of the people of Georgia are due, and are hereby tendered through their Representatives, to the following named officers: 1st. To Brevet Major Philip R. Thompson, First U. S. Dragoons, for his gallant and meritorious conduct in the battle of Sacramento, Feb. 28th, 1847. 2d. To Brevet Major Henry C. Wayne, First Artillery, and Assistant Quarter-Master, U. S. Army, for his gallant and meritorious conduct in the battles of Contreras and [Illegible Text], August 20, 1847. 3d. To [Illegible Text] Major George Taylor, third Artillery U. S. Army, for his gallant and meritorious services in the battle of Huamantla, October 9th, 1847. 4th. To Surgeon John M. Cuyler, U. S. Army, for his gallant bearing in the performance of his duty under fire with his regiment in the battles of Vera Cruz, Cerro Gordo, Contreras, [Illegible Text] and City of Mexico. Resolved further by the authority of the same, That the thanks of the General Assembly of Georgia be tendered to Brevet Captain Henry Coppee, 1st Artillery U. S. Army, for his gallant and [Illegible Text] services in the battles of Contreras and [Illegible Text]. Also to [Illegible Text]. Thomas R. McConnell, 4th Infantry U. S. Army, for gallant and meritorious conduct in the battle of [Illegible Text] del Rey. Also to Brevet 1st Lient. B. F. McDonald, 3d Artillery U. S. Army, for gallant and [Illegible Text] services in the battle of [Illegible Text].Also to [Illegible Text]. Robert C. Forsyth, late of the [Illegible Text] of Voltigners, for gallant and meritorious services in the battle of [Illegible Text]. Also to 1st [Illegible Text]. G. T. Anderson, and 2d [Illegible Text]. E. S. Thomas, commanding the Newton County Horse, for services against the [Illegible Text] from Vera Cruz to

Page 415

Jalapa, and at the fight at Huamantla. Also to [Illegible Text]. Wm. Montgomery Gardner, 2d Regiment U. S. [Illegible Text], for services against the Mexicans at San Geronimo, Contreras and Cherubusco. Also to [Illegible Text] David R. Jones, 2d Regiment U. S. Infantry, for services at the battles of [Illegible Text] Gordo, Contreras and other engagements in the late war with Mexico. Also to Capt. Wm. T. Wofford, of Georgia Mounted Battalion of Volunteers, for services [Illegible Text] in a battle with a very superior number of Guerillas at Matesordera. Resolved further, That the thanks of the General Assembly of Georgia be given to Passed Midshipman Richard M. Cuyler, of the U. S. Navy, a native and resident of this State, for the zeal, courage and activity which he displayed in the naval battery at the seige, bombardment and capture of Vera Cruz, in Mexico, on the 25th day of March, 1847. Resolved, That the thanks of the General Assembly of Georgia are given to Passed Midshipman Edward F. Tattnall, of the U. S. Navy, a native of this State, for his gallant conduct and services at the attack on the batteries and capture of Tupsan, and also in the bombardment of the Castle of Vera Cruz. Resolved further, That his Excellency the Governor cause to be transmitted to the officers named in the foregoing resolutions such parts of the same as relate to each of them. Assented to, February 21, 1850. Resolution in relation to the insolvent debts of the Penitentiary. WHEREAS there appears upon investigation of the books and accounts of the Principal Keeper of the Penitentiary, to be a large amount of old and insolvent debts belonging to the institution, running on for many years and kept as the assets of the institution, thereby giving the assets at a much larger amount than there really is, exhibiting the finances of the institution as much larger than is true: Resolved therefore by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the amount of $13,464 50, the amount of insolvent debts belonging to the Penitentiary, as ascertained by the Committee on that institution at the present session, be allowed said Principal Keeper as a credit, and so enterted on the books kept by the Principal Book Keeper as an insolvent list, and that the evidences of said insolvent debts be filed away, subject to the order of the person controlling the institution, and to be safely kept. Assented to, February 23, 1850.

Page 416

Resolution authorizing the Chief Engineer to receive books, papers, c. Resolved by the Senate and House of Representatives of the State of Georga in General [Illegible Text] [Illegible Text] That the Chief Engineer of the Western and Atlantic Railroad be authorized and empowered to receive from his Excellency the Governor the books, [Illegible Text] and all other papers and effects belonging to, connected with or in any wise appertaining to said Railroad, which were deposited in the Executive Department under a joint resolution of the General Assembly, approved December 28th, 1842. Assented to, December 4, 1849. Resolutions relative to the death of Gen. D. L. Clinch. We have heard with pain and regret of the death of Gen. Duncan L. Clinch, distinguished for many years as an officer of the army. He rendered valuable services on every field of duty to which he was assigned. Honor, gallantry, and a faithful discharge of every trust, were his shining virtuesvirtues which go far to redeem the [Illegible Text] incident to human nature, and gild his character with an imperishable halo. When such a man dies, the country mourns. In honor of his memory, Be it [Illegible Text] resolved by the General Assembly, That while in life Gen. Clinch commanded our esteem, in death we mingle our sympathics with his family, friends and fellow-citizens. Be it further resolved, That his Excellency the Governor be requested to furnish his family with a copy of this [Illegible Text] and resolutions. Assented to, December 5, 1849. Resolution to authorize Chief Engineer of the Western and Atlantic Railroad to purchase a negro. WHEREAS Ransom, a negro man hired on the Western and Atlantic Railroad, did, in the year 1845, by his own most strenuonsefforts, and [Illegible Text] for much of the time, save the [Illegible Text] bridge from conflagration when on fire, and thus preserved a property which cost the State seventy-five thousand dollars; and whereas such instances of fidelity and valuable service should be properly noticed and [Illegible Text]; and whereas the purchase of said negro man for the use of said road would afford him a permanent

Page 417

home and is greatly desired by him, and would be a proper reward: Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Chief Engineer of the Western and Atlantic Railroad be authorized to purchase the negro man Ransom for the use of said road: Provided, it can be done upon reasonable terms. Assented to, December 5, 1849. Resolutions in relation to the Committees on the State of the Republic. Resolved by the Senate and House of Representatives, That the Committees on the State of the Republic, appointed by those bodies respectively, be and they are hereby instructed to act jointly on questions and measures referred from either branch of the General Assembly relating to the action of the Federal Government or the Government of any confederate State upon the subject of slavery. Resolved, That all bills, resolutions, memorials, and other papers upon the subject aforesaid, introduced into either House, or received from any sister State, be referred to said Joint Committee, and that they have leave to report by bill or otherwise. Assented to, December 5, 1849. Resolution to authorize the Legislature to take a recess, c. WHEREAS there is an immense accumulation of business before the present Legislature; and whereas the closing of the present session thereof at the usual time would necessarily bring about hasty and inconsiderate legislation, which would be wrong in itself and unjust to the people; and whereas the interesting position of the South in regard to the slavery question, rendered more so by the recent exciting [Illegible Text] at Washington, makes it highly expedient that the Legislature of this State should be in session at and for some time after the reception by Congress of the President's Message: Be it therefore resolved, That the Senate and House of Representatives of the State of Georgia in General Assembly now met, do take a recess from and after the twentieth in stant, and meet again on the second Monday in January next Provided, no member shall be permitted to draw any per [Illegible Text] allowance during said recess. Assented to, December 20, 1849.

Page 418

Resolution relative to the election of the Judges of the Superior Courts. Be it resolved by the Senate and House of Representatives of the State of Georgia in General Assembly convened, That at the next general election for Governor and Members of the Legislature, the people of this State be requested to express their wishes as to the manner in which the Judges of the Superior Courts shall thereafter be elected, by endorsing on on their tickets, By the Legislature, or By the People. Assented to, December 12th, 1849. Resolutions to send Delegates to the Nashville Convention. The Joint Committee on the State of the Republic, to whom were referred certain resolutions of the members of the Legislature of the State of South Carolina, and other resolutions introduced in the House of Representatives of this General Assembly, relative to a proposed Convention of the people of the slaveholding States, recommend the adoption of the following resolutions: Resolved, 1st. That this General Assembly regard most favorably the recommendation emanating from the people of Mississippi, that the people of the slaveholding States meet in Convention at Nashville on the first Monday in June next, as eminently conducive to harmonious and efficient action among them in defence of the institution of slavery, and all the rights incident thereto, guaranteed by the letter and by the spirit of the Constitution. Resolved, 2d. That both branches of the General Assembly will meet in the Representative Hall, on Thursday next at 11 o'clock, for the purpose of sending four delegates from the State at large to the Nashville Convention. Resolved, 3d. That we recommend to the people of this State to send two delegates from each of their Congressional Districts of this State to said Nashville Convention, to be elected on the first Tuesday in April next, by the people of said Districts: and that his Excellency the Governor, by his proclamation to the people of this State, make known the day of election herein designated, to be held as elections are for members of the Legislature, and that the returns of the election so held by the people, shall be made to the Governor as elections for members of Congress by the people are; and upon the returns so made his Excellency the Governor shall, by his [Illegible Text], make known the persons so elected; and in the event any of the delegates so elected shall refuse to accept the appointment by the 15th of May, or if any vacancy shall in any manner occur, then the Governor shall be and he is hereby requested to fill such vacancy by appointment from whichever party the vacancy shall happen.

Page 419

Resolved, 4th. That in the election of delegates to the Convention, we would recommend that the same be done by the election of an equal number from each political party in the several counties in this State. Resolved, 5th. That his Excellency the Governor be requested to forward a copy of these resolutions to the Executive of each slaveholding State, to be laid before the Legislature of each State. Assented to, February 6th, 1850. AN ACT to amend the ninth Section of the third Article of the Constitution of the State of Georgia. WHEREAS the said ninth Section of the third Article of the Constitution of this State is in the following words, to wit: Divorces shall be final and conclusive when the parties shall have obtained the concurrent verdict of two special juries authorizing a divorce upon legal principles; and whereas it is proper that the General Assembly should have the right and power to establish the legal principles upon which divorces should be authorized and allowed: Therefore be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened, and it is hereby enacted by the authority of the same, That as soon as this act shall pass agreeably to the requisitions of the requisitions of the Constitution, providing for its own amendment, the following amendment shall be adopted in lieu of the said ninth Section of the third Article of the Constitution, to wit: Divorces shall be final and conclusive when the parties shall have obtained the concurrent verdict of two special juries authorizing a divorce upon such legal principles as the General Assembly may by law prescribe. Approved, December 28, 1817, and November 22, 1849. [OMITTED IN ITS PROPER PLACE.] NOTE.In the execution of the printing of these laws, critical comparison has been made with the enrolled acts in the Secretary of State's office, which have been strictly followedexcept in the second line on page 123, where, by a typographical error, the word or is printed for and.' It should read California and New Mexico. In a few instances, [Illegible Text] of obvious errors are inserted, but always in [] brackets. STATE PRINTER.

Page 421

INDEX TO THE LAWS. A. ACADEMIES. Camden Centre Village Academy incorporated and trustees appointed, 23 St. Mary's Academyact of 1839 incorporating, revived, 29 Carroll Carrollton Male Academy incorporated and trustees appointed, 26 Coweta Rock Spring Academy do. do. do. 25 Haralson Academy, do. do. do. 25 Longstreet do. do. do. do. 35 Newnan Male and Female Seminary incorporated and trustees appointed, 29 Decatur Attapulgus Academy, additional trustees appointed, 22 Greene Greensboro' Male Academy, trustees empowered to sell certain land; 31 Buena Vista Academy incorporated and trustees appointed, 22 Henry Henry county Academy, number of trustees reduced, 31 Lincoln New Hope Academy incorporated and trustees appointed, 72 Lumpkin Dahlonega Male and Female Academies incorporated and trustees appointed, 26 Macon Marshallville Academy incorporated and trustees appointed, 24 Wellington Academy do. do. do. 34 Union do. do. do. do. 33 Marion Searsville do. do. do. do. 27 Morgan Mallorysville do. do. do. do. 32 Wellington do. do. do. do. [Illegible Text] Murray Spring Place do. do. do. do. 32 Talbot Centreville Male and Female Academy incorporated and trustees appointed, 26 Centreville Academy incorporated and trustees appointed, 34 Talbotton Female Academy, act of 1830 [Illegible Text], amended, 36 Walker Lafayette Female Academy incorporatted and trustees appointed, 30 Wnyne Andrew Academy incorporated and trustees appointed, 21 Wilkinson Harrison do. do. do. do. 28 Shady Grove do. do. do. do. [Illegible Text]

Page 422

ABERNATHY, MILES J. Residence changed from Walker to Murray, 136 ALIENS. Authorized to purchase, hold and devise real estate, 46 AMENDMENT. Laws as to [Illegible Text] Administrators and Guardians amended, 37 Misnomer in judicial proceedings to be amended instanter, 44 Omission to join the name of a necessary party in bringing action amendable without delay, 45 Bills of Exception amendable in Supreme Court, 68 For amendments of the Constitution, see Constitution. AMMONS, JAMES. Residence changed from Ware to Wayne, 132 AYCOCK, WILLIAM ISAAC. Residence changed from Sumter to Marion, 137 AYRES, JOSEPH, [Illegible Text] and Jr. Residence changed from Appling to Ware, 136 APPLING COUNTY. Justices' Court established at Holmesville, 294 APPROPRIATION REGULAR AND SPECIAL. For Governor's salary, 3 For Secretary of State, 3 For Comptroller General, 3 For Treasurer, 3 For Surveyor General, 3 For Secretaries Executive Department, 3 For Judges Supreme Court, 3 For Reporter do. do. 3 For Judges Superior Courts, 3 For [Illegible Text] and Solicitors General, 3 For [Illegible Text] Fund for 1850 and 1851, 3 For do. do. special, 9 For Military Fund, 1850 and 1851, 3 For Printing do. do. do. 3 , 11 For Superintendent Lunatic Asylum, 4 For [Illegible Text] Treasurer, and sub-officers do. 4 For Support of pauper patients, 4 For Chaplain to the [Illegible Text] 4 For Military Store-keeper at Savannah, 4 For do. do. do. Milledgeville, 4 For Otis Childs and David Kramer, 4 , 10 For President of the Senate and Speaker of the House, 4 For Members of the General Assembly, 4 , 5 For Secretary of Senate and Clerk of House, 4 , 5 , 8 For Assistant Clerks Senate and House of Reps. 5

Page 423

For Messengers and Door-keepers Senate and House of Representatives, 5 For Repairs to Arsenal at Savannah, 6 For Warner Hooker, do. 6 For Moses Harshaw, 6 For Mrs. Jane E. Rieves, 6 For Thomas M. Boston, 6 For John Jones, late Captain Crawford Guards, 6 For Alexander Spear, Adm. of Thomas Grant, 6 For John Boyle, 7 For John R. Saussey, on account of tax overpaid, 7 For Tuttle H. Moreland's representatives, 7 For N. B. H. Weed, Savannah, 7 For Wright, Nichols Co., Augusta, 7 For State Librarian, 7 For Clerk Supreme Court to purchase stationery, 7 For James R. Butts, to employ clerk in Surveyor General's office for a short time, 8 For Chandeliers for Legislative Chambers, 8 For Alexander McDougald, 8 For Mrs. Jane E. Rice, 8 For Erection of tomb-stone over grave of [Illegible Text] Irwin, 8 For P. M. Compton, 8 For W. E. West, 8 For John Bessent, 8 For Payment of scrip Western and Atlantic Rail Road, 9 For Brown Harris, 9 For Georgia and Florida boundary, 9 For Erection of Monument to John Forsyth, 9 For Lucius Goddard, 9 For William C. Price, T. C. Rabun co. 10 For Richard Chitwood, 10 For Benjamin Starr, 10 For Amos W. Hammond, 10 For Repairs to State House and other public buildings, 10 For Edwin Wiley, 10 For Alden Walkey, 11 For Rene M. Pittman, 11 For John C. Whitworth, Adm'r., c. 11 For James Grubbs, Ex'r., c. 12 For James T. [Illegible Text] 12 For Pleasant Stovall, 12 For James King, 12 For George White, 13 For Delaware Morris, 13

Page 424

For James M. Wayne, President Georgia Historical Society, 13 For Edward D. Huguenin, 13 For Iverson L. Harris, 14 For David Dobbs, 14 For Trustees Emory College, 15 For Thomas J. Warthen, 15 For Mrs. Sarah A. Stephens, 16 For Joseph Donaldson, 16 For Trustees Lunatic Asylum, to purchase land, 17 For do. do. do. to build Male and Female Infirmary, c. 17 For Duncan McDougald, 17 For Deaf and Dumb Asylum, 18 For William Wayne, 19 For A. R. Walton, Adm'r. of Isaac S. Wood, 19 For William Hardeman, 20 For Lookout Mountain Road, 20 For Expenses of State Convention (if called) 123 ATTORNEYS. Wm. P. Cunningham and Osborne A. [Illegible Text] authorized to plead and practise law, 45 Testimony of attorneys at law regulated, 46 ASBELL, WILLIAM Residence changed from Appling to Telfair, 128 AUGUSTA. Bonds of auctioneers in, amount fixed, 95 B. BAKER, EDWIN Residence changed from Warren to Taliaferro, 134 BAKER, ELLEN M. Made the heir of James R. Ware, of Stewart co. 193 BAKER COUNTY. Justices Int. Court authorized to levy a tax for county purposes, 381 BANKS. Bank of Savannah incorporated, 51 Manufacturers' Bank of Macon incorporated, 54 Bank of Milledgeville authorized to increase its capital stock, 59 Central Bank, Director of required to exam-claims against the Bank of Darien and report, 59 Central Bank, charter of extended, 62 Bank of Brunswick, act of incorporation amended so as to increase its capital stock, 60 Merchants' Bank of Macon, for relief of, 61 Cherokee Insurance and Banking Company incorporated, 61

Page 425

The manner in which the returns of the several Banks shall hereafter be made, designated, 60 Banks and other corporations subject to garnishment, 186 BARBER, GREENSBY W. Residence changed from Jackson to Clarke, [Illegible Text] BASTARDS. Allowed to inhherit from their mothers in certain cases, 172 BIBB COUNTY. Clerks at elections in, to be compensated, 70 BILLS OF EXCHANGE AND PROMISSORY NOTES. Holidays to be observed in acceptance and payment of, designated, 279 Three days of grace disallowed on sight checks, c. 279 BISHOP, ISAAC N. Residence changed from Henry to Butts, 138 BONDS. Regulations in reference to Constables' bonds, 63 Sheriffs of Telfair and Liberty, bonds of reduced, 63 do. Murray, Dade and Franklin, bonds of, reduced, 64 , 65 Auctioneers' bonds in city of Augusta, amount fixed, 96 BREWER, WILLIAM AND JAMES Authorized to establish a ferry over Altamaha river, 179 BRIDGES. Campbellton Bridge Company, act of incorporation repealed, 65 John Dillon authorized to erect a bridge over the Ogeechee river 65 James Gowdy authorized to erect a bridge over Chestatee river, 66 BULLOCH COUNTY. Act to change and fix the time for closing polls at elections in, 163 Managers of elections authorized to consolidate on the day of election, 163 BURKE COUNTY. Duty of Treasurer Poor School Fund, 159 C. CAMDEN COUNTY. Acts relative to roads in, amended, 362 , 363 , 364 CAMP GROUNDS. Washington county New Chapel incorporated and trustees appointed, 66 Talbot county Fountain Spring do. do. do. 67

Page 426

CARROLL COUNTY. Offices of Receiver of Tax Returns and Collector separated, 384 CASS COUNTY. Justices Inferior Court authorized to levy additional tax, 383 CHATHAM COUNTY. Justices of the Peace in certain districts allowed to hold their courts at any place in the city of Savannah, 294 Acts in relation to Justices Courts in, [Illegible Text] 295 Justices Inferior Court authorized to pay commissioners of public roads, 361 Commissioners of Skedaway ferry and Montgomery road authorized to work certain hands, 361 Acts of 1799, 1818 and 1845, in reference to bridges and roads, repealed so far as relates to Chatham county, 365 Sheriff of, allowed certain fees, and authorized to appoint special deputies, 369 Tax on sales at auction regulated, 381 CHRISTIAN, THOMAS O. Residence changed from Cass to Murray, 129 CHURCHES. Baldwin co. Milledgeville [Illegible Text] Church, act of incorporation revived, 76 Chatham Second Baptist Church, Savannah, incorporated and trustees appointed, 72 Trustees Hebrew Congregation, Savannah, incorporated, 74 Wesley Chapel, Andrew Chapel, and Trinity Church, Savannah, incorporated and trustees appointed, 80 DeKalb First Baptist Church, Atlanta, incorporated and trustees appointed, 76 Emanuel county Cedar Creek Church incorporated and trustees appointed, 77 Irwin co. Mount Zion Church incorporated and trustees appointed, 75 Lincoln co. New Hope Baptist Church do. do. do. 72 Pike co. Griffin Presbyterian Church do. do. do. 75 Randolph co. New Hope Baptist Church incorporated and trustees appointed, 74 Richmond co. First [Illegible Text] Church, Augusta, certain powers conferred as to holding a lot of land, 81 Tattnall co. Concord Church incorporated and trustees appointed, 78 Washington co. Sisters' Church do. do. do. 78

Page 427

Wayne co. Waynesville Baptist Church incorporated and trustees appointed, 71 Relief Society of Methodist Episcopal Church, act of incorporation amended, 81 Act of 1841 incorporating Georgia Conference amended, 79 CERTIORARI. Laws in relation to, amended, 269 Petitions for, to be directed to the Superior Court, instead of the Judge thereof, 269 Clerk Superior Court to issue writ, 269 Judge to make final decision where no question of fact is involved, 270 CHEROKEE COUNTY. Justices Inferior Court authorized to pay jail fees of insolvents out of county funds, 268 Not authorized to asses any county tax with out the recommendation of the Grand July, 289 Offices of Receiver of Tax Returns and Collector consolidated, 385 Provisiou made for paying jurors, 385 CITIES AND TOWNS. Cumming, incorporating act of 1845 amended, 81 Griffin, several acts incorporating amended, 82 Macon, act of 1847 in relation to election of Marshal, amended, 82 Act of 1847 amended and altered so as to abolish the office and duty of assessors, 90 Savannah, acts in relation to, amended, 83 Augusta, do. do. do. 85 , 95 Dalton, incorporating act of 1847 amended, 86 Fayetteville, corporate limits extended, 91 Clarkesville, all acts incorporating repealed, 91 Tunnel Hill, incorporated, 92 Oglethorpe, Macon county, incorporated, 92 Springfield, Effingham county, do. 94 Talbotton, act extending corporate limits repealed, 94 Marietta, citizens authorized to elect Marshal, 95 Springville, Cobb county, act of 1838 incorporating, repealed. 95 Albany, act of 1841, incorporating, amended, 96 Atlanta, acts in relation to, amended, 96 Madison, corporate limits extended and defined, 97 Lumpkin, act of 1831 incorporating, amended, 98 Zebulon, act of 1825 in relation to amended, 101 Crawfordvill,e acts in relation to, amended, 101 Buena Vista, incorporated and made the site of the public buildings of Marion county, 102

Page 428

Cartersville, Cass county, incorporated, 103 West Point, act of 1835 in reference to, amended, 105 Marion, Twiggs county, removal of county site from, provided for, 106 Dublin, Justices Inferior Court Laurens county appointed commissioners of, 389 Authorized to sell portion of lot 232, 1st dist. Wilkinson, 389 Greenesboro, time changed for the election of commissionersmarshal of said town, elective by the citizens thereof, 389 Darien, regulations in reference to vendue masters in, 391 CLERKS. Clerks Inferior Courts to give certificates to Constables in certain cases, 63 Clerks Superior Courts to file bills of exceptions and send up copy to the Supreme Court, 68 To issue writs of certiorari, 269 Clerk Supreme Court not to record opinions of the Judges. 68 Not to charge for attaching the seal of the Supreme Court to the writ of error, citation, or remitter, or any precept issued by him, 68 Not allowed to charge for services not performed, 68 COBB COUNTY. Justices Inferior Court to pay jurors for services rendered prior to January, 1850. 292 COLLINS, JONATHAN. Residence changed from Henry to Butts, 138 COLLEGES. Cherokee College of Georgia, Floyd county, incorporated. 107 Madison Female College, Morgan co., incorporated, 108 Dalton Female College, Murray county, incorporated, 110 Forsyth Female Collegiate Institute incorporated, 110 LaGrange Collegiate Seminary for young ladies, Troup county, incorporated, 111 Madison Collegiate Institute, do. 112 Southern Central Baptist University of Georgia incorporated, 114 College property exempted from taxation, 379 CONGRESSIONAL DISTRICTS. Act of [Illegible Text] [Illegible Text] reference to, altered and amended, 115 Time for election of members of Congress changed, 161

Page 429

COMPTROLLER GENERAL. Authorized to recall execution issued against Merchant's Bank of Macon, 61 Proposed amendment of the Constitution, so as to give the election of to the people, 119 CONFERENCE. Act of 1841, incorporating Georgia Conference, amended by adding word South, 79 CONGER, MARTIN. Residence changed from Henry to Butts, 138 CRAWFORD COUNTY. Justices Inferior Court authorized to levy an extraordinary tax, 382 CONSTABLES. Bond of required to be filed with Clerk Inf. Ct., 63 Election of in the city of Savannah regulated, 116 Fees of in Chatham county regulated, 180 Authorized to levy executions against Sheriffs, 278 CONSTITUTION. 6th section and 3d article of, proposed to be altered and amended, so as to give the election of an Ordinary for each county to the people, 117 Proposed amendment of the 12th section of the 2d article, so as to make the Secretary of State, Treasurer, Comptroller General, and Surveyor General elective by the people, 118 , 119 Third section of the first article proposed to be amended so as to give each county one Senator, 119 , 120 Third section of the third article proposed to be amended so as to make the Attorney and Solicitors General elective by the people, 120 1st paragraph of the 7th sec. of the 1st art, in reference to the members of the House of Representatives, proposed to be amended, 121 Additional section proposed to be added to the 1st art., 121 Ninth sec. of the 3d art. in reference to divorces amended, 419 CONVENTION. Governor authorized to call State Cenvention upon certain contingencies, 122 COOPER, JAMES F. Appointed Commissioner to examine work of J. D. Gray Co. on W. A. R. R., 9 COSTS. In insolvent cases how paid, 70 In Supreme Court regulated, 141

Page 430

CORONERS. Act of 1823, in relation to, amended, 123 CO-SECURITIES. Act of 1840, in relation to, amended, 277 COUNTY LINES. Between Appling and Telfair changed, 127 do. Ware and Telfair do. 128 , 136 do. Montgomery and Telfair do. 128 do. Effingham and Chatham do. 128 do. Twiggs and Bibb do. 129 do. Bibb and Jones do. 129 do. Baker and Randolph do. 130 do. Cass and Murray do. 129 do. Wayne and Glynn do. 130 do. Jasper and Newton do. 131 do. Ware and Wayne do. 132 do. Carroll and Paulding do. 132 do. Newton and Dekalb do. 132 do. Walton and Newton do. 132 do. Baker and Thomas do. 132 do. Jackson and Clarke do. 133 do. Madison and Clarke do. 133 do. Habersham and Franklin do. 134 do. Taliaferro and Warren do. 134 do. Taliaferro and Hancock do. 134 do. Hall and Lumpkin do. 135 do. Murray and Walker do. 135 do. Cobb and Paulding do. 136 do. Ware and Appling do. 136 do. Gwinnett and Jackson do. 137 do. Sumter and Marion do. 137 do. Henry and Butts do. 137 do. Irwin and Baker do. 138 do. Harris and Talbot do. 138 do. Marion and Talbot do. 138 do. Lumpkin and Forsyth do. 138 do. Gwinnett and Walton do. 139 do. Muscogee and Marion do. 139 Parts of Macon and Crawfordcounties added to Talbot, 131 COUNTIES. Gordon, laid out from Cass and Floyd and organized, 124 Clinch, laid out from Ware and Lowndes, 126 Election for officers of Gordon co. provided for, 137 COUNTY OFFICERS. Pulaski, Sheriff, Coroner and Clerks authorized to advertize in Milledgeville, Macon or Albany papers, 43 Telfair, bond of the Sheriff reduced, 63 Liberty, do. do. do. 63

Page 431

Dade, bond of the Sheriff reduced, 64 Franklin, do. do. do. 65 Murray, do. do. do. 64 Emanuel, act consolidating offices Clerk Sup'r. and Inf. Courts repealed. 68 Clerks Court of Ordinary to issue marriage license for Jews to be married according to their own forms, 69 Talbot, offices Clerk Sup'r. and Inf. consolidated, 69 Clerk Sup'r. Court authorized to administer oaths in certain cases, 70 Costs in insolvent cases how to be paid, 70 COUNTY SITES. Twiggs, removal of from Marion, provieed for, 106 Marion, Buena Vista made public site, 102 COURTS. Times of holding changed in the following counties: Appling Superior Court, 142 Baker Inferior and Superior Courts, 142 , 144 Separate pannels of jurors for Sup. Court, 144 Bulloch Court of Ordinary, 146 Campbell Superior Court, 141 Carroll Superior Court, 141 Chattooga Superior Court, 143 Cherokee Superior Court, 143 Clinch Sup. and Inf. Courts, time of holding fixed, 142 Cobb Superior Court, 141 Coweta Superior Court, 141 Columbia Sup. and Inf. Courts, 144 Dade Superior Court, 143 Decatur Superior Court, 144 DeKalb Superior Court, two weeks allowed, 147 Emanuel, Land Courts, acts in relation to, amended, 147 Floyd Superior Court, 143 Additional act in reference to, 147 Inferior Court changed, 146 Franklin Superior Court, 140 Gilmer Inferior Court, 145 Glynn Inferior and Ordinary Courts, where to be held, 144 Harris Inferior Court, 145 Heard Superior Court, 141 Inferior Court authorized to change places of holding Justices' Courts and election precincts, 165 Irwin Superior Court, 143 Lumpkin SuperiorCourt, 146

Page 432

Murray Superior Court, 143 Paulding Superior and Inferior Courts, 143 , 146 Pulaski Superior Court, 143 Richmond Inferior Court, 144 Telfair Superior Court, 143 Troup Superior and Inferior Courts, 141 , 144 Walker Superior Court, 143 Ware Superior Court, time extended and changed, 142 Inferior Courts authorized to establish election precincts and places for holding Justices' Courts, 166 Authorized to grant charters for the construction of Graded, McAdamized or Plank roads, 262 Authorized to grant license to certain persons to peddle, 333 Justices' Court, 6th Dist. Randolph, to be held at W. Mobley's, 168 Justices' Court, 537th Dist. Upson co. to be held at Michael Irwin's, 168 Act of [Illegible Text] in reference to Justice's Courts amended, 274 Supreme Court Bills of Exception amendable in, 68 Sessions at Cassville and Gainesville changed, 140 Acts in relation to Reporter of, amended, 140 Writs of Error and Citation amendable without delay or cost, 141 D. DADE COUNTY. Sheriff's bond reduced, 64 Election [Illegible Text] in, fixed, 162 , 166 DAVIS, ARCHIBALD Residence changed from Telfair to Ware, 136 DAVIS RANDALL J. Residence changed from Appling to Ware, 136 DEAF AND DUMB ASYLUM. Appropriation to complete and furnish, 18 DEBT, PUBLIC Annual Sinking Fund for reduction of, provided, 371 DEEDS. Attested by Clerk Superior Court to be admitted to record, 71 Deeds proved before Clerk Sup. Court may be recorded and read in evidence, 149 Act of 1838 in relation to deeds, c., amended 150 Deeds and other papers executed in another Stae, how they may be proven in this, 150 Law in reference to recording of, amended as to Dooly county, 345

Page 433

DEER. Killing of, in Richmond at certain periods, prohibited, 150 DEKALB COUNTY. Justices in 1026th dist., G. M., authorized to hold court two days in each month, 294 DILLON, JOHN. authorized to erect bridge over Ogechee river, 65 DISCOVERIES AT COMMON LAW. Act of 1847 in relation to, amended, 151 , 276 DIVORCES. Act in relation to, 151 Persons heretotore divorced relieved from disabilities, c., 282 DOOLY COUNTY. Laws in reference to poor school fund altered, 160 Laws in reference to recording deeds and other papers amended, 345 DOWER. Act in relation to assignment of, 152 Acts in reference to assignment of, amended, 153 E. EARLY COUNTY. Act of 1837, consolidating offices of Receiver Tax Returns and Collector repealed, 388 EDUCATION. Act to incorporate Southern Education Society, 154 Act of 1843 in reference to poor schools amended as to the distribution of the fund, 154 ELBERT COUNTY. Justices Inferior Court authorized to levy extra tax, 380 ELECTIONS. Clerks at in Bibb county to be compensated, 70 Constables in Savannah, mode of election regulated, 116 Officers for Gordon county, time for election fixed, 137 Members of Congress, time for election changed, 161 Three freeholders may manage in the absence of a Justice, 166 ELECTION PRECINCTS changed, established or removed: Burke, 74th district removed, 167 , 170 Camden, at the house of Isham Peeples established, 171 Carroll, 7th district removed, 171 Cass, Adairsville do. do. 168 Cobb, Lebanon do. do. 167

Page 434

Chattooga, Teloga Springs changed, 166 Trion Factory established, 166 At Cooper Loveless' established, 166 Chatham, 1st district changed and removed, 164 Campbell, 730th do. do. 165 Clark, at Rockwells' established, 165 Columbia, Holt Clanton's changed to H. Smith's, 166 Dade, established and fixed in, 166 DeKalb, Cross Roads removed to Lithonia, 164 At Andrew Browning's established, 164 Dooly, 585th district established, 164 At Samuel Hodges' removed, 168 Elbert, Academy changed to Anthony Shoals, 164 Floyd, at Rufus Barkers' established, 167 At Wm. Cowee's removed to Cave Spring, 167 Forsyth, at Charles S. Dupree's established, 167 Franklin, at Cross Keys do. 168 Greene, at Merrell's, do. 167 Gwinnett, at Choice's Store removed, 164 Habersham, at Currahee and Cool Spring established, 171 At Baker's Store removed, 171 Hall, at War Hill established, 167 At Tukeer's Chapel removed, 165 At Smith's do. 165 Harris, Laney's Mills established, 164 Heard, precincts in fixed, 165 , 168 Henry, Locust Grove established, 164 At Mathew Johnson's do. 164 At Isaiah Hollingsworth's removed, 169 Irwin, Daniel Grantham's changed, 166 Jones, Flower's do. 167 Lincoln, Salem Academy, established, 165 Lowndes, Noah Griffin's do. 165 At 904th district removed, 170 Marion, at Pineville established, 140 At Thomas Major's 1034 established, 164 At 807th district removed, 164 At Fayewell established, 165 At [Illegible Text] removed, 168 At B. Story's abolished, 168 Murray, certain precincts fixed and established, 162 At Tunnel Hill established, 166 At Samuel R. McCamy's established, 166 Pulaski, at 8th district changed, 168 Randolph, at Dearsville removed, 167 Stewart, at James Harrison's established, 164 At Western Cross Roads, do. 164 At 24th district do. 167

Page 435

Telfair, at 337th do. removed, 168 Thomas, at 763d do. do. 164 Troup, Long Cane established, 164 At West Vernon removed, 171 At Hollifield's Store changed, 171 Upson, 537th district removed, 168 Ware, at John F. Sweat's established, 167 At Thomas Wilson's removed, 168 Precincts hereafter to be established by Inf. Ct., 166 EMANUEL COUNTY. Act consolidating offices of Clerk Sup'r. and Inf. Courts in, repealed, 68 EQUITY, MASTERS IN. To be appointed in Muscogee, Talbot and Stewart, 276 ESCHEATS. Acts in reference to, amended, 172 EVIDENCE. Commissions to interrogatories issued in blank made valid, 115 EXECUTION. Affidavits of illegality of, laws relating to amended, 42 EXECUTORS, ADMINISTRATORS GUARDIANS. Authorized to sell at public outcry notes, bonds, and other claims belonging to the estate of their testators, intestates or wards, that may be considered insolvent or doubtful, 37 Laws relating to, amended, 37 , 40 Widows and children allowed year's support out of the estate of the deceased where no administration is granted, 395 Authorized to make retuns in the counties in which they reside, and to be discharged therein, 39 Suits may be brought in this State by Executors and Administrators of other States, 280 Act authorizing Executors and Administrators to make titles to land in certain cases, altered and amended, 41 Administrators of Hardy Ivy and Alston H. Green to sell certain real estate of their intestates in the city of Atlanta, 41 EZZARD, WM., Adm'r. c., and ALLISON NELSON. Authorized to establish a ferry on Chattahoochee river, 176

Page 436

F. FERRIES AND BRIDGES. All persons authorized to establish and erect upon certain conditions, 174 John S. Rowland authorized to establish ferry on Etowah river, 175 Frederic A. Williams authorized to establish ferry on Chattohoochee river, 175 Osburn Reaves authorized to establish ferry across [Illegible Text], 176 Mark Water Co. authorized to establish ferry across Chattahoochee, 176 Samuel C. Lippett authorized to establish ferry across Flint river, 177 Rogers, John C. and others, authorized to establish ferry on Flint river, 177 Hammell, Win. S. Sen., authorized to establish ferry on Flint river, 178 Turner and Mason authorized to establish ferry on Chattahaochee river, 178 Brewer Wm. and James, authorized to establish ferry on [Illegible Text] river, 179 Prescott, Jesse P. authorized to establish ferry on Alapaha river, 179 Planters' Manufacturing Co., authorized to establish ferry on [Illegible Text] river, 254 FEES on grants reduced, 299 FINES. [Illegible Text], in 1st Reg't. G. M., collection of provided for, 320 FINLEY, JAMES M. Residence changed from Jasper to Newton, 131 FIRE COMPANIES. Fire company in Atlanta authorized, 183 Athens do, incorporated, 184 Washington do. Savannah do. 185 Independent Company, Augusta, certain privileges granted, 319 FLOYD COUNTY. Act in relation to election precincts, 168 FORRISTER, ALEXANDER. Residence changed from Gwinnett to Walton, 139 FRACTIONS. Purchasers of in certain cases, to have purchase money refunded, 8 , 190 , 191 FRANKLIN COUNTY. Sheriff's bond reduced, 65 Session of Superior Court changed, 140 Act of 1840, in relation to the militia, repealed as to, 313

Page 437

Act of 1839, consolidating offices of Receiver of Tax Returns and Collector, repealed, 385 FREE DEALERS. Ellen B. Kenedy of Bibb county, 182 Nancy Waters of Cass, [Illegible Text] Cadence R. Carter of Talbot, 182 Mary L. Pritchard of Clark, 183 G. GARNISHMENT. Laws in reference to, amended, 186 GARTHWRIGHT, WILLIAM. Residence changed from Jasper to Newton, 131 GASKINS, DAVID AND JAMES. Residence changed from Ware to Telfair, 128 GILMER COUNTY. Clerk Inf. Court to be compensated for certain services, 71 Duty of Justices Inf. Court in distributing poor school fund, 159 GOVERNOR. Authorized to subscribe for White's Statistics, 13 Required to call upon the banks to make returns semi-annually, 60 Authorized to call a State Convention under certain circumstances, 122 Required to cancel and file away all State bonds redeemed, 372 GOWDY, JAMES. Authorized to erect bridge over Chestatee river, 66 GRANTS AUTHORIZED TO ISSUE. To George [Illegible Text], adm'r. c., for State's half 242, 7th Henry, 187 J. S. Thomas, for fraction No. 177 1st dist. Dooly, 187 Jacob Paulk, for lot No. 10 5th dist. Irwin, 188 Joseph Joiner for lot No. 186 3d dist. Appl'g. 189 H M. Ward, for lot No. 195 1st dist. Coweta, 189 Wm. Smith, for lot No. 10 10th dist. Irwin, 193 Certain lots and fractions authorized to be granted, 188 Grants to issue to owners of certain fractions in Talbot, 193 E. W. Wingfield directed to be changed to E. H. Wingfield on a certain grant, 329 Henry Fitz directed to be changed to Henry Sitz on a certain grant, 329 GLYNN COUNTY. Justices' Court in 26th district, place of holding changed, 295 GRIMMETT, ANDREW J. Residence changed from Henry to Butts, 138

Page 438

GWINNETT COUNTY. Poor children of, relieved, 155 Sheriff authorized to advertize in Milledgeville, Augusta or Athens, 371 H. HABERSHAM COUNTY. Sheriff's bond reduced, 370 HANCOCK COUNTY. 14th and 15th Regiments in, consolidated, 319 County officers authorized to advertize in any paper of the State having a general circulation in the county, 371 HALL COUNTY. Teachers of poor children in 1845, relieved, 159 Sheriff's bond reduced, 370 HEAD RIGHTS. Time for taking out grants upon, extended, 190 , 192 Act of 1835 in reference to recording of, repealed, 376 HAYS, HENDRIX. Residence changed from Habersham to Franklin, 134 HEARD COUNTY. Act of 1839, consolidating offices of Receiver of Tax Returns and Collector, repealed, 385 HENDLEY, JESSE. Residence changed from Henry to Butts, 138 HOUSTON COUNTY. Court of Ordinary authorized to grant administration on the estate of C. H. Rice, deceased, 40 HOPKINS, THOMAS S. Residence changed from Wayne to Glynn, 130 HUMPHRIES, JAMES T. For relief of, 12 HURST, STEPHEN, Sen. Residence changed from Irwin to Baker, 138 I. INCORPORATIONS. Augusta Canal company, incorporating act of 1845, amended, 85 Southern Education Society incorporated, 154 Georgia Exporting company do. 172 Sav. Aug. Gas Light companies do. 194 Hydraulic company of Savannah do. 197 Floating Dry Dock co. do. do. 200 Sav. Institute of the Sisters of Mercy do. 201 Augusta Machine Works do. 201 St. Mary's Library Society, act of 1829, amended, 202 Central [Illegible Text] Association incorporated, 203 Dalton City company do. 204 Back River [Illegible Text] Canal co., Sav. do. 205 Sav. Mutual Insurance company do. 207

Page 439

Savannah and Ogeechee Canal company authorized to extend canal to Altamaha river, 208 Macon Canal company incorporated, 209 Columbus and Greenville Plank and Turnpike Road incorporated, 214 Columbus and Lumpkin Plank and Turnpike Road incorporated, 214 Sparta Plank and Turnpike Road incorporated, 214 Cooper's Gap Turnpike company, Lumpkin and Union, incorported, 218 Dahlonega and Marietta Turnpike and Plank Road company incorporated, 219 [Illegible Text] and Atlanta Plank and Turnpike Road Company incorporated, 219 Cobb County and Alabama do. do. do. 219 Washington Plank and Railroad Co. incorporated 219 Ellijay Turnpike Company do. 223 Griffin and West Point Plank Road Co. do. 226 North-eastern Plank or Railroad Co. do. 233 Cherokee Rail or Plank Road Co. do. 236 Ocmulgee Ralroad Company, act of incorporation amended, 237 West Point Company, act of 1838 incorporating amended, 28 Muscogee Railroad Company, act of incorporation amended, 237 Ocmulgee and Flint Railroad and Canal Company, time for completion extended, 239 Atlanta and Lagrange Railroad Company, act of incorporation amended, 238 Georgia Railroad and Banking Company, acts in relation to amended, 239 Eatonton Branch Railroad Company incorporated, 240 Houston Branch Railroad Company, incorporated, 241 Memphis Branch Railroad and Steamboat Co., name changed and charter amended, 243 South-western Railroad Company, act of incorporation amended, 243 Central Railroad and Macon and Western Railroad Company, 3d section of the act of 1847 in reference to, repealed, 244 Milledgeville and Gordon Railroad Company, State authorized to subscribe for stock in, 244 Muscogee Railroad Company, authorized to connect with the Southwestern Railroad Company, 245

Page 440

Alabama and Georgia Railroad Company authorized to extend Road from Alabama line to Cartersville in [Illegible Text] county, 245 Thomaston and Barnesville Railroad Company, act of 1839 revived, 247 Augusta and Waynesboro' Railroad Company, act of 1838 amended, 247 Central, Macon and Western, and Southwestern Railroad Companies, authorized to unite their Roads in a common depot at Macon, 249 Talbotton Branch Railroad incorporated, 251 Milledgeville Railroad Company, act of 1837 amended and revived, 251 Mulberry Grove Manufacturing Co. incorpora'd, 252 Bowenville do. do. do. 253 Planter's do. do. authorized to establish a ferry, 254 McBean Manufacturing Company incorporated, 254 Sweet Water do. do. do. 256 Augusta Quoit Club do. 256 Marietta Manufacturing Company do. 257 Coosa River [Illegible Text] Company do. 258 Hancock do. do. do. 261 Joint Stock Companies, for the construction of Graded, McAdamized or Plank Roads authorized to be formed, 262 Southern Mutual Insurance Company, act of 1847 amended, 265 For Academies incorporated, see Academies. For Churches do see Churches. For Masonic Lodges do. see Masonic Lodges and Chapters. For Volunteer Companies incorporated, see Military. INDORSERS. Laws in relation to amended, 281 INTERROGATORIES. Commissions to take depositions issued in blank made valid, 115 , 276 INSOLVENT DEBTORS. Act of 1803 in relation to, amended. 268 Claims belonging to estates of deceased persons, considered insolvent or doubtful, to be sold by order of Ordinary, 37 INSPECTION. Act to regulate inspection of corn meal and [Illegible Text] at Dalton, 267 INQUESTS. Act of 1823 in relation to, amended, 123

Page 441

IRWIN COUNNY. Sheriffs, Clerks and Coroners authorized to advertize in Milledgeville, Macon, or Albany papers, 371 Act of 1837 consolidating offices of Receiver of Tax Returns and Collector, repealed, 388 IRWIN, JARED Tombstone to be erected over grave, 8 J. JACKSON, JOHN Residence changed from Hancock to [Illegible Text] 134 JACKSON, PASCHAL H. Residence changed from Henry to Butts, 137 JARRELL, GEORGE A. Residence changed from Madison to Clarke, 133 JARRETT, DILMUS L. Residence changed from Gwinnett to Jackson, 137 JINKS, MINTON Residence changed from Henry to Butts, 137 JOHNSON, A. P. Residence changed from Henry to Butts, 137 JOHNSTON, MALCOLM Residence changed from Taliaferro to Hancock, 134 JASPER COUNTY. Treasurer Poor School Fund authorize to retain commissions, 391 JEWS. Authorized to marry according to their own forms, 69 JUDICIARY. Bills of exception amendable in Supreme Court. 68 Misnomers in judicial pleadings amendable instanter, 44 Injunctions to be granted in pauper cases without security, 271 Judges Superior Courts prohibited from giving their opinions as to the facts proven in their charges to juries, 271 Certain actions at law authorized, 272 Acts of 1811, 1840, and 1847, in relation to executions, amended, 273 Act of 1811 in reference to Justices' Courts, amended, 274 Civil pleadings curtailed and simplified, 275 Slaves and free persons of color, for capital offences to be tried in Superior Court, 372 JURORS. Baker county, separate pannels allowed, 144 Cass, act to compensate Grand Jurors, 288 Cabb, act to compensate Grand Jurors, [Illegible Text]

Page 442

Early, act to compensate Petit Jurors, 285 Elbert, act to compensate Grand and Petit Jurors, 291 Gilmer, act to compensate Grand and Petit Jurors, 282 Houston, act to compensate Petit Jurors, 287 Hancock, act to compensate Petit Jurors, 290 Jasper, act to compensate Petit Jurors, 290 Laurens, act to compensate Petit Jurors, 285 Lee, act to compensate Petit Jurors, 283 Lumpkin, act to compensate Petit Jurors, act of 1843 amended, 292 Meriwether, act to compensate Grand and Petit, 289 Murray, act to compensate do. 286 Muscogee, act to compensate Grand, 284 Randolph, act to compensate Petit, 286 Thomas, act of 1837, providing for compensation of Grand Jurors, repealed, 291 JUSTICES INF. COURT Relieved from jury duty, 293 K. KELLER, GEORGE A. Residence changed from Effingham to Chatham, 128 KNIGHT, ABRAM, Jr. Residence changed from Ware to Wayne, 132 L. LAND. Islands in Flint, Ocmulgee and [Illegible Text] to be surveyed and sold, 269 Certain lands in Walker county authorized to be fenced, 296 Unsurveyed lands in Ware county to be surveyed and sold. 297 Governor authorized to sell certain portions of land on the Western and Atlantic R. R. 297 Land in the 12th and 13th Districts of Ware, sold under acts of 1827 and 1833, if not granted by 1st October next, forfeited, 298 , 300 Lands not grantable under existing laws to be sold, 298 Act of [Illegible Text] in relation to processioning land, revived, altered and amended, 301 LAURENS COUNTY. Act of 1837, consolidating offices of Receiver of Tax Returns and Collector repealed, 387 LEE COUNTY. Justices Inf. Court authorized to levy extra tax, 283 LEWIS, GEORGE R. Residence changed from Henry to Butts, 138 LIBERTY COUNTY. Sheriff's bond reduced. 63 Justices Inferior Court authorized to sell lot of land known as the [Illegible Text] [Illegible Text] 296

Page 443

LIPPETT, SAMUEL C. Authorized to establish ferry across Flint river, 177 LOWE, JOHN Residence changed from Carroll to Paulding, 132 LOWNDES COUNTY. Time for returning tax digest of, extended, 383 LUMBER. Measurers of, not allowed to be clerks or agents of buyers, 306 Mode of measuring [Illegible Text] or ranging timber defined, 306 LUMPKIN COUNTY. Justices Inf. Court to examine teachers of Poor Schools, 156 Act of 1845 authorizing extra tax repealed, 379 Offices of Receiver of Tax Returns and Collector consolidated, 383 LUNATIC ASYLUM. Special Appropriations for, 17 Act of 1841 organizing, amended, 47 M. MAGISTRATES. Fees of, in Chatham county, regulated, 180 MARION COUNTY. Act of 1839, consolidating offices of Receiver of Tax Returns and Collector, repealed, 387 MARRIAGE LICENSE. Clerks Court of Ordinary to direct license to Jewish Ministers when applied for, 69 MASONS AND CARPENTERS. Act of 1834, in reference to liens of, amended, 278 MASONIC LODGES AND CHAPTERS. [Illegible Text] Chapter, No. 10, incorporated, 302 Hamilton Lodge, No. 16, do. 302 Dawson do. No. 67, do. 302 Burns do. No. 56, do. 302 Meridian Sun do. No. 26, do. 302 Dalton do. No. 105, do. 302 Magnolia do No. 85, do. 302 Euharley do. No. 97, do. 302 Hiram do. No. 51, do. 302 Marion do. No. 14, do. 302 Philomathea do. No. 25, do. 302 Western do. No. 91, do. 302 Blue Mountain do. No. 38, do. 302 Union do. No. 28, do. 302 Chattahoochee do. No. 61, do. 207 Rising Sun do. No. 20, do. 303 Lafayette Chapter, No. 12, do. 304

Page 444

Pythagoras Lodge, No. 41, incorporated, 304 San Marino do. No. 34, do. 305 Saint Thomas do. No. 49, do. 306 McCURDY, JOHN Residence changed from Walton to Gwinnett, 139 McINTOSH COUNTY. Citizens of, to elect Commissioners of Pilotage for Darien, 337 MILL DAMS. Mrs. Elizabeth Montfort authorized to erect across Flint River, 307 C. D. Terhune, across Etowah river, in Cass co. 308 Minor W. Brown and Benj. G. McClesky, Chattahocchee, 308 James J. Logan, across Notley river, 309 Johnson Garwood, across Chattahoochee river, 309 Hardy Pace and Pinckney H. Randall, across Chattahoochee 309 MILITARY. BurkeBurke Guards, certain privileges granted to 319 Cass[Illegible Text] Centi-Collum incorporated, 310 ChathamAct of 1835, so far as relates to 1st Regiment, G. M. repealed. 314 Majors 35th [Illegible Text]. G. M. restricted to one day's parade, 314 Encampment for 35th Reg. G. M. authorized, 314 Act in reference to collection of fines 1st Reg. G. M. 320 Franklinact of 1840, relative to the Militia, repealed as to, 313 HabershamHabersham Volunteer Mounted Infantry incorporated, 315 HarrisHarris Cavalry, act in relation to repealed, 318 Hancock14th and 14th Regiments of, consolidated, 319 HoustonHouston Dragoons incorporated, 317 JeffersonJefferson [Illegible Text], acts in relation to, amended, 312 LumpkinDahlonega Blues incorporated, 316 MarionMarion Blues do. 317 SerivenSeriven Troup do. 317 StewartLumpkin Guards do. 311 SumterSumter Cavalry do. 317 TroupLagrange [Illegible Text] do. 312 Georgia Constitutional Guards do. 317 UpsonUpson Light Dragroons exempted from Patrol duty, 315

Page 445

WaltonGeorgia State Guards incorporated, 319 Walton Rifle Company do. 319 MONUMENT. To be erected over remains of John Forsyth, 9 MONTGOMERY COUNTY. Clerks' offices to be kept within 15 miles of the Court-house, 69 Act of 1840, consolidating the offices of Receiver of Tax Returns and Collector repealed, 384 MUNICIPAL CORPORATIONS. Certain privileges granted to, in reference to the sale of slaves, [Illegible Text] MURRAY COUNTY. Sheriff's bond reduced, 64 Act in reference to Poor Schools amended so so far as relates to Murray, 156 Election Precincts in, fixed, 162 Act of 1837, consolidating offices of Receiver of Tax Returns and Collector repealed, 384 N. NAMES. The following changed and the persons legitimatized Jackson Futch to Jackson Peters, 321 Nancy Elizabeth Luker to Nancy Elizabeth Hugerley, 321 John T. Luker to John T. Hugerley, 321 William Pearce to William Gault, 321 William Bridges to James Dooly, 321 Harriet Elizabeth McLeroy to Harriet Elizabeth Welden, 321 Nathan Patrick McLeroy to Nathan Patrick Welden, 321 Mary Catharine McLeroy to Mary Catharine Welden, 321 Sarah Jane Juner to Sarah Jane Cox, 321 Elisha [Illegible Text] to Elisha Cox, 321 Sterling C. Waters to Sterling C. Pritchard, 322 Thomas Marion Williams to Thomas Marion Arnold, 322 James Williams to James Arnold, 322 Anna Williams to Anna Arnold, 322 John T. Edmondson to John T. Carter, 322 Mary Ann Oliver to Mary Ann Moseley, 322 William J. Oliver to William J. Moseley, 322 Amantha Oliver to Amantha Moseley, 322 Georgianna McDonald to Georgianna Moseley, 322 Margaret McDonald to Margaret Mosley, 322 Margaret Martha Virginia Few to Margaret Martha Virginia Head, 322 John J. Perkins to John J. Kent, [Illegible Text]

Page 446

Romulus [Illegible Text] to Romulus Frasier, 322 Wm. Capers Day to Wm. Capers Rhodes, 322 , 325 John Nelson [Illegible Text] to John Nelson Henderson, 322 Nancy Elizabeth Cobb to Nancy Elizabeth Bowen, 322 [Illegible Text] E. Davenport to [Illegible Text] E. Morris, 323 John Stelia Stone to John Stelia Fountain, 323 William Wesley Walker to William Wesley Cason, 323 John Strickland to John Myers, 323 James Ryals to James Strickland, 323 John Erwin Butler to John Josiah Wooten, 323 John Hobbs to John Newsom, 323 Elizabeth C. Lane to Elizabeth C. Jennings, 323 Jane Maria Collins made the legitimate child of Lewis Cobb, 323 Hackley Butler to General Butler, 323 Seaborn Key to Seaborn Sapp, 323 [Illegible Text] Key to [Illegible Text] Sapp, 323 America Adelaide [Illegible Text] Gordon made the heir of Daniel L. Gordon of Henry county, 323 Fanny [Illegible Text] Ford to Fanny Franklin Hargrave, 323 Nelly Overtakeher Ford to Nelly Overtakeher Hargrave, 323 Frederick Clopton Ford to Frederic Clopton Hargrave, 323 Hance Stephens Ford to Hance Stephens Hargrave, 323 Ramath Rice Ford to Ramath Rice Hargrave, 323 Thomas Henry Davis to Thomas Henry Turner, 324 James J. McRane to James J. Copeland, 324 John Henry Kimbrough to John Henry Thompson, 324 Gardner Coker to Gardner Jackson, 324 William Hardaway to William Huckaby, 324 Benjamin Stringfellow to Alexander Robinson Wilkins, 324 Joseph [Illegible Text] to Joseph Rose, 324 [Illegible Text] [Illegible Text] to Moses Rose, 324 Melissa Vivans Huffner to Melissa Vivans [Illegible Text] 325 Clara Jane [Illegible Text] to Clara Jane Sullivan, 325 Clinton Williams to Clinton Sullivan, 325 Lucy Jane Cawley to Lucy Jane Dicken, 325 Thomas J. Cawley to Thomas J. Dicken, 325 Henry H. Cawley to Henry H. Dicken, 325 Elizabeth S. Montgomery, wife of Thomas Montgomery, made heir to Richard Dicken, 325 William A. Waggoner to William A. Waller, 325

Page 447

Mildred Cherokee Hicks to Mildred Cherokee Hargrove, 325 Wm. Waters to Wm. Moore, 325 Thomas Waters to Thomas Moore, 325 Amanda Waters to Amanda Moore, 325 Lucinda J. Waters to Lucinda J. Moore, 325 Beniah S. Waters to Beniah S. Moore, 325 Sarah J. Waters to Sarah J. Moore, 325 Moses Kitchens to Moses Neal, 326 Joanna Kitchens to Joanna Neal, 326 Malinda Jane Reaves to Malinda Jane Yarbrough, 326 John A. Roland to John A. Moore, 327 James B. Roland to James B. Moore, 326 Manning C. Roland to Manning C. Moore, 327 Basti F. Cochran to Basti F. Sims, 327 Silvia Isabella Bryant to Silvia Isabella [Illegible Text] 327 John B. Roberts to John B. Perkins, 327 John Thomas Williams to John Thomas Gilbert, 327 Mary McGehee to Mary Denton, 327 William Green to Timothy Green, 327 Martha Miram Owen to Martha Miram Jackson, 328 Mathew Richardson Brown to Mathew Richardson Downer. 328 Benjamin Franklin Hammond to Benjamin Franklin Mercier, 328 Georgia Ann Hammond to Georgia Ann Mercier, 328 Rebecca Ann Nellums to Rebecca Ann Brown, 328 Kate Leon Rich to Kate Leon Riley, 329 Elizabeth Strong to Elizabeth Ware, 329 Mary [Illegible Text] Farer to Mary [Illegible Text] Cox, 330 Elizabeth Kelley to Amanda Elizabeth Cooper, 330 [Illegible Text] LUKE L. Residence changed from DeKalb to Newton, 133 NEWTON, M. H. Residence changed from Lumpkin to Forsyth, 139 NOTICE TO PRODUCE BOOKS, c. Act in reference to, amended, 273 NOTARIES PUBLIC. Authorized to administer oaths in certain cases, 331 O. ODD FELLOWS. Grand Lodge of Independent Order of, act of incorporation amended, 305 Institute, Columbus, No. 6, exempt from taxation, 380 P. PARDONS. John Hunton of Wilkes county, pardoned, 331 Johnathan S [Illegible Text] of Lowndes, do. 332 Sampson Braziell of [Illegible Text] [Illegible Text] [Illegible Text]

Page 448

PARKS, JAMES Residence changed from Lumpkin to Forsyth, 139 PEACE WARRANTS. Action of Magistrates upon, regulated, 333 PEDLERS. Inferior Courts authorized to grant licenses to peddle to a certain class of persons, 333 PENITENTIARY. An act for the better government of, 334 PETERS, RICHARD. Appointed a commissioner to examine the work of J. D. Gray Co. on W. A. R. R., 9 PHYSICIANS AND SURGEONS. To be compensated for post mortem examination, when summoned on juries of inquest, 335 Act of 1825, in reference to physicians and apothecaries, amended, 335 PILOTAGE. Commissioners of for Darien to be elected by the citizens of McIntosh county, 337 PITTMAN, JACOB. Authorized to peddle, 333 PLANK ROADS SEE INCORPORATIONS. POOR SCHOOLS. Act of 1843 amended as to distribution of fund, 158 Teachers of poor children, Hall county, relieved, 159 Duty of trustee poor school fund of Burke co., 159 Act in reference to Dooly poor school fund, 160 PRESCOTT, JESSE P. To establish [Illegible Text] on Alapaha river, 179 PROSECUTIONS. To protect persons from vexatious prosecutions, 270 To provide for settlement of, in certain cases, 274 PURDEN, THOMAS. Residence changed from Ware to Wayne, 132 R. RABUN COUNTY. Act in reference to education of the Poor, 155 RAILROADS. Act of 1847, in relation to stock and other property [Illegible Text] by, [Illegible Text] 337 Freight trains prohibited from running on [Illegible Text] day, 338 The allowing a slave to pass over, in the absence of the owner or employer, without a special permit, mode a misdemeanor, 338 Slave escaping on Railroad without permission from the owner [Illegible Text] employer, the road liable for its value, 339 Georgia Railroad Company, tax on, 378

Page 449

Central Railroad company, tax on, 378 Macon Western [Illegible Text] do. 379 Western Atlantic, provision for taking up scrip, 9 Cooper, Reynolds Peters, to examine work of J. D. Gray Co., 9 Certain lands on, Governor authorized to sell, 297 Act of 1843, authorizing sale of, repealed, 392 Chief Engineer to have a turn-out made in Cass county, [Illegible Text] Act for the better government W. A. R. R., 393 Joint stock companies, how incorporated, [Illegible Text] REAL ESTATE. Aliens authorized to purchase, hold and devise, 46 RELIEF Of Wm. H. Monroe, 339 Of Andrew J. Cowart, 339 Of Francis M. Ison, 340 Of John H. Mann, Ex'or., act of 1847 amended, 341 Of All offenders for introducing slaves into this State for sale, 341 Of Henry W. Blake, 341 Of Sarah Johnson, 341 Of Charles Cochran, 341 Of David Barron, 341 Of Luverna E. Walker, 342 Of James Boon, 342 Of Charles B. Lombard, 343 Of Jacob W. Frost, securities of, 343 Of Michael Aderhold and Jas. A. McWhorter, 344 Of Isaac Wright, 344 Of W. W. Barton and Ephraim G. Ponder, 345 Of Richard [Illegible Text] and his securities, 346 Of Patrick Brady and John Myrick, 346 Of Henry D. Moore, 347 Of Jonathan C. Pearson and Wright Knowles, 347 Of Bedford J. Head, 348 Of John Dismukes, 348 Of Rebecca Wade, 349 Of James M. Kelly, estate of, 349 Of Peter Paullett, 350 Of Edward A. Flewellen, 350 Of Josiah Spurlin, T. C. Union county, 351 Of Wm. H. Graham and Hardin Perkins, 351 Of Merrick Barnes, 352 Of Wm. P. Beall and Davis B. Hadley, 352 Of Elisha Wylly, 353 Of Thomas Green, A. H. Smith, D. O'Byne and [Illegible Text] [Illegible Text]

Page 450

Of Robt. O'Barr, John F. Brown, Edward A. Brown, C. Dodd, R. L. Jones, J. L. Terrell and Wm. Headden, 333 Of Robt. Stephens, Washington Stephens, Barney West and Benjamin Highfield, 354 Of Mary Holmes, 355 Of James Alford, 13 REPORTER. Duty of, in reporting Supreme Court decisions defined, 140 REYNOLDS, L. O. Appointed commissioner to examine work of J. D. Gray Co. on W. A. R. R., 9 RIVES, OSBORN Authorized to establish ferry across Oostanaula river in Cass county, 176 ROBINSON, WILEY. Residence changed from Ware to Wayne, 132 ROADS. Acts of 1806 and 1817 relative to, amended as to McIntosh county, 361 Acts of 1839, 1841 and 1845, relative to roads in Camden county, amended, 362 , 363 , 364 Act of 1806, relative to roads, amended as to certain counties, 365 Acts of 1799, 1818 and 1845, in reference to bridges and roads, repealed so far they relate to Chatham county, 365 Appropriation for road over Lookout Mt., 20 Act to authorize the incorporation of joint stock companies for the construction of graded, McAdamized or plank roads, 262 RODGERS, JOHN C. OTHERS. Authorized to establish ferry on Flint river in Macon county, 177 ROWLAND, JOHN S. Authorized to establish a ferry or build a bridge across Etowah river in Cass county, [Illegible Text] RIVERS. Commissioners for Savannah appointed, 355 Acts in reference to fish traps in Great and Little Ohoopee rivers, amended, 356 Chickamauga, to prevent the falling of timber in, 357 Fisheries in the Savannah and Ogechee rivers regulated, 357 Act of 1835 in relation to the Oconee amended, 359 Wm. A. Carr and Peter Summey authorized to navigate and keep open North [Illegible Text] in Jackson and Clurke counties, 359

Page 451

S. SENATORIAL DISTRICTS. Act of 1843 in reference to organization of, amended, 367 SCRIVEN COUNTY. Act of 1847 in relation to election precincts, 10th sec. repealed, 168 Half of tax of 1840 appropriated to, 381 SCIRE FACIAS. Service of on absent defendants, how perfected, 272 Acts in reference to, amended, 273 SIKES, DANIEL Authorized to practice medicine without obtaining a license, 336 SHERIFFS. Required to advertize in certain papers, 44 Duty in reference to costs in insolvent cases, 70 They and their deputies prohibited from being interested in property sold by them, 368 Prohibited from holding office of Constable, 369 SHIELDS, WM. B. Residence changed from Henry to Butts, 138 SLAVES. Act requiring Jailors and Sheriffs to advertize ruaways in one of the gazettes at Milledgeville, altered and amended, 43 Railroads prohibited from passing, except upon certain conditions, 338 Tax upon owners allowing their slaves to hire their own time, 377 Tax upon negroes nominally held to slavery, 377 Act to prevent illicit trading with and disseminating incendiary publications among, on Savannah and Ogechee rivers, [Illegible Text] Trial of slaves and free persons of color for capital offences, to be had in Superior Court, 372 Regulations relative to persons taking up runaways, 373 Act of 1838, in relation to crimes committed by slaves by the procurement of white persons, amended, 374 Acts prohibiting importation of, repealed, 374 Sales of, in certain cases, regulated by municipal corporations, 375 SOLICITORS GENERAL. Duty in reference to cost in insolvent cases, 70 Fees, how paid in certain cases, [Illegible Text] Compensation allowed for services in Supreme Court, [Illegible Text] [Illegible Text]

Page 452

SOSBEE, ELIAS Residence changed from Hall to Habersham, 133 STANTON, JOHN S. Residence changed from Walton to Newton, 133 STEED, WILLIAM Residence changed from Marion to Talbot, 139 STONE, A. C. Residence changed from Lumpkin to Forsyth, 139 STEPHENS, JEPTHA B. Authorized to practise Botanic System of medicine, 336 STRICKLAND, HARDY Adm'r. of M. W. Killingsworth of DeKalb, authorized to make his returns to the Ordinary of Forsyth, 39 SUMTER COUNTY. Time fixed for closing elections in, 163 SURETIES. Law as to amended, 281 SURVEYOR GENERAL. Act of 1835 in reference to recording Head Rights before granting of the same, repealed, 376 T. TALBOT COUNTY. Clerks' offices consolidated, 69 Election precincts in, established and abolished, 170 TAX. Act to levy and collect a State Tax, 376 Act supplementary to general Tax laws, 378 Georgia Railroad Company, tax on, 378 Central do. do. do. 378 Macon and Western do. do. 379 Colleges exempt from taxation, 379 [Illegible Text] COUNTY Sheriffs' bond reduced, 63 Clerks, Sheriffs and Coroners authorized to advertise in papers at Milledgeville, Macon or Albany, 371 TANNER, HAMPTON Residence changed from Telfair to Ware, 136 THOMAS COUNTY. Fletcher Institute exempt from taxation, 380 Act of 1839, consolidating offices of Receiver of Tax Returns and Collector, repealed, 387 TREASURER. Authorized to make advances to public officers, 5 Authorized to pay members of Legislature, 6 Required to hold evidence of certain debts against the Penitentiary, 7

Page 453

Authorized to pay scrip W. A. R. Road, 9 To refund money to certain purchasers of fractions, 190 County Treasurers to be elected by the people in various counties, 390 TROUP COUNTY. Lagrange Female Seminary exempt from tax, 380 TURNER, DANIEL R. and MASON, JAMES L. Authorized to establish a bridge or ferry across Chattahoochee river, 178 TUTON, THOMAS. Residence changed from Glynn to Wayne. 130 U. UNION COUNTY. Act in reference to education of the Poor, 155 Justices Inf. Court to examine teachers of, 156 V. VENDUE MASTERS. Regulations relative to, in Darien, 391 W. WALKER COUNTY. Justices Inf. Court, duty in distribution of Poor School Fund, 159 Certain lands in, authorized to be fenced, 296 WARREN COUNTY. Act in reference to Poor Schools of, 158 WARE COUNTY. Provision for establishing election precincts in, 167 Lands in Okefenokee Swamp to be surveyed and sold, 297 Certain lands in, if not granted by 1st Oct. forfeited, 298 , 300 WASHINGTON COUNTY. Acts in relation to election precincts, 169 , 170 WATKINS, JOHN D. Authorized to construct Turnpike Road, 366 WEST POINT COMPANY. Act of 1838 incorporating, revived, 28 WAYNE COUNTY. Managers of elections in, to be compensated, 162 WATER, MARK CO. Authorized to establish a ferry on Chattahoochee river, 176 WHITE, ROBERT F. Residence changed from Jackson to Clark, 133 WHISENANT, HENRY. [Illegible Text] [Illegible Text]

Page 454

WIDOWS AND ORPHANS. Act for their protection and maintenance, 394 Allowed one year's support out of the estate of the deceased, where no administration is granted, 395 WILLIAMS, FREDERIC A. Authorized to establish ferry on Chattahoochee river, 175 Y. YANN, EPHRAIM. Residence changed from Montgomery to Telfair, 128 YOUNG, WILLIAM. Residence changed from Henry to Butts, 137

Page 455

INDEX TO THE RESOLUTIONS. BOOKS. Governor authorized to furnish county officers upon application of Inferior Court, 413 CLINCH, GEN. DUNCAN L. Resolutions relative to death of, 416 CLAIMS. Report and resolution relative to military claims against United States Government, 398 Resolution relative to claim of Central Bank against, 404 COBB, HOWELL. Report and resolutions on memorial of, 401 CONVENTION. Resolution to send Delegates to Nashville, 418 Delegates to be notified by Governor, 403 COURTS. Resolution relative to election of Judges of the Superior Courts, 418 EDUCATION. Committee to be appointed to report on, to next Legislature, 400 LAWS AND JOURNALS. To be furnished members of the General Assembly, [Illegible Text] MANDAMUS. Report and resolution relative to a writ of Mandamus issued against the Governor, 397 MILITARY. Resolutions of thanks to certain officers, 414 MONUMENT, NATIONAL. Governor requested to have a block of each marble and granite prepared for, 400 PENITENTIARY. Resolutions relative to work by, on Milledgeville and [Illegible Text] Railroad, 403 Resolution relative to insolvent debts held by 415 PUBLIC DOCUMENTS. Governor requested to have collected and bound, 398 RECESS. Resolution authorizing the Legislature to take, 417 REPORTER. To send back volumes of Reports Supreme Court to the counties not supplied, 410 STATE OF THE REPUBLIC. Report and resolutions of committee on, relative to the subject of slavery, 405 Committees on, directed to act jointly upon all matters touching the subject of slavery, 417

Page $$Word$$

[Illegible Text] GEORGE W. Report and resolution on memorial of, in relation to grants for certain lots of land. 411 WEIGHTS AND MEASURES. Governor requested to furnish counties not heretofore supplied, 402 WESTERN ATLANTIC RAILROAD. An action allowed to be brought against Chf, Eng. in [Illegible Text] county by Caldwell and Dickson, 399 A day schedule [Illegible Text] be insisted on by officers of, 400 Resolution of 1828, prohibiting engineers employed on from purchasing real estate within three miles of, [Illegible Text] 409 Chief Engineer authorized to purchase Ransom, a negro man slave, 416