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 COLUMBUS: TENNENT LOMAX 18571100 English

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE, AT A SESSION OF THE SAME, IN NOVEMBER AND DECEMBER, 1857. COMPILED AND ANNOTATED BY EDWIN N. BROYLES. 18571100 18571200 PUBLISHED BY AUTHORITY. COLUMBUS: TENNENT LOMAX, STATE PRINTER. 1858. PRINTED ON THE STEAM POWER PRESS OF THE TIMES AND SENTINEL, COLUMBUS, GEORGIA.

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TABLE OF TITLES AND DIVISIONS. PART I. PUBLIC LAWS. TITLE I.ACADEMIES AND FREE SCHOOLS. TITLE II.AGRICULTURE AND COMMERCE. TITLE III.APPROPRIATIONS. TITLE IV.ATLANTA MEDICAL COLLEGE. TITLE V.ATTACHMENT AND GARNISHMENT. TITLE VI.BANKS AND BANKING. TITLE VII.CESSION TO THE UNITED STATES. TITLE VIII.CONSTITUTIONAMENDMENT. TITLE IX.COUNTIES. TITLE X.COUNTY OFFICERS AND RECORDS. TITLE XI.DEAF AND DUMB. TITLE XII.EVIDENCE. TITLE XIII.EXECUTORS, ADMINISTRATORS, c. TITLE XIV.GEORGIA MILITARY INSTITUTE. TITLE XV.INSOLVENT DEBTORS. TITLE XVI.INTERNAL TRANSPORTATION AND COMMUNICATION. ARTICLE I.RAILROADS. ARTICLE II.STEAM NAVIGATION. ARTICLE III.TELEGRAPH COMPANIES, c. ARTICLE IV.TURNPIKE COMPANIES. ARTICLE V.CANAL COMPANIES. TITLE XVII.JUDICIARY. ARTICLE I.SUPREME COURT. ARTICLE II.SUPERIOR AND INFERIOR COURTS. DIVISION I.SESSIONS AND ADJOURNMENTS. DIVISION II.JUDGES OF THE SUPERIOR AND JUSTICES OF THE INFERIOR COURTS. DIVISION III.ACTION. SUB-DIVISION I.PROCESS. SUB-DIVISION II.BAIL IN CIVIL CASES. SUB-DIVISION III.EXECUTIONS. SUB-DIVISION IV.CERTIORARI. SUB-DIVISION V.EQUITY PRACTICE. SUB-DIVISION VI.JURIES. SUB-DIVISION VII.SURETIES AND ENDORSERS.

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ARTICLE III.COURTS OF SPECIAL JURISDICTION. DIVISION I.CRIMINAL COURT OF ATLANTA. DIVISION II.CRIMINAL COURTS OF COLUMBUS AND ROME. DIVISION III.CRIMINAL COURT OF MACON. DIVISION IV.CITY COURT OF SAVANNAH. TITLE XVIII.JUSTICES' COURTS. TITLE XIX.LAND. TITLE XX.LEGISLATURE. TITLE XXI.LUNATIC ASYLUM. TITLE XXII.MILITIA. TITLE XXIII.PENAL CODE. TITLE XXIV.PUBLIC RECORDS. TITLE XXV.SAVANNAH MEDICAL COLLEGE. TITLE XXVI.STATE OFFICERS. TITLE XXVII.TAX.

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PART II. LOCAL AND PRIVATE LAWS. TITLE I.ACADEMIES, COLLEGES, TEACHERS OF THE POOR, c. TITLE II.APPROPRIATIONS. TITLE III.BRIDGES, FERRIES AND DAMS. TITLE IV.CHARITABLE INSTITUTIONS AND CHURCHES. TITLE V.CITIES AND TOWNS. TITLE VI.CORPORATIONS. ARTICLE I. COMMISSIONERS. ARTICLE II. INSURANCE COMPANIES. ARTICLE III. MANUFACTURING COMPANIES. ARTICLE IV. MINING COMPANIES. ARTICLE V. STEAM SAW MILLS. TITLE VII.COUNTY LINES. TITLE VIII.COUNTY OFFICERS. TITLE IX.COUNTY REGULATIONS. TITLE X.COUNTY SITES AND COURT HOUSES. TITLE XI.EXECUTORS, ADMINISTRATORS, ORDINARIES, c. TITLE XII.GRANTS. TITLE XIII.JUSTICES OF THE INFERIOR COURT. TITLE XIV.JUSTICES OF THE PEACE. TITLE XV.JURORS, COURTS, c. TITLE XVI.LOTTERIES. TITLE XVII.MILITARY. TITLE XVIII.PATROL LAWS. TITLE XIX.PEDDLERS. TITLE XX.PHYSICIANS. TITLE XXI.PILOTS AND PILOTAGE. TITLE XXII.PRIVILEGES AND EXEMPTIONS. TITLE XXIII.RIVERS. TITLE XXIV.ROAD LAWS. TITLE XXV.RELIEF LAWS. ARTICLE I. HEIRS AND MINORS. ARTICLE II. MARITAL RIGHTS. ARTICLE III. SURETIES, EXECUTORS, c. ARTICLE IV. MISCELLANEOUS RELIEF. TITLE XXVI.SLAVES. TITLE XXVII.TAX.

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PREFACE. The following Compilation of the Laws passed by the Legislature of Georgia, in the year 1857, does not vary materially in plan or arrangement from former Compilations of previous Legislatures. The usual enacting and repealing clauses have been greatly abridgbed, as in the former Compilation by Mr. Duncan, in accordance with the instructions of his Excellency the Governor; a copy of which is here inserted, to-wit: EXECUTIVE DEPARTMENT, Milledgeville, Georgia, December 26th, 1857. SIR: In Compiling the Laws passed by the General Assembly at the late Session, with the view of avoiding unnecessary expense in printing and publishing, you are authorized to abbreviate the enacting and repealing clauses of each Act, where such abbreviations will not, in the least, alter the meaning of the Act, in conformity with the plan of compiling the laws of 1855-6, adopted by J. W. Duncan, Esq., in obedience to the order of Governor Johnson. Yours, respectfully, c., JOSEPH E. BROWN, Governor. E. N. BROYLES, Esq., Compiler. The annotations to the public acts are as full and appropriate as the plan of the compilation and the time allowed for its completion would conveniently admit. In regard to the decisions of our Supreme Court, the Compiler has not confined himself to the letter of the law, which requires reference to be made to such of those decisions only as have been made since the last publication of the Laws, c. Where a Statute repeals or modifies an old and established principle of law, reference is made to such decisions as contain and assert such principle without regarding the time when they may have been made, whether before or since the last publication of the Laws. This course, it is believed, will prove more useful and satisfactory to all. There were two Bills, which, by a mere oversight, the Speaker of the House of Representatives did not sign. Hence they are not laws, and are not inserted in this Compilation. The Constitution (article 1, section 17th, Cobb's Dig. p. 1114) requiring that all Acts shall be signed by the President of the Senate and the Speaker of the House, c. One of those Acts authorized an appeal from the return of Commissioners appointed to set apart a year's support for the widow, c. upon the death of her husband. The other incorporated the Merchants and Mechanics Mutual Insurance Company, in the city of Macon. Two Acts that were passed are not inserted in this Compilation, because there are two others the same throughout with them respectively. The numbers, however, are inserted in their proper places. See Nos. 195 and 276, and notes thereto. Respectfully submitted, E. N. BROYLES, Compiler. EXPLANATORY NOTE. Wherever in the Engrossed Acts and the Enrolled Laws, a word, obviously wrong, was used, or the use of an important word was omitted, the proper word has been inserted in brackets, followed by a mark of interrogation. Important variations between the Engrossed Acts and the Enrolled, have also been noted. STATUTES OF GEORGIA, PASSED BY THE GENERAL ASSEMBLY OF 1857 PUBLISHED BY AUTHORITY. JOSEPH E. BROWN, GOVERNOR OF GEORGIA, JOHN E. WARD, PRESIDENT OF THE SENATE, JOHN. W. H. UNDERWOOD, SPEAKER OF THE HOUSE OF REPRESENTATIVES. PART I.----PUBLIC LAWS. TITLE I. ACADEMIES AND FREE SCHOOLS. SEC. 1. Commissioner of poor children. SEC. 2. List of poor children. SEC. 3. Justice of Peace compellable to furnish list of. SEC. 4. Book containing list. SEC. 5. Teachers, their pay. SEC. 6. Claims for teaching. SEC. 7. Claims to be paid pro rata. SEC. 8. Compensation of Commissioners. SEC. 9. Local. SEC. 10. Repealing clause. SEC. 11. Georgia Academy for the Blind. SEC. 12. Governor to draw his warrant. SEC. 13. Further appropriation. SEC. 14. Provision by will for educating poor boys and young men. SEC. 15. Ordinary to carry out the will. SEC. 16. Bond not transferable. SEC. 17. Repealing clause. (No. 1.) An Act to render certain the compensation of teachers of poor children of the respective counties of the State, and to secure to poor children the benefit of the poor school fund. WHEREAS: From a misapprehension or misunderstanding of the laws now in force in relation to the proper ascertainment of the children of this State who are entitled to the benefits of the poor school fund, or from want of a proper attention on the part of persons entrusted with this duty, many children have been excluded from a participation in the fund provided by law, and [as] whereas many worthy but poor persons, after having taught such children, have been unable to get any compensation therefor, for remedy whereof, Preamble. Laws not understood. Poor children have been excluded. Teacher not paid.

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1. SECTION I. Be it enacted, [That?] the Ordinary of eachcounty and his successor in office, or the person on whom the duties of the office of Ordinary may devolve, by whatever name such officer may be called, shail be, and is hereby appointed a Commissioner of the poor children in his county respectively. Enacting clause. Ordinary, c., of each county made Commissioner of poor children. 2. SEC. II. Be it enacted by the authority aforesaid, It shall be the duty of said Commissioner to require from each Justice of the Peace in his county to furnish him with a full and complete list of all the poor children in his district between the ages of six years and eighteen * * By Act of 1852 (Acts of 1851-'2, page 3,) from 8 to 16. years, by or before the first day of January, in each and every year. Commisioner to require each Justice of Peace in his co. to furnish list of poor children in dist between 6 and 18 y'rs by 1st of Jan. every year. 3. SEC. III. Be it enacted by the authority aforesaid, That said Commissioners of the poor children shall have full power and authority to enforce obedience from said Justices, and each of them, by attachment [as] for contempt. Com. may force the Justices to make ret'ns by attachm't for cont'mpt 4. SEC. IV. Be it enacted by the authority aforesaid, That it shall be the duty of said Commissioner to enter plainly, in a well bound book, to be kept for that purpose, the names of all the children entitled to the benefit of the provisions of this act. Com. to enter names of poor child'n in a bound book. 5. SEC. V. Be it enacted by the authority aforesaid, That said Commissioner shall have full power and authority to pay competent teachers out of any funds in his hands, when the services shall have been actually performed, such sums as are paid for like services by other patrons of such teachers. Com. authorized to pay reachers of poor child'n. 6. SEC. VI. Be it enacted by the authority aforesaid, That all claims for teaching poor children shall be submitted to said Commissioner, who shall have proof touching such service, and he shall allow and pay, when in funds, all claims where, in his judgment, under the proof, the service has been rendered and the teacher really entitled to pay, having due regard to the real merits and justice of the claim, whether such service was rendered before or after the passage of this act, or whether such children have been returned or not. Teachers claims to be submitted to Com. who is [Illegible Text] hear evidence c., and to determine according to justice. 7. SEC. VII. Be it enacted by the authority aforesaid, That if the said Commissioner has not enough funds in hand to pay all claims so audited, in full, he shall pay pro. rata. as far as his funds will extend, every claim so allowed, to stand on the same footing as to payment without any regard as to the time when the service was rendered. If not enon'h funds claims to be paid pro rata without regard to date. 8. SEC. VIII. Be it enacted by the authority aforesaid, That said Commissioner shall keep regular, fair and full accounts of all his receipts and disbursements, and shall receive as a compensation for all services touching or concerning his office, five By Act of 1852, (Acts of 1851-'2, p. 2,) 2 per cent. on all moneys received and paid out. REF. NOTE 1.By act of 1852, (see Acts of 1851-'2, p. 3,) the School Commissioner might appoint two persons in each militia district to assist him in making out such list. SUP. C'T DECIS.Under the Act of 1852 the accounts of teachers of the poor are not extinguished by receiving the ratable distribution provided by that Act, but the balances stand in order, to be paid according to seniority, out of the taxation of next year, 17 Ga. Rep., 179. See also 13 Ga. Rep., 502. per cent. on all sums received and paid out and no more, and shall present his

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accounts to the Grand Jury of the county respectively, whenever thereto required. Com to keep acc'ts of all receipts and disbursem'ts Com. to receive 5 per c't. com. on all moneys rec'd and p'd out and shall present his acc'ts to G'd Jury when required. 9. SEC. IX. Be it further enacted, That the counties of Lumpkin, Dawson, and Rabun and Appling, be and the same are hereby exempt from the provisions of this Act. Certain co.'s exempt from operations of this statute. SEC. X. (Repeals all conflicting laws.) ASSENTED to December 17th, 1857. (No. 2.) An Act to appropriate money to erect a building for the Georgia Academy for the Blind, and to defray the expenses of the pupils of said Academy. WHEREAS: The sum of money heretofore appropriated by an Act entitled an Act to appropriate money to erect a necessary building for the accommodation of the pupils at the Institute for the Blind, located in the city of Macon, approved March 1st, 1856, is insufficient for that purpose, therefore: Preamble. 11. SECION. I. Be it enacted, That in addition to the sum appropriated by the above mentioned Act, the further sum of thirty-five thousand dollars be and the same is hereby appropriated to erect and complete a necessary building for the pupils of the Georgia Academy for the Blind. $35,000 appropriated to the Georgia Academy for the Blind. For a building. 12. SEC. II. And be it further enacted by the authority aforesaid, That the Governor be, and he is hereby authorized and required to draw his warrant in favor of the trustees of said Academy for said appropriation in such sums and at such times as the progress of the building shall require, upon their giving satisfactory bond for the faithful disbursement of the same, as contemplated by this Act. Gov. to draw his warrant for the same, c. Bond. 13. SEC. III. And be it further enacted by the authority aforesaid, That the further sum of forty-five hundred dollars be, and the same is hereby appropriated to defray the expenses of the pupils of said Academy for the year, from November 1st, 1857, to November 1st, 1858; and that the Governor be and he is hereby authorized to draw his warrant upon the Treasury in favor of said Trustees for the sum last aforesaid. $4,500 app'd to defray expenses of pupils from 1st Nov. 1857 to Nov. 1st, 1858. Gov. to dr'w his warrant for same. APPROVED 18th December, 1857. (No. 3.) An Act to encourage persons making a will to provide a permanent fund for the collegiate preparation and education of indigent boys or young men. 14. SEC. I. Be it enacted by the Legislature of the State of Georgia, That from and after the passage of this Act, when any person dying shall, by will or otherwise, provide a fund, the interest wherof is directed to be applied for the perpetual preparation of

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poor or indigent boys or young men, and paying their expenses of board, tuition, clothing, books, c., in preparatory schools to enter college, and also in paying expenses of board, tuition, clothing, books, c., through a collegiate course of study, that an application made to his Excellency, the Governor of the State, for the time being, and a tender of the funds so left, it shall be the duty of the Governor to receive the same, and to cause a bond to be made for the same, bearing the legal interest fixed by law as between private persons, the interest to be paid semi-annually to such person as the donor may designate, provided, however, the principal is at no time to be discharged and the interest not to be paid but for the purpose aforesaid. [Illegible Text] of poor boys, c., by will c. Gov. when funds tendered to him to have bond made for same at legal interest. Int'rest to be p'd semi-annually. 15. SEC. II. That whenever any donor, for the purpose herein described, shall, by will or otherwise, make such bequest of such fund, or settle such fund in any other manner, upon the Ordinary of the county, or upon such tribunal or person, or persons, or judicial tribunal as shall represent the general powers now vested in the Ordinary, that such Ordinary, or such persons thereafter to be elected, shall take upon himself or themselves, the duty and responsibility of applying the interest of such fund to the persons aforesaid, and in manner as directed by the donor; that upon failure to do so, such officer or officers shall be liable for a breach of duty, as for any other breach of official duty, provided, however, such Ordinary, person or persons, which shall represent the general powers now vested in the Ordinary, shall be entitled to receive ten per cent on all sums of interest so received and expended as aforesaid, but no commissions whatever on the principal. Fund settled upon Ordinary. He must apply the interest. Neglect a breach of official duty. Fees ten per cent on int't received and paid out. 16. SEC. III. That such bond as aforesaid shall not be transferable, but shall descend to successors in office, or to such tribunal as shall represent the general powers now vested in the Ordinary. Bonds not transferable but descends to successor. 17. SEC. IV. (Repeals conflicting laws.) ASSENTED to December 22d, 1857.

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TITLE II. AGRICULTURE AND COMMERCE SEC. 1. Inspector of Liquors, c. SEC. 2. His duties, SEC. 3. Sale of drugged liquors indictable. SEC. 4. Person hindering Inspector. SEC. 5. Inspector's compensation. SEC. 6. Manufacturer of such liquors. SEC. 7. Repealing clause. SEC. 8. 2nd Sec. of Act Feb. 1856, amended. SEC. 9. Forfeiture for violation. SEC. 10. Non-residents. SEC. 11. Repealing clause. SEC. 12. Rice, title to upon sale. SEC. 13. Purchasers of Rice. SEC. 14. Repealing clause. SEC. 15. Proviso of Act, Dec. 30th, 1847, repealed. SEC. 16. Repealing clause. SEC. 17. Non-residents forbidden to hunt in the State. SEC. 18. Violation a misdemeanor. SEC. 19. Non-residents, defined. SEC. 20. Repealing clause. (No. 4.) An Act to authorize and empower the City Council of Augusta, and the several City authorities in this State, as well as the several Inferior Courts in this State, to elect or appoint a liquor Inspector, and present and punish the selling and manufacturing of drugged or other poisonous and deleterious liquors, spirits and wines. The General Assembly of Georgia, do enact as follows: 1. SEC. I. It shall and may be lawful for the city authorities of Augusta, as well as the several city authorities in this State, and the Inferior Courts of the several counties in this State, to elect or appoint an Inspector of liquors spirits and wines. Inspectors of Liquors, c. 2. SEC. II. It shall and may be lawful for said Inspector, after being duly elected as aforesaid, and qualified to faithfully discharge the duties of Inspector, to examine and inspect all liquors, spirits and wines, kept by any person or persons within their respective jurisdictions, for sale in any quantities, and if upon said inspection, and examination, said liquors, wines, or spirits, shall be found, or ascertained to contain any strichnine, or other poisonous drug or drugs, or offensive matters, injurious to health by drinking, or other uses, to give notice to the owners thereof, who shall immediately remove the same out of the State. Inspector's duty, He must give notice to owners of drugged, c. liquor who must remove it out of the State. 3. SEC. III. If any person or persons shall sell or offer to sell, any liquors, spirits, or wines, knowing them to be so drugged, or after said notice within this State, said person or persons, shall be indicted in the Superior Court of the county where said offence was committed; and on conviction shall be fined for the first offence, one hundred dollars, for the second offence two hundred dollars, for the third offence four hundred dollars, and for the fourth offence, one thousand dollars, and imprisonment until paid. Person selling or offering knowingly, to sell drugged liquors in this State to be fined, For 1st. offence, $100, For 2d, $200, for 3d, $400, for 4th $1000 and impris, 'till paid. 4 SEC. IV. If any person or persons shall refuse, or in any way prevent said Inspector from making said examination and inspection provided for in this act, after the second demand being made by said Inspector, upon indictment and conviction therefor, he shall be fined and punished as above provided in the third section of this act,

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provided, said Inspector shall make the second demand in the presence of a competent witness and prove the same, by said witness on the trial. Person refusing Inspector to examine liquor after 2d demand, punished as in 3d, section. Second demand to be made in the presence of witness. 5. SEC. V. Said Inspector shall receive from the owner of said liquors, spirits or wines, for every ten gallons so inspected, five cents; for twenty gallons, ten cents; for forty gallons, fifteen cents; for eighty gallons, twenty cents; for one hundred and sixty gallons, twenty-five cents; and at the same rate and proportion, upwards, for any and every gallon he may so inspect, and shall, if required, give a receipt and certificate therefor and brand said barrels, kegs or pipes, when the means is or may be provided therefor, by the owner or owners thereof, and shall also receive one half of all fine moneys arising under convictions for violating the third and fourth sections of this act, which shall by no means disqualify him from being a witness for the State, in all cases of Indictment for violations of this Act, or the section or sections hereof. Inspector's fees paid by owner of liquors. Inspector to give certificate to owner and brand barrels, c. Inspector to receive half of the fine monies collected. Not to disqualify him from being witness for State. 6. SEC. VI. If any person or persons shall manufacture any drug, poisonous or other deleterious and offensive liquors, wines, or spirits, other than from grapes, corn, rye, wheat, barley, peaches, apples, and like commodities, such person so offending, shall and may be indicted in the Superior Courts of the country where the offence was committed in this State, or [for?] a misdemeanor and on conviction thereof, shall be fined and imprisoned in the common jail of the county, at the discretion of the Court. Manufacturing drugged or poisonous liquors, a misdemeaner, Panishment fine and imprisonment in co. jail. 7. SEC. VII. (Repeals conflicting laws,) Repealing clause. Assented to, December 22d, 1857. (No. 5.) An Act to alter and amend an Act entitled an Act to protect the planters of oyster beds, and give exclusive right to usufruct of natural beds of oysters, in certain cases, and to prevent the taking of terrapins and turtles, in certain seasons, approved February 18 th, 1856. 8. SEC. I. That said second section of said Act be so amended as to read one hundred and twenty yards, instead of one hundred and twenty feet, in width. 2nd sec. of Act, 18th, of Feb. 1856, amended. 9. SEC. II. And be it further enacted, That if any person shall violate the provisions of this Act, in addition to the fine * * REF. NOTEBy Act of 1856, (Acts 1855-'56, p. 14,) persons violating that Act, were subject to a penalty of not less than fifty nor more than five hundred dollars. imposed by said Act, he shall forfeit his fishing vessel or boat, seines and implements, and that one-half of said forfeiture be given to the informer, and the other half to the county where the infringement of the provisions of this Act was committed. Forfeiture of fishing vessel, c., Half to informer. Half to the county, c. 10. SEC. III. And be it further enacted, That no person being a non-resident of this State, shall, in any of the sounds, inlets, rivers, or creeks, or in any of the tidal waters of the State of Georgia, use

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any description of seine, or net for the purpose of capturing terrapins, and that any violation of this section of this Act, shall come under the full penalties of the Act, of which this is an amendatory Act, and also the additional penalties attached to this Act. Non-residents not to use seine or net, in the sounds, inlets, rivers, creeks, or tidal waters of the State, for taking terrapins. Under the penalties of this, and the Act it is intended to amend. 11. SEC. IV. (Repeals conflicting laws.) Assented to December 17th, 1857. (No. 6.) An Act for the protection in certain cases of Planters and Rice Sellers within the State of Georgia, and for other purposes. 12. SEC. I. Be it enacted, That from and after the passage of this Act, rice sold by planters and commission merchants on cash sale shall not be considered as the property of the buyer, or the ownership given up until the same shall be fully paid for, although it may have been delivered into the possession of the buyer, any law usage or custom to the contrary notwithstanding. Upon sale of rice title not to pass [Illegible Text] paid for. 13. SEC. II. And be it further enacted, That any person engaged in the business of buying rice, either on his own account or for others, who shall buy, or engage to buy rice on sale from a planter or commission merchant, and shall fail or refuse to pay for the same, and shall make way with or dispose thereof before he shall have paid for the same, shall be deemed guilty of fraud and embezzlement, and shall be liable, on conviction, to be imprisoned in the Penitentiary not less than one nor more than five years, at the discretion of the Judge trying the case. * * REF. NOTE.A similar Act relating to sale of Cotton was passed in 1854. (Acts 1853-'54, p. 56.) Person buying rice and disposing of it before p'd for, guilty of felony. Punishm'nt, imprisonm't in Pen-tentiary from 1 to 5 years. 14. SEC. III. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. (No. 7.) An Act to amend a portion of an Act assented to December 30 th, 1847, entitled an Act to abolish the allowance of tare or gross weight on bales of unmanufactured cotton. 15. SEC. I. Be it enacted, That the proviso in the second section of the above recited Act * * For the Act above referred to, See Cobb's Dig. p. 68. be, and the same is hereby declared to be null and void, and that the above mentioned Act be re-enacted and remain in full force, with the proviso in said act stricken out. Proviso of Act of Dec. 30, 1847, declared null and void. 16. SEC. II. (Repeals conflicting laws.) ASSENTED to December 21st, 1857. (No. 8.) An Act to prohibit non-residents from hunting, ducking and fishing within the limits of the State of Georgia. WHEREAS: Much inconvenience arises to planters and landholders,

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whose lands lie on or near the navigable rivers and waters of this State, by reason of the unauthorized intrusion upon the same of non-resident fishermen, hunters and duckers, who destroy the game as well as hold illegal and improper conversation and intercourse with the slaves thereon; for remedy whereof. Preambie. 17. SEC. I. Be it enacted, That from and after the passage of this Act, it shall not be lawful for any non-resident of this State to use a gun, set a trap, or decoy, or to employ any other device for killing or taking deer, turkeys, ducks, or any other game; nor to set a trap or sein, or net, or draw or use the same, or any other contrivance for taking or killing fish within the territorial limits of this State. Non-residents forbidden to hunt [Illegible Text] in this State. 18. SEC. II. That every person who shall offend against the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding two hundred dollars, nor less than one hundred dollars, and imprisonment not exceeding three months nor less than one month, in the common Jail of the county wherein such offence may have been committed. Violation a misdemeanor. Fine from $100 to $200. Imprisonm't from 1 to 3 months in com. jail of county. 19. SEC. III. That all persons shall be deemed and taken as non-residents within the meaning of this Act, who shall not have had their actual domicil in this State for two years next preceeding their use of any of the implements of the chase or fishery, forbidden by this Act. But nothing herein contained shall be construed as prohibiting any landholder from authorizing any person to hunt or shoot ducks or other game, or to fish, within the boundaries of his own land. Non-resid'ts defined. Landholders may authorize persons to hunt, c., on his own land. 20. SEC. IV. (Repeals conflicting laws.) ASSENTED to December 22d, 1857.

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TITLE III. APPROPRIATIONS. * * For appropriations to the Lunatic Asylum. Atlanta Medical College and to the Savannah Medical College, see those titles respectively. For appropriations to individuals by way of relief, see titles Appropriations and Relief Laws, under Local and Private Laws. SEC. 1. Various salaries. SEC. 2. Contingent fund for 1858, Printing fund; advancement to State Printer, Military Store Keeper at Savannah, do. At Milledgeville. SEC. 3. Salary of Sup't Lunatic Asylum for 1858; pay of other officers, c., for 1858; support of pauper patients for 1858. SEC. 4. President Senate and Speaker House, Members General Assembly. SEC. 5. Secretary Senate and Cl'k House and other Clerks. SEC. 6. Inspector of Penitentiary; Messenger to Ex. Department. SEC. 7. Chaplain Penitetiary; to clean Senate and Rep. Halls; to Maltbie, Cleveland Co. SEC. 8. Messengers and Door Keepers. SEC. 9. To purchase provisions for Penitentiary for 1858. SEC. 10. State House Guard for 1858; pay to Senators Gresham and Colquitt. SEC. 11. State Library and State Librarian. SEC. 12. Pay of Duncan J. Davis, deceased member, to his widow. SEC. 13. To Surveyor General. SEC. 14. Clerk Supreme Court for stationery, c. SEC. 15. E. Waitzfelder Co. SEC. 16. Certain per cent. of salaries may be paid before end of quarter. SEC. 17. To pay Military Store Keeper at Milledgeville for 1856 and '57. SEC. 18. State House Clock for 1858; to Matt. C. Butts. SEC. 19. Additional to Deaf and Dumb Asylum; monument to Duncan J. Davis; furniture for Executive Mansion, c. SEC. 20. John F. Condon. SEC. 21. T. R. R. Cobb. SEC. 22. For clock in Senate Chamber. SEC. 23. Additional to Messengers and Door Keepers. SEC. 24. S. G. Williams and others, committee to examine Academy for the Blind. SEC. 25. To Joseph A. Shewmake and Hugh Walton. (No. 9.) An Act to appropriate money for the support of the Government for the political year of eighteen hundred and fifty-eight, and for other purposes therein named. 1. SECTION I. Be it enacted c., That the following sums of money be and the same are hereby appropriated to the respective persons and objects hereafter named, viz: The sum of three thousand dollars to his Excellency, the Governor, as his salary; and the sum of sixteen hundred dollars each to the Comptroller General, the Secretary of State, the Treasurer and Surveyor General for the year 1858, and the sum of twelve hundred and fifty dollars each to the Secretaries (not exceeding three) employed in the Executive Department; the sum of eighteen hundred dollars to each of the Judges of the Superior Courts for the several Judicial Circuits within this State, and such as may be created by the General Assembly for the year 1858; the sum of twenty-five hundred dollars to each of the Judges of the Supreme Court for the correction of errors, and the sum of two hundred and twenty-five dollars to each [of?] the Attorney Generals and Solicitors General for the year 1858. Appropriation. Governor's salary. Sal. of State House offi'rs Gov.'s Secretaries. Judges Superior Court. Judges Supreme C't. Solicitors General.

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2. SEC. II. And be it further enacted, That the sum of fourteen thousand dollars be appropriated as a contingent fund for the year 1858; that the sum of fifteen thousand dollars be appropriated for a printing fund for the current year, and that in case of deficiency in this appropriation the Governor is hereby authorized to draw his warrant upon the Treasury for the deficit, to be paid out of any money in the Treasury not otherwise appropriated, and that after the passage of this Act the Governor be authorized to draw his warrant upon the Treasury in favor of the State Printer, for the sum of five thousand dollars, as an advance on the State printing; and the sum of three hundred dollars for the pay of the Military Store Keeper at Savannah, for 1858; and the sum of one hundred and fifty dollars for the pay of the Military Store Keeper at Milledgeville, for the year 1858. $14,000 Contingent fund for 1858 $15,000 for printing fund Gov. to draw warrant for deficiency. Gov. to draw warrant for $5,000. $300 for Mil. Store Keeper at Sav. $150 for Mil. Store keeper at Mill'e. 3. SEC. III. And be it further enacted, That the sum of eighteen hundred dollars be appropriated to pay the salary of the Superintendent and resident physician of the Lunatic Asylum for the year 1858; the sum of ten thousand dollars for the payment of the Trustees, Attendants, servants' hire, Treasurer and subordinate officers for the year 1858; and the sum of fifteen thousand dollars for the support of pauper patients in the Asylum for the year 1858. Phys. and Sup. of Lun. Asylum. $1800 for y'r 1858. $10,000 for other offie'rs c. $15,000 for sup't of pauper patients for y'r 1858. 4. SEC. IV. And be it further enacted, That the sum, of seven dollars each, per day, be paid to the President of the Senate and the Speaker of the House of Representatives during the present session of the General Assembly, and the sum of four dollars for every twenty miles of travel going to and returning from the seat of Government, the distance to be computed by the nearest route usually traveled, not including railroad or steamboat travel; the sum of six dollars each, per day, to the members of the General Assembly, during the present session, and four dollars each, for every twenty miles travel, going to and returning from the capitol, under the same rules which apply to the President of the Senate and the Speaker of the House, provided that no member shall receive pay for time he may have been absent without leave, except on account of sickness of himself or family. Presid't and Speaker $7 per day. Traveling exp's $4 for every 20 m. going and returning. Members $6 per day. $4 for every 20 m. going and return'g No pay for absence unless for sickness, c. 5. SEC. V. And be it further enacted, That the Secretary of the Senate and the Clerk of the House of Representatives each, be paid the sum of five hundred dollars for the pear 1858; Provided, That no warrant shall issue for the first quarter's salary of either until his Excellency, the Governor, shall have satisfactory evidence that they have respectively made, or caused to be made and attached to the Journals of their respective Houses, a good and sufficient index, and have carefully marked and filed away all reports of standing committees, and all other papers of importance connected with either house; the sum of seven dollars per day each, to the Secretary and Assistant Secretary of the Senate, the Clerk and Assistant Clerk of the House of Representatives; the sum of seven dollars per day to one Journalizing and two Recording Clerks of each House, and the sum of six dollars per day each, to all other Clerks of either House for the time they have been actually employed, which shall only be

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allowed them upon the certificate of the Secretary or Clerk or Chairman of the Committee, stating that he required their services and that they were actually performed, and the sum of fifty dollars each, to the Secretary of the Senate and the Clerk of the House of Representatives, for contingent expenses of their respective offices, and that the sum of seven dollars per day be given to the chief enrolling Clerk of the Senate and chief enrolling Clerk of the House, and the sum of two hundred dollars be and the same is hereby appropriated as additional compensation for the Journalizing Clerk of the House, J. T. Taylor, Esq., and to F. H. West, Journalizing Clerk of the Seuate. Sec'y Sen. and Cl'k H. $500 provided they do their duty, c. $7 per day to Sec'y and Ass't and Clerk and Ass't and $6 per day to their clerks. Sub. Clerks must have certificate of service. $50 each to Sec'y Sen. and Clerk of House for contingent expenses. $7 per day to Chief Enrolling Clerk of Sen. and H. $200 Journalizing Cl'k of Sen. and House. 6. SEC. VI. And be it further enacted, That the Inspector of the Penitentiary shall be paid the sum of five hundred dollars for the year 1858; Provided, His Excellency, the Governor, shall consider his services necessary; and the sum of five hundred dollars to pay the Messenger to the Executive Department, for the year 1858. $500 for Inspector of Penitentiary $500 to [Illegible Text] Ex. Dep't 7. SEC. VII. And be it further enacted, That the sum of one hundred and fifty dollars be paid to the Chaplain of the Penitentiary for the year 1858; and the sum of fifty dollars to some suitable person to be selected by the Governor, to scour and keep clean, air the chambers and dust the carpets of the Senate and Representative Halls; and [that?] the sum of nineteen hundred and thirty-three dollars and seventy-seven cents ($1933 77) be and the same is hereby appropriated towards the payment of the balance of an account of Maltbie, Cleaveland Co., against the State, for leather furnished for the use of the Penitentiary, and that the Governor be and is hereby authorized to draw his warrant for the same. $150 to Chap of Peniten'y $50 for cleaning c. State House. $1,933 77 for Maltbie Co. 8. SEC. VIII. And be it further enacted, That the sum of six dollars per day, be paid to each of the Messengers and Doorkeepers of the Senate and House of Representatives during the present session. $6 per day to each Mess. and Door Keeper. 9. SEC. IX. And be it further enacted, That the sum of twenty-five hundred dollars be and the same is hereby appropriated to purchase provisions for the use of the Penitentiary for the year 1858. $2500 to purchase provisions for Pen itentiary for 1858. 10. SEC. X. And be it further enacted, That the sum of eleven hundred and eighty-six dollars and twenty-five cents be and the same is hereby appropriated for the year 1858, to pay the State House Guard; and that the Hon. E. B. Gresham, Senator from Burke, and the Hon. Peyton H. Colquitt, Senator from Muscogee, be and they are hereby authoried to receive their per diem pay from the first of the session. $1186 25 for State House Guard for year 1858. Gresham and Colquitt to have per diem from first of session. 11. SEC. XI. And be it further enacted, That the sum of one thousand dollars be and the same is hereby appropriated for the year 1858, for the increase of the State Library, to be expended by his Excellency, the Governor, in selecting and purchasing such books as he may think necessary, and the further sum of six hundred dollars for the year 1858, to pay the State Librarian. $1000 to increase State Library for 1858. $6000 to State Librarian. 12. SEC. XII. And be it further enacted, That the mileage and per diem pay of the Hon. Duncan J. Davis, deceased, late a Representative

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sentative from the county of Early, for the whole of the present session, be paid to the widow of the deceased, and that Hon. Berry Collier, from the county of Early, be authorized to receive and pay over the same to the widow of the late Hon. Duncan J. Davis; and that the mileage and necessary expenses of the committee for conveying the remains of the late Hon. Duncan J. Davis, a member of the House, be audited by the Speaker of this House, and he draw his warrant upon the Treasury for the same. Mileage and per diem of Hon. D. J. Davis be p'd to his widow Expenses of Committee for carrying remains of D. J. Davis, deceased. 13. SEC. XIII. And be it further enacted. That the sum of thirty-seven dollars and fifty cents be and the same is hereby appropriated to pay the present Surveyor General for recording plats of the former Surveyor General. $37 50 to Surveyor General. 14. SEC. XIV. And be it further enacted, That the sum of one hundred dollars be and the same is hereby appropriated to pay the Clerk of the Supreme Court for the correction of errors, for stationery, and advertising notices of meeting of Courts. $100 to Clerk Supreme C't 15. SEC. XV. And be it further enacted, That the sum of twenty-nine hundred and fifty dollars and twenty-four cents be and the same is hereby appropriated to pay E. Waitzfelder Co., for articles furnished for the use of the Executive Mansion. $2950 24 to E. Waitzfelder Co., for articles, c. And be it further enacted, That the sum of twenty-four hundred and eighty-six dollars and twenty-one cents be and the same is hereby appropriated to pay E. Waitzfelder Co., for articles furnished for State House. $2,486 21 to E. Waitzfelder' Co., for articles furnished for State House 16. SEC. XVI. And be it further enacted, That the Treasurer be authorized to pay from time to time to the officers of the Government whose salaries are appropriated by this Act, seventy five per cent. of the amounts for which service has been actually rendered at the date of such 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 officer's salary. Treasurer to pay 75 per ct. of salaries due, from time to time. WHEREAS: The salary of the Military Store Keeper at Milledgeville, for the years 1856 and '57 was omitted in the last appropriation bill: Preamble. 17. SEC. XVII. Be it enacted, That the sum of three hundred dollars be and the same is hereby appropriated to pay the salary of the Military Store Keeper at Milledgeville for the years 1856 and '57. $300 for Mil. Store Keeper at Mill for 1850-'7. 18. SEC. XVIII. And be it further enacted, That the sum of fifty dollars be and the same is hereby appropriated for repairing and keeping in order the State House clock for the year 1858, also that the sum of fifty dollars be and the same is hereby appropriated to pay Matt. C. Butts for extra services in arranging, packing and forwarding ninety boxes of arms to Savannah. $50 for repairing State Clock for 1858. $50 to M. C. Butts, c. 19. SEC. XIX. Be it further enacted, That the sum of eight thousand dollars be and the same is hereby appropriated in addition to previous appropriations for the support, clothing, c., of the inmates of the Deaf and Dumb Asylum. $8000 for support, c., Deaf and Dumb. WHEREAS: It is customary to provide a suitable monument to the memory of our deceased associates and to designate the place of

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their interment; And whereas, In the decease of our late friend and associate, the Hon. Duncan J. Davis, Representative from the county of Early, the General Assembly of the State of Georgia has lost a faithful and efficient member, Preamble. Therefore, this General Assembly do hereby enact that the sum of two hundred dollars be and is hereby appropriated for a suitable monument, of Georgia marble, to mark the burial place of the Hon. Duncan J. Davis, Representative from the county of Early, having such inscription commemorative of the life and services of the deceased as may be ordered by the Hon. Benjamin Collier. $200 for erecting a monument over the remains of Hon. D. J. Davis. And be it further enacted, That the sum of two thousand two hundred and eighty-five dollars and ninety-seven cents (2,285 97) be and the same is hereby appropriated to pay for furniture selected for the Executive Mansion, by committee appointed under a resolution of the House of Representatives. $2285 97 for furniture for Ex. Mans'n. And be it further enacted, That the sum of fifty dollars be and the same is hereby appropriated to pay for cleaning, lighting and keeping in order the chandeliers of the Senate Chamber and Representative Hall during this session. $50 for clean ing, c., the chandaliers of Sen. and House, c. 20. SEC. XX. And be it further enacted, That his Excellency, the Governor, be authorized to draw his warrant on the Treasurer for such amount as in his opinion is just and proper to compensate John F. Condon, State Librarian, for extra services rendered in preparing a catalogue of the State Library, under the recommendation of the late Governor. J.F. Condon to be paid for making catalogue of State Lib'y. 21. SEC. XXI. And be it further enacted, That the sum of eight hundred and thirty-five dollars be and the same is hereby appropriated to pay T. R. R. Cobb for one hundred and sixty-seven volumes of Supreme Court Reports purchased by executive authority. $835 to pay T. R. R. Cobb for 167 vols. Sup'e C't Reports. 22. SEC. XXII. And be it further enacted, That the sum of twelve dollars be appropriated to the Secretary of the Senate to pay for the clock in the Senate Chamber, ordered by a resolution of the Senate, and that his Excellency draw his warrant for the same. $12 to Sec'y Senate for clock furnished. 23. SEC. XXIII. And be it further enacted, That the sum of one dollar per day, during the session of the present General Assembly, be paid Jesse Oslin, D. T. Summer, Messenger and Door Keeper of the House of Representatives, and V. A. Brewster and E. W. Allred, Messenger and Door Keeper of the Senate, in addition to their regular per diem allowed by this Act, for extra services as Messengers and Door Keepers of the Senate and House of Representatives. $1 per day to each Mess. and Door Keeper additional for ex. services. 24. SEC. XXIV. And be it further enacted, That the sum of five dollars and thirty cents be and the same is hereby appropriated to each of the following persons, to-wit: S. G. Williams, Samuel Tate, J. W. Staton, Matt. Ashley, Isaac H. Webb, William M. Clark, William Baily and Doct. Harrington, for traveling expenses, as Committee to examine the Academy for the Blind. $5 to each com. man to examine the Acad. of the Blind. 25. SEC. XXV. And be it further enacted, That the Governor is hereby authorized to draw his warrant on the Treasury for the sum of sixty dollars, in favor of Joseph A. Shewmake, for ten days service, rendered as witness in the contested Burke county election, also the sum of four dollars for every twenty miles coming [to?] and returning

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from Milledgeville. Also in favor of Hugh Walton, for forty-eight dollars, for eight days service rendered as witness, and four dollars for every twenty miles coming [to] and returning from Milledgevillesaid mileage to be estimated at eighty miles. $60 to J. A. Shewmake. And [Illegible Text] $64 to Hugh Walton. ASSENTED to 21st December, 1857. TITLE IV. ATLANTA MEDICAL COLLEGE. SEC. 1. Appropriation, $15,000 to pay for Collegiate building, furnish a museum, c. SEC. 2. Appropriation to be drawn by Treasurer of Board of Trustees. SEC. 3. One Student from each Congressional District instructed, free of charge during each Course of Lectures. (No. 10.) An Act to endow the Atlanta Medical College. 1. SECTION I. Be it enacted, That the sum of fifteen thousand dollars be and the same is hereby appropriated to and for the use of the Atlanta Medical College for the purpose of enabling the Board of Trustees of said Institution to meet the liabilities already incurred by them on the college building, and to be incurred in the completion of said building; also, in furnishing said Institution with a Museum and Library, and for such other purposes as the said Board of Trustees may deem necessary for the benefit of the College. App'priation of $15,000 to pay for Col. building and to furnish a museum library for the Atlanta Med. Col'ge. 2. SEC. II. And be it further enacted, That the said appropriation shall and may be drawn from the Treasury of the State by the Treasurer of said Board of Trustees, on presenting an order for the same from the president of the Board, with the seal of the College attached. App'priation how drawn from State Treasury. 3. SEC. III. And be it further enacted, That one student from each Congressional District in this State shall be entitled to receive instruction, during each Course of Lectures in said College, free of charge. Said students to be selected by the Representatives from the respective Congressional Districts. One student from each Cong. Dist. to be instructed free of charge during each Course of Lectures. 4. SEC. IV. (Repeals all conflicting laws.) APPROVED 21st December, 1857.

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TITLE V. ATTACHMENT AND GARNISHMENT. SEC. 1. Attachments in cases sounding in damages SEC. 2. Judgments in cases of attachment. SEC. 3. Lien of Judgments, c. SEC. 4. Judgment not to be delayed by objection to attachment. SEC. 5. Lien of attachment unaffected. SEC. 6. Repealing clause. SEC. 7. Attachment against Executor, c. SEC. 8. Attachments in City Courts. SEC. 9. How returnable. SEC. 10. How directed. SEC. 11. Where issued and levied. SEC. 12. Sale of property. SEC. 13. Garnishment. SEC. 14. Notice, witnesses, c. SEC. 15. Scire facias, c. SEC. 16. Non-resident Garnishee. SEC. 17. Oath, by whom administered. (No 11.) An Act authorizing attachments to issue in cases sounding in damages. 1. SECTION I. Be it enacted, That from and after the passage of this Act, in all cases of money demands, whether arising ex contractu or ex delicto, * * SUP. CT. DECIS. Attachment will not lie in this State for the recovery of unliquidated damages, consequent upon the breach of a covenant, but only upon contracts express or implied, for the payment of money, and to enforce which, debt, or indebitatus assumpsit could be maintained. 14 Ga. 230. Affidavit for a sum certain, subject to an unascertained set-off for work is sufficient. 18 Ga. R. 647. plaintiffs shall have the right to sue out attachment when defendant shall have placed himself in such situation as will authorize plaintiffs to sue out attachment, upon the plaintiffs complying with the statutes now of force in relation to issuing attachments. See Title Justices' Courts, No. 84, for act relating to attachment, c., in those Courts. Enacting clause. Attachm'nts to issue for demands arising ex delicto as well as ex contractu. ASSENTED to December 21st, 1857. (No. 12.) An Act to point out the mode and manner of obtaining Judgments on declarations in cases of attachments in the Superior and Inferior Courts of this State, and to give said Judgments lien as in cases at common law. 2. SECTION I. The General Assembly of the State of Georgia do enact, that from and after the passage of this Act, when Plaintiffs shall have filed their declarations in conformity with the 20th section of An Act approved March the 4th, 1856, entitled an act to authorize the issuing of attachments and garnishments, and to regulate proceedings in relation to the same, and for other purposes therein mentioned, and notice shall have been given in conformity with the 22d section of said act. No declaration shall be dismissed because the attachment may have been dismissed or discontinued;

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but Plaintiffs shall be entitled to jndgments on the declaration as in other cases at common law, upon the merits of the case. If plff. in attachm't has complied with the 20th 22d sec. of act of 4th March, 1856, no decla'ti'n is to be dismissed because the attachment is dism. or discontinued. 3. SEC. II. Be it further enacted by the authority aforesaid, That when judgments shall be obtained in conformity with this Act, they shall be of equal dignity with, and shall have the same lien that judgments obtained at common law do. Judgments under this act to have same dignity lien as those at com. law. 4. SEC. III. Be it further enacted by the authority aforesaid, That no traverse of the plaintiff's attachment affidavit, or other proceedings of the attachment, shall delay judgment on the declaration; but judgment may be had on the declaration, subject to the rules of common law as well before the trial of the issue made on the attachment proceedings as afterwards. No traverse, c., of affidavit to delay judgm't. 5. SEC. IV. Be it further enacted by the authority aforesaid, That nothing in this Act shall affect the lien of attachments as provided for now by law. This act not to affect lien of attachm't under existing laws. 6. SEC. V. (Repeals conflicting lwas.) ASSENTED to December 21st, 1857. SUP. CT. DECIS. 1. Attachment is good though the Officer omits to add J. P. to his name. 20 Ga. R. 735. 2. The affidavit was, that C. J. W.. partners, using the name of C. J. Co., were indebted, c., and that the said C. J. Co. reside out of this State. Held that it is sufficiently certain. 19 Ga R. 84. 3. The onus of showing that a note was transferred to plaintiff before garnishment served is on the plaintiff. 20 Ga. R. 477. 4. Debts secured by negotiable notes may be the subject of garnishment. 18 Ga. 650. 5. A transfer of notes as collaterals, places them beyond the reach of subsequent garnishment. Ibid. 6. If a garnishee answers that he is satisfied his note was transferred before the service of the summons, judgment cannot go against him. Idem 650. (No. 13.) An Act to amend the Attachment Laws of this State. 7. SEC. I. Be it enacted, That process of attachment may issue when the administrator on an estate, or the executor * * By Act of 1856, (Acts 1855 and 1856, p. 25,) attachment may issue when the debtor is actually removing or about to remove without the limits of any county. SUP. C'T DECIS.Garnishees answered that they had the estate of Travis N. in their hands, and that Thomas N., the debtor, was a legatee of Travis N., and that they could not say whether they had any effects of Thomas N. or not. Held, That this answer did not authorize the Court to give judgment against them. 22 Ga. Rep. 52, garnishment lies in a suit on a dormant judgment. Idem. of the last will and testament of any deceased person, shall be actually removing or about to remove without the limits of any county of this State, the property of said deceased person, provided final judgment shall not be entered up against said administrator or executor, until after the expiration of two years from date of grant of letters of administration or letters testamentary, as the case may be. Attach. may issue, vs. admr. or ex'r, when moving c property beyond limits of co. Final judg't 2 years after letters adm'r c. issued. ASSENTED to December 22d, 1857.

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(No. 14.) An Act to extend An Act, approved March 4 th, 1856, entitled An Act to authorize the issuing of Attachment and Garnishment, and to regulate proceedings in relation to the same, and for other purposes therein mentioned, and to amend said Act, and for other purposes therein mentioned. The General Assembly of the State of Georgia do enact as follows: 8. SECTION I. The provisions of the Act approved March 4th 1856, entitled An Act to authorize the issuing of attachments and garnishments, and to regulate proceedings in the same, and for other purposes therein mentioned, are hereby extended to all Courts established in incorporated cities in this State, which are Courts of record, exercising civil common law jurisdiction, and to the extent of their respective jurisdictions and no further. Act of Mar. 4th, 1856, extended to all city courts of record of civil jurisdicti'n 9. SEC. II. When the amount sworn to shall be within the jurisdiction of such city Courts, the attachment may be made returnable to the city Court of that city, where the defendant resides, or where he last resided, except where the defendant resides out of the State, then and in that case, the attachment may be returned to any city Court having jurisdiction of the amount. Attachm'nts how returnable. 10. SEC. III. Attachments returnable to any city Court, shall be directed to the Sheriff of such city, and to all and singular the Sheriffs and Constables of this State, who shall have all the authority in levying the same, that is given to officers by the seventh section of said Act. How directed. 11. SEC. IV. All attachments made returnable to the city Courts aforesaid, shall be issued at least ten days before the sitting of the Court next thereafter, and shall be levied at least nine days before such sitting, and all such attachments issued within ten days of any such sitting, shall be returnable to the Court next to be held after the expiration of such ten days. 10 days c., serv'd 9 days before court. When not issued 10 days before court, returnable at court after expiration of 10 days. 12. SEC. V. The Judge of any such City Court may order sales of property levied on under attachments returnable to this Court, in the same manner that a Judge of the Superior Court may do under the twelfth section of said Act, and such property when so ordered to be sold, shall be sold by the Sheriff of the city in such manner, at such place and after such notice as the Judge ordering the sale, may direct. Sales of property levied on. 13. SEC. VI When it is desired to garnishee persons not residing in the city in which the attachment issues, the same proceedings shall be had as are provided for in the fourteenth section of said Act, provided that the garnishee shall be required to answer at the Superior Court of the county of his residence. Persons not residing in the city how garnisheed 14. SEC. VII. The notice provided for in the twenty-second section of said Act, may be served by the Sheriff, or any Constable of the city in which the attachment issues, and plaintiffs in attachment may examine witnesses residing out of the city in which the attachment

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issues, upon complying with the requisites of the twenty-fourth section of said Act. Notice by whom served. Witnesses residing out of the city. 15. SEC. VIII. In all attachment cases in such City Courts, ten days notice by scire facius, as provided in the thirteenth section of said Act, shall be held and deemed sufficient. 10 days notice by scire facias. 16. SEC. IX. The proceedings authorized by the 47th section of said Act, shall be allowed in such City Courts, where the person sought to be garnisheed resides elsewhere than in the city where the judgment was obtained or where suit is pending, and the garnishee shall be required to answer at the Superior Court of his county next to be held thereafter, but if the next Court shall be held within less than ten days from the time such garnishment issues or is served, such summons of garnishment shall require such garnishee to appear and answer at the next Court thereafter. Section 47th of Act of March 4th, 1856, applied to city co'ts. Garnishee to answer to Sup'r C't of his county. 17. SEC. X. Any Judge of such City Courts, or any Mayor or Intendant of such incorporated cities, or any member of the City Council, may administer the oaths and issue attachments, and do all other things requisite or proper under said Act, in the same manner, and to the same extent as a Justice of the Peace, Magistrate or Notary Public may do under the said Act; provided, that in all such cases the attachments shall be returnable to, or the judgment has been obtained, or the suit is pending in the City Court of their respective cities. Who may administer oaths and issue attachments, c. ASSENTED to December 22d, 1857. REF. NOTE.For former law relating to attachments and garnishments in City Courts of Augusta, see Cobb's Dig., p 609, 613, 615; for law relating to the same subject in Courts of Common Pleas, c. in Savannah, see Cobb's Dig. p. 6267. TITLE VI. BANKS AND BANKING. SEC. 1. Act of 1840 suspended. SEC. 2. Damages allowed. SEC. 3. Governor to withhold judicial proceedings till 15th November, 1858. SEC. 4. Banks to pay specie on 15th November, 1858. SEC. 5. Banks to redeem their bills in specie to defendants in execution in certain cases. SEC. 6. Banks to receive their own notes, c., in payment to them. SEC. 7. Banks not to send capital out the State to buy notes. SEC. 8. Seven per cent. only allowed. SEC. 9. Not more than seven per cent. discount allowed. SEC. 10. Sight exchange only allowed to be sold, c. SEC. 11. Affidavits of Bank officers. SEC. 12. Perjury may be assigned. SEC. 13. Dividends. SEC. 14. Repealing clause. (No. 15.) An Act to provide against the forfeiture of the several Bank Charters in this State on account of non-specie payment for a given time, and for other purposes therein named. SECTION I. Be it enacted, That the Act entitled an Act to compel the several Banks of this State to redeem their liabilities in specie, and to provide for the forfeiture of the charters, c.. passed and

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assented to the 18th December, 1840, * * REF. NOTE. For Act of 18th December, 1840 see Cobb's Dig. 115; also Acts amendatory of that statute, Idem, Act of 21th November, 1841, p. 116Act of December 13th, 1842, p. 118, and p. 120, for Act of December 23d, 1843. SUP. CT. DEC. Act of 1840, declared constitutional, 5 Ga. Rep. 239. be and the same is hereby suspended until the fifteenth day of November, 1858. Act of Nov. 1840, susp'ded till Nov., 1858 SEC. II. Be it further enacted, That when any bank or banks now incorporated, or which may hereafter be incorporated in this State, shall refuse or fail to pay specie for any of its bills, notes of drafts, or other writing, for which they may be bound, when demanded by any individual or individuals, shall be liable to suit thereon in any of the Courts of Law or Equity in this State, and such individual or individuals, in addition to the principal of said notes, and the lawful interest thereon, shall receive ten per cent. damages, for such refusal or failure upon the amount so refused or failed to be redeemed in specie; and it shall be the duty of all Juries in such cases to find a verdict in favor of the plaintiff against such bank or banks, for the principal, interest and damages, herein provided for, and all judgments founded thereon shall be collected by execution thereon, in specie. Ba'ks failing to pay specie when demanded may be sued for prin. int. 10 per cent. damages. Judg'ts col. by execution in specie. SEC. III. Be it enacted by the authority aforesaid, That the Governor of this State be and he is hereby authorized to withhold all Executive or Judicial proceedings against the suspended specie paying banks in this State, until the fifteenth day of November, 1858; Provided, That nothing in this Act shall be so construed as to withhold Executive or Judicial proceedings under and by virtue of said Act of 18th December, 1840, against any bank in this State, in case of its insolvency, or against any bank, in the judgment of the Governor, whose proceedings shall be instituted at once for the protection of the bill holders. Gov. to withhold Jud proceed. vs. susp'd ba'ks till 15 Nov. 1858. Except agai'st insot. banks, c. SEC. IV. Be it enacted by the authority aforesaid, That said saspended specie paying banks shall, on the fifteenth day of November, 1858, commence to redeem all their liabilities, on demand, in specie, by or before that time, and continue to do so, and in the event that any should fail, then, and in that case, the Governor shall proceed forth with to forfeit their charters in pursuance to said Act of 18th December, 1840, without further indulgence; Provided, That upon proof being made to his Excellency the Governor, that there has been a general resumption of specie payments by banks out of the State of Georgia, then, and in that case it shall be the duty of his Excellency the Governor to issue his proclamation requiring all the banks in this State to resume within thirty days after the date of such proclamation, and no bank failing to comply with such proclamation shall avail itself of the benefits of this Act. Suspended banks to resume specie payment by 15th Nov., 1858. Gov. in case of failure to proceed to forfeit char. When gen'l resumption of specie paymentout of Ga. has been made. Gov. to issue procla'n requirine, c., in 30 days. Bank failing to comply. SEC. V. Be it enacted by the authority aforesaid, That should specie payments be required by any plaintiff in execution from defendant or defendants during the time of suspension aforesaid, and upon an affidavit being made by said deteudant or defendants that said demand is made, and that the specie shall be paid in discharge of said execution; then, and in that case, the banks shall pay the specie for their bills owned and held by said defendants, and for that purpose, and in case any bank shall fail or refuse to redeem its

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bills when demanded, upon the terms and conditions hereinbefore mentioned and specified, it shall be the duty of the Governor to proceed under the Act of 1840, against all banks so refusing to have their charters forfeited by Judicial proceedings. Deft. being required to pay specie. Affidavit. Banks shall pay specie for their bills owned by defendant. Bank, c., subject to be forfeited. SEC. VI. And be it further enacted, That all chartered banks and all agents of charted banks, in this State, availing themselves of the provisions of this Act shall receive their own bills, notes or certificates of deposit, in payment of debts due said banks, and that any chartered bank, or its agents, refusing to receive its own bills, notes or certificates of deposit, in payment of debts due said banks, shall not be entitled to any of the privileges or benefits of this Act. Chartered banks etc. to receive their Own bills etc. in payment of debts due bank. And refusi'g to do so not entitled to provisions of this Act. SEC. VII. And be it further enacted by the authority aforesaid, That no bank in this State shall be entitled to the benefits of this Act which shall send any portion of its capital out of the same for the purpose of buying notes of any kind. Banks send-capital out of State to buy notes not entitled to provis'ns of this Act. SEC. VIII. Be it further enacted, That no bank, nor bank agency, by itself as (its?) officers or agents, shall either directly or indirectly loan money or any note, bill, draft or contract of any sort, verbal or written, at a greater rate of interest than at the rate of seven per cent. per annum, and only at that rate for a longer or a shorter time; and all notes, bills, drafts and contracts of every sort whatever, on which a greater rate of interest is reserved or exacted and received or bargained for, are hereby declared to be utterly void and of no effect, and irrecoverable in law. No bank etc. to lenn money, etc., at more than 7 per cent. int. per annum. Notes, etc., for greater rate are void. SEC. IX. And be it further enacted, That no bank nor bank agency shall, by itself, its officers, or agents, discount or purchase notes, papers, or evidences of debt, made for a valuable consideration, or a good consideration, between the parties thereto, at a greater discount than at the rate of seven per centum per annum, and that all such notes, papers and evidences of debt, discounted or purchased in violation of this Act, shall, from the time of such purchase, become utterly null and void and irrecoverable in law. No bank etc. to disc't any note, etc., at more than per cent. Notes, etc., discnt'd at a greater pr ct. are void. SEC. X. That no bank or bank agency, by itself, its officers or agents, shall either directly or indirectly sell any kind of exchange, except sight checks; nor exact, demand, ask or receive for exchange in or out of this State, of any citizen of this State, a greater premium than one per centum, on the amount of exchange sold, when the bills of the bank from which the exchange is sought to be obtained, are presented at its counter in payment of said exchange, and for the violation of this section of this Act, the person paying the premium, his agent or attorney may, and is hereby authorized to recover three times the amount of the excess by a summary proceeding, before a Justice of the Peace, the Inferior or Superior Court, as the one or the other Court may have jurisdiction, and on which judgment shall be rendered at the first term of the Court, unless the principles of justice shall require a postponement for one term, and no longer; and in which case the officer or agent who received the premium shall appear, without any other process than the service of the writ, and give evidence in the case; and if he fail to appear, the affidavit or evidence of the plaintiff shall be received in proof of the amount demanded, and the suit shall be against either the bank

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whose agent loaned the money, or against the agent, and in either event, the property of the bank shall be subject to the payment of the judgment: Provided, That nothing herein contained shall have any reference to foreign exchange, and provided further, the person applying for the exchange shall, if required, make oath that it is not to resell as exchange. Banks, etc., not to exchange for more than c t. prem. Person paying a [Illegible Text] than is allowed by this act may sue the ba'k for 3 times the excess. Judgm't 1st term. One continuance only allowed. Evidence. Who the defendant. No refer. to foreign exch Oath of applicant. SEC. XI. The affidavit of bank officers to their annual and semiannual reports shall in all cases state that the bank of which they are officers has not by itself, its officers or agents, in any particular, violated the provisions of this Act. Affidavit of b'k officers. SEC. XII. And be it further enacted, That perjury may be assigned on affidavits made by bank officers and agents to the reports of the bank, and on the trial of the defendant, on an indictment for perjury, the said affidavit and the name of a person signed thereto, authorized to administer an oath, shall be evidence that he or they were sworn thereto. * * REF NOTE. Previous to the passage of this act an indictment for false swearing only could be sustained on affidavits to bank returns, but by this act the offence is made perjury. As the law stood heretofore, the mere production of the affidavit would not have been proof of the fact of swearing, but by this act it is made so. Jury, etc. Evidence to prove the perjury, etc. SEC. XIII. And be it further enacted, That no suspended bank in this State, shall declare a greater dividend than seven per cent., while in a state of suspension. Divide'd not more than 7 pr ct. during suspension. SEC. XIV. (Repeals conflicting laws.) Repealing clause. Passed in the Senate by a constitutional majority of 61 to 22, over the Governor's veto. JOHN E. WARD, President of the Senate. W. B. TERHUNE, Secretary Senate. Passed by a constitutional majority of sixty-eight to thirty-four, over the Governor's veto. J. W. H. UNDERWOOD, Speaker House of Representatives. ALEX. M. SPEAR, Clerk. TITLE VII. CESSIONS TO THE UNITED STATES. SEC 1 Blythe Island, purchase on by United States, consent of Georgia given, jurisdiction ceded. SEC 2. Repealing clause. SEC 3. Grant of land in Savannah to United States for Light House. SEC 4. When to revert. SEC 5. Repealing clause. (No. 16) An Act to give the consent of the State of Georgia to a purchase made by the United States of America of certain land on Blythe Island for the purpose of establisking a Navy Yard thereon, and to cede jurisdiction over the same. WHEREAS, The United States of America having purchased eleven hundred acres of land on the southern end of Blythe Island,

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on Turtle River, in the county of Glynn, and State of Georgia, for the purpose of establishing a Navy Yard thereon, it is desired that the assent of the State of Georgia should be given to said purchase, and that jurisdiction over the same should be ceded to the said United States of America: Preamble. 1. SECTION I. Be it therefore enacted, That the consent of the State of Georgia is hereby given to said purchase of the land above described, and also to any purchase that may be hereafter made by said United States of America, of any other part or parts of said Blythe Island, for Government purposes, and that the jurisdiction of the State of Georgia over, and all its rights in and to, and all improvements now placed or that may be hereafter placed on such portion of said Island as said United States of America have already purchased, or may hereafter purchase as aforesaid, is hereby ceded to said United States of America; to have, hold, own and occupy, and to exercise jurisdiction and control over the same, except in all civil and criminal matters in which the rights of the citizens, or the laws of Georgia may be involved. Consent of Ga. given to purchase on Blythe Island by U.S. Jurisdiction ceded for certain purposes. Exception 2. SEC. 2. (Repeals conflicting laws.) APPROVED November 14th, 1857. (No. 17.) An Act to grant to the United States, certain Territory within the limits of the city of Savannah. WHEREAS it is proposed by the United States to erect a Light House in the city of Savannah for the protection of commerce, at a point near the intersection of East Broad and Bay streets in said city. Preamble. 3. SECTION I. Be it enacted, That for the purpose of securing the erection of a Light House, the State of Georgia hereby grants to the United States of America, a certain area of twenty feet square within the limits of the city of Savannah, which area of twenty feet square or the centre of the same is sixty-seven feet and one inch on a perpendicular line drawn from the western line of East Broad street extended at a point on said extended line, one hundred and nineteen feet, and seven inches from the southern line of Bay street, or such other area of twenty feet square, as may be agreed upon by the Mayor and Aldermen of the city of Savannah and the hamlets thereof, and the United States Government; provided, that this grant shall not be adjudged to be perfected without the assent and concurrence of the Mayor and Aldermen of the city of Savannah and the hamlets thereof. Object. Area of 20 ft square in Savannah, granted to U States. Location. or such other area of 20 ft. square as may be agreed on. Mayor and Aldermen must assent to grant. 4. SEC. II. And be it further enacted by the authority aforesaid, That should said area of land, so granted as aforesaid, be diverted in the future from the purposes for which it is granted, then and in that event, said area of land shall revert to its present ownership, and the grant hereby made shall become utterly void. If the land be diverted to any other purpose then it is to revert 5. SEC. III. (Repeals conflicting laws. * * REF. NOTE.See Act of 1856 (Acts of 1855 and '56. p. 105,) which is the same as the 1st Sec. of this Act, except it has no proviso. ASSENTED to December 22d, 1857.

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TITLE VIII. CONSTITUTION,AMENDMENT. SEC. 1. Constitution amended; annual sessions; time of meeting; length of sessions; pay of members. (No. 18.) An Act to alter and amend the twelth Section of the first Article of the Constitution of this State. 1. SECTION I. Be it enacted, That so soon as this bill shall be passed by the General Assembly agreeable to the requirements of the Constitution, the following section shall be adopted in lien of the twelfth section of the first article of the Constitution: Constitution Change the 12th sec. 1st article of Gen. Ass'y to meet annually on 1st Wednesday in Nov. The meeting of the General Assembly shall be annual, and on the first Wednesday * * By Constitution as heretofore stood, Legislature was to meet on 2d Tuesday in January, until the time should be altered by law, Cobb's Dig. 1113. By Act of 1799, time of meeting. 1st Monday in November, Cobb's Dig. 234. By Act of 1856, time of meeting changed to 1st Wednesday in November. See Acts of 1855 and '56, p. 258. in November, until such day of meeting shall be altered by law. A majority of each branch shall be authorized to proceed to business; but a smaller number may adjourn from day to day, and compel the attendance of their members in such manner as each House shall prescribe, but no session of the General Assembly shall continue for more than forty days, unless the same shall be done by a vote of two-thirds of both branches of the General Assembly, the vote to be taken by yeas and nays. A maj. of each branch may do business. But a smaller number may adjours c. No session to continue longer than 40 days but by vote of [Illegible Text] of both branches c. The compensation of the members and officers of the General Assembly shall be fixed by law. REF. NOTE.Previous to amendment of 1840, sessions were annual, by that amendment they were made biennial. See pam. of 1840, p. 33, and of 1841, p. 61. Vote to be taken by yeas and nays. Compensation of members and officers to be fixed by law. WILLIAM H. STILES, Speaker of the House of Representatives. DAVID J. BAILEY, President of the Senate. HERSCHELL V. JOHNSON, Governor. J. W. H. UNDERWOOD, Speaker of the House of Representatives, JOHN E. WARD, President of the Senate. JOSEPH E. BROWN, Governor. APPROVED March 4th, 1856. APPROVED November 21st, 1857.

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TITLE IX. COUNTIES. SEC. 1. New county from Lumpkin and Gilmer. SEC. 2. Named Dawson. SEC. 3. Election of officers, Militia districts, election of Justices of Peace. SEC. 4. County site and Public Buildings. SEC. 5. Election Precincts. SEC. 6. Transfer of pending suits, c. SEC. 7. Terms of Courts. SEC. 8. Election returns. SEC. 9. Officers by whom sworn. SEC. 10. Debt of Lumpkin county. SEC. 11. Poor schools. SEC. 12. Repealing clause. SEC. 13. New county from Warren. SEC. 14. Named Glasscock. SEC. 15. Election for county officers. SEC. 16. Militia districts, [Illegible Text] of Justices of Peace. SEC. 17. County site. Public Buildings, town of Gibson. SEC. 18. Officers pro tem. SEC. 19. Suits, c., transferred. SEC. 20. Terms of Courts. SEC. 21. Extra tax. SEC. 22. Sheriff's bond. SEC. 23. Jurors, Grand and Petit. SEC. 24. Dedimus. SEC. 25. Repealing clause. SEC. 26. New county from Cherokee, Cobb and Forsyth, SEC. 27. Named Milton. SEC. 28. Election of county officers, Militia dis., election of Justices of Peace. SEC. 29. County site. SEC. 30. Election precincts. SEC. 31. Transfer of suits, c. SEC. 32. Terms of Courts. SEC. 33. Repealing clause. SEC. 34. New county from Baker named Mitchell SEC. 35. Election of county officers. SEC. 36. County site, c. SEC. 37. Executions, c., to be transferred. SEC. 38. Transfer of suits, c. SEC. 39. Drawing Jurors. SEC. 40. May levy an extra tax. SEC. 41. Terms of Courts. SEC. 42. Sheriff's bond. SEC. 43. Officers pro tem. SEC. 44. Executors, c., in new county. SEC. 45. Dedimus. SEC. 46. Terms of holding office. SEC. 47. Repealing clause. SEC. 48. New county from Ware and Appling, name Pierce. SEC. 49. Commissioners, county site, c. SEC. 50. Location for county town, named Blackshear. SEC. 51. Officers to continue in office. SEC. 52. Election for county officers. SEC. 53. Jurors. SEC. 54. Suits, c., transferred. SEC. 55. Terms of Courts. SEC. 56. Repealing clause. SEC. 57. New county from Marion and Sumter SEC. 58. Named Schley. SEC. 59. Election of Officers. SEC. 60. County site. SEC. 61. Present officers to hold till successors elected, c. SEC. 62. Processes, c., to be mutually delivered over. SEC. 63. Terms of Courts. SEC. 64. Extra tax. SEC. 65. Repealing clause. SEC. 66. New county from Habersham. SEC. 67. Election of Officers. SEC. 68. County site. SEC. 69. M't Yonah, temporary county site. SEC. 70. Present officers to continue till successors elected, c. SEC. 71. Transfer of suits, c. SEC. 72. Terms of courts. SEC. 73. County named White. SEC. 74. Repealing clause. SEC. 75. New county from Irwin, Dooly, and Pulaski, named Wilcox. SEC. 76. Election of Officers. SEC. 77. County site, c. SEC. 78. Process, c., delivered over. SEC. 79. Transter of suits, c. SEC. 80. Jurors. SEC. 81. Extra tax. SEC. 82. Sheriff's bond. SEC. 83. Duties of present officers. SEC. 84. Returns of Exec'ors, c., in Wilcox. SEC. 85. Dedimus. SEC. 86. Terms of offices. SEC. 87. Terms of [Illegible Text]. SEC. 88. Duty of [Illegible Text], c., of Terrell county. SEC. 89. Repealing clause. (No. 19.) An Act to lay out and organize a new county from the counties of Lumpkin and Gilmer, and for other purposes therein named. 1. SECTION I. Be it enacted, That from and immediately after the first day of February next, a new county shall be and the same

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is hereby laid out from the counties of Lumpkin and Gilmer, to be included within the following limits, to-wit: Beginning on the west bank of the Chestatee River at number four hundred, north half of the thirteenth district and first section, thence diagonally to the north-east corner of the fourth district, thence diagonally through the fifth of the first to number five hundred and thirty, thence north to the north, east and west line, thence along the top of the mountains that divide the waters of Armacalola and Cartakay Rivers, to the Pickens line, thence south with said line to the north-east and west line of the fourth district of the second section, thence east along said line to the Lumpkin county line, thence south with said line to the west corner of the Forsyth line, thence east with said line to the Chestatee River, thence up said river to the beginning point. Dawson co. Boundaries defined. 2. SEC. II. And be it further enacted, That the new county described in the first section of this act shall be called and known by the name of Dawson, and shall be attached to the Blue Ridge Judicial Circuit, to the sixth Congressional district, and to the brigade and division to which said territory now belongs. Name of co. 3. SEC. III. And be it further enacted, That the persons included within said new county entitled to vote shall, on the first Monday in March next, elect five Justices of the Inferior Court, an Ordinary, a Clerk of the Superior Court, Clerk of the Inferior Court, a Sheriff, a Coroner, a Tax Collector, and Receiver of Tax Returns, a County Surveyor and County Treasurer for said county, and that said election for officers shall be held at the several places where Justices' Courts are now held, within the limits of said new county; that the Justices of the Inferior Court shall hold their offices until the first Monday in January, 1860; that the Reciever of Tax Returns and Tax Collector shall hold their offices until the first Monday in January, 1859; the Sheriff, Coroner, County Surveyor, and Clerks of the Superior and Inferior Courts until the first Monday in January, 1860, and the Ordinary of said county until the first Monday in January, 1860, and until their successors are respectively elected and qualified; and the Governor, on the same being certified to him, shall commission the persons returned as elected at such elections, and said Justices of the Inferior Court, after they shall have been commissioned, shall proceed, as soon as possible, to lay off said county into militia districts and to advertise for the election of two Justices of the Peace in each district in which no Justice now in commission may reside, and in case one Justice in commission shall reside in any one of said districts then one other shall be elected for said district, and the Governor, on being duly certified of the election of such Justices, shall commission them according to law, and all officers now in commission within the limits of said new county shall hold their commissions and exercise the duties of their several offices within said new county, for the terms respectively for which they were elected, and until their successors shall be elected and qualified. County officers, when and how elected. Length of time for which several officers are elected. Gov. to commission those elected Militia districts to be laid off, etc. All officers now in the limits of the new county to hold office until their term expires and their successors elected. 4. SEC. IV. And be it further enacted, That the Justices of the Inferior Court of said county, after they shall have been commissioned

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and qualified, shall have full power and authority to select and locate a site for the public buildings of said county, and said Justices or a majority of them, are hereby authorized and 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 to the highest bidder, for the benefit of said county, and to make such other arrangements or contracts concerning the county site and the location of the public buildings, as they may think proper. County site. etc. 5. SEC. V. And be it further enacted, That so soon as the Justices of the Inferior Court for said county shall have laid off said militia districts, the places of holding Justices' Courts in said districts, respectively, be and each of them is hereby established an election precinct. Each Justice Court ground made an election precinct. 6. SEC. VI. And be it further enacted, That all mesne process, execution and other final process in the hands of the Sheriff, Coroner and Constables 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 proceeding therein not finally disposed of at the time when the officers of said new county shall receive their commission, 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 in the same manner as if such mesne process, execution or other final process had been originally in their hands, provided that in all cases publication of the time and places of sale or other like proceedings, in the new county, shall be made for the time now prescribed by law, and all papers appertaining to all or any suits or prosecutions pending in the counties out of which said new county is formed when the defendant resides in said new county, shall be transferred to the proper officers of said new county and there tried and disposed of. Process, executions, etc Procedure. Suits transferred. 7. SEC. VII. Be it further enacted, That the Superior Courts of said new county shall be held on the third Monday in March and September in each year, and the Inferior Courts on the first Monday in June and December. Times of the sittings of the Superior and Inferior Courts. 8. SEC. VIII. And be it further enacted, That the Superintendents of elections in said new county shall meet at the Rock Pile and at the house of Mr. Gibson Edward, in the 1022 district in said new county, on the next day after the election, for the purpose of consolidating said election returns. Consolidating election returns. 9. SEC. IX. And be it further enacted, That all civil and military officers elected in said new county may take the usual oath of office before any person qualified by law to administer an oath. Officers elected may be qualified by any person authorized to administer an oath. 10. SEC. X. And be it further enacted, That whereas there is now an outstanding dept, supposed to be against said county of Lumpkin, and for the better securing the amount and payment of such debt that the Inferior Courts of said old and new counties be and they are hereby authorized and required to meet at such time and place after the organizing said new county, and all things done by them shall be lawful. Inferior C'ts of certain counties autorized to meet. 11. SEC. XI. And be it further enacted, That the same laws, as

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far as relates to the poor school system, that govern the county of Lumpkin, be and they are hereby extended to the county of Dawson. Poor school laws of [Illegible Text] Lumpkin co. extended to Dawson co. 12. SEC. XII. (Repeals conflicting laws). APPROVED December 3d, 1857. (No. 20.) An Act to lay out and organize a new county out of a portion of Warren county. 13. SECTION I. Be it enacted, That there shall be a new county formed out of a portion of Warren county, bounded as follows: Glasscock county. Beginning at the shoals of Ogeechee in Warren county, and to run thence along the Augusta road to its intersection with the Waynesborough road leading from Warrenton, thence a direct line by Reedy Creek Church to the Jefferson county line, thence along the Jefferson and Warren county line to the Ogeechee river, thence up said river to the beginning. Boundaries. 14. SEC. II. Be it further enacted, That the new county described in the preceeding section of this Act shall be known by the name of Glasscock county, and shall be attached to the Northern Judicial Circuit, and to the eighth Congressional district, and to the first brigade and second division Georgia Militia. Name of co. How attached. 15. SEC. III. Be it further enacted, That the persons included within the said new county legally entitled to vote, shall on the first Monday in January next, 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, a county Survey or and an Ordinary for said county, and that the election of said officers shall be held at the house of Mrs. Jerusha Kent, now in the county of Warren, and superintended and held as now prescribed by law, and such persons as shall be elected, shall be commissioned by the Governor as now prescribed by law. Election for county officers 1st Mon in Jan. 1858. Election, where held. 16. SEC. IV. Be it further enacted, That the Justices of the Inferior Court, after they shall have been commissioned, shall proceed to lay off said county into militia districts, and advertise for the election of the requisite number of Justices of the Peace in such district, which shall be likewise commissioned by the Governor. Militia Districts. [Illegible Text] Election of Justices of the Peace. 17. SEC. V. Be it further enacted, That the Justices of the Inferior Court of said county, after they shall have been commissioned, shall have power and authority to select and locate a site for the public buildings in said county, or a majority of them are hereby authorized to purchase a tract of land for the location of the county site, which shall be known as the town of Gibson, to lay off town lots, and sell them at public outcry, for the benefit of said county, or to make such other arrangements or contracts concerning the county site, location and erection of public buildings as may be necessary. Justices of the Inf'r Ct. to locate co. site. Gibson, name of co. town, Town lots, 18. SEC. VI. Be it further enacted, That all officers now in commission, who shall be included in said new county by its limits

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shall hold their commissions, and exercise the duties thereof, until the several officers for the new county are elected and commissioned. Old officers to continue until new are elected and qualifi'd 19. SEC. VII. Be it further enacted, That all the cases now pending in the county of Warren, and the papers connected therewith, between persons residing within the limits of said county of Glasscock, shall be transferred to said county for trial, and every thing done which shall be necessary for trial, and any defect that may happen shall be amended instanter. Cases and papers to be transferred to new co. 20. SEC. VIII. Be it further enacted, That the Superior Court for said new county shall be held on the fourth Mondays of February and August in each and every year, and the Inferior Court on the fourth Mondays of May and November of each and every year, until altered by law. Sittings of the Courts in new co. 21. SEC. IX. Be it further enacted, That the Justices of the Inferior Court of said county of Glasscock shall have power to levy and collect an extra tax for county purposes of such per cent on the State tax as to the Court may seem necessary and proper. Inf'r Court to levy such extra tax as they think necessary 22. SEC. X. Be it further enacted, That the Sheriff's bond of said county shall be ten thousand dollars. Sheriff to give bond in $10,000. 23. SEC. XI. Be further enacted, That the Inferior Court, Clerk of the Superior and Inferior Courts, and the Sheriff of said new county, shall, as soon as convenient after their qualification, 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, in time for the ensuing Superior and Inferior Courts. Gr. and petit Jurors to be drawn. 24. SEC. XII. Be it further enacted, That the Governor is hereby empowered to direct the dedimus for qualifying the Inferior Court of said new county, to any Justice of the Inferior Court or Justice of the Peace within the same, and said qualification shall be legal and valid. Gov. empowered to direct dedimus to any Justice of the Peace or Inf'r Court. 25. SEC. XIII. (Repeals conflicting laws.) APPROVED December 19th, 1857. (No. 21.) An Act to lay out a new county from the counties of Cherokee, Cobb and Forsyth, and for other purposes therein specified. 26. SECTION I. Be it enacted, That from and after the first day of February next, a new county shall be, and the same is hereby laid out from the counties of Cherokee, Cobb and Forsyth, to be included within the following limits, to-wit: To commence at Grogan's Ferry on the Chattahoochee river, run a straight line to the northeast corner of the incorporation of the city of Roswell, leaving the incorporation in Cobb county, thence along the line of said incorporation west to the Marietta road, thence making said Marietta road the line to the bridge on the Big Willow Creek, in Cobb county, thence up said creek to its head waters, to lot No. 34 on the west line of the first district and second section, thence due north along

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said district line to where the line strikes Little river, thence up said river to the fork of said Little river, thence up the west fork along its meandering to the north line of lot No. 196 in the second district and second section, thence in a straight line to lot No. 181 in the second district and second section, Forsyth and Cherokee county line, thence due south along the county line between Forsyth and Cherokee counties to the north-west corner of the first district of the first section of Forsyth county, thence due east along the north line of said district to where it crosses the McGinis Ferry road, thence making said McGinis Ferry road the line to McGinis Ferry on Chattahoochee river, by leaving the residence of Joel Strickland in the county of Forsyth, thence making the Chattahoochee river the boundary line to the starting point at Grogan's Ferry on Chattahoochee river. Milton Co. Boundaries. 27. SEC. II. 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 Milton, and shall be attached to the fifth Congressional district and the Blue Ridge Judicial Circuit, and to the first brigade of Georgia Militia. Name of co. Attach'd to 5th Con'g Dis't, B. R. Circuit and 1st brig G M 28. SEC. III. And be it further enacted by the authority aforesaid, That the persons included within said new county, entitled to vote, shall on the first Monday in March next, elect five Justices of the Inferior Court, a Sheriff, a Coroner, Tax Collector and Receiver of Tax Returns, a county Surveyor and a county Treasurer for said county, and the said election for said officers shall be held at the several places where Justices Courts are now held within the limits of said county, and the managers of the several election precincts shall meet on Tuesday after said several elections, at the Methodist Camp-ground, near Alfred Teasleys, to consolidate the said election returns, and the Governor, on the same being certified to him, shall commission the persons returned as elected at such elections, who shall hold their offices respectively for the term prescribed by law, and until their successors shall be elected and qualified; and said Justices of the Inferior Court, after they shall have been commissioned shall proceed, as soon as possible, to lay off said county into militia districts, and to advertise for the election of two Justices of the Peace in each district in which no Justice, now in commission, may reside, and in case one Justice, in commission, shall reside in any one of said districts, then one other shall be elected for said district, and the Governor being duly certified of the election of such Justice, shall commission them according to law, and all officers, now in commission within the limits of said new county, shall hold their commissions or exercise the duties of their several offices within said county for the term respectively for which they were elected, and until their successors shall be commissioned and qualified. Election of county officers 1st Mon in March, 1858. Commissions. Militia dist's Elections for Justices of the peace. Old officers continued in office. 29. SEC. IV. 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 and qualified, 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 authorized

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and 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 to the highest bidder, for the benefit of said county, or to make such other arrangements or contracts concerning the county site or the location of the public buildings, as they may think proper. Site for public buildings. Town lots. 30. SEC. V. And be it further enacted by the authority aforesaid, That so soon as the Justices of the Inferior Court for said county shall have laid off militia districts, the places of holding Justices' Courts in said districts respectively be and each of them is hereby established an election precinct. Places of holding Justices Courts are to be election precincts. 31. SEC. VI. And be it further enacted by the authority aforesaid, That all mesne process execution and other final process in the hands of the Sheriff, Coroner and Constables 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 when the officers of said new county shall receive their commissions, 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 in the same manner as if such mesne process execution or other final process had been originally in their hands; provided, that in all cases publication of the times and places of sale or other like proceedings in the new county shall be made for the time now prescribed by law, and all papers appeartaining to all or any suits or prosecutions pending in either of the counties out of which said new county is formed, when the defendant resides in said new county, shall be transferred to the proper officers of said new county, and there tried and disposed of. All mesne process etc. to be delivered to officers of new co., and by them executed. Papers etc to be transferred to new county 32. SEC. VII. And be it further enacted by the authority aforesaid, That the Superior Court of said county shall be held on the fourth Monday in April and October, and the Inferior Court on the fourth Monday in July and January. Sittings of the Courts in new co. 33. SEC. VIII. (Repeals conflicting laws.) Approved December 18th, 1857. (No. 22.) An Act to lay off and organize a new County from the County of Baker, a d for other purposes therein specified. 34. SECTION I. Be it enacted, That there shall be a new county laid out and formed from the county of Baker, to-wit: All that portion of Baker county on the east side of Flint River shall form a new county to be called the county of Mitchell, in honor of General Henry Mitchell, and the same shall be attached to the Judicial and Congressional District and Military Brigade to which said territory now belongs. Mitchell cty. Area. How attached. 35. SEC. II. And be it further enacted, That the voters in said new county shall on the first Monday in March next, at the several election precincts now established by law, and included in said

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new county, proceed pursuant to the election laws now in force, to elect all county officers necessary for the organization of the new county according to the laws of this State; the managers of which said election shall meet the next day at the election precinct in the eleventh district, to consolidate said vote and duly certify the same to the Governor; and the Inferior Court thereof, as soon as commissioned, shall in their discretion lay off the said county into Militia Districts, and advertise for the election of a requisite number of Justices of the Peace, or shall continue the districts as they are, and retain in office all the Justices of the Peace and Constables therein until their respective terms shall expire; and the Governor, on being certified of any of the elections aforesaid, shall commission all the persons duly elected. Election of county offic'rs 1st Monday in Mar. 1858. Managers to meet, etc. Militia dists. Justices of the Peace. 36. SEC. III. And be it further enacted, The Inferior Court of said new county shall select and locate some central and convenient place within the same for a county site; provide for the erection of public buildings; laying off the site into lots and streets, and make all such temporary arrangements for the transaction of the public business of said new county as may be necessary and proper. County site. Public buildings. Town lots, etc. 37. SEC. IV. And be it further enacted, That all mesne process executions and all other final process in the hands of the Sheriff. Coroner and Constables of the county of which the new county may be formed, and which properly belong to said new county, and which may have been levied and in part executed, and such proceedings therein as shall not be 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 process had been originally in their hands; provided, that in all cases publication of the time and places of sale, and proceedings of the like character in the new county shall be made for the time now prescribed by law; and all such process which properly belong to the county 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 new county, to be executed by them in the manner therein prescribed. Mesne process, executions, etc. to be delivered to officers of new county. Officers of new co. to proceed with writs, etc., delivered to them. Notice. 38. SEC. V. And be it further enacted, That actions now pending in the county from which said new county is taken, wherein the defendant or defendants may be included in said new county, shall be transferred with all papers relating thereto, and trial had in said new county where the defendant resides. Provided, that in every case no cause shall proceed without the certificate of the Clerk of the Court from which said cause came, that the papers in the cause are the original papers from the file of his office. And upon the making such certificate said Clerk shall be entitled to have from the plaintiff or plaintiffs all costs which may have accrued in the cause, and the amount of accrued cost shall be set forth in the Clerk's original certificate which shall make a part of the cost to abide the final result. Suits transferred. Clerk of old co. must certify that they are the original papers. [Illegible Text] to pay costs. 39. SEC. VI. And be it further enacted, The Inferior Court, Clerks of the Superior and Inferior Courts and Sheriff of said new

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county shall, as soon as convenient after their qualification, from the best information they may be enabled to procure, make a selection of the grand and petit jurors, and proceed to the drawing thereof, as pointed out by law, for the ensuing Superior and Inferior Courts. Jurors. 40. SEC. VII. And be it further enacted That the Inferior Court of said new county shall have power to levy and collect an extra tax for county purposes, of such per cent. on the State tax as to the said Court may seem necessary and proper; and further that the persons in the new county shall be liable pro rata according to the tax returns of the several districts for the year preceding, for what the debt of the County of Baker may be at the time of the passage of this Act, and that the Inferior Court of said new county to be elected shall have power and are hereby required to levy a sufficient tax upon the State tax for this purpose. Extra tax. Citizens of new co. liable pro rata for the existing debt of Baker co. 41. SEC. VIII. And be it further enacted, That the Superior Courts of said new county shall be held on the 1st Mondays in March and September, and the Inferior Courts on the 4th Mondays in February and August, and the Court of Ordinary on the 1st Monday in every month. Sitting of the Courts of Mitchell co. 42. SEC. IX. And be it further enacted, That the bond of the Sheriff of said new county shall be ten thousand dollars. Sh'ffs bond $10,000. 43. SEC. X. And be it further enacted, That until the Sheriff, Coroner, County Treasurer and Clerks of the several Courts of said new county shall be commissioned and qualified, the Sheriffs, Clerks, and other officers of said county from which the same is taken, shall exercise the jurisdiction and power to copy, direct and serve processes accordingly, to said new county. Officers of Baker to act for certain purposes in new co. till others are commis'd. 44. SEC. XI. And be it further enacted, That executors, administrators and guardians who reside in said new county, are authorized to make their returns to the Ordinary of the same, and to be amenable accordingly. Ex'rs etc., to make return to Ordi'y of new co. 45. SEC. XII. And be it further enacted, That the Governor is hereby empowered to direct the dedimus for qualifying the Inferior Court of said new county for [to?] any Justice of the Inferior Court or Justice of the Peace within the same, and said qualification shall be legal and valid. Dedimus to whom directed. 46. SEC. XIII. And be it further enacted, That the Justices of the Inferior Court shall hold their offices until the 1st Monday in January, 1861; the Tax Collector and Receiver until the 1st Monday in January, 1859; the Clerks of the Superior and Inferior Courts, Sheriff, Coroner, County Surveyor, County Treasurer and Ordinary of said new county until the 1st Monday in January, 1860, and until their successors are elected and qualified. Times at which the several co. officers to go out of office. 47. SEC. XIV. (Repeals conflicting laws.) Assented to December 21st, 1857. (No. 23.) An Act to lay out and form a new county from the counties of Ware and Appling, and to provide for the organization of the same.

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48. SECTION I. Be it enacted, That from and after the passage of this Act there shall be a new county laid out and formed from the counties of Ware and Appling to be bounded as follows: Commencing at the south-west corner of the ninth district of Ware, thence the line between the 8th and 9th district to the line of the 4th and 5th district, thence the line between the 4th and 5th to the Appling county line; thence a direct line to Lightsey's Ford, on Big Creek, in Appling county; thence the creek down to the Little Satilla River; thence down the river to the Wayne county line; thence the Wayne line to the line of Charlton county; thence the line of Charlton to the south-east corner of the 9th district of Ware; thence the district line to the south-west corner of the 9th district. The territory thus included shall form a new county, to be called the county of Pierce. Pierce county. Boundaries. Name of co. 49. SEC. II. And be it further enacted, That James Walker, Ransom Thomas, James Harper, Allen Strickland and Netheldred Byrd be, and they are hereby, appointed Commissioners, and they, or a majority of them, shall have power and authority to fix upon a site for the public buildings, which shall be as near the centre of the county as is convenient or practicable, and shall also have power to 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 Court of Ordinary, shall be held at the house of Mrs. Nancy Stewart. Commissioners. County site. Court House. C'ts to be at house of Nancy Stewart until C. H. is built. 50. SEC. III. 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 Blackshear, 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 said court are commissioned and qualified. Town Blackshear. Town lots. Inf'r C't to perform all duties of Com'rs undone when they are commissi'd. 51. SEC. IV. 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 elected and commissioned as officers thereof, and said county shall form a part of the first Congressional District, and shall be attached to the Brunswick, Judicial District, and to the second Division G. M. Old officers continued in office. Attach'd to 1st Con. Dis. Bruns. Cir. and 2d Div. G. M. 52. SEC. V. And be it further enacted, That an election shall be held on the first Monday in March next, at the house of Mrs. Nancy Stewart, and at the different election preciucts, 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 Courts, Ordinary, a Tax Receiver and Collector, Coroner, Sheriff, and county Surveyor. Election for co. officers 1st Mon. in Mar. 1858. 53. SEC. VI. And be it further enacted, That the Justices of the Inferior Court, as soon as convenient, after they shall have been elected and qualified, meet at the house of Mrs. Nancy Stewart, and from the best information they may be able to procure, make a selection

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of grand and petit jurors, and proceed to the drawing thereof, as pointed out by law, for the ensuing Superior and Inferior Courts. Jurors to be drawn by Inferior Ct. 54. SEC. VII. And be it further enacted, That all actions now pending in either of the counties from which said new county is taken, wherein the defendants may now be included in said county, shall be transferred, with all papers relating thereto, and tried in said new county, where the defendant resides. Suits to be transferred. 55. SEC. VIII. And be it further enacted, That the Superior Courts of said county shall be held on Friday after the Court in Coffee, and the Inferior Courts on the second Monday in June and December. Supe'r C'ts to be held on Friday after C't in Coffee. Infe'r C'ts 2d Mon. of June and December. 56. SEC. IX. (Repeals conflicting laws.) Approved December 18th, 1857. (No. 24.) An Act to lay out and form a new county out of the counties of Marion and Sumter, and to organize the same. 57. SEC. I. Be it enacted, That from and immediately after the passage of this Act, a new county shall be made out of the counties of Marion and Sumter, to be included within the following bounds, viz: Beginning at the south-east corner of lot of land number 235, in the 29th district of Sumter county, thence west along the district line between the 27th and 29th and 26th and 30th districts of originally Lee, where it strikes Marion county line, thence north on the line between the 30th and 31st districts until it strikes the north-west corner of Sumter county, thence east on the Sumter county line two ranges of lots, thence north to the corner of the 3d and 4th districts of originally Muscogee county, now Marion, thence east two ranges of lots, thence north to the Taylor county line, to the Macon county line, and thence between the counties of Marion and Macon to the starting point. Schley co. Boundaries. 58. SEC. II, And be it further enacted by the authority aforesaid, That the new county described by the first section of this act, shall be known by the name of Schley county, and be attached to the Chattahoochee Judicial District, to the second Congressional District, and to the 2d Brigade of the ninth division Georgia Militia. Name of co. How attached. 59. SEC. III. And be it further enacted by the authority aforesaid, That the persons included within the said new county entitled to vote for members of the General Assembly, shall, on the first Monday in March next, proceed to elect five Justices of the Inferior Court, a Clerk of the Superior Court, a Clerk of the Inferior Court, a Sheriff, a Coroner, a Tax Collector, a Receiver of Tax Returns, a County Surveyor and an Ordinary for said county. The election to be held at the different voting places in said county, and shall be conducted in the manner as is now prescribed by law, and the Governor, on the same being certified to him, shall commission such persons so returned as elected at such election, to hold their respective offices for and during the time prescribed by law, and

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that the Justices of the Inferior Court, after they shall have received their commissions, shall proceed to lay out and divide said new county into militia districts, and advertise for the requisite number of Justices of the Peace, and the Governor, on being certified of the election of such Justices of the Peace, shall commission them according to law. Voters. Election for co. officers, when and where held Gov. to commis'n those elected. Militia Districts. Justices of the Peace. 60. SEC. IV. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of said county shall have full power and authority to select and locate a site for the public buildings of said county, and the said Justices or a majority of them, are hereby authorized to purchase a tract or lot of land for the location of the county site, lay off the same into lots and sell the same at public outcry, for the benefit of said county, or make such other arrangements or contracts in relation to the location of the county site and public buildings, as they may deem most advantageous to the public good. County site. Location of. Town lots. Public buildings. 61. SEC. V. And be it further enacted by the authority aforesaid, That all Justices of the Peace and Bailiffs within the limits of said new county shall hold their commissions and exercise the duties of their several offices within the said limits of the aforesaid county, until their successors shall have been elected and commissioned. Old officers to hold until successors are elected and commissioned. 62. SEC. VI. 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 Constables 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 thereon not finally disposed of at the time of the passage of this Act, shall be delivered over to the corresponding officers of said new county, and such officers are hereby required and authorized to proceed with the same, and in the same manner as if such process had been originally in their hands. Provided, That in all cases publication of the time and place of sale, and proceedings of like character, in the new county, shall be made for the time now prescribed by law, and all such processes which properly belongs to the counties out of which said new county may be framed, 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 county, to be executed by them in the manner herein prescribed. Process, etc. to be delivered to officers in new county. And by them to be executed. Publication to be made according to law. Other process, etc., to be delivered to officers of old counties. 63. SEC. VII. And be it further enacted by the authority aforesaid, That the Superior Court for said county shall be held on the fourth Monday in February and August, and the Inferior Court on the fourth Mondays in April and October in each year. Sittings of the Courts in Schley co. 64. SEC. VIII. And be it further enacted by the authority aforesaid, That the Inferior Court of said county be authorized to levy an extra tax not exceeding fifty per cent. for county purposes in said county. Extra tax authorized not exceeding 50 per cent. 65. SEC. IX. (Repeals conflicting laws). Assented to December 22d, 1857.

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(No. 25.) An Act to lay out a new county out of the county of Habersham, and to organize the same. 66. SEC. I. Be it enacted, That from and after the first of January next, a new county shall be laid out and organized from the county of Habersham, to be included within the following limits, to-wit: White co. Beginning at the Chattahoochee river at the south-east corner of Habersham and Hall counties, running south on the line dividing Habersham and Hall, until it strikes the head waters of, Wahoo Creek near Calhoun's mills to the Lumpkin county line, thence up the Lumpkin and Habersham line to the Union line, thence on the dividing line between Union and Habersham and Towns, and Habersham counties to head of Santa creek, thence down said creek to the Chattahoochee river, thence down said river to the beginning corner on said river. Boundary lines. 67. SEC. II. Be it further enacted by the authority aforesaid, That the persons included within the limits of said new county entitled to vote for the same, shall, on the first Monday in February next, elect an Ordinary, who shall hold his office until the next regular election for said officers, and five Justices of the Inferior Court, who shall hold their offices until the next regular election for said officers, a Clerk of the Superior and Inferior Courts, a Sheriff and Coroner, who shall hold their offices respectively until the next regular election for said officers, a Tax Collector and Receiver of Tax Returns, a Surveyor and Treasurer for said new county, who shall hold their offices respectively, until the next regular election for said officers, and until their successors shall be elected and qualified, and that the election of said county officers shall be held at Mount Yonah in the 861st district G. M., and the Justices of the Peace included within the limits of the said new county, shall hold said election, and superintend the same, in the manner now prescribed by law, and shall transmit the returns of said election to the Governor duly certified, and the Governor, on said return being duly certified to him, shall commission the persons returned to him as elected at such election, to hold their offices respectively, for the term prescribed by law, and the Justices of the Inferior Court, after they shall have been commissioned, shall proceed to lay off said county into militia districts, and advertise for the election of the requisite number of Justices of the Peace in said districts, and the Governor being certified of the election of such Justices of the Peace, shall commission them according to law. Election for county officers 1st Mon in February, 1858. Terms of office, Election when held by whom, Governor to commission persons elected, Militia dist's Election of Justices of [Illegible Text] Peace, 68. SEC. III. 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 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

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the benefit of said county, or to make other arrangements or contracts concerning the county site, or location of the public buildings as they may think proper. Public buildings, County site Lots, etc. 69. SEC. IV. And be it further enacted by the authority aforesaid, That the elections in the county generally, except those heretofore mentioned, and the public business thereof, shall be held and transacted at Mount Yonah in the 861st district G. M., now Habersham county, until the county site shall be located by the Inferior Court as aforesaid, and until the organization of militia districts, after which, in each of said districts, there shall be election precincts, and votes received there accordingly, Election to be held and business done temporarily at Mt. Yonah, 70. SEC. V. 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 respective offices within the said county until their successors shall have been elected and commissioned. Old officers to remain in office and perform the duties till successors qualified. 71. SEC. VI. And be it further enacted by the authority aforesaid, That papers appertaining to all suits pending in said county out of which this new county is formed, where the defendant resides in such new county, shall be transferred to the proper officers in such new county, and there tried and disposed of, that all mesne process execution and final process in the hands of the Sheriff, Coroner and Constables of the county out 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 organization of said new county, shall be delivered over to the corresponding officers of such new county, and such officers are hereby authorized and required to proceed with the same, and in the same manner as if such process had been originally in their hands. Provided, that in all cases publication of the time and place of sale, and proceedings of 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 county out of which the 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 county, to be executed in the manner herein prescribed. Suits etc, to be transfer'd Executions etc, to be delivered to officers of new co., and by them executed. Publication to be made according to law. Paper etc. to be delivered up to officer of old co, etc 72. SEC. VII. And be it further enacted by the authority aforesaid, That the Superior Courts for said new county shall be held on the fourth Mondays in March and September in each and every year, and the Inferior Courts on the fourth Mondays in June and December in each year. Sittings of the Courts for new co. 73. SEC. VIII. 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 White, and shall be attached to the Western Judicial Circuit and the sixth. Congressional district, and to the (7th) seventh brigade, (1st) first division of the Georgia Militia. Name of co. How attached. 74. SEC. IX. (Repeals conflicting laws.) Assented to December 22d, 1857.

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(No. 26.) An Act to lay out and organize a new county from the counties of Irwin, Dooly and Pulaski. 75. SECTION I. Be it enacted, That there shall be a new county formed from the counties of Irwin, Dooly and Pulaski, bounded as follows: commencing on the Ocmulgee River at the north-west corner of lot number twenty-five, in the eighth district of Pulaski county, from thence to the south-west corner of lot number thirty-five, in said district, and thence due west to the line of the sixth district of Dooly county, thence running due south on the line dividing the sixth and twelfth districts to Deep Creek, and running down the east side of said creek until it strikes the south-east corner of lot number one hundred and seventy-nine in the second district of Irwin, thence running a straight line to the south-east corner of lot number one hundred and sixty-seven, in the third district of Irwin, from thence on a straight line to the south-east corner of lot number one hundred and seventy-four, in the third district of Irwin, from thence on a straight line to the south-east corner of lot number two hundred and thirty-seven, in the third district of Irwin, and from thence on a straight line to the north-east corner of lot number two hundred and nineteen (219), on the Ocmulgee River, and from thence up and along the bank of said Ocmulgee River to the beginning. That the territory thus included shall form a new county to be called Wilcox, to be attached to the Southern Circuit and to the second Brigade of the thirteenth division of Georgia Militia. Wilcox co. Boundaries. Name of co. 76. SEC. II. And be it further enacted, That the general voters within said new county shall, on the first Monday in March next, at the several election precincts now established by law and included in said new county, proceed, pursuant to the election laws now in force, to elect all county officers necessary for the organization of the new county, according to the laws of this State. The managers of which election shall meet the next day and consolidate said vote and duly certify the same to the Governor. And the Inferior Court thereof, so soon as commissioned, shall, in their discretion, lay off said county into militia districts, and advertise for the requisite number of Justices of the Peace, or shall continue the districts as they are and retain in office all the Justices of the Peace and Constables therein, until their respective terms shall expire; and the Governor, on being certified of any of the elections aforesaid, shall commission all the persons duly elected. Election for county officers 1st Monday in March 1858. Election returns to be consolidated Militia Districts. Justices of the Peace and Constables. 77. SEC. III. Be it further enacted, That the Inferior Court of said new county shall select and locate some central and convenient place within the same, for a county site, provide for the erection of the public buildings, laying off the site into lots and streets, and make all such temporary arrangements for the transaction of the public business of said new county, in the meantime, as may be necessary and proper. County site and public buildings. Lots, streets, etc. 78. SEC. IV. And be it further enacted, That all mesne process

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executions and other final process in the hands of the Sheriffs, Coroners and Constables of the counties of which the new county is formed, and which may have been levied, or in part executed, and such proceedings therein not disposed of at the time of the passing of this Act, shall be delivered over to the corresponding officers of said new county, and said officers are hereby authorized and required to proceed with the same, and in the same manner as if such process had been originally in their hands. Provided, that in all cases, publication of the time and place of sale, and proceedings of 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 of which said new county may be formed, which may be in the hands of the officers of said counties, shall, in like manner, be delivered over to the officers of said county, to be executed in the same manner herein prescribed. Mesne process, etc, to be delivered to officers of new county. Officers of new county to execute them. Publication and notice of proceedings. Officers of new county to deliver process, etc, to officers of the old co.'s and they are to execute them. 79. SEC. V. And be it further enacted, That all actions or other Court proceedings now pending in either of the counties from which said new county is taken, wherein the defendant or defendants may be included in said new county, shall be immediately transferred, with all papers relating thereto, and trial had in said new county, where defendant resides. Provided always, that the papers so transferred shall have the certificate of the Clerk of the Court from which they came, that they are the original papers in said cause, or truly established copies of the same, which Clerk or Clerks shall be entitled to have from the plaintiffs or complainants satisfaction for the costs that have accrued in the case, which certificate shall contain the amount of said costs, thence to abide the final result; and any person shall be exempt from said last mentioned provisions who shall make oath that the plaintiffs or complainants, owing to his or her or their poverty, is or are not able to make satisfaction. Suits, etc, to be transferred to new county if defendant resides there. Clerk must certify that they are the original papers, etc. Certificate of costs. Oath of inability to pay costs. 80. SEC. VI. That the Inferior Court, Clerk of the Superior and Inferior Courts, and the Sheriff of said new county shall, as soon as convenient, after their qualifications, from the best information they may be enabled to procure, make a selection of the Grand and P. tit Jurors and proceed to the drawing thereof, as pointed out by law, in time for the ensuing Superior and Inferior Courts. Jurors. 81. SEC. VII. That the Inferior Court of said new county shall have power to levy and collect an extra tax for county purposes, of such per cent. on the State tax as to the said Court may scem necessary and proper. Extra tax. 82. SEC. VIII. That the bond of the Sheriff of said county shall be eight thousand dollars. Sheriff's bond $8000. 83. SEC. IX. That until the Sheriff, Coroner and Clerks of the several Courts of said new county shall be commissioned and qualified, the Sheriff and Clerks of said county from which the same is taken shall exercise jurisdiction and power to copy, direct and serve process for said new county. Sheriffs, etc, of old co. to act for new co. till its officers are qualified. 84. SEC. X. Be it further enacted, That executors, administrators and guardians who reside in said new county, are authorized to make their returns to the Ordinary of the same, and to be amenable

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accordingly; provided they now make returns to the counties of Irwin, Dooly or Pulaski. Executors, etc., in new county to make returns to Ordinary of the same. 85. SEC. XI. That the Governor is hereby empowered to direct the dedimus for qualifying the Inferior Court of said new county to any Justice of the Peace or Justice of the Inferior Court within the same, and said qualification shall be legal and valid. Dedimus for qualifying Justices of Inferior C't. 86. SEC. XII. The Justices of the Inferior Court shall hold their office until the first Monday in January, 1860; the Clerks of the Superior and Inferior Courts, Sheriff, Coroner, and County Surveyor until the first Monday in January, 1860, and the Ordinary until the first Monday in January, 1860; the Tax Collector and Receiver until the first Monday in January eighteen hundred and fifty-nine (1859), and until their successors are elected and qualified. Terms of offices of co. officers. 87. SEC. XIII. Be it further enacted by the authority aforesaid, That the Superior Courts in and for said new county shall be held on the Friday after the third Monday in April and October, in each and every year, and the Inferior Courts in and for said new county, shall be held on the first Monday in January and July, in each and every year. Sittings of Superior and Inferior C'ts Assented to December 22d, 1857. (No. 27.) An Act to explain the eleventh Section of an Act * * For Act of which this is explanatory, see Acts of 1855 and '6, page 117. to lay out and organize a new county from the counties of Lee and Randolph, approved February 16 th, 1856. 88. Sec. I. Be it enacted, That executors, administrators and guardians residing in said county of Terrell, and subject to the provisions of said eleventh Section, shall be and they are hereby required to procure a complete exemplification of the record pertaining to their respective trusts, from the Ordinaries of the said counties of Lee and Randolph, respectively, and the Ordinary of the county of Terrell is hereby authorized and required to issue process against any executor, administrator, or guardian who may fail or neglect to apply for and obtain such exemplification, requiring him, her or them to procure such exemplification within thirty days from the issuing thereof, and in default thereof, show cause why he, she or they should not be dismissed from their respective trusts. Executors, etc, of Terrell co. To procure exemplifications from Ordinaries of Lee and Ran dolph co's. Ordinary of Terrell to issue process [Illegible Text] ex'or, etc, failing in his duty in this matter. To procure exemplification in 30 days, in default to show cause, etc. 89. Sec. II. (Repeals conflicting laws). Assented to December 22d, 1857.

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TITLE X. COUNTY OFFICERS AND RECORDS. SEC. 1. Suit on Constable's bondno order needed. SEC. 2. Fees of Ordinaries. SEC. 3. Fees of Clerksof Clerks of Supr. Ct. in civil and criminal casesof Clerk of Infr Ct. SEC. 4. Sheriffs' fees in civil and criminal cases. SEC. 5. Jailors fees. SEC. 6. Fees of Justices of the Peace [Illegible Text] civil and criminal cases. SEC. 7. Constable's fees. SEC. 8. Fees of guardians, c. SEC. 9. Certain cases excepted. SEC. 10. Repealing clause. (No. 28.) An Act to authorize suit to be brought upon Constables' bonds without order of Court * * By Act of 1816, (Cobb's Dig. 204.) Constable's bond might be sued on only by order of the Inferior Court. An Act similar to the above, was passed in 1851, relating to Shetiffs' bond. Acts of 1853 and '51, p. 57. SUP. CT. DECIS.Constable is entitled to fee for return of no property, but he cannot keep it out of money collected on other fi. fas.20 Ga. Rap. 572. . 1. Section I. Be it enacted, That from and after the passage of this Act, it shall, and may be lawful for any person, who may have been, or may hereafter be injured by the misconduct or neglect [Illegible Text] duty of any Constable of any county of this State, to bring suit upon such Constable's bond in any Court having jurisdiction there of, for the use of such person so injured, without first obtaining an order of Court, as now required by law. Constable's bond, suit on. No previous order needed. Assented to, December 22d, 1857. (No. 29.) An Act to define and establish the fees of Ordinaries, Clerks of the Superior and Inferior Courts, Sheriffs, Jailors, Justices of the Peace und Constables of this State, and for other purposes. 2. Section I. Be it enacted, That from and after the first day of March next, the Ordinaries of this State shall be, and they are hereby entitled to demand and receive the fees hereinafter stated: Fees of county officers. Fees of Ordinaries. For receiving application, and granting citation, $1 25 For Taking and recording administrator's or guardian's bond, 1 00 For Issuing letters of administration, or letters testamentary, 1 50 For Recording same, 50 For Copy, 50 For Signing warrant of appraisment, 50

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For receiving an appraisment or sale bill, and recording the same, if under five hundred dollars, $1 00 For If above five hundred dollars, and under two thousand, 1 25 For If above two thousand, and under ten thousand dollars, 1 50 For If above ten thousand and under twenty thousand dollars, 1 75 For If above twenty thousand and under fifty thousand dollars, 2 00 If above fifty thousand dollars, 2 50 For receiving application and granting letters dismissory, whole service, 5 00 For Granting citation to show cause why administration should not be set aside or repealed, 2 00 For Entering a caveat against administration being granted or will proven, 1 25 Caveat. For Each copy of caveat, 50 For Every marriage license, 1 50 For Every order for sale of land, negroes or other property, 50 For Each copy of the same, 25 For Issuing letters of guardianship, 1 00 For Recording the same, 50 For Rule nisi in each case, 50 Rule Nisi. For Copy, 25 For Issuing process against a person for not making returns, 50 For Each additional copy, 25 For Each subpoena, 15 Subpoena. For Examining and recording returns on all estates not worth more than two thousand dollars, 1 00 For All estates worth more than two and not more than five thousand dollars, 1 25 For All estates worth more than five, and not over ten thousand dollars, 1 40 For All estates worth more than ten thousand dollars, 1 60 For Recording all vouchers accompanying returns of administrators, executors and guardians, per 100 words, 12 For Recording any instrument of writing not mentioned, per 100 words, 12 For Copy of any instrument of writing not mentioned, per 100 words, 10 For Proceedings to authorize titles to be made to lands of deceased persons, to be paid out of the estate of the deceased, 5 00 For Commission to free holders to divide estate, 1 25 For Each certificate and seal, 60 Certify and seal. For Entering an appeal and transmitting the proceedings to the Superior Court, 1 50 Appeal. 3. Sec. II. And be it further enacted, That the Clerks of the Superior and Inferior Courts of this State be, and they are hereby entitled to demand and receive the fees hereinafter stated: Clerks.

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Fees of the Clerk of the Superior Courts in civil cases: For every suit commenced therein, if settled by the parties in vacation, $1 90 Fees of Clk. of Superior Court in civil cases. If settled at Court, and recording same on minutes, 3 75 For every writ, where there is more than one defendant after the first copy, 60 For Every suit commenced and prosecuted to judgment, including service for recording petition, process, and judgment, 5 60 For Every subp[oelig]na ticket 15 For Writ of partition of land, 3 75 For Recording proceedings in civil cases, per 100 words, 12 For Every exemplification, per 100 words, 10 For Recording articles of partnership, under the law regulating limited partnerships, 5 00 For Recording proceedings in change of name, 1 00 For Furnishing and certifying any bill, process, order c., in equity, for publication, 1 00 For Recording notice of Carpenters' and Masons' lien, 1 00 In trials of nuisance, 3 75 For rule vs, garnishee, 1 00 For Issuing commission to examine witnesses, 1 00 Commissions to examine witness. For Recording deeds, 60 For Recording any instrument of writing, not specified, per 100 words, 12 Record deed. For Every foreclosure of any mortgage, and recording proceeding, 1 25 For Every enquiry of titles respecting property levied on by the Sheriff, and claimed by a third person, 1 25 For Every affidavit to hold to bail, 60 For Recording and copying proceedings in Chancery, and bills of exceptions and transcript, to the Supreme Court, per 100 words, 12 For Recording remittitur, order and judgment of the Supreme Court on minutes, each, 1 00 For Issuing fi fa. or ca sa, each, 65 For Certificate and seal, 60 Clerk's fees in criminal cases: For all bills of indictment, if settled by the parties or nol. pros'd, including service for docketing and recording on the minutes, and all other service, 4 00 Clerk's fees in criminal cases. For Every bill of indictment, when the defendant is arraigned, tried and found guilty, including all services, 6 00 For Transcribing record and evidence in State cases per 100 words, 12 Fees of the Clerk of the Inferior Court: For each appeal to the Superior Court, 2 00 Clk. of Inf'r Ct., fees of. For Every estray horse, mule or ass, for every legal service required, 2 00

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On every bull, ox or cow, for all service required, $1 25 On every goat, hog or sheep, 30 For retailer's bond, 60 For Retailer's license, 60 For Copying and administering oath to retailer, 30 For Registration of free persons of color, every legal requirement included, 1 00 For Each peddler's license, 1 25 And for any other service performed, the same fees as allowed to the Clerk of the Superior Court. Same fees in certain cases as Clerk of Sup'r Court. 4. Sec. III. And be it further enacted, That the Sheriffs of the several counties of this State be and they are hereby entitled to demand and receive the fees hereinafter stated: Sheriffs fees in civil cases. For serving a copy of a process and returning the original, 2 00 If suit from another county, 2 00 If more than one defendant, for each additional copy served, 60 For summoning each witness, 60 For Summoning Jury and attending trial to assess damages for right of way, 5 00 For Service in every case on special Jury, 1 25 For Return of nulla bona, 2 00 For Conducting a debtor under confinement before a Judge or Court, 1 00 For Serving rule vs. garnishee, 2 00 If more than one, for each additional copy, 60 For summoning Jury to try case of nuisance, 3 00 For Removing nuisance, such fees as the Court may deem reasonable; on all sums when the execution does not exceed 50 dollars and under, 5 per cent. on the amount of fi. fa.; on all sums above 50 dollars, and execution does not exceed five hundred dollars, two and a half per cent.; all sums where the execution exceeds five hundred dollars, one and a quarter per cent.; and that no commission shall be charged where the property is notactually sold. For making out and executing titles to land, 3 50 Titles to land. If wrote by the purchaser, 1 00 For making out and signing bill of sale of other property, provided that no fee shall be allowed only for one bill of sale, when the same will be sufficient to convey the property to one person or joint purchasers, unless the purchaser or purchasers shall choose more than one. 1 25 For taking bail bonds, 1 00 For Forthcoming bonds, 1 00 In issues on application of insolvent debtors, per service not in term time, 5 00 In Executing process, dispossessing tenant, holding under plea of rent, 3 50 In Settling execution, if property be levied on, and money paid before sale, 2 00

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In Keeping a horse, mare, mule or ox, per day, 25 In Each head of neat cattle, per day, 5 In Sheep, goats or hogs per day, 4 Sheriffs' fees in Criminal Cases: For re-committing any prisoner, when a habeas Corpus is brought to his relief, 1 25 Sheriff's fees in criminal cases. On every copy of a mittimus 25 For every mile a prisoner may be removed under a habeas corpus, 25 For Removing a prisoner by habeas corpus, when no mileage is paid, per day, 2 00 For Attending a person, taken by warrant to the Judge's chamber, 1 00 For Conducting a prisoner before a Judge or Court, to and from Jail, 1 25 For Executing warrant of escape, 1 00 For Executing and returning a bench warrant, 1 25 For Apprehending a person suspected, if committed or held to bail, 1 25 For Each person, not exceeding two, who may be employed to guard a prisoner to Jail, per day, 1 50 For Executing a criminal, 10 00 For Whipping, cropping or branding a criminal, 5 00 5. Sec. IV. And be it further enacted, That the Jailors of the several counties of this State, be and they are hereby entitled to demand and receive the fees hereinafter stated: Jailor's fees. For receiving prisoner or debtor, 60 For Turning the key or discharging the prisoner by virtue of habeas corpus, by order of the Court, Judge or Justice, 60 For Dieting a white person, per day, allowing 2 lbs of bread, 1 lbs. of beef, 1 lb. pork, or lb. bacon, with sufficiency of coffee, water. 50 For Dieting negro criminal per day, allowing 1 quart cooked rice or 1 lbs. bread, and lb. bacon or 1 lbs. beef, with sufficiency of water, c., 30 For Dieting runaway negro per day, allowing 1 lb. corn bread, 1 lb. pork or lb. bacon, with sufficiency of water, 30 For Dieting person confined for debt, per day, allowing a sufficiency of wholesome provision, [Illegible Text], water c., 50 For Turning key on commitment of any prisoner, 60 For Whipping runaway negro, 1 00 (but not allowed to give runaway negro more than thirty-nine lashes at any one whipping, and not allowed to whip more than twice without the consent of the owner.) 6. Sec. V. And be it further enacted, That the Justices of the Peace of this State be and they are hereby entitled to demand and receive the fees hereiuafter stated: Fees of Justices of the Peace in criminal cases.

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Fees in Civil Cases: For each case tried by said Justices, 35 For A warrant or summons, 35 For Affidavit to obtain an attachment or to hold to bail, and taking the bond, 75 For Entering a judgment, 35 For Each execution, ca. sa. or attachment, 35 For Drawing jury and making out list, 30 For Each cause tried by said jury, 30 For Affidavit to obtain a possessory warrant and making out the same, 75 For Trying the same, 60 For Making out Interrogatories and certifying the same, 1 25 For Making out recognizance, and returning the same to Court, 35 For Each subp[oelig]na for witness, 15 For Each affidavit, when there is no cause pending, 30 For Every writ of certiorari to the Superior Court, 60 For Taking examination of a person charged with a criminal offence, 50 In Criminal cases. For Examining each witness in criminal case, 30 For Making out a commitment, 35 7. Sec. VI. And be it further enacted, That the Constables of this State be and they are hereby entitled to demand and receive the fees hereinafter stated: Constable's fees. For serving a warrant, summons or attachment, 35 For Each additional copy of summons, warrant or attachment, 30 For Summoning every witness, 30 For Each cause tried by a Justice or a Jury, 30 For Attending each trial in a Justice Court, 35 For Summoning a Jury, 75 For Levying a ca. sa. or fi. fa. and advertising, 35 For Settling fi. fa. when the property is not sold, 30 For Return of nulla bona, 30 For Conveying negro under execution to and from Jail per day, 5 For Attending Superior Court, per mile, 1 00 For Summoning Jury on inquest, 1 00 For Collecting execution issued by Coroner, 75 For Keeping a horse, mule, ass or ox, per day, 25 For Each head of neat cattle, 5 For Sheep, goats or hogs, per day, 4 On all sales made by him 6 per centum on amounts sold. For attending a Grand Jury, per day, 1 00 For Attending Grand Jury, for each bill found, to be paid by delinquent, 30 For Serving a warrant in criminal cases, 1 25 For Keeping and maintaining a prisoner before examination, not exceeding twenty-four hours, 75

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For whipping negro by sentence of Court, $1 50 For Conveying prisoner to jail, per mile, 5 8. Sec. VII. And be it further enacted, That when any person is guardian for two or more minors, owners of joint property, it shall be lawful for said guardian to make a joint return of his actings and doings, to the Court of Ordinary, and charge but for one return. Guardian's fees in a certain case. 9. Sec. VIII. And be it further enacted, That nothing in this Act shall apply to the counties of this State where there has been special Acts for said counties, regulating the fees of the officers, so as to reduce the fees of such officers in any case. Certain [Illegible Text] excepted from operation of this Act. 10. Sec. IX. (Repeals conflicting laws.) * * The compiler deems it wholly unnecessary to point out in a note, the many small variances that exist between the old fee bills and the one made by this Act. See the fee bills as established by Act of 1792, Cobb's Dig. 349 and on. By Act of 1819, the fees of county officers were increased 25 per cent., Cobb 358. Act of 1824, (Cobb 358 and '59,) regulates fees of Clerks, of Ordinaries; see also regulating fees of Ordinary, Acts of 1851 and '52, p. 97. See as to Jailor Idem p. 287. As to collection of Coroner's fees, see Cobb's Dig. 360, and Acts of 1853 and '54, p. 29. For fees of J. P. and Constable in establishing lost papers, see Acts of 1855 and '56, p. 255. SUP. CT. DECIS.The fee bill of 1792' regulating the commissions to be allowed the Sheriff, does not look to the amount of sales alone, as the measure of compensation, 19 Ga. 165. ASSENTED to December 22d, 1857. TITLE XI. DEAF AND DUMB. Sec. 1. Sections 5th and 6th of Act March 1st, 1856, * * For this Act, see Acts of 1855-6, p. 139. repealed. Sec. 2. Commissions. Sec. 3. Removalvacancies. Sec. 4. Teachers, etc. Sec. 5. Teachers, etc., not to be commissioners. Sec. 6. Repealing clause. (No. 30.) An Act to repeal the 5th and 6th sections of an Act to appropriate money for the benefit of the Georgia Asylum for the Deaf and Dumb, and for other purposes, approved March 1 st, 1856, and to provide for the appointment of Commissioners for said Institution, and for other purposes. 1. Section I. Be it enacted, That the 5th and 6th sections of the above recited Act be, and the same are hereby repealed. 5th and 6th sec'n of act of March 1st, 1856, repealed. 2. Sec. II. And be it further enacted, That the term of office of the present commissioners, shall be and become vacant on the 1st day of January, 1858, and that his Excellency, the Governor of Georgia, shall, on that day, and on the 1st day of January in each and every year, appoint nine commissioners, who shall hold their

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office for one year, unless sooner removed by the Governor; and that said commissioners, so appointed, shall have all the rights, powers, and privileges which the present commissioners have, and be subject to the same duties and liabilities. Office of present com'rs to be vacant 1st Jan 1858. Gov. to appoint 9 comm'rs on that day. Comm'rs to hold office 1 year. Com's ap'td to have same pow'rs etc. as prev, comm'rs. 3. Sec. III. And be it further enacted by the authority aforesaid, That his Excellency, the Governor of this State, shall have the power to remove any one or more of said commissioners, and make any appointment, or appointments, to fill any vacancy or vacancies, for any unexpired term that may become vacant by death, resignation, or otherwise. Gov. may remove com's and fill vacancy. 4. Sec. IV. Be it enacted further, That all elections of teachers or officers made, or that may be made by the present commissioners, for the year 1858, shall be void, and the Board appointed by the Governor under this Act, shall have the power to make said elections. Election of teachers etc. by present comm'rs for 1858, void, and com'rs appt'd by Gov. to make elections. 5. Sec. V. Be it further enacted, That neither the Superintendent, Teacher, Assistant, nor Steward, in said Institution, shall be one of said commissioners. Who may not be a comm'r. 6. Sec. VI. (Repeals conflicting laws.) * * See title Appropriations. By 19th section of the General Appropriation Act, $8,000 for clothing, etc., inmates. Assented to December 22d, 1857. TITLE XII. EVIDENCE. Sec. 1. Parties made witnesses. Sec. 2. subp[oelig]na and commissions. Sec. 3. To testify when present, though not subp[oelig]naed. Sec. 4. Party refusing to testify, how dealt with. Sec. 5. Party not to be witness for self at his own motion. Sec. 6. Repealing clause. Sec. 7. Time extended for recording bills of sale. Sec. 8. Parol testimony to show true granteeproviso. Sec. 9. Clerk may refuse to record certain deeds, etc., trial of issue of fraud. Sec. 10. Repealing clause. Sec. 11. Copies of entries in book of Tax R. admissible, Sec. 12. Repealing clause. (No. 31.) An Act to amend an Act passed the 17 th day of December, 1847. * * For Act of 1847, see Cobb's Digest, 465. to authorize parties to compel discoveries at common law, and for other purposes therein mentioned. The General Assembly of the State of Georgia do enact as follows: 1. Section I. From and after the passing of this Act, it shall be lawful in all cases that may be pending in law or equity, in this State, for plaintiffs and complainants to examine defendants as witnesses, and for defendants to examine plaintiffs or complainants as

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witnesses, under the same rules and regulations as are now prescribed by law, in relation to other witnesses. Parties may be examired as witness's. 2. Sec. II. Said parties shall be compelled to attend Court as witnesses, upon being subp[oelig]naed, in the same manner and within the same time, as is now required by law, in relation to other witnesses; and that the testimony of said parties may be taken by commission, under the same circumstances and under the same rules and regulations, and in the same manner as is now prescribed by law, in relation to the taking the testimony of other witnesses by commission; and the testimony of said parties shall be entitled to such weight and consideration with the jury as they, under all the circumstances, may see proper to give. Parties subp[oelig]naed as witnesses. Testimony of parties may be taken by commission. Weight of such testimony. 3. Sec. III. If the parties as aforesaid are present at the time of the trial of any case, they shall be compelled to testify as provided in the first section of this Act, although they may not have been served with a process of subp[oelig]na. Party present must testify although not subp[oelig]naed. 4. Sec. IV. If the parties aforesaid, or any of them, after having been subp[oelig]naed as aforesaid, shall fail to appear at Court according to the requisitions of said subp[oelig]na, or appearing shall refuse to testify, or shall fail or refuse to appear and answer before commissioners, when their testimony is required to be taken by commission, then, and in that case, said cause shall be subject to the same continuances as are allowed by law for the absence or non-attendance of other witnesses, and after said continuances are exhausted, said action shall be dismissed, provided, it be the plaintiff who refuses to appear and testify, as aforesaid, or if the party who fails or refuses to be and appear as aforesaid, be the defendant in said cause, his plea, or pleas and answers, if he has filed any, shall be stricken out, and judgment given against him, by default, or such other order may be taken and had in said cause as in the discretion of said Court, may be just and proper; and in the event said parties, plaintiff or defendant, whose evidence or discovery may be required in any action pending in either Courts, by interrogatories, shall fail or refuse to answer the same, or in case they are answered evasively, the same rule or order may, and shall be had as herein before provided, in case of failure or refusal to attend and answer, when said parties are subp[oelig]naed. Party failing to appear or testify. Continued as for abs'ce of witness. Suit disms'd if pl'ff refuses. Deft. refusing judgm's by default, etc. Party refusing to answer interrogatories same order. 5. Sec. V. Nothing in this Act shall be construed so as to permit any party to be a witness for himself, on his own motion. Party not to be witn's for self on his own motion. 6. Sec. VI. All laws in conflict with this Act are hereby repealed. * * REF NOTE.For laws relating to discovery at C. Law, see Ref. Note of Compiler of the Acts of 1853-4, p. 51. By Acts of 1854 (Acts of 1853-4, p. 51,) in order to make party a wi ness, such party must have been subp[oelig]naed 30 days before Court. By Act of 1856 (Acts of 1855-6, p, 219,) in Justices Courts, ten days subp[oelig]na sufficient. SUP. CT. DECTS.The failure of nominal parties to answer is no ground for dismissal. 20 Ga R. 90. Where good cause is shown for not answering, the Court may grant continuance or put the party on other terms. 18 Ga. 407. A party, when put upon the stand as a witness, under the Act of 1854, is liable to be cross-examined as other witnesses now by law are. 17 Ga. 303. By the Act of 1847, the order to obtain discovery had to be granted in open Court By the amendatory Act of 1850, the order could be obtained, either in term time, or from a Judge of the Supr. Court, or Justice of the Inferior Court, in vacation. Neither of them can act in a case pending in the Court of the other. 14 Ga. R. 641. * * See Acts of 1855 and '6, p. 142, by which bills of sale executed previously to the passage of that Act, having no subscribing witness to them, might be proved and admitted to record within six months of the passage of that Act, and all those made after that time to be proved and recorded within twelve months after their dates. Approved December 22d, 1857.

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(No. 32.) An Act to extend the time of the operation of an Act entitled an Act to authorize bills of sale to be proven, recorded, and admitted in evidence in certain cases therein specified. Approved March 4 th, 1856. SUP. C'T DECIS.A grant is made to Elias Nicks. Evidence going to show that the grantee is sometimes known as Elias Nicks and sometimes as Eli Nicks, is not such evidence as varies or contradicts the grant. 16 Ga. Rep., 521. Mistake in a grant cannot be rectified by scire facias or bill. 20 Ga. Rep., 571. If the rights of third persons have not intervened, it is competent for the Governor to correct mistakes in grants; otherwise there must be a judgement or decree of a Court for the purpose of ascertaining and establishing the fact. 15 Ga. Rep., 491. A grant issued by mistake can be avoided only by scire facias, or some other proceeding for that purpose, in Chancery, and it cannot be impeached collaterally at law, by showing that the grantee intended was a different person, and of a different name from the one mentioned in the grant. Idem. 10 Ga. Rep., 465. See also 12 Ga. Rep., 282. A grant cannot be collaterally impeached and set aside by proof that it issued through mistake to the wrong person. 21 Ga. Rep., 301. 7. Section I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, an Act entitled an Act to authorize bills of sale to be proven, recorded and admitted in evidence in certain cases, therein specified, approved March 4th, 1856, shall be in full force and effect for and during the space of two years, from the passage of this Act. All laws, or parts of laws, militating against the provisions of this Act are hereby repealed. Act of Mar'h 4th, 1856, extended 2 yrs. from passa'e of this Act. Assented to December 22d, 1857. (No. 33.) An Act to declare the law of evidence in certain cases, and to prescribe rules under which Clerks may refuse to record deeds, and for other purposes. 8. Section I. Be it enacted, That in any suit respecting title to land in any Court of Law or Equity, in this State, it is declared to be competent by parol proof on the trial to ascertain the true grantee See title Justices' Courts, No. 85, for Act relating to subject of evidence in those Courts. of the land, and show what person really drew it, notwithstanding any mistake in the issuing of the grant, or in taking down or transcribing the name of the drawee. Providing [provided?] nothing herein contained shall be so construed as to apply to, or be applicable to the legally vested rights of any citizen of this State, or of the United States, in rights vested by written agreement, of all kinds whatsoever, bearing date anterior to the passage of this Act. [Illegible Text] proof admissible in certain suits to ascertain the true grantee. This Act not to affect vested rights. 9. Sec. II. Be it enacted, That where any deed shall be presented to any Clerk in this State to be recorded, if it shall appear to be

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a deed under what is known as the Primrose Grant, or any such grant, or for any other reason fraudulent and void, it shall be the duty of the Clerk to refuse to record such deed and assign his reasons therefor in writing, and return the deed and his refusal to record the same to the next term of the Superior Court, when the question, whether the deed or the grant under which the deed was made, is fraudulent and void, shall be tried by a special jury of the said county; if they find `fraud' the deed shall not be recorded, but if they find no fraud the deed shall be recorded. Cl'k [Illegible Text] to record fraudulent deeds or grants. Cl'k to put in writing his reason for not recordi'g and make return to next Sup'r Court. And question of fraud to be decided by special jury. 10. SEC. III. (Repeals conflicting laws.) Repealing clause. ASSENTED to December 22d, 1857. (No. 34.) An Act to prescribe the mode of proving entries on the books of Receivers of Tax Returns in this State. 11. Section I. Be it enacted, That in all cases where either party in any case, shall desire to introduce in evidence, entries on the books of the Receiver of Tax Returns, it shall not be necessary to produce said books in Court, but the entries relied on shall be considered sufficiently proven by a copy of such entries certified by the Clerk of the Inferior Court of the county where such books are required by law to be kept, without further proof; and such certificate shall be evidence in any county [Court?] in this State, in all cases where the books themselves would be evidence. Copies of entries in b'ks of Tax Receiver made and certified by Cl'k of Inferior C't evidence. In all cases where the original b'ks would be. 12. SEC. II. (Repeals conflicting laws,) Assented to December 22d, 1857. REF. NOTE.See title Penal Code, for Act making wife competent witness against defendant on trial for beating his wife. GENERAL NOTE TO TITLE XII. 1. In cases for libeland slander an exception is made to the general rule, and witnesses may state their inferences how they understood the words to be spoken. 18 Ga. Rep. 52. 2. The maker of a deed is a competent witness to prove that the deed is a forgery, although it is proved by the subscribing witnesses. Idem 350. 3. A subscribing witness to a deed proved its execution, as he supposed, for the purses therein mentioned. Held sufficient. Idem 575. 4. Papers produced under notice are evidence, when inspected, for both parties. Idem 609. 5. Receipts and other papers are admitted upon no other proof than the presumption of their fairness, founded on human experience. Idem 609. 6. A party not appealing may be witness for a co-defendant appealing. Idem 609. 7. Where a witness for the State has been deteined from Court by the procurement of defendant, his previous examination, taken in writing, may be read in evidence. 19 Ga. Rep. 402. 8. The record of a judgment upon notes is no proof of the execution of the notes as against third persons. Idem 404. 9. Objections to evidence not made, are waived. 20 Ga. Rep., 135. 10. A question being overruled as leading, does not prevent the witness from testifying on that point. Idem 153. 11. Jury may consider as evidence a return on a fi. fa. in evidence before them. Idem 204. 12. Proof of cost of work inadmissible to show its value. Idem 359. 13. Books are admissible only because no better evidence exists. Idem 365.

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14. General reputation, reputed ownership, public rumor, c., is original evidence, and not hearsay. Idem 480. 15. An irregular judgment may be evidence for many purposes. Idem. 16. Acts and declarations of conspirators is original evidence against all, but subsequent declarations are evidence only against the party making them. Idem 681. TITLE XIII. EXECUTORS, ADMINISTRATORS, ETC. Sec. 1. Guardians may resign. Sec. 2. Executors, c., may resign. Sec. 3. To be discharged, when. Sec. 4. No pay for delivering over property or money. Sec. 5. Bond of successor. Sec. 6. Repealing clause. Sec. 7. Ex'or, c., to make titles, where testate, c., gave bond for Sec. 8. Certain judgments of Ordinary made valid. Sec. 9. Jurisdiction of Ordinary where he takes interest by will. Sec. 10. Right of appl. inviolate. (No. 35.) An Act to amend an Act entitled an Act to allow Executors, Administrators and Guardians to resign their trusts on certain conditions, approved February 10 th, 1854. 1. Section I. Be it enacted, That the above recited act be so amended as to allow guardians to resign their trusts when their wards shall have arrived at the age of fourteen years, and shall, with the consent of said guardian and the Ordinary of the county, choose another guardian, upon the same terms as now provided for in said Act. REF. NOTE. By Act of 1854, (Acts of 1853 '4, page 36,) guardians, c., were allowed to resign their trusts, only because of age, infirmity, or removal from the county. For compensation of guardian of two or more minors, when making return of joint property, see title County Officers and Records, Sec. 7, of general fee bill. Guardians may resign when ward is 14 years of age. Ward to choose another guardian. ASSENTED to December 21st, 1857. * See note to No. 38 of this title. (No. 36.) An Act to enable Executors, Executrixes, Administrators, Administratrixes and Guardians to resign their trusts under certain circumstances. Whereas, it often becomes important to the interests of legatees, devisees and distributees of estates, that executors, executrixes, administrators, administratrixes, and guardians should be permitted to resign their trust, provided a fit and suitable successor can be found who will accept the trust, and who will be acceptable to the Ordinary, as competent and responsible, and there being no provision for such cases by the existing laws, for remedy whereof, Preamble. 2. Section I. Be it enacted, That from and after the passage of

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this Act, it shall and may be lawful for any executor, executrix, administrator, administratrix or guardian to resign his or her trust, provided, he or she can get some suitable person to accept his or her office, who shall be acceptable to the Ordinary of the county where such application is made; such successor in office to comply with existing laws, as to giving bond, taking oath, c. Adm may resign if they will get some suitable person, acceptable to the Ordinary, to take their place. Successor to give bond, c. 3. Sec. II. Be it further enacted by the authority aforesaid, That any persons availing themselves of the provisions of this Act, shall forthwith deliver all property and pay all money held by him or her, in such fiduciary character, to his or her successor, under the supervision, and with the consent and approval of the Ordinary of the county having jurisdiction of the executor, executrix, administrator, administratrix or guardian, and upon such full and fair accounting and payment, shall be discharged, but not otherwise. Persons availing themselves of this Act to deliver all property and pay over all moneys to successors. And upon doing so shall be discharged. 4. Sec. III. Be it enacted by the authority aforesaid, That such person so availing him or herself of the provisions of this Act, shall, in no case, charge, or be entitled to any compensation for turning over property or paying the money held by him or her, to their successors. Person turning over property, c., entitled to no compen. for the same. 5. Sec. IV. Be it further enacted, That in all cases where an executor, executrix, administrator, administratrix or guardian, resigns his or her trust, his or her successor shall give bond in double the amount of the estate to be turned over by the executor, executrix, administrator, administratrix or guardian, resigning his or her trust, the securities to be judged of by the Ordinary. Bond in double the am't of the estate turned over. 6. SEC. V. (Repeals conflicting laws.) * * See note to No. 351. DECIS, SUP. C'T.A judgment of dismissal by the Ordinary relieves the administrator from all liability, unless such judgment be impeached in that Court for irregularity, or in the Sup'r C't for fraud. 18 Ga. Rep. 346. ASSENTED to December 21st, 1857. (No. 37.) An Act to provide for the perfecting of titles to land where parties die and have bonds out for titles. 7. Section I. Be it enacted, That when any person shall hereafter die, whose bond is out fortitles to land, and it is made appear to the satisfaction of all parties, that the provisions of the bond have been complied with, that administrators or executors or executrix, may proceed to make and deliver titles to the holder of said bond without advertising ninety days in some public newspaper, as is now prescribed by law. * * See Act of which this is amendatory, Cobb's Dig. p 310. For Act providing for cases where vendee or both parties die leaving bond for titles, Idem p. 314, For Act authorizing executor c., to sell land for unpaid purchase money, see Idem p. 518. All laws and parts of laws militating against this Act, be and the same are hereby repealed. When provisions of bond for titles have been complied with by obligee, the adm'r c., of deceased obligor may make titles without giving 90 days notice. Repealing clause. ASSENTED to December 22d, 1857.

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(No. 38.) An Act to legalize certain judgments of the Courts of Ordinary of this State, to provide for the probate of wills in certain cases, and for other purposes. The General Assembly of the State of Georgia do enact as follows: 8. Section I. All judgments and orders of the Courts of Ordinary of this State, which have heretofore been recorded, admitting wills to probate, shall not be vacated, annulled or set aside on account, or by reason of any interest or estate, which the Ordinaries presiding, may take, or be entitled to, under such wills, but the said judgments and orders, notwithstanding such interest or estate, shall be good, legal and binding. Judgments by Ordinaries admitting wills to probate, valid and binding altho' Ordinary took an interest under the will. 9. Sec. II. The Courts of Ordinary of this State, shall have jurisdiction in all cases hereafter arising, to pass judgments and orders admitting wills to probate, notwithstanding any interest or estate that the Ordinary presiding, may take or be entitled to under such wills, and such judgments and orders, notwithstanding such interest or estate, shall be legal and binding. Cts. of Ord. to have jurisdiction of probate of wills, when Ord. takes int. or estate under will, and judgments to be valid. 10, Sec. III. Nothing in this Act shall be held or construed to take away the right of appeal as now provided for by law. * * Ordinary Courts are Courts of general jurisdiction over intestates' estates,18 Ga. Rep. 526. Right of appeal not taken away by this Act. Assented to December 21st, 1857. GENERAL NOTES TO TITLE XIII. 1. Interest should be charged on advancements only from the time they are brought into hotchpot. 18 Ga. Rep. 177. 2. After dismission, the statute of limitations runs in favor of administrators and against distributees. Idem 346. 3. For injuries to property in actual possession, administrator, c., may sue in his own name. Aliter, where the possession is constructive. Idem 679. 4. Admissions by adm'rs, c., relating to matters of litigation, are admissible against the estate. If they injure the estate, they are liable. Idem 687. 5. If an Executor commits a devastavit, a purchaser knowing of a breach of trust, can be made liable by those interested. 19 Ga. Rep. 94. 6. One Executor is not liable for assets which come to the hands of his co-Executor, nor ordinarily responsible for his laches. Idem 136. 7. Where citation issues for one, letters may be granted to another. Idem 220. 8. Money or goods of another person coming into the hands of Adm'r, with those of deceased, are not assets. Idem 554. 9. The Ordinary may resemd. for fraud or improvidence, granting letters of dismission, till rescinded, it is binding. Such an order is no prejudice. 20 Ga. Rep. 1. 10. Administrators may recover land of the heir, or a purchaser from the heir, without an order of sale. Idem 135. 11. Administration will not be presumed in favor of a trespasser Idem. 12. The Act of 1799, empowering Executors and Administrators to make titles, is permissive only, and not imperative. Idem 143. 13. The title of the heir, obtained fairly by distribution, is good against a judgment subsequently obtained against the Administrator. Idem 145. 14. Ordinary may force administration on Clerk of the Superior Court. Idem 775.

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TITLE XIV. GEORGIA MILITARY INSTITUTE. Sec. 1. Gov. authorized to purchase Ga. Mil. Institute. $7,000 appropriated for that purpose. Sec. 2. Buildings to be enlarged. $7,000 appropriated for that purpose. Sec. 3. Board of Visitors, their duties and compensation; appropriation, to be paid as needed. Sec. 4. Board of Trustees, their duties, powers, c. (No. 39) An Act to purchase the Georgia Military Institute at Marietta, and provide for the comfort of Cadets who may be sent there for instruction. Whereas, in a Government like ours, the strong arm of whose defence is found in the citizen soldier, it is the duty of those whom the people have vested with power, under the Constitution, to provide by law for the public safety, to adopt such regulations for the organization and training of the Militia as shall fit them for immediate and efficient action, when called out by the Federal or State authorities, to repress-insurrections or repel invasions, or to perform the more arduous duties of soldiers in regular and steady war; and whereas, the wisest and best plan of accomplishing this great object, is for the State to assume, direct and superintend the military education and training of men who are to form the future reliance of the country in times of such exigencies, therefore, Preamble. 1. Section I. Be it enacted, That his Excellency, the Governor be, and he is hereby authorized to purchase the Georgia Military Institute at Marietta and the lands belonging thereto; and that the sum of seven thousand (7000) dollars be and the same is hereby appropriated and placed at the disposal of his Excellency, the Governor, for that purpose. Gov. authorized to purchase the Ga Mil. Instit'te at Marietta, and lands belonging to it. $7000 appropriated for that purpose 2. SEC. II. And be it further enacted by the authority aforesaid, That after the purchase of said property, the buildings now erected there shall be so enlarged and such additional number of dormitories shall be constructed as to provide sufficient rooms for recitations, library and apparatus and lodging apartments for the comfortable accomodation of cadets, and that the sum of seven thousand dollars be and the same is hereby appropriated for that purpose. Buildings to be enlarged, c. $7000 appropriated for said last purpose. 3. SEC. III. And be it further enacted by the authority aforesaid, That the Board of Visitors of the Georgia Military Institute, are hereby authorized to examine the Institute grounds, determine on the improvements necessary and proper for the objects contemplated by this Act, contract for and superintend the execution thereof, and as they are completed, or at different stages of their progress, to call for such part or parts of the appropriation hereby made, as shall

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be required for the payment of the same, and in no case shall an advance payment be made without ample security that the money shall be applied to the work; and that said Board of Visitors be paid a reasonable compensation for their services, by warrant on the Treasury; and a sufficient sum for that purpose is hereby appropriated. Board of visitors, their duties. Parts of appropriation when called for, c. Board of vis. to be compensated. Money appropriated. 4. SEC. IV. And be it further enacted by the authority aforesaid, That there shall be a Board of Trustees for said Military Institute, appointed by his Excellency, the Governor, consisting of not more than five persons, (neither of whom shall be a professor) whose duty it shall be to superintend the interests of said Institution, who are hereby vested with power to fill all vacancies which may occur in their body; and they are hereby further invested with power to fill all vacancies which may hereafter happen in the Faculty, and exercise all the powers and faculties usually exercised by trustees of colleges. * * REF. NOTE.For previous legislation relating to the Georgia Military Institute, see Acts of 1851'2, pages 6 and 8 and Acts of 1855'6, pages 9 and 10. Board of Trustees appointed by Gov., not more than 5. Duties of B. of Trustees. Vacancies. Powers. ASSENTED to December 21st, 1857. TITLE XV. INSOLVENT DEBTORS. Sec. 1. Farm horse or mule exempt from levy and sale without regard to value. (No. 40.) An Act to amend an Act to exempt from levy and sale under executions, certain property therein mentioned. Assented to December 11 th, 1841. 1. Section I. Be it enacted, That from and after the passage of this Act, the aforesaid Act be so amended as to permit every white citizen of this State, male or female, being the head of a family, to hold and possess, free from levy and sale, one farm horse or mule, without regard to the value of the same. * * REF. NOTE.For Act of which this is amendatory, see [Illegible Text] p. 389. See the following Acts exempting property from levy and sale. Act of Dec. 23, 1822, (Cobb 385) and note at bottom of page, Act Dec. 22, 1831, (Cobb 388), Act Dec. 22, 1835 Cobb 388, Act Dec. 11, 1811, Cobb 389, Act Dec 22, 1813, Cobb 390, Act Dec. 29, [Illegible Text] Cobb 391, Act Jan. 22, 1852, Acts of 1851 '2, p. 106. For Acts relating to insolvent [Illegible Text] generally, see Cobb's N. Dig. pp. 379 to 392, inclusive, also Acts of [Illegible Text] [Illegible Text] pp. 153, 4. SUP. C'T DECIS.1. An insolvent debtor is not entitled to have two watches exempt from levy and sale. Query as to one? 16 Ga. Rep. 179. 2. The implements or tools of his wife's calling or trade are not exempt. Idem. 3. Land is not exempt under the Act of 1811, unless the provisions of that Act, as to survey, c., be first complied with. 20 Ga. Rep. 38. 4. A grist mill cannot be included in the land exempt. Idem. 5. If a debtor owns only ten [Illegible Text] of land in the county, the Acts of 1811 and 1813, requiring the [Illegible Text] to admeasure. c., do not apply. [Illegible Text] 2 [Illegible Text] 6. The Act of 1822. [Illegible Text] the [Illegible Text] tools of the debtor's trade from levy and sale, does not extend to a lawyer's hbrary. 20 Ga. Rep. [Illegible Text] Head of family to hold free from levy and sale one farm horse or mule, irrespective of its value. ASSENTED to December 22d, 1857.

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TITLE XVI. INTERNAL TRANSPORTATION AND COMMUNICATION. ART. 1. RAILROADS: 1. GENERAL LAWS. 2. PRIVATE CORPORATIONS. ART. 2. STEAM NAVIGATION. ART. 3. TELEGRAPH COMPANIES, c. ART. 4. TURNPIKE COMPANIES. ART. 5. CANAL COMPANIES. ARTICLE I. RAILROADS. I. GENERAL LAWS. Sec. 1. Railroad [Illegible Text] to check baggagePenalty for refusing, $50How recovered. (No. 41.) An Act compulsory upon the several Railroads of this State to give checks for Trunks and Baggage in separate pieces, when required, at any of the stations of [Illegible Text] Roads, and to the point of destination of the [Illegible Text] under certain penallies. 1. Section 1. Be it enacted, That it shall be the duty of all [Illegible Text] Companies to cause their condnctors, agents, or employees, to be provided with checks, so as to check all trunks or [Illegible Text] baggage of passengers from station to [Illegible Text] on their Roads when required, and it shall be the duty of the [Illegible Text] of every passenger train to cause, upon application to him, all trunks and baggage to be checked from any station to any [Illegible Text] of destination on their road, or any road running under the control of the Company of which he is conductor, under a penalty of fifty dollars for every failure to comply promptly with such requisition, to be recovered in the Justices' Court of the District, where the demand for check was made, out of the Company, upon whose conductor the demand was made. * * REF. NOTE. For general laws heretofore passed relatin [Illegible Text] see Acts of 1851 2, p. 107-8Acts of 1853-1. p. 92Acts of 1855-6. p. [Illegible Text] SUP. CT. DECIS.1. A Railroad Company is bound to [Illegible Text] [Illegible Text] care in running its [Illegible Text] even if others are somewhat negligeat, and [Illegible Text] [Illegible Text] results from this want of ordinary care on their part they [Illegible Text] make it [Illegible Text] [Illegible Text] Rep 437. 2. If both parties are negligent, and the plaintiff, in [Illegible Text] [Illegible Text] [Illegible Text] caution, could have avoided the injury, he cannot recover of the [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] R. R. Companies to have their conductors suppl'd with checks. To check all trunks, etc., upon application. Under [Illegible Text] of $50 for every failure. Penalty how and ont of whom recovered. ASSENTED to December 22d, 1857.

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II. PRIVATE CORPORATIONS. No. 42. Atlanta and LaGrange R. R. name changed to Atlanta and West Point R. R. No. 43. Barnesville and Thomaston R. R. No. 44. Dalton and Gadsden R. R. No. 45. Atlantic and Gulf R. R. Company. No. 46. So. Ga. and Flor. R. R. Company. No. 47. LaGrange and Troup Fac. R. R. Co. And Milledgeville R. R. Co. No. 48. Macon and Brunswick R. R. Co. No. 49. Muscogee R. R. No. 50. Hiwassce R. R. Co. No. 51. Wills [Illegible Text] R. R. Co. No. 52. Ga. and Ala. R. R. Co. ATLANTA AND WEST POINT RAILROAD. Sec. 2. Name changed. Sec. 3. Branches to Greenville or Columbus. Sec. 4. May indorse bonds of the Ala. and Fla. Railroad Company. (No. 42.) An Act to amend the Charter of the Atlanta and LaGrange Railroad Company. * * Incorporated 1817, pam. 178, [Illegible Text] 1850. pam. 238, also in 1852, [Acts 1851-2, p. 125.] 2. Section I. Be it enacted, That the Atlanta and LaGrange Railroad Company shall be hereafter known as the Atlanta and West Point Railroad Company. Name changed to Atlanta [Illegible Text] P't R. R. Co. 3. Sec. II. Be it further enacted, That said Company shall have the power to build branches from any suitable point or points on their Road (to be judged of by the Board of Directors) to Greenville or Columbus, in this State. Provided, however, that said branch or branches shall be built on bona fide [Illegible Text] to the capital stock, subseribed and paid up sufficient for that purpose. Company may build branches to Greenville or Columbus. But only upon bona fide subscript'ns. 4. Sec. III. Be it further enacted, That said Company shall have power to indosre the bonds of the Alabama and Florida Railroad Company for a sum not exceeding three [Illegible Text] thousand dollars, on such security as may be approved by the Board of Directors, and that any bonds of the said Alabama and Florida Railroad Company that have been or may be hereafter indorsed (not execeding in all the sum aforesaid) shall be valid and [Illegible Text] Provided, the same shall have been approved by a convention of Stockholders, and be hereafter approved by the Board of Directors. May indorse bonds of Ala and Fla. R. R. Co. not exceeding $300,000. Bonds so indorsed are valid. Must be approved by St'ckhold'rs Directors. Assented to December 22d, 1857. BARNESVILLE AND THOMASTON RAILROAD. SECTION 5. Time of commencing said road extended ten years. (No. 43.) An Act to [Illegible Text] the time for commencing the building and [Illegible Text] of the extension of the Barnesville and [Illegible Text] Railroad from [Illegible Text] Upson county, to such point of the Muscogee road at or near Geneva, in Talbot county, or some other point.

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5. Sec. I. WHEREAS the charter granted for the above extension will soon expire, the legislature do enact that the charter and time allowed to commence said work be extended for the space of ten years from and after the passage of this Act. * * Incorporated 1839, pam. 100. Revived 1817, pam. 188. Ten years further time allowed to commence work on the Barnesville and Thom. Railroad. Assented to December 22d, 1857. DALTON AND GADSDEN RAILROAD COMPANY. SECTION 6. Time for beginning extended two years. SEC. 7. Repealing clause. (No. 44.) An Act to alter and amend an Act, assented to on the 25th day of February, 1856, so far as to extend the time for commencing the work on the Dalton and Gadsden Railroad. 6. Sec. I. Be it enacted, That the charter heretofore granted to the Dalton and Gadsden Railroad Company, be so amended as to extend the time for commencing the work on said road for two years from the date of the approval of this Act. * * Incorporated 1854, (Acts of 1853 and '54, p. 420) Charter amended and time for [Illegible Text] extended 1856, (Acts 1855-'56, p. 182.) Dalton and [Illegible Text] R. R. Com. allowed 2 yrs. within which to begin the work on their road. 7. Sec. II. (Repeals [Illegible Text] laws.) Assented to December 22d, 1857. ATLANTIC AND GULF RAILROAD COMPANY. Section 8. Relinquishment,Subscriptions, c. Section 9. Reliquishment if not made within 30 days, subscriptions paid Atlantic and Gulf R. R. Company. Sec 10. Repealing clause. (No. 45.) An Act to explain an Act entitled an Act to incorporate a Railroad Company to be called the Atlantic and Gulf Railroad Company, and for other purposes therein named, approved February 27 th, 1856, and for other purposes. WHEREAS, the Legislature of 1855 and 1856, granted a charter incorporating a certain railroad company under the name and style of the Atlantic and Gulf Railroad Company, authorizing the Governor of this State to subscribe for stock in said railroad company, when certain conditions had been complied with, specified in said charter; and whereas the fifth section of said charter contained the [Illegible Text] proviso, viz: But no payment shall be made on the part of the State, until the Savannah, Albany and Gulf Railroad Company, and the Brunswick and Florida Railroad Company shall have released any right which either of said companies have or claim to interfere with the location of said road on account of any privileges granted in the charters of either of them; and,

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whereas doubts have arisen as to what construction may be put on the said words requiring said relinquishments: [Illegible Text] 8. Section I. Be it therefore enacted, That whenever the companies aforesaid shall have made relinquishments to the said Atlantic and Gulf Railroad Company in the following words, to-wit: The Savannah, Albany and Gulf Railroad Company, or the Brunswick and Florida Railroad Company, (as the case may be) do hereby release to the Atlantic and Gulf Railroad Company, the right of way for their main line over the territory covered by its charter from a point at or near the initial point of said Atlantic and Gulf Railroad Company to the western boundary of the State of Georgia, the said Brunswick and Florida Railroad Company reserving to itself all other rights and privileges granted by its charter, except the right of way aforesaid, and a right of franchise of three hundred feet [300] on either side of said line, then and in that case, the Governor, for the time being, shall be authorized to pay over to the said company the subscriptions on the part of the State, according to the other provisions and requisitions of said charter. Form of a release of a right of way to be executed by the Savannah, Albany and Gulf R. R. Co., or by the Brunswick and Florida R. R. Co., to the Atlantic and Gulf R. R. Co., before the Gov shall be authorized to pay State subscriptions. 9. Sec. II. Be it further enacted, That if the relinquishment or release contemplated by this Act, to said Atlantic and Gulf Railroad Company, by the Savannah, Albany and Gulf Railroad Company, and the Brunswick and Florida Railroad Company shall not be made within thirty days after the passage of this Act, then and in that event the Governor be and he is hereby required, without any release or relinquishment whatever, either from the Brunswick and Florida Railroad Company or from the Savannah, Albany and Gulf Railroad Company, to pay the subscription of the State to the Atlantic and Gulf Railroad Company, then and in that event, all laws and parts of laws, requiring any release of any rights from either the Savannah, Albany and Gulf Railroad Company, or the Brunswick and Florida Railroad Company, before payment shall be made on the part of the State, of its subscription to the Atlantic and Gulf Railroad Company, be and the same are hereby repealed. If the said relinquishment be not made wirhin 30 days after the passage of this Act, Gov. shall, without any relinquishment or release from either of said com'ps. pay th' State subscrip'ns to the Atlantic and Gulf R. R. Company. In that event all laws requiring such release from either of said Cos. before pay'mt by the State of subscrip's to the Atlantic Gulf R. R. Co., are repeated. 10. Sec III. (Repeals conflicting laws.) * * For Act of which this is explanatory, see Acts of 1855 and '56, p. 158-9. Approved December 1st, 1857. THE SOUTH GEORGIA AND FLORIDA RAILROAD COMPANY. Sec. 11. The South Ga. and Fla. Railroad Co. incorporated, Sec. 12. Route and connections. Sec. 13. Capital stock, c. Sec. 14. Provisions of charter of So. Ga. and Fla. R. R. Co. extended to this. Sec. 15. Time of commencement. Sec. 16. Repealing clause. (No. 46.) An Act to incorporate the South Georgia and Florida Railroad Company.

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Whereas, by an agreement entered into between the Directors of the Georgia and Florida Railroad Company and the parties resident in Thomas county, named in the charter, the said parties in Thomas county were to have the control of the charter of said company for all of said line of road south of Albany, and Legislative provision was to be obtained therefore, and under said agreement a Provisional Board of Directors has been elected for said road south of Albany: Preamble. 11. Sec. I. Be it enacted, That from and after the passage of this Act. Thomas B. Winn, D. S. Brandon, James L. Seward, A. H. Hansell, William McClendon, P. E. Love, James H. Hayes, and their associates, successors and assigns, be and they are hereby declared and constituted a body corporate and politic by the name and style of the South Georgia and Florida Railroad Company, and by that name may sue and be sued, plead and be impleaded, in any Court of Law or Equity in this State, may have and use a common seal, and the same alter or destroy at pleasure, and may purchase, accept, have, hold, enjoy and convey any property, real, personal or mixed, which may be necessary or proper for the purposes herein mentioned. Corporators. So. Ga. and Fla R. R. Co. incorporated General powers, c. 12. Sec. II. Be it further enacted by the authority of the same, That said company shall have power and authority to survey, lay out and construct, equip, use and enjoy a Railroad from Albany, in the county of Dougherty, or any point in its vicinity, on either side of Flint River to Thomasville, in the county of Thomas, and from Thomasville to any point on the Florida line, and to connect with any other road at such points as they may deem best. Route, stations and termini. 13. Sec. III. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be not less than fifty thousand, or more than one million of dollars; books of subscription for which shall be opened at such times and places as a majority of the parties named, their successors or assigns, shall determine. Cap'l stock from $50,000 to $1,000,000 Books of subscription. 14. Sec. IV. Be it further enacted by the authority aforesaid, That the provisions of the Act incorporating the Georgia and Florida Railroad Company, so far as applicable, shall be applied to said South Georgia and Florida Railroad Company. Act incorporating Ga. and Fla. R. R. Co. applied to this corporation. 15. Sec. V. Be it further enacted, That the road contemplated in this Act, shall be commenced within five years from the passage of this Act, or this charter be forfeited. Road to be commenced in 5 years or charter forfeited. 16. Sec. VI. (Repeals conflicting laws.) Assented to December 22d, 1857.

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LAGRANGE AND TROUP FACTORY RAILROADMILLEDGEVILLE RAILROAD COMPANY. Sec. 17. Corporators, name of corporation, powers, c. Sec. 18. Route, privileges and liabilities. Sec. 19. Liable for damages, proviso. Sec. 20. Milledgeville R. R. Co., route and termini of their road. Sec. 21. Repealing clause. (No. 47.) An Act to incorporate the LaGrange and Troup Factory Railroad and for other purposes therein named. 17. SECTION I. Be it enacted, That from and after the passage of this Act, Thomas Leslie, Jesse McLendon, Thomas J. Thornton, Thomas C. Evans, Orville A. Bull, John W. McGehee and James M. Flowers, and their associates successors and assigns, be and they are hereby created and declared to be a body politic and corporate, by the name and style of the LaGrange and Troup Factory Railroad Company, and in and by that name may sue and be sued, plead and be impleaded, in any Court of Law or Equity in this State, may have and use a common seal, and may purchase, hold and convey any property, either real, personal or mixed, necessary for the purposes hereinafter mentioned. Corporators. LaGrange Troup Fact. R. R. Co. incorporated. General powers, c. 18. SEC. II. And be it further enacted by the authority aforesaid, That said company shall have power and authority to build a railroad from LaGrange, in Troup county, to Troup Factory, in said county, and the same to equip, use and enjoy, with all the rights, privileges and immunities granted to the Atlanta and LaGrange Railroad Company, * * See note to No. 43. and subject to the same liabilities imposed upon said Company, so far as the same may be applicable under this Act and to the several Acts amendatory of the aforesaid charter of the LaGrange and Atlanta Railroad Company, here to fore passed. Provided that nothing in this Act shall be construed to exempt the stock, railroad, and equipment of said company from any tax the Legislature may hereafter assess. R. R. route. Same rights and liabilit's as Atlanta LaGrange R. R. Co. Liable to tax ation. 19. SEC. III. Be it further enacted by the authority aforesaid, That said Railroad Company shall pay for all stock and other property destroyed or damaged by said company, for and on account of the running of the locomotives or cars on said road, and for all damages sustained by any individual or his heirs at law, for and on account of any damage done said individual by the running of said cars and locomotives on said road, whether death may occur or not, provided said damages were not the fault of the individual so damaged; if so, said company shall not be bound for the same, upon the proof by them of that fact. Liable for damages. Proviso. 20. SEC. IV. Be it further enacted by the avthority aforesaid, That the Act to incorporate the Milledgeville Railroad Company,

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assented to 26th day of December, 1837, and the several Acts amendatory thereof, assented to in December, 1847, and February 8th, 1850, be and the same are hereby so amended that said company shall have the right of constructing their said Railroad from the city of Milledgeville, by the way of Sparta, or its vicinity, in Hancock county, of this State, to Warrenton, in Warren county, or may intersect with the Georgia Railroad at any point above or below Warrenton, as the said Milledgeville Railroad Company may agree upon and select, or the said company may construct their said railroad direct from the city of Milledgeville to the city of Augusta, in this State, on any route they may deem most convenient and practicable for the purpose, and in adopting and using either of the routes herein indicated, different from those authorized by the original charter, the said company shall have and possess all the rights, powers, privileges and franchises heretofore granted by the original Act of incorporation, and the several Acts amendatory thereof as herein before specified, subject at the same time to all the limitations and restrictions therein contained. * * REF. NOTE. Milledgeville R. R. Co. incorporated 1837, pam. 214, amended 1842. pam. 141, revived and amended 1847, pam. 175, 1850, pam. 253, Acts of 1853'4 p. 444 Acts of Dec-26th, 1837, and of Dec. 1847 and Feb 8, 1850 am'd Routes and connections of Road. Powers, c. under amended Acts. 21. SEC. V. (Repeals conflictinglaws.) Assented to December 22d, 1857. MACON AND BRUNSWICK RAILROAD COMPANY. Sec. 22. Act of 1856 re-enacted. Sec. 23. Subscriptions for stockStock-holdersDirectorsvotesquorum. Sec. 24. StockSharestransfer of. Sec. 25. Route of road, Powers, c. Sec. 26. May construct branch roads. Sec. 27. Right of way, adjustment. Sec. 28. Connection with At. and Gulf R. R. Co., Privileges, c. (No. 48.) An Act to amend the Charter of the Macon and Brunswick Railroad Company, and to define more particularly the powers and privileges of said Company, and for other purposes therein named. 22. Section I. Be it enacted, That the act incorporating the Macon and Brunswick Railroad Company, approved March 1st, 1856 be and the same is hereby confirmed and re-enacted, and the action of the corporators and stockholders thereunder confirmed and made valid. Act of Mar'h 1st 1856 confirmed and re-enacted. The acti'n of corporators thereunder made valid. 23. Sec. II. And be it further enacted, That Arthur E. Cochran, Thurston R. Bloom, Lewis N. Whittle, James Houston, B. F. Ross, George Walker, and E. E. Crocker, the Directors of said Company, shall have power to appoint the times and places at which subscriptions for stock in said Company may be taken, and every person, corporation, or body politic subscribing at such times or places, or at any time afterwards, under the authority of said Directors, shall be stockholders in said Company, and shall pay in the stock so subscribed for at such times and in such amounts as the by-laws and regulations of said Company may require, and as soon as the sum

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of two hundred thousand dollars shall have been subscribed to the capital stock of said Company the said board of directors shall have power to call a meeting of the stockholders at such time and place as they may deem best, after having given thirty days notice thereof, in some newspaper or papers published in the cities of Macon and Brunswick, at which time and place, or at any other time and place, of which notice may be given as aforesaid, said stockholders may proceed to the election of seven directors for said Company, and said directors shall have power to elect one of their number President of said Board of directors and to appoint such other officers as they may deem necessary and proper for said Company, and to pass such by-laws as they may think proper for the government of said Company not repugnant to the constitution and laws of this State, and the said Board of Directors shall hold their office for the term of one year from their election, and until their successors are elected, and in all cases the Stockholders shall have the right to vote in person or by proxy, under power of Attorney, duly executed, and the number of votes to which each Stockholder shall be entitled, shall be according to the number of shares he, she, or they may hold, either in their own right, or as guardian, executor, administrator, agent or trustee, for at least one month previous to said election, one vote for each share. The Board of Directors shall have power to fill all vacancies which may occur in their Board, until the next annual election by the Stockholders, and shall fix the compensation of the President of the Board. Five Directors shall constitute a quorum for the transaction of business, of whom the President shall be one, except in cases of sickness, or necessary absence, when his place may be filled by one of the Board present to be elected President pro tem. by a majority of the Board present. St'kholders to fix the time for taking subscrip. Stockh'ders who may be. Meeting of Stockh'ders. 30 days newspaper notice. Directors, President. Other officers. By-laws. Directors hold office one year. Vote in person or by proxy. As many votes as sh'r's allowed each. Vacancy. President's comp'nsat'n Quorum. President pro tem. 24. Sec. III. And be it further enacted, That the capital stock of said Company shall be two millions of dollars, which may be increased to an amount not exceeding the whole cost of the Road and equipments and outfits, to be divided into shares of such amounts each, as the present Board of Directors shall determine, and said shares to be transferable on the books of said Company as may be prescribed by the Board of Directors, and no stockholder indebted to the Company shall transfer his stock without the consent of a majority of the Directors. Capital st'k $3,000,000. Shares. Not to transfer when indebt'd to Co. without [Illegible Text] of Dir's. 25. Sec. IV. That said Company shall have full power and authority to survey, lay out and construct a Railroad from the city of Brunswick to the city of Macon, in this State, and the same to equip, use and enjoy with all the rights, privileges and immunities granted to the Central Railroad and Banking Company, * * See for a reference to the various Acts relating to the Central R. R. and Banking Co., Cobb's Dig. p. 422; Acts of 1851-2, p. 119; Acts of 1853 4, p. 456. and subject to the same liabilities imposed upon said Company, so far as the same may be applicable. R. R. from Brungswick to Macon. H've all rig's etc. of Cen. R. R. B'k. Co. so far as applicable. 26. Sec. V. And be it further enacted, That said Company shall have power to construct such branches as they may see fit, not interfering with the chartered rights of any other incorporated Company now in existence, without the consent of such Company. Br'ch roads not to interfere with chr'd rights.

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27. Sec. VI. And be it further enacted, That all questions concerning the right of way between said Company and the owners of land through which said Road may run, shall be tried and determined according to the provisions of the fifteenth section of an Act approved December 4th, 1835, to amend an Act to incorporate the Central Railroad and Canal Company of Georgia, c. Questions of right of way' etc., how tried. 28. Sec. VII. And be it further enacted, That said Company, if it shall connect with the Atlantic and Gulf Railroad Company, at its eastern terminus, shall be entitled to all the privileges and immunities granted in the charter of said Atlantic and Gulf Company, to the Savannah, Albany and Gulf Company, and the Brunswick and Florida Railroad Company, upon their connection therewith. All laws militating against this Act be and the same are hereby repealed. Certain rig's etc. if it connects with the Atlantic and Gulf R. R. Co. Repealing clause. Approved December 17th, 1857. MUSCOGEE RAILROAD. Sec. 29. Connection of Muscogee Railroad with Opelika branch Railroad and Mobile and Girard Railroad. (No 49.) An Act to authorize the connection of the Muscogee Railroad with the [Illegible Text] Branclt Railroad and the Mobile and Girard Railroad, at Columbus. Whereas, It would promote the interest and convenience of the people of Georgia and Alabama, as well as the public generally, to connect the Muscogee Railroad with the Opelika Branch Railroad and Mobile and Girard Railroad, Preamble. Object. 29. Section. I. Be it enacted, That the President and Directors of said Roads shall have the power of connecting their said Roads by extending them through the city commons and streets of Columbus, with such side tracks, turn outs, and sheds, as may be necessary for the convenience of freights and passengers. Provided, they first obtain the consent of the people of the city of Columbus, upon such terms as may be agreed on, and shall be satisfactory to them. Muscogee R. R. may be con'ctd with Opelika Br. R. R. and Mobile and Gir'd R.R. at Columbus. Consent of the people of Columbus first to be obtained. Assented to December 21st, 1857.

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HIWASSEE RAILROAD COMPANY. Sec. 30. Route of road, name, powers, c. Sec. 31. Stock, shares, subscriptions Sec. 32. Books of subscription, terms of subscription, organization of Company. Sec. 33. Election of directors, votes. Sec. 34. President, by-laws, vacancies. Sec. 35. Powers c. Sec. 36. Lands may be taken, damages, how assessed, appeal. Sec. 37. Privileges and liabilities. Sec. 38. Other roads may connect with this, duration, c. Sec. 39. Injuries to road, officers, forfeiture, c. Sec. 40. Certificates, how transferred. Sec. 41. Repealing clause. (No. 50.) An Act to authorize the building, opening and constructing (of?) a railroad from some point in the county of Rabun, at or near the town of Clayton. connecting with the North-Eastern Railroad, or any other railroad that may be built through said county, running down the valley of the Little Hightower, in the county of Towns, and through the counties of Union and Fannin to the Tennessee or North Carolina line, in the direction of the Duck Town Copper Mines, and to grant corporate powers and privileges to the same, and for other purposes therein mentioned. WHEREAS, It is now probable that the North-Eastern Railroad Company will erect and construct the railroad contemplated by their charter, and open up a direct communication at Clayton, with the Atlantic ocean at Savannah or with the city of Augusta, and with the great valley of the Mississippi. Preamble. And, whereas the development of the mineral resources of the North-Eastern part of Georgia, Western North Carolina and the adjacent portions of East Tennessee, render it desirable, if not absolutely necessary, to afford additional facilities for the transportation of the rich and seemingly inexhaustible mineral resources of those regions and to afford additional facilities for the rapidly increasing commerce thereof: 30. Sec. I. Be it therefore enacted, That for the purpose of building, opening and counstructing a railroad from some point in the county of Rabun, at or near the town of Clayton, connecting with the North-Eastern Railroad, or any other railroad that may be built through said county, running down the valley of the Little Hightower in the county of Towns, and through the counties of Union and Fannin to the Tennessee or North Carolina line in the direction of the Duck Town Copper Mines, the subscribers for the capital stock hereinafter mentioned, and their assigns, shall be a body politic and corporate, by the name and style of the Hiwassee Railroad Company, and by said corporate name shall be capable in law, to purchase, accept, hold and convey real and personal estate; make contracts, sue and be sued, make by-laws for the government of said corporation, and to do all lawful acts properly incident to railroad corporations, and necessary and proper for the construction of the work, and transaction of the business for which said company

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is incorporated, and to have and to use a common seal, and the same to alter and destroy at pleasure. Route of road. Hiwassee R. R. Company incorporat'd. Powers, rights, etc. 31. Sec. II. And be it further enacted by the authority aforesaid, That the capital stock of said company shall be one million of dollars, divided into shares of one hundred dollars each, but shall be liable to be increased from time to time, and by such sum or sums as may be deemed expedient by the majority of the board of directors of said company, for the time being, provided, that said capital stock shall not be increased [Illegible Text] as to exceed in the whole, the sum of two millions of dollars, and the board of directors, for the time being, shall be authorized to prescribe the terms and conditions of subscription for such additional capital stock as may from time to time be required. Capit'l stock 81,000,000, shares $100. Cap. stock may be increased not to exceed $2,000,000. Sub's, how made. 32. Sec. III. And be it further enacted by the authority aforesaid, That for the original capital stock of one million of dollars, books of subseription shall be opened in the town of Clayton, in the county of Rabun, by the following commissioners, to-wit: James Blakely, H. W. Cannon, Wm. J. Ncvill, Alex. Morgan and James Quillian; and in the town of Hiwassee, in the county of Towns, by the following commissioners, to-wit: Morton L. Buroh, John W. Holmes, Josiah Carter, Elijah Kimzey and John Bryson; and in the town of Blairsville in the county of Union, by the following commissioners, to-wit: Johnson P. Welborn, Thos. M. Hughes, Simon Reid, Samuel Patterson, Elihu S. Barelay; and in the town of Morganton in the county of Fannin, by the following commissioners, to-wit: Jas Park, John B. Chastain, Jas. H. Morris, John B. Dickey and Jas, L. Rucker, which said commissioners are hereby authorized and made competent to do all acts incident to their said appointment, and if any of said commissioners shall refuse to act, others in their place shall be appointed by those who do act or (are?) willing to act. Said commissioners at the above named places, at any time after giving twenty days notice of the day and place, in two or more public places in their respective counties, shall open a book of subscription and receive from individuals and companies or corporations, subscriptions for any number of shares of said capital stock not exceeding two hundred shares to any individuals, company or corporation, banking companies excepted, and no subscriptions shall be received and allowed unless there shall be paid to the commissioners at the time of subscribing for the said stock, the sum of five dollars on each share subscribed, for which the commissioners shall give the subscriber a certificate, setting forth the number of shares taken by said subscriber, and amount per share paid in, and if, after ten days the shares are not taken, they may be subscribed for without limiting the number of shares, and said books of subscription shall remair open for sixty days or longer if necessary, at the discretion of the commissioners, and when closed on the last day, said commissioners shall certify and sign to its being a correct list of said subscription, and shall thereupon make out a general list, setting forth the names of the subscribers, the number of shares taken by each subscriber, and the amount ofmoney paid thereon; and if on summing up all the subscriptions, the same

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shall amount to the sum of five hundred thousand dollars, said company may be organized and go into operation thereon, and after the organization of said company, all future subscription of said stock shall be received by the board of directors of said company, and said commissioners shall at once proceed to measures as hereinafter provided for, for the organization of said company. Books of subscription, where opened and by whom. Vacaney. 20 days notice. No person to take more than 200 shares. $ on each share must be paid at time of making sub. Certificate. Aft'r 10 days No shares unlimited. Books to be open 60 days Gen. list of subs. and shares and of money paid, [Illegible Text] [Illegible Text] com. Co be organized. Future subscriptions to be received by board of directors. 33. Sec. IV. And be it further enacted by the authority aforesaid, That in order to the organization of said company, so soon as the amount of the subscription of stock shall equal or exceed the sum of five hundred thousand dollars, the said commissioners, or any two of them, shall give notice thereof in any public gazette, and in one or more public places in each of said counties, and advertise in such gazette and public places, a meeting of the stock-holders at Blairsville in the county of Union, on the day to be specified, at which time and place, the stockholders shall attend in person or by proxies duly constituted by writing, sealed and attested, and shall proceed to elect by ballot, seven directors of said company, and in the election of directors, all other matters of said company in which the votes of the stockholders have to be taken [Illegible Text] stockholder shall have a number of votes equal to the number of shares of which he is proprietor; at the time of voting at the election of the first board of directors, the said commissioners, or any two of them shall preside and conduct the election, and shall make a record of the proceedings in said election under their hands and seals, and shall deliver to each of the directors chosen, a certificate of his election. Notice of meeting of stockhold'rs. Election of directors. Votes equal No. shares. Com. to hold election. Certificate of election. 34. Sec. V. And be it further enacted, That the board of directors shall choose one of their own members as President of the board, whose term of office shall be one year, and the election of directors, shall be held annually, according to such by-laws as may be made for that purpose, and in case of a vacancy occurring in the board between the stated periods of election, the directors, or a majority of them, may elect, from among the stockholders, a person to fill such vacancy, and said directors may hold elections for officers, at any time, should the regular time pass without an election, on giving ten days notice thereof, and they shall elect a Treasurer and Secretary in the same manner, and to serve the same term of time as the President, and said Treasurer shall give bond and satisfactory security in any amount to be stipulated by the board of directors or a majority of them. President. Annual elections. Vacancy. Election at any time after 10 days. Bond of Tr. and Sec. 35. Sec. VI. And be it further enacted, That the said company shall have power to purchase and hold in fee-simple, to them and their successors, any lands, tenements or herditaments that they may find necessary for the site on and along which to locate and establish said road, and also to purchase and to hold any lands contiguous to or in the vicinity of said railroad that may be necessary in procuring materials for constructing and repairing said railroad, and such as may be necessary for the erection of depots, store-houses and other buildings and accommodations that may be useful and necessary for the business thereof, and also, all rights of way on lands,

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and all necessary privileges on water courses that may be on or across or near the route of said railroad, and the said company shall have power to conduct said railroad across any public road or highway that may be on the route or line of said railroad, so as not to injure or obstruct said public road or highway. May purchase lands. Rights of way. 36. Sec. VII. And be it further enacted, That in all cases where lands or rights of way cannot be had for want to agreement between the parties as to price or for other causes, the same may be taken at a valuation to be made by three commissioners, or a majority of them, to be appointed by the Inferior Court of the respective counties through which the road may pass. Provided, That a Justice of the Inferior Court, should be a stock-holder, then the commissioners shall be, one selected by the corporation, one by the party at issue, and the third by the Inferior Court of the county where the land lies, and the said commissioners, before they act, shall severally take an oath, before some magistrate of the county, faithfully and impartially to discharge the duties assigned them, and shall return their proceedings therein under their hands and seals to the Court whence the commission issued, there to remain of record, and the lands or rights of way shall vest in said company in fee-simple, upon payment or tender of the amount of valuation, and in case the said company or the owners of the land or right of way are dissatisfied, an appeal may be taken by either party to the Superior Court of the county where the land lies, and the award of damages traversed by a special jury, and their finding shall be final and conclusive between the parties. Com's when Jus. of [Illegible Text] Ct. is stock-holder. Oath. Their return. Right of way etc. to vest in comp. Appeal to Sup'r Court. 37. Sec. VIII. And be it further enacted, That said [Illegible Text] Railroad Company shall have the sole and exclusive right of transportation and conveyance of persons and produce, mercliandize, and all other things, over and along said railroad to be by them constructed, as long as they see fit to exercise said rights, and said company, in the exercise of said rights, shall be regarded as common carriers, and liable as such, and said company shall be authorized to fix by-laws, the charges and rates of transportation and carriage on said railroad, and the said company are authorized to make all by-laws and regulations touching said road and the business thereof, which may be deemed expedient. Provided, none are made repugnant to the Constitution and laws of this State. Privileges. Common carriers. Rates of transpo'tion. By-laws. 38. Sec. IX. And be it further enacted, That nothing in this Act contained, shall prevent any other railroad, under the authority of this State, crossing said railroad or connecting with said railroad. The corporate powers and privileges hereby granted shall continue, and be in full force for forty years after the completion of said railroad. Provided further, that said corporation shall permit any railroad now built or that may hereafter be built or constructed, to unite at any convenient point or points with said road; and will in no case hinder or prevent such union or connection, and will not discriminate against such road or roads, either as to freight or passengers, as to time or price, unless said railroad so uniting or connecting with said Hiwassee Railroad shall discriminate against said Hiwassee Railroad either as to passengers or freight, either as

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to time or price, and in all things, said corporation, and each of them shall unite and connect upon fair and equal terms. And provided further, that the President and a majority of the directors of said Hiwassee Railroad Company shall be citizens of this State and actual residents thereof. Other R. Rs. may cross or connect with this. 40 years duration. Other R. Rs. to connect with this on fair terms, Pres. and maj. of dir. to be cit. and res. of Ga. 39. Sec. X. And be it further enacted, That all trespasses and intrusions on said road of an injurious intent or tendency, shall be a misdemeanor, and on conviction in the Superior Court, shall be punishable by fine or imprisonment in the common jail of the county or both, at the discretion of the Court, and that the power of making by-laws appointing such officers and agents as the business of the company may require, and of entering into contracts in its behalf, and controlling, generally, the affairs of said company, and shall be authorized by the President and directors of said company, and they shall be authorized from time to time to call on the stockholders for the payment of such installment on the shares subscribed, as they may deem necessary and expedient for the prosecution and construction of the aforesaid railroad and the works therein contemplated, until the whole of the stock subscribed for is paid in, and the board of directors shall give ninety days notice in a public gazette by publication once a month, of the installment so required to be paid, and the time of payment, and on the failure of any stockholders to pay up any one installment so required, shall make a forfeiture of the share or shares on which said default is made, and of all just payments thereon, and the same shall vest in and belong to said company, and may be appropriated as said company may see fit to the purposes for which the company is chartered. Trespasses and intrusions on the road, misdemeanor. By-laws, Government appointm't of officers of comp, etc. To call for pay'mt of shares, etc. 90 days notice. Forfeiture on failure to pay. 40. Sec. XI. And be it further enacted, That said President and directors shall, so soon as may be convenient, after the organization of the company, issue to each subscriber, a script or certificate of the stock held by him, and of the amount paid thereon of said stock held by any person, shall be assignable and trausferrable in law, and the board of directors shall and may regulate the inode of issuing certificates, and making transfer of stock. Provided, no transfer of stock shall be binding on said company, unless the transfer is made and signed by the stockholder in person or by his legal representative, or by letter of attorney specially for that purpose, on a book or books to be kept for that purpose. And provided further, no transfer shall be valid or binding until any and all debts by such shareholder, to said company, shall be fully paid off and discharged. Certificate of stock. Transferable Transfer how signed. No transfer valid unless the shareholder has paid all debts due the com. 41. Sec. XII. (Repcals conflicting laws.) Approved December 21st, 1857.

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THE WILLS VALLEY RAILROAD COMPANY. Sec. 42. Sec. I. of Act 1851 repealed. Sec. 13. Repealing clause. (No. 51.) An Act to amend an Act entitled an Act to authorize the Wills Valley Railroad Company, incorporated by the Legislature of the State of Alabama, and any railroad company incorporated by the Legislature of the State of Alabama that may be associated with the Wills Valley Railroad Company, to construct a Railroad through the county of Dade to some point on the Nashville and Chattanooga Railroad, in said county of Dade and State of Georgia, and for other purposes therein specified. Also to incorporate a railroad or plank road company for the purpose of constructing a road from Augusta to a point on the Savannah River, opposite to the mouth of Stevins' Creek, or within ten miles thereof. 42. Section I. Be it enacted, That from and after the passage of this Act, that so much of the first Section of the above recited Act as requires the Wills Valley Railroad Company to form the connection at some point on the Nashville and Chattanooga Railroad, in said county of Dade and State of Georgia, assented to January 31st, eighteen hundred and fifty-four, be and the same is hereby repealed. Act of Jan. 31st, 1854, requiring the connect [Illegible Text] with the Nash, and Chat. to be in Dade corepealed. 43. SEC. II. (Repcals conflicting laws.) * * For Act, 1st Section of which is in part repealed by this Act, see Acts 1853'4, 464. APPROVED December 14th, 1857. THE GEORGIA AND ALABAMA RAILROAD COMPANY. Sec. 44. When to begin the road, capital stock, $1,000,000, may be increased. (No. 52.) An Act to amend an Act entitled an Act to incorporate the Georgia and Alabama Railroad Company, and to grant certain powers and privileges to the same, and for other purposes, approved 18 th day of February, 1854. * * For this Act see Acts of 1853-'4 p. 438. 44. Section I. Be it enacted, That said Georgia and Alabama Railroad Company shall be authorized to commence and go on with the construction of their road, whenever stock to the amount of one hundred thousand dollars shall be subscribed, and that said company be further authorized to increase their capital stock to one million of dollars, if, at any time, they shall deem the same necessary. Ga. and [Illegible Text] R. R. To commence to build road when $100,000 shall be subscribed. Cap. stock may be increased to $1,000,000 Assented to December 22d, 1857.

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ARTICLE II. STEAM NAVIGATION. No. 53. American Atlantic Screw Steamship Company. No. 54. Ocmulgee and Altamaha Steam Navigation Company. THE AMERICAN ATLANTIC SCREW STEAMSHIP COMPANY. Sec. 45. Corporators, name of corporation, Powers. Sec. 46. Directors. President Sec. 47. Powers of Directors. Sec. 48. Capital, ships, where placed, votes. Sec. 49. Bonds of officers, c. Sec. 50. Charter to continue 20 years, unless two-thirds of stockholders wish to discontinue it. (No. 53.) An Act to incorporate the American Atlantic Screw Steamship Company. 45. Section I. It is hereby enacted, That H. B. Cromwell, Henry Brigham, Daniel H. Baldwin and Richard R. Cuyler, and such persons as are or may be associated with them, their successors and assigns, shall be, and they are hereby created and made a body politic and corporate, by the name and style of The American Atlantic Screw Steamship Company, and by that name shall be able and capable to build, hold and enjoy two or more Screw Steamships, and to hold and enjoy such wharf or river lots of land in the city of Savannah as may be necessary or convenient for the transaction of their business, and to hold such personal property as may be desirable in the lading and unlading of their ships, and any or all such property, real or personal, to alien, sell and dispose of at pleasure, to plead and be impleaded, in all Courts, or before referees or arbitrators, to have and use a common seal, and generally to do and perform all such acts as may be required, or be found necessary in and about the transportation of goods, wares or merchandize, or produce, on such steamships, between the city of Savannah, in Georgia, and the city of New York, or such other port or place, or ports or places, as the said company may determine. Corporators. Am. At. Scr. Steamship co. incorporated. Powers, priv ileges, etc. Property. Suits. Seal. Ports, etc. 46. Sec. II. And it is further enacted, That the said H. B. Cromwell, Henry Brigham, Daniel H. Baldwin, and their associates, shall proceed forthwith to organize the said company, by the election of five persons, to be directors of said company, one of which five directors shall, by a majority of the votes of the five directors, be made President of the company. Organization 5 Directors. President. 47. Sec. III. It is further enacted, That when the said company is so organized, the Board of Directors, three of whom may always be a quorum to transact business, shall have power to make such by-laws, rules and regulations for elections of directors for the future, for the declarations of dividends, for the establishment of places of busines, for the appointment of officers and agents, and for defining their duties and for the general government of the officers of the said company, as may seem to them to be meet and proper.

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Provided such by-laws, rules and regulations be not repugnant to the laws of this State, or of the United States. Quorum. By-laws, etc. 48. Sec. IV. And it is further enacted, That for the present the capital of said company shall not exceed one hundred and fifty thousand dollars, which capital shall be divided into shares of one hundred dollars, each, and the capital may, at any future time, be increased; so as to amount to a sum not exceeding three hundred thousand dollars, divided into shares of one hundred dollars each. The steamships to be built under the authority of this charter, are to be placed and kept on the line of havigation between Savahuah, in Georgia, and the city and port of New York, without stopping at any port intermediate said places, except in cases of necessity, from stress of weather, from want of fuel or provisions, or any other cause. But it shall be in the power of the Board of Directors, at any time hereafter, to place said steamships, [Illegible Text] or permanently, in any other line of Atlantic steam navigation. In all questions to arise, and in all elections for directors, each stockholder shall have one vote for each share of stock. Present cap'l not more than $150000 Shares $100 each. Capital may be increased to $300,000. Steamships on what line placed. One vote for each share. 49, Sec. V. And be it further enacted. That the said company may take bonds from officers or agents for the faithful performance of the duties required of them, respectively, in such penalty and in such form as the Board of Directors may determine, or the by-laws of the company may prescribe. Bonds of offices, etc. 50. Sec. VI. And it is further enacted, That this charter shall extend, continue and last to the end of twenty years from the date of this law, unless the stockholders of the company, by a vote representing two-thirds of the stock of the company, shall determine to wind up the affairs of the company, and surrender the franchise hereby granted. Such surrender may be made to his Excellency, the Governor of this State. Charter to extend 20 years. Unless [Illegible Text] [Illegible Text]. Assented to December 19th, 1857. THE OCMULGEE AND ALTAMAHA STEAM NAVIGATION COMPANY. Sec. 51. Corporators, Name, Powers, rights, etc Sec. 52. Objects and Privileges. Sec. 53. Capital stock, $12,000may be increased to $50,000, shares $100 each. Sec. 54. Votesmay vote by proxy. Sec. 55. Liability of Stockholders. (No. 54.) An Act to incorporate the Ocmulg e and Altamaha Steam Navigation Company. 51. Section I. Be it enacted, That William Taylor, Henry Bigham, John J. Kelly, Daniel H. Baldwin, D. R. Mathewson, S. M. Manning, S. N. Papot, Thomas Holcombe and John R. Johnson, together with such other persons as may here [Illegible Text] be associated with them and their successors and assigns, be and the same are hereby made a body politic and corporate in law, by the name of

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the Ocmulgee and Altamaha Steam Navigation Company, and by that name shall be capable in law, to sue and be sued, plead and be impleaded, answer and be answered unto in any action, suit or proceeding in any Court of Law or Equity having jurisdiction thereof in the State, to make and use a common Seal, and the same to break, alter or renew at pleasure, to purchase and to hold real and personal estate as the lawful purposes of such corporation may require, and the same to will, mortgage, convey, or otherwise dispose of, as may be found needful in the business of said Company, and to appoint such officers as [and?] agents as may be necessary for the proper management of said Company, and to make and ordain such by-laws as are not incompatible with the laws and constitution of this State, or the United States. Ocmulgee Altamaha Steam Navigation Co. incorp'rat'd. Rights, powers, etc. By-laws. 52. Sec. II. And be it further enacted by the authority of the same, That said Ocmulgee and Altamaha Steam Navigation Company be, and they are hereby empowered and authorized to convey passengers, transport goods, wares and merchandise, tow vessels or boats, and assist vessels in distress, by steamboats, between the cities of Savannah and Macon, or on any navigable waters in the State of Georgia, or between said city of Savannah and any Atlantic Port, at the election from time to time of a majority of the Directors of said Company. Privileges. 53. Sec. III. And be it further enacted by the authority aforesaid, That the capital stock of said Company shall consist of one hundred and twenty shares, of the value of one hundred dollars each, amounting in the aggregate to twelve thousand dollars, with the privilege of increasing the same by a vote of two-thirds of the Directors, to five hundred shares, of the value of one hundred each, amounting in [the?] aggregate to fifty thousand dollars. Capital sto'k in the aggregate $12,000 with the power, by a two-thirds vote of the directors, to an aggregate of $50,000. 54. SEC. IV. And be it further enacted by the authority aforesaid, That at all elections or upon such matters as may be submitted to them by the Directors, each Stockholder shall be entitled to as many votes as he or she shall hold shares, one vote for each share, and any Stockholder absent from any meeting shall be entitled to vote by proxy. Each stockholder entitled to as many votes as he has shares, and may vote by proxy. 55. Sec. V. And be it further enacted by the authority aforesaid, That the Stockholders shall, in no event, be bound for the payment of a larger sum than the amount of stock held by them, and their private property shall be exempt from all liability on account of any claims against said Company exceeding the amount of its corporate assets. No st'kholder bound for greater sum than he has stock. Assented to December 15th, 1857.

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ARTICLE III. TELEGRAPH COMPANIES, c. THE VIGILANT HOSE COMPANY. THE MILLEDGEVILLE TELEGRAPH COMPANY. THE SPARTA TELEGRAPH COMPANY. THE WARRENTON TELEGRAPH COMPANY. THE YOUNG AMERICA FIRE COMPANY No. 3, OF THE CITY OF MACON Sec. 56. Corporators, name, powers, c. Sec. 57. By-laws, property. Sec. 58. Members exempt from certain duties, proviso. Sec. 59. Milledgeville Tel. Co., corporators, powers. rights, c. Sec. 60. Sparta Telegraph Company, corporators, powers, c. Sec. 61. Warrenton Telegraph Company, powers, rights, c. Sec. 62. Young Am. Fire Co., No. 3, provs. of Act 7th Feb., 1854, extended to. Sec. 63. Repealing clause. (No. 55.) An Act to incorporate the Vigilant Hose Company, the Milledgeville Telegraph Company, the Sparta Telegraph Company, the Warrenton Telegraph Company, and to extend certain privileges to Young America Fire Company, Number Three. 56. Section I. Be it enacted, That John Nelson, H. C. Goodrich, and E. F. Miller, and their associates and successors be, and the same are hereby incorporated and made a body politic by the name and style of The Vigilant Hose Company, and shall have power under their corporate name to sue and be sued, plead and be impleaded in any Court of Law and Equity in this State, and to have, exercise and enjoy all the powers herein granted, not repugnant to the constitution of the United States and of this State, or to the Act incorporating the city of Augusta. Corporators. The Vigilant Hose Company incorpor't'd. Powers, rights, etc. 57. Sec. II. Be it further enacted, That said Company shall have full power to make, establish, and ordain all such rules, by-laws, and ordinances, for their own government as to them may seem necessary and expedient; provided, such rules, by-laws and ordinances do not conflict with the powers previously granted to the city of Augusta, to organize a fire department, and the said Company shall have power and be capable of receiving and holding by purchase, gift, grant or otherwise, all such lands and tenements, or [Illegible Text] real or personal property, as may be necessary and convenient for the more effectual discharge of the duties of said Company. By-laws and ordinances. To purchase and hold lands. 58. Sec. III. And for the encouragement of said Company, Be it further enacted, That the members of said Company are hereby declared to be exempt from all services and performance of any militia or patrol duty, and from the performance of jury duty in all cases whatsoever. Provided, the said Company shall not exceed in number at any one time sixty white members. Privileges exemptions. Comp'y not to exceed in No. 60 white members. 59. Sec. IV. And be it further enacted, That R. M. Orme Son, Boughton, Nisbet Barnes, E. Waitzfelder Company, E. D. Brown, Fair Edwards, Daniel R. Tucker, Samuel G. White, S. R. A. McCombs, D. B. Stetson, Compton Callaway, Samuel T. Beecher, George L. Deming, John Treanor and Scott Caraker, or so many of the above named persons as may become Stockholders

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in the Company hereafter designated, together with such others not herein named, as may hereafter subscribe for stock in said Company, be, and the same are hereby constituted a body corporate by the name and style of the Milledgeville Telegraph Company, for the purpose of constructing, erecting and maintaining a Telegraphic line from the city of Macon to the city of Milledgeville, in this State, and from Milledgeville via. Sparta and Warrenton to Augusta, in this State, or any part of the Telegraphic line aforesaid, as a majority of the Stockholders may direct. The corporation hereby constituted shall have power to sue, and may be sued, to plead and be impleaded, to answer and be answered unto, to defend and be defended in any suit, action or proceeding in any Court of Law or Equity in this State, having competent jurisdiction; to make and use a common Seal, and the same to alter at pleasure; to purchase and hold such real and personal estate as the lawful purposes of the corporation may require, and the same to sell, convey and dispose of when no longer required; to elect the officers necessary for the government of said Company, and to appoint agents to conduct and carry on its business; and a majority of said Stockholders may make such rules and regulations for the government of the Company as they deem proper and expedient, and may at any time act on any matter touching the interest of said Company. Provided, said majority shall own more than one-half of the stock subscribed. Any three of the corporators herein named may open books of subscription for the purposes aforesaid, fixing the value of each share at an amount not exceeding one hundred dollars, and may call together the Stockholders for regular organization whenever, in their opinion, the amount of subscription will authorize. In the construction and erection of said Telegraphic line, or so much thereof as may be determined on, the aforesaid corporation shall have all the powers and privileges granted to the Madison and Gordon Magnetic Telegraph Company by an Act approved February 18th, 1854. Corporators. The Mill'geville Teleg. Comp'ny incorporated. Powers, rights, etc- Common Seal. To have property. Officers and agents. Rules and regulations. 3 corporators may open books of subscription. Sh'res not to exceed $100. Powers the same as Ma. and Gor. Mag. Tel. Co. has. 60. Sec. V. Be it further enacted, That T. H. Turner, Linton Stephens, E. H. Pendleton, B. [Illegible Text] Harris, T. J. Little and S. J. Smith, or so many of the above named as may become Stockholders, together with such persons not herein named as may subscribe for stock in the Company, hereinafter specified are hereby declared a body corporate by the name and style of the Sparta Telegraph Company, for the purpose of erecting and maintaining a telegraphic line from the city of Milledgeville to Sparta, in this State, with all the rights, powers and privileges hereinbefore granted to the Milledgeville Telegraph Company. Corporators. The Sparta Telegraph Co. incorp'rated. Same rights and powers as the Mil. Tel. Co. 61. Sec. VI. And be it further enacted, That Marshall J. Welborn, Jesse M. Roberts, John L. Buckhalter, George V. Neal, William B. Hundley, James M. Cody, Edward D. Pottle and Thomas Hundley, or so many of the aforenamed as may become Stockholders, together with such persons not herein named as may become Stockholders, are hereby declared to be a body corporate by the name and style of the Warrenton Telegraph Company, for the purpose of erecting and maintaining a Telegraphic line from Sparta to Warrenton, in this State, with all the rights, powers, privileges and

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liabilities herein granted to the Milledgeville Telegraph Company. Corporators. Warrenton Tel. Co. incorporated. Same rights and powers as the Mil. Tel. Co. has. 62. Sec. VII. Be it enacted, That the provisions of the Act of the Legislature of the State of Georgia, approved February 7th, 1854, * * See Acts 1853-4, p. 374. authorizing the organization of Protection Fire Company No. 1, and Ocmnlgee Fire Company No. 2, of the city of Macon, be, and is hereby ex'ended to Young America Fire Company No. 3, of the city of Macon, together with all the privileges, powers, and exemptions conferred by said Act. Act of 7th Feb'y, 1854, [Illegible Text] [Illegible Text] Young Am. Fire Co. No. 3, of the city of Macon. 63. Sec. VIII. (Repeals conflicting laws.) Approved December 17th, 1857. ART. IV. TURNPIKE COMPANIES. No. 57. Warwoman Turnpike Company. Nottey Turnpike Company. No. 58. The Skidaway Shell Road Company. THE WARWOMAN TURNPIKE COMPANY. THE NOTTEY TURNPIKE COMPANY. Sec. 61. Route, termini, commissioners. Sec. 65. Subscriptions in Clayton, receivers, shares $25 each. Sec. 66. Books, how [Illegible Text] kept open. Sec. 67. Name of Co., powers, rights. c. Sec. 68. Value of property taken, how determined. Sec. 69. Obstructing road, a misdemeanor, damages, how assessed, appeal. Sec. 70. Toll gates, rates of toll. Sec. 71. When to erect gates and charge toll. Sec. 72. Vacancies, how filled Sec. 73. Tolls, where paid, gates may be opened by commissioners, when. Sec. 74. Nottey Turnpike Co., powers and liabilities. Sec. Repealing clause. (No. 56.) An Act to lay out and construct a Turnpike R ad of [Illegible Text] width and grade, commencing [Illegible Text] or [Illegible Text] the Sandyford, on the Chattooga River, and running the most [Illegible Text] [Illegible Text] to Clayton, in [Illegible Text] county, and to extend the provisions of the same to the Nottey Turnpike Company. 64. Section I. Be it enacted, That a turnpike road of suitable width and grade shall be laid out and constructed, commencing at or near the Sandyford, on Chattooga river, and running thence the most practicable route to Clayton, in Rabun county. The width and grade of said road to be adjudged by the following persons: A. M. [Illegible Text], Wesley Pitchford, James Bleckley, Presley Page, Miles Wall and George Bedford. Turnpike road laid out and constructed. Route, termini, etc. 65. Sec. II. And be it further enacted, That books of subscription shall be opened at Clayton, by the following persons, to-wit: W. J. Neville, J. P. Bryan, J. M. Quillian and Thomas Kelly. The stock to be divided into shares of twenty-five dollars each. Books of subscripti'n, Shares $25 each. 66. Sec. III. And be it further enacted, That the books to be opened as aforesaid, such length of time as the commissioners aforesaid shall think proper, or until a sufficient amount of stock shall be taken, or subscribed for, to build said road. Time books are to be kept open. 67. Sec. IV. That all persons who shall become stockholders in said Company, their successors and assigns, shall be, and they are hereby created a body politic, by the name and style of the Warwoman

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Turnpike Company. And are hereby made capable in law of suing and being sued, of pleading and being impleaded, answering and being answered unto, defend and be defended in any of the Courts of Law or Equity in this State; to make and have a common Seal, to order, establish, and put in force, such by-laws and regulations as may be necessary for the government of said Company: provided such by-laws and regulations should not be repugnant to the laws of this State or the United States. Warwoman Turnpike Co. incorporated. Powers. Seal. By-laws. 68. Sec. V. And be it further enacted, That in all cases where land, timber, or other material necessary for the construction of said road, or repairs thereof, and the same cannot, for want of agreement between the parties, be purchased from the owner or owners thereof, the same may be taken at the valuation, to be fixed in the following order, viz: the corporation shall choose one person, the owner or owners one, and the Inferior Court of the aforesaid county one; and in case either party refuse to make a selection then the Inferior Court to select one for the parties. Timber, etc. for making the road. Disagreem't as to value of, how adjusted. 69. Sec. VI. And be it further enacted, That any person injuring the property, or putting obstructions on said road, shall be guilty of a misdemeanor, and on conviction, shall be fined at the discretion of the Court, and shall also be liable to an action for damage at the suit of the party aggrieved. And the arbitrators so chosen shall, before they enter on their duties, take and subscribe the following oath: I, A. B., do solemnly swear that I will a true verdict render, according to the circumstances of the case, now submitted to me, taking into consideration the benefit accruing to the owner of the property, by the construction of said road, as well as the damage done thereby; the award of whom shall operate as a judgment against the party cast, and the collection enforced by an execution, from the Inferior Court; provided either party shall have the right of appeal to be tried by a special Jury at the next Superior Court of the said county, whose verdict shall be final between the parties, provided the Company may abandon the right to the property within twenty days after the decision of the said special Jury, by filing a notice to that effect in the Clerk's office of the Superior Court, and paying all costs that have accrued in said case. Obstructing etc. the road a misdemeanor. Fine and damages. Oath of arbitrators. Award of arbitrators have force of judgment. Appeal. Company may ab'nd'n right of property, etc. 70. Sec. VII. And be it further enacted, That the said Company shall have power to erect one toll gate at or near each end of said road, or at such other place or places as a majority of said stockholders may determine, and charge and receive the following toll, to-wit: for each five or six horse, mule or ox team, one dollar; for each four horse, mule or ox wagon and team, seventy-five cents; for each two horse, mule or ox team, fifty cents; for each four wheeled pleasure carriage, fifty cents; for each two horse buggy, thirty-seven and a half cents; for each one horse buggy, twenty-five cents; for each man and horse, ten cents; for each loose horse, mule or jack, three cents; for each head of neat cattle, two cents; for each head of sheep, hogs, or goats, two cents; for each one horse wagon or cart, thirty-seven and a half cents; and provided, that the citizens of Rabun county, and all ministers of the Gospel, shall pass toll free. Toll gates. Rates of toll. Citizens of Rabun co. and Minist's of the gospel to go free of toll.

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71. Sec. VIII. And provided: Said Company shall not put up said gates, nor charge toll, until they have obtained a certificate from said commissioners, or their successors in office, that the said road is finished according to the true intent and meaning of this Act. No toll until the comm's [Illegible Text] the [Illegible Text] to [Illegible Text] completed. 72. Sec. IX. And be it further enacted, That should any of said commissioners refuse or neglect to act, those who choose to act may fill all such vacancies in their body from time to time. Vacancy. 73. Sec. X. And be it further enacted, That all tolls shall be paid at the first gate, at which gate the party paying the toll shall receive a ticket from the gate keeper, to pass through the other gate toll free; and provided, that if at any time the said road is not in good condition in the opinion of said commissioners, they are hereby authorized to appoint some fit and proper person to open said gate or gates until said road is put in good repairs, and shall pay the said persons so opening said gate or gates a reasonable compensation for his services, to be collected out of the said commissioners in any Court having jurisdiction thereof. All toll to be paid at first gate and a certificate given. Road being out of fix comm's may have the gates opened. 74. Sec. XI. And be it further enacted, That James Morris, John Butt and F. S. Smith be, and they are hereby made a body corporate and politic, by the name of the Nottey Turnpike Company, and they and their associates and assigns shall have the power to lay out and make a turnpike road from the North Carolina line near the Mayforks, to Morganton, and shall have all the powers and privileges contained in this Bill, and be subject to like restrictions and liabilities. Corporators. Nottey Turnpike Company incorpor't'd. Powers and privileges, etc. 75. Sec. XII. (Repeals conflicting laws.) Assented to December 22d, 1857. THE SKIDAWAY SHELL ROAD COMPANY. Sec. 76. Corporators, name, route and termini, powers, seal, c. Sec. 77. Stock, subscriptions, shares, c. Sec. 78. Each share $100, transferable, votes, book of subscriptions. Sec. 79. When organized, Directors, President, when chosen, by-laws, c. Sec. 80. Privilege, route and termini. Sec. 81. Acquisitions to vest in stockholders, how. Sec. 82. Injuries to road, damages, indictment and punishment. Sec. 83. Tolls, toll gates. Sec. 84. Liability of stockholders. Sec. 85. Repealing clause. (No. 57.) An Act to incorporate the Skidaway Shell Road Company, and for other purposes therein named. 76. Section I. Be it enacted, That A. N. Miller, W. R. Simms, T. A. Goodwin, Wm. A. Wiltberger, Julian Hartridge, C. Vauhom, R. F. Akins, John S. Montmollin, John E. Ward, or a majority of them, their successors and assigns, are hereby declared and constituted a body corporate by the name and style of the Skidaway Shell Road Company, for the purpose of constructing a shell road from the city of Savannah, in Chatham county, on or over the Skidaway road, or highway leading from the city of Savannah to the Isle of

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Hope, or by diverging therefrom; said road to commence at the south-eastern limits of the said eity of Savannah, and to extend to the eighth mile post on said Skidaway Road or highway, as the said company may find expedient and necessary. The longitudinal bearings and the shell to be laid upon the bed of said Skidaway road or highway; 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 of the 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 and convey the same. Provided, that before this charter shall go into effect and have operation, so far as to lay the said Shell Road on and over the bed of the said Skidaway road or highway, the said company shall first obtain the assent and approval of the Inferior Court of Cha ham county and of the Commissioners of Roads of said county. Corporators Skidaway Shellroad C [Illegible Text] Route and termini. Powers. Soal. May hold property real and personal Consent of [Illegible Text] C't and com'rs of Chatham co. to be first obtained. 77. Sec. II. And be it further enacted, That the capital stock of said company shall not exceed fifty thousand dollars, ($50,000) and that the subscriptions to the same shall be regulated by the persons hereinbefore 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 the time or times when the remaining 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 do all things necessary to ensure the prompt payment of the several installments of stock, when required. Provided, that such regulations, when adopted, shall be general, and operate on all subscribers alike. Cap'l stock not to exceed $50,000. Subscript'ns shares, c. Forfeitures. Regulations to be general. 78. Sec. III. 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 all questions arising at business meetings, each stockholder shall be entitled to one vote for each share he may own. Provided, that the subscriptions for 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. Shares $100 each, how transferred. Votes, 1 for each share. Book of shares open to inspection 79. Sec. IV. And be it further enacted, That said company shall not be considered as organized until stock to the amount of ten thousand dollars shall be subscribed; after which the stockholders shall elect five or more directors 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 fit and needful, touching the management of the road

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to be constructed, and effects of the corporation, and all such matters as shall appertain to the same, not inconsistent with the Censtitution and laws of the State of [Illegible Text], and they shall have power to employ such officers, agents and laborers as they [Illegible Text] deem necessary for the transaction of the business of the corporation, and to displace, remove and discharge such officers, agents or servants at pleasure. Com'y when may organize. Direct'rs and President. When chosen. Quorum. By-laws. Officers, agents, c. 80. Sec. V. And be it further enacted, That it shall and may be lawful for said corporation to construct and make a Shell Road from the city of Savannah, commencing at the south-eastern limits of the said city, to the eighth mile post, or some intermediate point, as they may decide on, and over the bed of the Skidaway road or highway, leading from said city to the Isle of Hope, or diverging therefrom, upon obtaining the consent of the Inferior Court of Chatham county, and of the Board of Commissioners of Public Roads for said county. Privilege. 81. Sec. VI. 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 stockholders, their heirs, legal representatives or assigns forever, in proportion to their respective shares. Acquisitions to vest in stockholders 82. Sec. VII. And be it further enacted, That in case any person shall willfully injure [Illegible Text] obstruct the said road, where by said company shall sustain any loss, he shall forfeit and pay to said company the amount of all damages which they may sustain in consequence thereof, to be sued for and recovered by action in any Court having jurisdiction thereof, in the same manner as is proviled by law for individuals in like cases, and shall be further subject to indictment, and upon conviction, to be punished by fine or imprisonment, or both, at the discretion of the Court. Injuries to road. Damages for Indictment and punishment. 83. Sec. VIII. And be it further enacted, That the said company are invested with the right and power of exacting and demanding such tolls for persons or property passing over and upon said road, as they may require, and from time to time fix and establish. That for the purpose of collecting said tolls said company shall have power to erect such number of toll gates upon said road, and at such places as they may deem and judge best and most convenient. Tolls. Tell gates. 84. Sec. IX. And be it further enacted, That the stockholders of said company [Illegible Text] be made liable for the debts of said company to the amount of stock by them [Illegible Text] taken or owned, but for no greater amount. Liability of stockholders 85. Sec. X. (Repeals conflicting laws.) Assented to December 22d, 1857.

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ARTICLE V. CANAL COMPANIES. THE SATILLA CANAL COMPANY. THE ST MARYS CANAL COMPANY. THE TURTLE RIVER AND ALTAMAHA CANAL COMPANY. Sec. 86. Corporators, name, powers. Sec. 87. Object, right of way. Sec. 88. Toll, lien for, how enforced. Sec. 89. Capital Stock, shares, privilege. Sec. 90. Bridges, backed water, damages for. Sec. 91. Board of Directors, c., election of, votes, one for each share. Sec. 92. By-laws. Sec. 93. May mortgage, lease c., property, c., for certain purposes. Sec. 94. Injury to canal, c., a misdemeanor, punishment. Sec. 95. St. Marys Canal Company, corporators, powers, c. Sec. 96. Turtle River and Altamaha Canal Company, powers, rights, c. Sec. 97. Repealing clause. (No. 58.) An Act to incorporate the Satilla Canal Company, the St. Marys Canal Company, and the Turtle River and Altamaha Canal Company, and to grant certain privileges therein named. 86. Sec. I. Be it enacted, That Edmond Atkinson, Thomas D. Harrison, Henry C. King, D. M. Dunwoody, B. N. Brown and George Morrison, and their associates and successors in office, be and they are hereby created a body politic and corporate, by the name of the Satilla Canal Company, and by that name they and their successors and assigns shall and may continue such body politic and corporate, and as such may sue and be sued, answer and be answered unto, defend and be defended in all Courts of the State of Georgia, or any place whatsoever, having competent jurisdiction over any matter, dispute or transaction, touching the business affairs or property of said company. Corporators. The Satilla Canal Co. incorporated Gen, powers 87. Sec. II. That the said company shall have the right, power and authority to own, build, construct and maintain a canal of such dimensions as it shall deem suitable, between some point on the Great Satilla River, near the town of Jeffersonton, and Gowrie Plantation, at the head of little Satilla River, in the county of Camden, State of Georgia, and they shall have the right, [Illegible Text] and authority to acquire, by purchase, and hold for their own use and purposes, all rights of way or any other rights, property or franchises, necessary in carrying out the purposes of this charter. Object. May acquire rights of way etc. 88. Sec. III. And be it further enacted, That said company shall have full power to demand, receive and collect, by way of freight, such rates of toll as they from time to time shall deem just, on all goods, wares, merchandize and produce, all lumber, logs, ranging timber, all rafts of every description, all steamboats, boats and vessels of every kind, and on all other things, kind or description of property that shall be carried or transported over, conveyed or passed through, or in any way use or employ said canal or any part thereof, and for all such tolls or freight they shall have a lien on such

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property, and shall have the right to sell and dispose of the same at public auction, to satisfy the amount of such toll or freight, whenever the same shall remain unpaid for the space of thirty days. Toll, etc. Lien for toll. How enforced. 89. Sec. IV. The capital of said company shall be one hundred thousand dollars, divided into shares of one hundred dollars each, with power to increase the same to two hundred thousand dollars, if the company shall deem such increase necessary to enable them fully and perfectly to complete and equip such canal, and no canal shall be permitted hereafter to be cut, made or constructed between the points aforesaid, within ten miles of said canal, on either side, without the consent of said company. Cap'l $100,000. [Illegible Text] $100 each. Cap'l may be increased to $200,000. Exclusive right. 90. Sec. V. And be it further enacted, That the said company shall build good and substantial bridges across said canal, whenever it may be crossed by a public or private road, and said canal shall be opened deep and wide enough to drain off all water, so as not to allow it to back on any of the lands of private individuals, and should any individual be injured by the backing of the waters of said canal, he shall have a right of action for damages against said company, in any Court of Law or Equity in this State, to be tried in the Superior Court of said county of Camden, and said company shall be liable for such damages as the said Court and jury may assess. Bridges across canal. Water not to back on lands of individuals. Lands injured by back'd water Company liable for damages. 91. Sec. VI. And be it further enacted, That the business, property, and affairs of said company shall be managed by a Board of Directors, who shall be citizens of this State, consisting of five persons, all of whom shall be stockholders of this company, and one of whom shall be by the Board elected President of said company, and that the corporators herein named, shall be the first directors of said company, and shall hold their offices until the first day of January, 1859, that the first election for directors of said company shall be held on the said first day of January, 1859, and thereafter annually, on the first day of January, in each year; that the directors chosen at such elections shall hold their offices for one year, or until their successors are chosen; but said company shall not loose or be deprived of any of its corporate rights, powers or franchises, by reason of any failure to hold an election as above required; that at such election each stockholder shall be entitled to vote, to be cast by himself or his attorney or proxy, for each share of stock held by him. Board of Directors 5 citizens and stockholders. President. Election of Directors 1st Jan. each y'r One vote for each share. 92. Sec. VII. And be it further enacted, That the directors of said company shall have power to make, from time to time, all such by-laws as they may deem necessary for the management, disposition and control of the stock, property, business and affairs of said company, and for the government of their officers, agents, employees and servants, not inconsistent with the laws of this State and the United States. By-laws. 93. Sec. VIII. And be it further enacted, That the said company shall, from time to time, be authorized to mortgage, [Illegible Text] or lease their canal property or corporate rights and franchises, to obtain money to purchase, build, construct or maintain their works,

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or to secure the payment of money obtained or agreed by them to be paid for any of these purposes. May mort'ge lease, etc., the canal etc. 94. Sec. IX. And be it further enacted, That if any person or persons shall willfully or maliciously damage, injure or obstruct said canal or any of its appurtenances, such person shall be guilty of a misdemeanor, and shall, on conviction, be punished by fine or imprisonment, at the discretion of the Court. To injure or obstruct the canal, a misdemeanor, punishment fine or imprisonment. 95. SEC. X. And be it further enacted, That George Fort, Henry R. Fort, E. R. Albertie, Stephen McCall and John M. King, and their associates, be, and they are hereby incorporated, under the name and style of the St. Marys Canal Company, for the purpose of laying out and constructing a canal from some point near Cole Rain, on the St. Marys River, in Camden county, to the Great Satilla River, near Gorman's Bluff, with all powers, privileges, limitations and immunities of this Act, wherever applicable. Corporators. St. Marys Canal Co. incorporated. Powe.s, etc. 96. SEC. XI. And be it further enacted, That John M. Tison, Arthur E. Coehran and Thurston R. Bloom, and their associates or assigns, be and they are incorporated a body politic, under the name and style of the Turtle River and Altamaha Canal Company, for the purpose of laying out and constructing a canal from any point on Turtle River between the mouth of Great Buffalo Creek and the city of Brunswick, to any point on the Altamaha River, between Carterett's Point and Clark's Bluff, in the county of Glynn, with all the rights, powers, privileges and immunities whatsoever, herein granted to the Satilla Canal Company, by this Act, wherever the same may be applicable. Corporators. Turtle River and Altamaha Canal Co. incorporated Some powers. etc., as the Satilla Canal Co. 97. SEC. XII. (Repeals conflicting laws.) ASSENTED to December 22d, 1857.

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TITLE XVII. JUDICIARY. ART. I. SUPREME COURT. ART II. SUPERIOR AND INFERIOR COURTS. DIV. I. SESSIONS AND ADJOURNMENTS. DIV. II. JUDGES OF THE SUPERIOR, AND JUSTICES OF THE INFERIOR COURTS. DIV. III. ACTION. SUBDIV. 1. PROCESS. SUBDIV. 2. BALL IN CIVIL CASES. SUBDIV. 3. EXECUTIONS. DIV. IV. CERTIORARI. DIV. V. EQUITY PRACTICE. DIV. VI. JURIES. DIV. VII. SURETIES AND ENDORSERS. ART. III. COURTS OF SPECIAL JURISDICTION. DIV. I. CRIMINAL COURT OF ATLANTA. DIV. II. CRIMINAL COURTS OF COLUMBUS AND ROME. DIV. III. CRIMINAL COURT OF MACON. DIV. IV. CITY COURT OF SAVANNAH. ARTICLE I, SUPREME COURT. Sec. 1. Clerk's fees in Criminal Pauper casesGovernor to draw warrant for Statement by Clerk to Governor, of each case. (No. 59.) An Act to pay the Clerk the cost due him in criminal pauper cases returned to the Supreme Court of this State, and to explain the 17 th section of an Act approved 10 th December, 1845, * * See for this Act Sect 17, Cobb's New Dig., p. 453. organizing the Supreme Court of the State of Georgia. WHEREAS by the 17th section of an Act approved 10th December, 1845, organizing the Supreme Court of the State of Georgia, it was not intended thereby to deprive the Clerk of said Court, of his costs in criminal pauper cases returned to said Court: Therefore, Preamble. 1. Sec. I. Be it enacted by this General Assembly, That his Excellency, the Governor, be and he is hereby authorized to draw his warrant upon any money in the Treasury not otherwise appropriated, in favor of the Clerk of the Supreme Court, for all legal cost due him in each and all criminal pauper cases returned to said Court. It shall be the duty of said Clerk, to submit to his Excellency, the Governor, a fair statement of each case, showing the nature of the crime charged, and the county from whence it came, returned under the seal of said Court, before receiving compensation. Gov. to draw war. in fa'vr of Cl'k of Supreme [Illegible Text] for certain costs. Must make statement of each case. Approved December 15th, 1857.

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ARTICLE II, SUPERIOR AND INFERIOR COURTS. DIV. I. SESSIONS AND ADJOURNMENTS. DIV. II. JUDGES OF THE SUPERIOR AND JUSTICES OF THE INFERIOR COURTS. DIV. III. ACTION. SUBDIV. I. PROCESS. SUBDIV. II. BAIL IN CIVIL CASES. SUBDIV. III. EXECUTIONS. DIV. IV. CERTIORARI. DIV. V. EQUITY PRACTICE. DIV. VI JURIES. DIV. VII. SURETIES AND ENDORSERS. DIV. I. SESSIONS AND ADJOURNMENTS. Sec. 2. Courts in Blue Ridge Circuit. Sec. 3. Supr. and Inf'r Cts, in Milton co. Sec. 4. Suitors c., bound to appear at the Courts as changed. Sec. 5. Writs c., how returnable. Sec. 6. Superior Courts of Twiggs county. Sec. 7. Repealing clause. Sec. 8. Courts in Cherokee Circuit. Sec. 9. Two weeks Courts in Gordon and Catoosa cos, Jurors. Sec. 10, Justices of Inferior C'ts to draw Juries for 2d weeks. Sec. 11. Repealing clause. Sec. 12. Courts in Pataula Circuit. Repealing clause. Sec. 13. Courts in Brunswick Circuit. Jurors in Glynn to stand over. Sec. 14. Suits c., how returnable. Intervening Courts to stand over. Sec. 15. Sup'r Cts in Middle Circuit. Proceeding, c, how returnable. Sec. 16. Inf'r Cts of Thomas, Dade and Terrell counties. Sec. 17. Witnesses c. to attend Courts as changed. Sec. 18. Repealing clause. Sec. 19. Sup'r and Inf'r Cts of Butts co. Sec. 20. Writs c, returnable to the Courts as changed. Sec. 21. Repealing clause. Sec. 22. Lee Sup'r Cts, adjournm't legaliz'd Sec. 23. Repealing clause. Sec. 24. Sup'r Courts of Clarke, Walton Twiggs and Muscogee. Sec. 25. Continuance of cases. Sec. 26. Spring Term of Sup'r Ct. of Gwinnett, two weeks session. Sec. 27. Suitors c., to attend Court as changed. Sec. 28. Sup'r Courts of Fayette. Sec. 29. Repealing clause. Sec. 30. Sup'r and Inf'r Cts. of Hancock. Sec. 31. Sup'r Ct. of Warren not to hold two weeks. Sec. 32. Court of Ordinary of Tattnall co. Sec. 33. Repealing clause. Sec. 34. Inferior Courts of Taylor. Sec. 35. Inferior Courts of Stewart co. Sec. 36. Repealing clause. (No. 60.) An Act to arrange and fix the times of holding the Superior Courts in the several counties of the Blue Ridge Circuit, and the county of Twiggs, in the Macon Circuit. 2. Sec. I. Be it enacted, That from and after the passage of this Act, the times of holding the Superior Courts of the several counties of the Blue Ridge Circuit in this state, shall be held as follows: Terms of Sup'r Cts in Blue Ridge circuit. In the county of Lumpkin, on the 1st Monday in February and August in each and every year; in the county of Dawson, * * For Act establishing the new county of Dawson, see No. 19, by the 7th section of which the Superior Courts of that county were to be held on the 3d Mondays in March and September, and the Inferior Courts on the 1st Mondays in June and December. That Act was approved December 3d, 1857, and consequently is modified by this on the second Monday in February and August in each and every year; in the county of Forsyth, on the third Monday in February and August, in each and every year; in the county of Paulding, on the fourth Monday in February and August, in each and every year;

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in the county of Cherokee, on the first Monday in March and September, in each and every year; in the county of Pickens, on the second Monday in March and September, in each and every year; in the county of Cobb, on the third Monday in March and September, in each and every year, and to be held for two weeks if the business require it, in the manner, and under the rules and regulations now prescribed by law; in the county of Gilmer, on the first Monday in May and October, in each and every year; in the county of Fannin, on the second Monday in May and October, in each and every year; in the county of Union, on the third Monday in May and October, in each and every year; in the county of Towns, on the fourth Monday in May and October, in each and every year. Lumpkin, Dawson. Forsyth. Paulding. Cherokee. Pickens. Cobb. Two weeks may hold. Gilmer. Fannin. Union. Towns. 3. Sec. II. Be it further enacted, That the Superior Courts shall be held in the county of Milton, * * By 7th section of the Act creating Milton county, the Superior Courts were to be held on the 4th Mondays of April and October, the Inferior Courts on the 4th Mondays in January and July. See for that Act, Title IX, Counties. That Act was assented to December 18th, 1857, so this governs as to the time of holding Courts therein. on the first Monday in June and November, in each and every year; and the Inferior Courts shall be held on the first Monday in September and February, in each and every year. Courts in Milton, when held. 4. Sec. III. And be it further enacted by the authority aforesaid, That all persons subp[oelig]naed, summoned or bound as witnesses, suitors, Jurors, or in any other capacity whatever, to attend said Courts at the time prescribed by the law now in force for said county to be holden, shall, and they are hereby required and bound by virtue of said summons, subp[oelig]na, bond or other process, to attend said Courts at the times specified by this Act. Parties, witnesses, etc., to attend Cts as altered. 5. Sec. IV. And be it further enacted by the authority of the same, That all bills, writs, precepts and processes, and other proceedings whatsoever heretofore or hereafter issued and returnable to the times of said Courts as now fixed by law, shall be considered and held as returnable to the times of said Superior Courts, as fixed and regulated by this Act. Writs, etc., considered returned to Courts as changed. 6. Sec. V. And be it further enacted by the authority aforesaid, That the time of holding the Superior Court in the county of Twiggs, See similar provisions as to Superior Courts of Clarke, Walton and Muscogee counties, section 24 of this Title. Macon Circuit, be so changed as to be held on the fourth Mondays in March and September, in each and every year. Courts in Twiggs co. 7. Sec. VI. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 61.) An Act to regulate and define the time of holding the Superior Courts of several counties of the Cherokee Circuit; to authorize the Judge of the said Superior Courts to hold two weeks courts in certain counties, and to authorize the drawing and summoning of two panels of grand and petit jurors for certain counties. 8. Section I. The General Assembly of the State of Georgia do

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enact, That the Superior Courts of the counties of the Cherokee Circuit hereinafter named, shall be held as follows, to-wit: In the county of Gordon, on the first and second Mondays of April and October, of each year. In the county of Murray, on the third Mondays of April and October, of each year. In the county of Whitfield, on the fourth Mondays of April and the first Mondays of May, and the fourth Mondays of October and the first Mondays of November, of each year. In the county of Catoosa, on the second and third Mondays of May and November, of each and every year. In the county of Walker, on the fourth Mondays in May and November, of each year. In the county of Dade, on the first Mondays of June and December, of each year hereafter. Sitting of Superior Cts in Cherokee Circuit. 9. Sec. II. Be it further enacted, That the Judge of the Superior Court of said Circuit be, and he is hereby authorized and required to hold two weeks Courts in the counties of Gordon and Cotoosa, at such times as are hereinbefore specified, and to draw two panels of grand and petit Jurors to serve at each Term of the Superior Courts of the counties of Gordon and Catoosa. The first panels drawn shall be summoned to, and serve during the first weeks of said Courts respectively, and the second panels for the second weeks of said Courts respectively. 2 weeks [Illegible Text] in Gordon and Catoosa. 2 panels of gr. and petit Jurors for each of said counties. 10. Sec. III. Be it further enacted, That a majority of the Justices of the Inferior Courts of the counties of Catoosa and Gordon be, and they are hereby authorized and required to draw a panel of grand and petit Jurors, and have the same summoned, for the counties of Gordon and Catoosa respectively, to serve the second week of the next Term of the Superior Court for said counties. Justices of infer. court to draw 2d panel for 2d week of next court. Repealing clause. 11. Sec. IV. All Laws to the contrary are hereby repealed. Approved December 16th, 1857. (No. 62.) An Act to change the times of holding the Superior Courts of the Pataula Circuit. 12. Section I. Be it enacted, That from and after the first day of January next, the times of holding the Superior Courts in the Pataula Circuit be as follows: In the county of Chattahoochee, on the fourth Monday in February and August. In the county of Webster, on the first and second Mondays in March and September. In the county of Terrell, on the third Monday in March and September. In the county of Clay, on the fourth Monday in March and September. In the county of Early, on the first Monday in April and October. In the county of Miller, on the second Monday in April and October. In the county of [Illegible Text] on the third and fourth Monday in April and October. In the county of Randolph, on the first and second Monday in May and November. All laws, and parts of laws, militating against this Act be, and the same are hereby repealed. Sitting of Supr. Ct's of Pataula Circuit. Repealing clause. Assented to December 21st, 1857.

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(No. 63.) An Act to change the times of holding the Superior Courts of the Brunswick Circuit. 13. Section I. Be it enacted, That from and after the passage of this Act, the Superior Courts of the county of Appling shall be held on the first Mondays of March and September, of each and every year. Of Coffee, on the second Mondays of March and September. Of Ware, on the third Mondays of March and September. Of Clinch, on the fourth Mondays of March and September. The county of Charlton, on the second Mondays of April and October. Of Camden, on the third Mondays of April and October. Of Wayne, on the Fridays before the second Monday in February and July. Of the county of Glynn, on the second and third Mondays of February and July, in each and every year, and that the Jurors drawn and summoned to the December Term of said Glynn Court, for 1857, stand over to the February Term, 1858. Times of holding Sup. Courts in Brunswick Circuit. Juries for Dec'r Term stand over to Feb'y Term. 14. Sec. II. And be it further enacted, That all suits and other processes brought, or to be brought, to the existing Terms of the Court, shall be returnable, and have day in the terms as established by this Act, and that all the Courts which would intervene between the passage of this Act and the time specified for the next term in this Act do stand over to the time prescribed herein. All suits etc. to be returnable to, and all Courts to stand over to the times established by this Act. Approved November 24th, 1857. (No. 64.) An Act to change the time of holding the Superior and Inferior Courts of the counties herein named. 15. Sec. I. Be it enacted, That from and after the passage of this Act, the Superior Courts of the following counties shall be held on the days hereafter mentioned, instead of the time now specified by law: That the county of Columbia, be held on the first Monday in March and September; the county of Washington, on the second Monday in March and September; the county of Emmanuel, on the fourth Monday in March and September; the county of Scriven, on the second Monday in April and October; the county of Burke, on the third Monday in April and October; the county of Richmond, on the first Monday in May and November; the county of Jefferson, on the first Monday in June and December, that all matters, proceedings and business, pending or returnable to any of said Courts, be cognizable at the times as specified. Times of holding Cts in several counties. Columbia county. Washington county. Emmanuel county. Scriven co. Burke co. Richmond county. Jefferson co. Business to stand over accordingly. 16. Sec. II. And be it further enacted, That the Inferior Courts of Thomas county shall be hereafter held on the fourth Monday in February and August; that the Inferior Court of Dade county shall be held on the second Monday in June and December; that the Inferior Court of the county of Terrell, be held on the fourth Monday in May and November. Times of Inf'r Cts changed. Thomas. Dade. Terrell.

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17. Sec. III. And be it further enacted, That all persons subp[oelig]naed or bound as suitors, witnesses or in any other capacity, to attend said Inferior Courts at the time which by law now in force they are holden, and shall be bound by said bond, summons, subp[oelig]na or other process heretofore issued, to attend said Court at the time prescribed in this Act. Parties, witnesses c. must appear at Inf'r Cts as altered. 18. Sec. IV. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 65.) An Act to change the times of holding the Superior and Inferior Courts of the county of Butts. 19. Sec. I. Be it enacted, That from and after the passage of this Act, the Superior Courts of Butts county shall be held, commencing on the second Mondays in March and September; and the Inferior Courts of said county, on the second Mondays in January and July. Sup'r Cts of Butts co. to be held on 2d Mondays in March and Sep. Inf'r Cts of said co. on 2d Mondays in Jan. and July. 20. Sec. II. And all writs, precepts, processes, summonses, subp[oelig]nas and recognizances returnable to each of said Courts as heretofore prescribed by law, shall be returnable to the terms of said Courts as altered and changed by this Act. Writs, etc, returnable accordingly. 21. Sec. III. (Repeals conflicting laws.) Approved December 4th, 1857. (No. 66.) An Act to legalize the adjournment of Lee Superior Court. 22. Sec. I. Be it enacted, That the adjournment of Lee Superior Court to the second Monday in January, 1858, be and the same is hereby declared legal and valid, and that all business which may be introduced at the said adjourned term, shall have the same force and validity as if done at the regular term of said Court. Adjourn'mt of Lee Sup'r Ct, to 2d Monday in Jan'y 1858 legalized. And all business introduced made valid. 23. Sec, II. (Repeals conflicting laws.) Assented to December 15th, 1857. (No. 67.) An Act to change the times of holding the Superior Courts of the counties of Clarke, Walton, Twiggs and Muscogee. 24. Sec. I. The General Assembly do enact, That the times of holding the Superior Courts of the county of Clarke shall, from and after the first day of January 1859, be the first Monday in February, and the second Monday in August; and the times of holding Superior Courts of the county of Walton, shall, from and after the first day of January 1859, be the second and third Mondays in February, and the third Monday in August of each and every year; and the

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Superior Courts for the county of Twiggs, * * See similar provisions as to Superior Courts of Twiggs county, sec. 6, of this title. shall, from and after the first day of January 1858, be held on the fourth Mondays in March and September, in each and every year; and the times of holding the Superior Court of the county of Muscogee, be changed from the first Mondays in May and November, to the second Mondays in the same months. Sup'r Cts in certain cos. after Jan'y 1st, 1859. Clarke co. Walton co. Twiggs co. after Jan'y 1st 1858. Muscogee county. 25. Sec. II. When any party in either of said Courts, shall show that by reason of the recent passage of this Act, he is less prepared for trial than he otherwise would be, the presiding Judge may, in his discretion, grant a continuance. And all laws against this Act are hereby repealed. Contin'ance Assented to December 22d, 1857. (No. 68.) An Act to empower the Judges of the Superior Court of the Western Circuit, to hold the Spring Term of the Superior Court for Gwinnett county, two weeks in certain cases, and change the time of holding the Spring Term of said Court, also the Superior Courts of Fayette county. 26. Sec. I. Be it enacted, That from and after the passage of this Act, the time of holding the Spring Term of the Superior Court for the county of Gwinnett, shall be on the first Monday in March, and that the said Court shall continue for two weeks. Sup'r Ct of Gwinnett co. com. on 1st Monday in March and hold two weeks. 27. Sec. II. And be it further enacted, That all persons, witnesses, suitors, jurors, or in any other capacity, summoned to attend said Superior Court, shall attend said Spring Term as now appointed; and that all writs and recognizances, precepts and processes whatever heretofore issued, or that may hereafter be issued, returnable to said Spring Term of said Court as now fixed by law, shall be considered and held returnable to the terms of said Courts as fixed and regulated by this Act. Parties, witnesses, writs etc, returnable to the Ct as chng'd 28. Sec. III. Be it enacted, c. That from and after the passage of this Act, that the Superior Courts of the county of Fayette, shall be held on the second Mondays of March and September, in each and every year. Fayette. Sup'r Cts of 29. Sec. IV. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 69.) An Act to repeal so much of an Act entitled an Act to change the time of holding the Superior Courts in certain counties therein named, passed at the last session, as relates to the Courts of the counties of Warren and Hancock. 30. Sec. I. The General Assembly do enact, That so much of the above recited Act, * * See for this Act, Acts of 1855 and '56, p. 208. as requires the Superior Courts of the county of Hancock to be held on the third Mondays in February and

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August, be and thesame is hereby repealed; and that the said Superior Courts of said county, shall be held, after this date, on the second Mondays in April and October, of each year; and that the Inferior Courts of said county, shall, as prior to the passage of the above recited Act, be held on the first Mondays in February and August. Sections 1st and 2d of Act of Jan'y 23d, 1856, repealed as to Hancock co. Sittings of Sup'r and Inf'r Cts of said county. 31. Sec. II. Be it further enacted, That so much of the above recited Act * * See for this Act, Acts of 1855 and '56, p. 211. REMARKS.There seems to be a mistake in the caption of this Act. The times of holding the Courts in both Warren and Hancock were not provided for in the same, but in different Acts, as permits the Superior Court of Warren to continue for two successive weeks when the business thereof shall be necessary, be and the same is hereby repealed. Sec. 2d of Act of Mar. 6th, 1856, repealed. Assented to December 22d, 1857. (No. 70.) An Act to change the time of holding the October Term of the Court of Ordinary of Tattnall county. 32. Section I. Be it enacted, That from and after the passage of this Act, the October term of the Court of Ordinary of Tattnall county shall be held on the second Monday in October, instead of the first Monday, as now provided by law. Court of Ordinary of Tattnall co. to be held on 2d Mon. of October. 33. Sec. II. (Repeals conflicting laws.) ASSENTED to December 21st, 1857. (No. 71.) An Act to change the time of holding the Inferior Courts of the counties of Taylor and Stewart. 34. Section I. Be it enacted, That from and after the passage of this Act, the Inferior Court of the county of Taylor shall hold their regular terms on the second Monday of February and August, instead of January and July, as now prescribed by law. Inf'r c't of Taylor sits 2d Mon. of Feb and Aug 35. Sec. II. And be it further enacted, That the Inferior Court of the county of Stewart be held on the first Mondays in February and June of each year. Inf'r c't of Stewart first Mon. of Feb. and June. 36. Sec. III. (Repeals conflicting laws,) Approved December 21st, 1857.

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DIVISION II. JUDGES OF THE SUPERIOR AND JUSTICES OF THE INFERIOR COURTS. Sec. 37. Gov. to commission Judges of Superior Court, former commissions made valid. Sec. 38. Last clause of fourth Sec. Act Jan. 12, 1852, repealed. Sec. 39. Majority of Justices presiding may render judgment in Inferior C't. Sec. 40. Repealing clause. (No. 72) An Act to authorize the issuing of commissions and to legalize commissions that may have been issued to certain persons, elected as Judges of the Superior Courts, and to amend an Act entitled an Act to provide for the election of all the Judges of the Superior Courts by the free white people of the State of Georgia, and for other purposes therein named, approved January 12 th, 1852. Whereas, by the last clause of the fourth section of the above recited Act, it is enacted, that if any person so elected and notified shall neglect to appear before the aforesaid Justices and take the usual oath of office, within thirty days from the date of the aforesaid proclamation, unless prevented by Providential cause, the Governor shall declare said office vacant, and immediately order another election to fill said vacancy, c. And whereas, some of the persons elected as Judge of the Superior Courts at the last January elections have neglected to appear before the aforesaid Justices and take the usual oath of office, within the thirty days prescribed as aforesaid, and in other cases, commissions have already issued to others, who neglected thus to qualify, therefore, Preamble. 37. Section I. The General Assembly doth enact, That in all such cases as herein above recited, the Governor be and he is hereby directed to issue commissions to the persons so elected as Judges of the Superior Courts, notwithstanding their failure to qualify, as aforesaid; and that any and all commissions which may have been issued to persons so elected, and who may have failed to qualify as aforesaid, are hereby declared to be legal and valid, as if the qualification had taken place within the time prescribed by the aforesaid Act. Gov. to issue com'issions to Judges elect, altho' they have not qualified as required by statute. Former com. made valid. 38. Sec. II. The General Assembly doth enact, That from and after the passage of this Act, the said last clause of the fourth section of the above recited Act, be and the same is hereby repealed. * * For Act which this repeals see Acts of 1851-2, p. 87. The last clause of 4th sec, of Act of Jan. 12, 1852 repealed. Approved December 5th, 1857. (No. 73.) An Act defining how many Justices of the Inferior Courts of this State shall concur in opinion to make the judgment of said Court. 39. Section I. Be it enacted, That from and after the passage of

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this Act, in all cases brought before the Justices of the Inferior Courts of this State, a majority of the Justices presiding upon the trial of the same, shall pronounce the judgment, which judgment shall be binding and as effectual as if a majority of the whole Court were present and agreeing thereto. Maj. of Jns's presiding may pronounce judgment in Inf'r court. 40. Sec. II. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. REF. NOTE.By 2d section of Act of 1799, organizing the Inferior Court, said Court was to be held by the Justices of the said Inferior Courts, or a majority of them. Cobb's Dig. 457. SUP. CT. DECTS.A majority of the whole Court must concur in any judgment. 1 Kelly, 271. DIVISION III. ACTION. SUBDIV. I. PROCESS. SUBDIV. II. BAIL IN CIVIL CASES. SUBDIV. III. EXECUTIONS. SUBDIVISION I. PROCESS. Sec. 41. Service of process upon adm'rs, c., in certain cases. Sec. 42. Repealing clause. (No. 74.) An Act to prescribe the manner in which service may be perfected on Executors and Administrators, under the circumstances therein mentioned. 41. Section I. The General Assembly of the State of Georgia do enact as follows: In all cases where there are two or more administrators or executors upon an estate, and one or more of such administrators or executors shall remove without the limits of this State, service of any suit or process upon those remaining in the State, shall be as effectual and complete for all purposes whatever, as though service had been made upon all such administrators or executors. Service of process on adm'rs, c., in certain conditions. 42. Sec. II. (Repeals conflicting laws.) * * REF. NOTE.By Act of 1845 Cobb's Dig p. 476, where defendant died after suit commenced, the cause might be revived against the representatives, by serving with [Illegible Text] facias, those of them who remained in the State or in the county where suit was brought, and a return that the others are not to be found, as though all the parties had been served with sci. fa. This statute applies where suit is brought against executors, c. in first instance. By common law, where a right of action exists against co-executors, as such, all those of them who have acted in the execution of the trust must be joined in the action; but those who have not administered may be omitted. Gould's Pleadings chap. IV, sec. 73. Where process under the Act of 1840, Cobb's Dig. 473, is directed to the Coroner, without the words and to the Sheriffs of the adjoining counties, and is served by the Coroner, such service is good. 21 Ga. Rep. 383. ASSENTED to December 22d, 1857.

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SUBDIVISION II. BAIL IN CIVIL CASES. Sec. 43. Bail, same proceedings to obtain as in bail pendente lite, declaration when filed. Sec. 44. Duty of Sheriff. Sec. 45. This Act permissive only, not imperative. Sec. 46. Case may proceed against defendants, though bail discharged. (No. 75.) An Act to simplify the proceedings in bail cases, and for other purposes therein mentioned. The General Assembly of the State of Georgia do enact as follows: 43. Section I. Whenever bail shall be required in any case about to be instituted in the Courts of this State, it shall be lawful and sufficient to serve the defendant with a process and copy of the affidavit, as in cases of bail pending the action, and at the term to which said process is returnable, the plaintiff shall file his declaration, * * By former laws the declaration must have been made out and filed in Clerk's office before any bail process could issue. See Cobb's Dig. p. 477. For Act regulating bail pendente lite, see Idem p. 479. See also No. 82, relating to bail, c. and the subsequent proceedings shall be as in other cases. Process and copy of bad affidavit served on defendant. Declaration to be filed at return term. 44. Sec. II. Whenever such process, with a copy of the affidavit annexed, and a copy or copies of such process and affidavit shall be placed in the hands of the Sheriff, it shall be his duty to arrest the defendant or defendants, to serve him, her or them with a copy or copies of said process and affidavit, and to deal with him, her or them, as is now required by the laws of force in this State, regulating cases where bail is required. Sh'iffs duty with regard to bail. 45. Sec. III. Nothing in this Act shall be held to repeal any portion of the laws heretofore of force, regulating cases in which bail may be required, but shall be construed to be permissive only, and not compulsory, as to the form to be used. This Act does not repeal former laws, but is only permissive and not compulsory. 46. Sec. IV. A substantial compliance with this Act, as to service upon the defendant or defendants, shall be deemed sufficient to authorize the case to proceed as against such defendant or defendants, notwithstanding the bail may be discharged for irregularity in the process, affidavit, copies or service. See No. 82, of this title for Act authorizing the issuing of bail process, for protection of sureties and endorsers. SUP. CT. DECIS.1. A suit upon a bail bond (not good under the statute) alleged that it was voluntarily tendered; no evidence but the bond was offered. Held, that a non-suit was properly awarded. 18 Ga. Rep. 401. 2. Where bail is required by an agent of the plaintiff; who swears he is agent, and the principal files his declaration on this affidavit. Held, that this is evidence that the principal authorized the act. Idem 690. 3. Affidavit by attorney that plaintiff claimed that defendant owed him so much, sufficient. 20 Georgia Reports 579. Substantial compliance with this act sufficient, as against def't tho' bail may be disch'ged. Assented to December 21st, 1857.

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SUBDIV. III. EXECUTIONS. Sec. 47. Alias Executions, order for issuing, may be granted in vacation. Sec. 48. This Act extended to the City Courts of the State. Sec. 49. Repealing clause. (No. 76.) An Act to authorize the issuing of alias Executions in vacation, by the several Courts of Law within this State, when the originals have been lost. 47. Section I. Be it enacted, That from and after the passage of this Act, whenever any execution which shall have been regularly issued out of any of the Courts of this State, shall be lost, it shall and may be lawful for the Judges of any of said Courts, at any time in vacation, upon proper application being made, to grant orders for the issuing of alias executions, in all cases in which they may be required, upon the same terms and with the same restrictions, as are now prescribed for the issuing of the same in term time. Alias [Illegible Text] may be issued in vacation by order of the Judge. 48. Sec. II. Be it further enacted, That the provisions of this Act shall also extend to the different City Courts of this State. Act extended to City Courts. 49. Sec. III. (Repeals conflicting laws.) * * See title Justices' Courts, No. 88. SUP. CT. DECIS.1. Where an original execution has been lost or destroyed, a copy should be established, and not an alias fi. fa. issued. 11 Ga. Rep. 636. 2. Under the laws of this State, an alias fi. fa. can issue only upon the revival of a dormant judgment. Idem. 3. A. fi. fa., which by special order of the Court, is to stand in lieu of a lost original, though so called, is not an alias fi. fa., but an established copy of a lost fi. fa. 17 Ga. Rep. 187. 4. The mere indorsement of alias fi. fa., upon an execution, will not give that character to the process, which in all other respects appears to be an original. 19. Ga. Rep. 8. 5. A sale and purchase by a plaintiff in fi. fa. under an enjoined fi. fa., conveys no title. Idem 527. 6. Presumption of satisfaction of fi. fa. from levy, how rebutted. 20 Ga. Rep. 210. 7. If a plff. in fi. fa. bids off land levied on by his fi. fa. he cannot claim other money till he accounts for his bid. Idem 401. 8. Execution may be assigned to the Sheriff. Idem 637. 9. Levy on realty is no presumption of satisfaction. Idem 676. Approved December 22d, 1857. DIV. IV. CERTIORARI. Sec. 50. Affidavit to obtain certiorari, form of. Sec. 51. 20 per cent. damage for frivolous certiorari. Sec. 52. Repealing clause. (No. 77.) An Act to amend the several laws of this State upon the subject of writs of certiorari. 50. Section I. Be it enacted, That from and after the (1st) first day of January next, no writ of certiorari shall be granted or issued to any Justices Court in this State, unless the party applying for the

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same, his agent or Attorney, shall make and file with his petition, the following affidavit, to-wit: No [Illegible Text] to issue but upon affid't of party, etc, 51. Sec. II. Be it further enacted, That it shall and may be lawful for the presiding Judge, before whom any writ of certiorari hereafter granted may be heard on motion of the opposite party, to order not more than twenty per cent. damages against the plaintiff in certiorari in case it shall be made appear to him that the said certiorari was frivolous, and applied for without good cause for the same, or for purposes of delay only, and judgment may be entered accordingly, any law, usage, or custom to the contrary notwithstanding. 20 per cent. damages for frivolous certiorari. 52. Sec. III. (Repeals conflicting laws.) * * REF. NOTEBy former laws no similar affidavit to obtain certiorari was required, neither was the Plff. in certiorari liable to 20 per cent. or any damages for frivolous certiorari. For Acts regulating the issuing of certiorari to Justices' Courts, see sec. 1. of Act 1811, (Cobb's Dig., 523) and Act of 1850, (Cobb's Dig., 529.) SUP. CT. DECIS.1. The provisions of the Judiciary of 1799, as to certiorari, refer to the writ, when directed to the Inferior Courts proper, and to them only. 16 Ga. Rep. 172. 2. The Act of 1850, authorizing the Superior Courts to make a final decision on certioraris, without sending the case back, does not apply to certioraris from Inferior Courts. 17 Ga. Rep. 426. 3. The parties to a certiorari are entitled to be heard personally or by Attorney, as in all other cases. 17 Ga. Rep. 615. 4. Certiorari does not lie to a decision upon a possessory warrant. 18 Ga. Rep. 739. 5. Where the Court orders a certiorari to issue and without fault of the plaintiff or his counsel, it is not issued, the case should not be dismissed on that account. Idem 518. 6. Certiorari stops the case at the stage when it is served. 20 Ga. Rep. 77. 7. Lies to Justices trying a forcible entry. Idem. 8. Affidavit supported by answer of Justices will be sustained, though originally deficient. Idem. 9. In a forcible entry case, no bond for condemnation money, necessary. Idem. 10. Act of 1850 applies only to Justices' Courts. Idem. 11. A certiorari will lie from the decision of the Inferior Court sitting as a habeas corpus court. 22 Ga. Rep. 93. Assented to December 22d, 1857.

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DIV. V. EQUITY PRACTICE. Sec. 53. Bills served 30 days before Court. Sec. 54. Trial term the 2d term. Sec. 55. No replication, nor order setting case down for trial, necessary. Sec. 56. Plea, answer or demurrer, may be filed at first termdemurrer and plea to be disposed of at first termand if overruled, Deft. must answer in 30 days. Exceptions to answer, on ten days notice may be disposed of in vacation, and Deft. to answer fully, as Judge may direct. Sec. 57. No cross bill necessaryequitable defence may be set up in answer and relief obtained. May by answer compel Plff. to answer. Sec. 58. Either party may make the other a witness, by subp[oelig]na, when in, by commission, when out of county. Party in Court may be examined, though not subp[oelig]naed. Sec. 59. Plff. may amend at any timeDeft. to have reasonable time to answer. Amendment not to open whole case to demurrer, unless it makes a new bill. Capricious amendment for delay only not allowed. Sec. 60. Deft. to answer only the amendment, and one of substance only, and not merely of formreasonable time allowed. Sec. 61. Construction of this Act. Sec. 62. This Act not to apply to cases now pending, or that may be filed before the 1st day of April, 1858. Sec. 63. Repealing clause. Sec. 64. Certain writs to issue, upon Plff's. making affidavit of inability to give the bond and security required by statute. Sec. 65. Repealing clause. (No 78.) An Act to alter and amend the practice in Courts of Equity in this State, and to speed causes therein, and prevent delays of justice. 53. Section I. Be it enacted, That bills shall be served on defendants at least thirty * * By former law (Cobb's Dig. 467) a copy of the bill must have been served on the opposite party at least 30 days before the filing of such bill in Court. SUP. CT. DECIS.A copy of the bill and subp[oelig]na may be served by a private individual, as well as the Sheriff. 5 Ga. Rep. 251. See also 19 Ga. Rep. 527. days before the term of the Court to which the bill is returnable. Bills to be served on deft. 30 days before Co'rt. 54. Sec. II. And be it further enacted by the authority aforesaid, That all Equity causes shall stand for trial at the second By Act of 1779 (Cobb's Dig. 467) the Courts were required so to order the proceedings in equity causes as that the same should be ready for trial, at the furthest, at the third term from the filing of the bill inclusive, unless there should be cause for continuance. SUP. CT. DECIS.1. The statute evidently contemplates that equity causes shall be set down for trial at the next succeeding term after the bill has been filed. 12 Ga. Rep. 553. 2. When the cause is set down for trial, neither party will be required to proceed to trial at that term, but will be allowed till next term to procure their testimony. Idem. 3. At the third term of the Court, from the filing of the bill inclusive, the cause will be for trial, and must be tried, unless very special cause be shown for a continuance, which shall not extend to more than four terms. Idem. term of the Court from the filing of the bill, and service thereon on defendant or defendants. Trial term the 2d from [Illegible Text] bill. 55. Sec. III. Be it further enacted by the authority aforesaid, That it shall not hereafter be necessary to file replication, or take any order setting down a case for trial, as now practiced in this State, but upon service on defendants, plaintiff may at once proceed to prepare his case for trial. On the filing of a replication the cause is at issue, and the parties proceed to the proof of their respective cases. If the Plaintiff omit to file a replication in time, the defendant may dismiss the bill for want of prosecution. See Adams' Equity marginal, p. 347. Story's Equity Plead. Sect. 880. SUP. CT. DECIS.1. Ordinarily where the answer and replication are filed the 2d term, the cause should be set down for trial at the next, being the third term after filing bill. 16 Ga. Rep. 1. 2. The replication should be filed and the cause set down for trial before the proofs are taken. The replication however may be filed, nune pro tune, after the proofs are taken. Idem. By the 5th of the Rules in Equity, a general replication is required to be filed, but no special one is allowedand the same rule provides that the cause shall be at issue after replication filed without rejoinder. 3. When the demurrer or plea, and exceptions to the answer, are all disposed of by the Court, and the parties are at issue upon the bill, answer and replication, it is the duty of the Court to have an order entered on the Minutes, setting down the cause for trial. 12 Ga. Rep. 553. No replication nor order setting down for trial necessary.

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56. Sec. IV. Be it further enacted by the authority aforesaid, That at the first term of the Court, the defendant may plead, answer or demur, and if a demurrer or plea is filed, the said plea or demurrer, or both, shall be tried and disposed of at the first term of the Court to which the bill is returnable; and if overruled, defendant shall file his answer within thirty days from the time of the judgment on such demurrer or pleas, and if such answer is not full, exceptions may be taken thereto, and on ten days notice, may be argued and disposed of in vacation, and defendant required to answer fully at such times and on such terms as the Judge may order or direct. * * By Act of 1799 (Cobb's Dig. 468) the party against whom the bill is filed, must appear and answer to the same at the next Court. SUP. CT. DECIS.1. A defendant in equity is not required to answer at the term to which the bill is returned. The words next Court, in the Act of 1799 construed to mean the next Court after that to which the bill is returned. 7 Ga. Rep. 107. See also 12 Ga. R. 553. By the 3d of the Rules in Equity, a plea or demurrer shall be filed at the return term, and be argued during the term or at such other time as the Court may direct. Defts. may also, at first term, plead, demur, and answer at the sametimeand these may be separately disposed of in their order. 2. Exceptions to the defendant's answer must be filed before the hour for Jury business on the second day of the term in which the answer is filed, and be determined by the Court during that term. 12 Ga. Rep. 553. 3. The Court has a discretion in granting time for filing exceptions to answer. 20 Ga. Rep. 29. May plead, etc. at first term. [Illegible Text] etc., to be disposed of at first term. Plea or demurrer overruled deft. must answ'r in 30 days. Exceptions to answer. 10 days notice, disposed of in vacation. 57. Sec. V. Be it enacted by the authority aforesaid, That defendant, if in his judgment, he has an equitable defence, shall not be forced or obliged to file a cross bill, but may set up such equitable defence in his answer, and pray for and obtain such relief as he may be entitled to upon the principles of justice, in as full and ample a manner as he would now be entitled to under a cross bill. And may, if he desires it in writing, in his answer, compel an answer from plaintiff at such time and upon such terms as the Court may order and direct. SUP. CT. DECIS.1. A cross bill is one brought by a defendant against the complainant, touching the matters in the former bill, and should be so framed that both causes may be heard together, and one decree cover both. 14 Ga. Rep. 674. A cross-bill is usually brought either to obtain a discovery in aid of the defense, or to obtain full relief to all parties. Story's Eq. Pl. Sect. 389. 2. In this State a cross-bill must be brought before the pleadings are made up. 13 Ga. Rep. 478. But see 20 Ga. Rep. 472. 3. Upon special application and cause shown, the Court will extend the time for filing a cross-bill. Idem. 4. A cross-bill should not introduce new and distinct matters not embraced in the original suit. Idem. Deft. to answer over as Judge directs. deft. need not file crossbill. May set up equitable defense in answer. Relief. Deft. may, [Illegible Text] by his answer, comp'l plff. to ans'r. 58. Sec. VI. Be it enacted by the authority aforesaid, That either party may examine, in open Court, the opposite party on the stand, as a witness, notwithstanding the answer may be filed,

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upon serving such party with subp[oelig]na, as now provided by law, when such party resides in the county where the trial is had; and if such party resides out of the county, may sue out commission and examine such party as now provided by law. And if the party is in Court at the time of trial, he may be examined without having been served with subp[oelig]na. * * See No. 31 in Title Evidence, for Act authorizing paties to be made witnesses at law. Either party make the other witness by subp[oelig]na. When party lives out of co. may sue out comm'n. Party in C't must testify though not subp[oelig]naed. Plffs. may amend at any time. 59. Sec. VII. Be it further enacted by the authority aforesaid, That plaintiffs may amend at any time, and defendants shall have reasonable time to answer such amendment; but making an amendment shall not open the whole case to demurrer, unless the amendment makes a new bill. Provided, however, plaintiffs shall not capriciously amend his pleadings for the purpose of delay only. Deft. to have time to answer amendment. Am'd't does not open whole case to demurrer unless new bill. 60. Sec. VIII. Be it further enacted by the authority aforesaid, That defendants shall only be required, when an amendment is made, to answer such amendment, and if the amendment is merely formal, the answer may be waived, and the cause proceed. If the amendment is one of substance, and not of form merely, the defendant shall have reasonable time to answer such amendment, as the Court may order and direct. See as to amending bills of Injunction Act of 1811, Sect. 7, (Cobb's Dig. 524.) See general amendment Act (Act of 1853-4, p. 48.) SUP. C'T DECIS.1. When an amendment is made to a bill before answer filed, even if it be immaterial and trivial, a defendant may demur de novo to the bill. 10 Ga. Rep., 109. 2. When an amendment is made at any time to a bill, the defendant may demur to the amendment. Idem. 3. When an amendment is made to a bill after demurrer made and decided, and answer filed, the defendant cannot demur again to the whole bill, unless the amendment is material.Idem. 4. An amendment is material, when it so varies the case made in the original bill as to change the complainant's equity. Idem. See also 16 Ga. Rep. 1. 5. Allegations which do not essentially vary the case made by a bill, may be inserted by way of amendment. 15 Ga. Rep. 213. Also 14 Ga. Rep. 665. Capricious amendment not allowed. Deft. to answer only the am'd'nt. Formal amendment need not be answered. 61. Sec. IX. Be it further enacted by the authority aforesaid, That Courts of Justice, in construing this act, shall give it a reasonable interpretation, to speed the trial of equity causes, allowing reasonable time for defendants, and discouraging any unnecessary delay, and no right shall be defeated or prejudiced, on account of mere technicality or form, not affecting the real justice and merits of the case. [Dagger] [Dagger] SUP. CT. DECIS.Mis-pleading should never be allowed to defeat substantial rights, but every case should be ultimately heard and determined upon its real merits. 14 Ga. Rep. 665. Deft. to have reasonable time to answer am'dment of substance. Act to be reasonably interpreted to speed trial of equity cases. 62. Sec. X. Be it enacted by the authority aforesaid, That this act shall not extend to, or be applicable to any case now pending, or any case which may be filed and served before the first day of April next. Unnecess'ry delay to be discouraged. Mere technicality not to prejudice rights. 63. Sec XI. (Repeals conflicting laws.) [Dagger] [Dagger] SUP. CT. DECIS.1. When a cause in equity is set down for trial, the parties are entitled to continuances as at common law. 12 Ga. Rep. 534. 2. An interrogatory not sustained by the charging part of the bill, need not be answered. 17 Ga. Rep. 92. 3. The rule as to overcoming the answer by two witnesses, c., does not apply to an answer upon information and belief. 19 Ga. Rep. 316. 4. A complainant in equity may dismiss his bill at any time, if defendant is not prejudiced. 20 Ga. Rep. 20. 5. If two are necessary defendants and live in different counties, the bill may be filed in either county. Idem. [Illegible Text]. This Act does not apply to cases filed, etc. before 1st of April, 1858. Assented to December 22d, 1857.

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(No. 79.) An Act to amend an Act entitled an Act to authorize the Judges of the Superior Courts of this State to appoint receivers during vacation, and torequire the complainant in all cases asking for writs of ne exeat quia timet, and all applications asking for the appointment of a receiver, or for injunction to give bond and security to the respondent for any loss or damage which he or they may sustain by the suing out said writs, and for other purposes, approved March 4 th, 1856, so as to allow the issuing any of the aforesaid writs, upon the applicant making oath, that from his poverty, he is unable to give such bond and security. 64. Section I. The General Assembly of the State of Georgia do enact as follows: That said Act be so amended that any of the writs therein mentioned shall issue, upon complainant attaching to his bill an affidavit that he is advised and believes that he has a good and legal cause of action, and that from his poverty, he is unable to give the bond and security required by such Act. Complain'nt may make affidavit of inability to give bond and security. Then writs to issue with out it. 65. SEC. II. (Repeals conflicting laws.) * * See Act of which this is amendatory, Acts of 1855-'6, p. 219. For Act regulating the issuing of injuctions, see Act of 1811, Cobb's Dig. 523, c. For Act regulating issuing of ne exeat quia timet, c., see Act 1813, Cobb's Dig. 525. Assented to December 22d, 1857. DIVISION VI. JURIES. Sec. 66. Foreman of Grand Jury authorized to administer oath to witnesses. Sec. 67. Repealing clause. (No. 80.) An Act to authorize the Foreman of Grand Juries to swear witnesses. 66. Section I. Be it enacted, That from and after the passage of this Act, it shall and may be lawful for the Foreman of each Grand Jury in this State to administer the oath now prescribed by law, to any and all witnesses who may be required to testify before Grand Juries in this State. * * See title Justices' Courts, Nos. 86 and 87. For oath to be administered to witnesses going before Grand Jury see 22d section of 14th division of Penal Code, Cobb's Dig. 836. SUP. C'T DECIS.1. In all cases of presentment or indictment, the only oath lawfully administered to witnesses before the Grand Jury, is the one prescribed by the Code. Ashburn vs. the State, 15 Ga. Rep. 246. 2. If the oath of the witnesses be materially different from this, the indictment ought to be quashed or dismissed. Idem. 3. If a juror has been set down by mistake as disqualified, the mistake may be corrected. 19 Ga. Rep. 102. 4. Proof by one witness of an expression of opinion by a juror is rebutted by a juror's oath. Idem, ubi supra. 5. A correction of the jury list by the Court, must be objected to at the time, and is no ground for new trial. Idem 192. 6. The fact that the judge reprimanded a jury taken from the same list for a former verdict of acquittal, is no ground of error, there being no challenge of the array for that cause. Idem 425. 7. In selecting a jury from the two panels, the prisoner is entitled to seven strikes, he beginning and ending. Idem, ubi supra. 8. Trial by jury as heretofore used, means only trial by jury, as distinguished from other modes of trial. Idem 614. 9. Object of Act of 1856, in relation to impaneling jurors. 20 Ga. Rep. 60. 10. Grand Jurors not sworn at the term liable to serve on criminal cases. Idem. 11. The 34th sec. 14th div. Penal Code does not refer to jurors. Idem, c. 12. Juror may be excused for deafness. Idem 156. Foremen of Grand Juries empowered to administer the oath to witnesses. 67. Sec. II. (Repeals conflicting laws.) Assented to December 21st, 1857.

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DIVISION VII. SURETIES AND ENDORSERS. Sec. 68. Surety, c., to make affidavit that he is such, and that he apprehends that he will have the debt or some part of it to pay, c., to present it to owner, his duty to commence suit, c. Sec. 69. Failing to do so, surety, c., no longer liable. Sec. 70. Payment by surety, c., pending suit, not to be pleaded as bar to the same but suit may proceed to judgment for use of surety. c. Sec. 71. In such case, suit may be prosecuted to judgment and controlled against prior endorser, c. Sec. 72. Surety paying off debt, pending suit, may prosecute to judgment against co-sureties. Sec. 73. Surety, c., paying off execution, returned nulla bona, subrogated to rights of plaintiff. (No. 81.) An Act for the protection of securities and endorsers, and to authorize the issuing of bail process in certain cases. 68. Section I. The General Assembly do enact, That when a security or endorser shall make an affidavit before any Judge, Justice of the Inferior Court or Justice of the Peace, within this State, that he is security or endorser upon any promissory note, single bill or due bill or bond, and that he apprehends that the payment of said debt or some part thereof, will devolve upon himself if the principal is not held to bail, and present the same to the owner of said note, single bill or due bill, or bond, his agent or attorney, it shall be the duty of said owner to commence suit forthwith, and such affidavit shall take the place of the one now required of plaintiff, upon which bail process shall issue, and all other proceedings shall be the same as are now authorized in bail process. [cases?] Surety or endorser may make bail affidavit and apprehend. And present it to owner of bill, etc. Owner to commence suit forthwith. 69. Sec. II. That upon failure of the owner of said promissory note, single bill or due bill, or bond to sue as hereinbefore required, the security or endorser shall no longer be held liable for the same, all laws to the contrary notwithstanding. * * See No. 76, for Act regulating bail in civil cases. By Act of 1831. Cobb's Dig. 596, the endorser or security might, at any time after the note, c., became due, require the holder to commence suit on it, and if he did not do so within three months, such endorser, c., were no longer liable. See also Act of 1826, Cobb's Dig. 595. SUP. C'T DECIS.Notice by an endorser to sue, given to an agent who has no authority but to receive the amount due, and that is made known to the endorser, is not such a notice to the holder, under the statute, as will discharge the endorser. 22 Ga. Rep. 24. Failing to sue, surety and endorser discharged. ASSENTED to December 22d, 1857.

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(No. 82.) An Act for the relief of sureties, endorsers and guarantors in certain cases therein mentioned. 70. Section I. Be it enacted, That when any surety, endorser or guarantor, in any action against the principal or principals, and such surety, endorser or guarantor shall pay the amount due to the plaintiff, pending such action, such payment shall not operate as, or be plead by the principal or principals in bar of said action, but the said action may be continued in Court, notwithstanding such payment, and be prosecuted to final judgment against the principal or principals, in the name of the plaintiff, for the use of such surety, endorser or guarantor. Payment by endorser c, pending suit cannot be pleaded by prin. in bar of suit. Suit to proceed in name of pl'ff vs. prin. for use or endorser, etc. 71. Sec. II. Be it further enacted, That in all cases of payment by an endorser or guarantor, pending the action as provided in the foregoing section, where there are prior endorsers or guarantors, joined as parties defendants, said endorser or guarantor shall be entitled to prosecute the action to judgment, and control the same, when recorded against such prior endorsers or guarantors as well as against the principal or principals, as provided in the foregoing section. Payment by endorser etc. pending suit and there are prior endorsers, etc. suit may proceed vs. prior endorser, as well as vs. principal. 72. Sec. III. Be it further enacted, That in all cases of payment by a surety, pending an action where co-sureties are joined as parties defendants, such surety shall be entitled to prosecute the same to judgment, and control said judgment when recovered against his said co-sureties for their proportional liability of the debt or contract on which said judgment may be recovered, and of the costs of the action. Surety paying pending lit. have control of judgment vs. co-surety, for contribution 73. Sec. IV. Be it further enacted, That where any surety, endorser or guarantor shall pay off and discharge any execution against the property of principal and surety, or principal endorser or guarantor, in such case upon the return or said execution to office, with the return of no property, by the levying officer, such person so paying off the same, shall be subrogated to all the rights of the plaintiff. * * REF. NOTE.By Act of 1820, sureties of executors, c., paying off execution, had control of same, to remunerate themselves. Cobb's Dig. 484. By Act of 1826, sections 1-2, Cobb 498, surety upon the appeal first paying up execution against him, as such, has control of the one against principal, appealing, until it is satisfied. Act of 1839, Cobb 500. The same Act, sec. 3, Cobb 593, gives the same right to control execution to surety on stay of execution. Sec. 4, of same Act, Cobb 593, extends the same right to sureties generally. See also Act of 1810, Cobb 592. Act of 1831, Cobb 595, requires that surety shall satisfy the Court that he was only surety on the note, c. See also Act of 1845, Cobb 599. By Act of Dec. 22d, 1840, Cobb 597, surety discharging fi. fa. may have control of it against his co-sureties when they are sued in the same suit. By Act of 1850, sec. 1., Cobb 600, when separate actions brought against surety and principal, surety paying off judgment against himself as such, is entitled to control judgment against principal. By 3d sec. of same, when co-sureties are sued separately, and one pays off judgment against himself, as such, he has control of the judgments against the others. See also Act of 1850, Cobb 599. By Act of 1839, sec 1, Cobb 596, bank endorser discharging execution to have control of the same to reimburse himself against principal and prior endorsers. By Act of 1850, sec. 4, Cobb 600, same right given to endorser against principal and prior endorser, when sued separately. By Act March 1, 1856, Acts of 1855-'6, p. 227, endorser, whether sued separately or together with principal, c., upon paying the fi. fa., is entitled to control it against principal and prior endorsers, c. See Act of 1811. sec. 16, Cobb 645, and Act of 1816, Cobb 648, giving such control to surety in Justices' Courts. Sup. C't Decis.A surety paying off a part only of a judgment is not entitled to the control of it. 20 Ga. Rep. 90. Judgment against principal and sureties jointlysureties paid off fi. fa., and an entry to that effect was made thereon. Held, that the sureties had no right to return the fi. fa. and sue out a ca. sa. and arrest the principal thereon. 21 Ga. Rep. 139. Pending suit against a principal and endorser jointly, the endorser paid the note. Held, that this payment was a bar to the further prosecution of the suit, even for the benefit of the endorser. 21 Ga. Rep. 198. Surety, endorser, etc., paying off execution returned no property, shall be subrogated to all the rights of plaintiff. Assented to December 21st, 1857.

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ART. III. COURTS OF SPECIAL JURISDICTION. DIV. I. CRIMINAL COURT OF ATLANTA. DIV. II. CRIMINAL COURTS OF COLUMBUS AND ROME. DIV. III. CRIMINAL COURT OF MACON. DIV. IV. CITY COURT OF SAVANNAH. DIV. I. CRIMINAL COURT OF ATLANTA. Sec. 74. Criminal Court of Atlanta, abolished. Sec. 75. Unfinished business transferred to Fulton Superior Court. Sec. 76. Repealing clause. (No. 83.) An Act to repeal so much of an Act, approved March 5th, 1856, entitled an Act to organize and establish a Criminal Court in the Cities of Columbus, Macon, Atlanta and Rome, and to define its jurisdiction, as relates to the City of Atlanta, and for other purposes. 74. Sec. I. Be it enacted, That so much of the above recited Act as relates to the city of Atlanta, be and the same is hereby repealed. Act March 5th, 1856, repealed as to Atlanta. 75. Sec. II. And be it further enacted, That all business in said Court, undisposed of, be transferred to the Superior Court of Fulton county, which shall have jurisdiction of the same, and be there disposed of, and that the balance of the fines and forfeitures, after the payment of all cost and other expenses growing out of said business, be paid into the city Treasury, in Atlanta, and paid over to the petit jurors according to a recommendation of the grand jury, as heretofore made in said City Court pro rata. Unfinished business to be transfer'd to Fulton Sup'r Ct. Fines etc., how disposed of. 76. Sec. III. (Repeals conflicting laws.) * * REF. NOTE.For Act establishing Criminal Court in Atlanta, see Acts of 1855 and '56, p. 245, the 22d sec. of the Act. Assented to December 22d, 1857.

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DIV. II. CRIMINAL COURTS OF COLUMBUS AND ROME. SEC. 77. Act of March 5th, 1856, establishing Criminal Courts in Columbus and Rome, repealed. (No. 84.) An Act to repeal so much of an Act entitled an Act to organize and establish a Criminal Court in the cities of Columbus, Macon, Atlanta and Rome, and to define its jurisdiction, approved March 5th, 1856, * * See for establishment of Criminal Court in Columbus, Acts of March 5th, 1856, (Acts of 1855 and '56, p. 240,) sections 1st to 15th inclusive. As to Criminal Court in Rome, see same Act, sections 17th to 21st, inclusive. as relates to the cities of Columbus and Rome. 77. Sec. I. Be it enacted, That from and after the passage of this Act, so much of the above recited Act as relates to the establishment of a Criminal Court in the Cities of Columbus and Rome, be and the same is hereby repealed. Act of Mar. 5th, 1856, repealed so far as it relates to cities of Columbus and Rome. Assented to December 21st, 1857. DIV. III. CRIMINAL COURT OF MACON. Sec. 78. Criminal Court of Macon, abolished. (No. 85.) An Act to amend an Act entitled an Act to organize and establish a Criminal Court in the Cities of Columbus, Macon, Atlanta and Rome, and to define its jurisdiction, approved 5th March, 1856. * * See Acts of 1855 and '56, page 245. By the 16th section of Act of 5th March, 1856, a Criminal Court was authorized to be established in the city of Macon. 78. Sec. I. Be it enacted, That the sixteenth section of the above recited Act, establishing a Criminal Court in the city of Macon, be and the same is hereby repealed. 16th sec. of Act of 5th of March, 1856, repealed. Approved 16th of November, 1857.

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DIV. IV. CITY COURT OF SAVANNAH. Sec. 79. Jurisdiction in attachment c, to whom direct'd, by whom serv'd. Sec. 80. Parties may be made witnesses. Sec. 81. Future Legislation to apply to that as to other Courts. Sec. 82. Sheriffs' fees for keeping live stock, perishable property, sale of by order of the Judge. Sec. 83. Bailiffs, their selection, fees, duties and powers. Sec. 84. Criminal jurisdiction extended case improperly returned to Superior Court, Solicitor General, his duty and fees. Sec. 85. Fees of Officers, when and how paid. Sec. 86. Act of 27th Dec. 1847, amended Sec. 87. Trials, Jury fees, continuance. Sec. 88. Parties may appeal. Sec. 89. Judgments and executions. (No. 86.) An Act to amend the various Acts in relation to the City Court of Savannah, to add to the jurisdiction and powers of said Court, and for other purposes therein named. 79. Sec. I. Be it enacted, That the City Court of Savannah shall have jurisdiction in all cases of attachment and garnishment, when the debt is within the jurisdictional amount of said Court, and that all the provisions of an Act entitled an Act to authorize the issuing of attachments and garnishments, and to regulate proceedings in relation to the same, and for other purposes therein mentioned, approved March 4th, 1856, shall apply to said City Court of Savannah as if therein expressley named, with the Superior, Inferior and Justices Courts of this State, said attachments to be directed to the Sheriff of said Court, and to all and singular the constables and exofficio, constables of the city of Savannah, and be served by said Sheriff or constables, aforesaid and said garnishments to be served by the Sheriff aforesaid or his lawful deputy. [Illegible Text] Ct of [Illegible Text], its jurisdiction. Attachment, [Illegible Text] Prov's of Act of Mar. 4th 1856, to apply to said Court. Attachm'ts etc, how directed and served. 80. Sec. II. And be it further enacted by the authority aforesaid, That in all cases in said Court, when a discovery may be desired from the adverse party, a thirty days subp[oelig]na may issue upon application to the Clerk, as provided for by an Act entitled an Act to amend an Act passed 17th December, 1847, to authorize parties to compell discoveries at common law, approved February 20th, 1854, and that all the provisions of said Act apply to said City Court of Savannah as if therein expressly named. Discovery. 30 days subp[oelig]na. Act of Feb. 20th 1854, extended to city Ct of Savannah. 81. Sec. III. And be it further enacted by the authority aforesaid, That all Acts or parts of Acts hereafter passed upon the subject of attachment and garnishment, or Legislating as to any matter whatever in the Superior Courts of this State, shall apply to the said City Court of Savannah, as if named with the Superior Courts, so far as the nature of that tribunal will admit. All future Acts relating [Illegible Text] attach'mts [Illegible Text] ade applicable to said city Court. 82. Sec. IV. And be it further enacted by the authority aforesaid, That in all cases where under fieri facias or attachment process returnable to said Court, horses, mules or other live stock be levied upon, the Sheriff or other levying officer be allowed the amount of stabling according to the current rates, actually expended by him, and in all cases, where under fieri facias or attachment process as aforesaid, horses, mules, hogs or other live stock, or dry goods groceries

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or other property of a perishable nature, be levied upon, the Judge of said Court, upon application under oath, shall have power to order the sale thereof at such time and place as may to him seem most advantageous, provided that not less than ten days notice be given in a public gazette, and at the court house in said city, of the time and place of said sale. Shff. allowed comp. for keeping live stock levied [Illegible Text] Perishable property, how disposed of. Not less th'a 10 days notice given. 83. Sec. V. And be it further enacted by the authority aforesaid, That the Judge of said City Court of Savannah, be and he is hereby empowered to select, in conjunction with the Mayor of said city, five members of the mounted police of Savannah, special bailiffs, in said Court who shall remain bailiffs as aforesaid, one year, unless removed as bailiffs, by the Judge, or in case of dismissal or resignation from said police. It shall be the duty of three of said bailiffs, to attend all sittings of said Court, subject to the orders of the Judge thereof, and they shall receive two dollars per diem whilst so attending, to be paid from the fines and forfeitures in said Court, said bailiffs to be and they are hereby empowered to serve any criminal warrant within the criminal jurisdictional limits of said Court, and for the purposes thereof shall be considered lawful Constables of the State of Georgia, and receive the same fees as are now allowed by law, to Constables of this State. Provided, nothing herein contained shall be construed to relieve such bailiffs from any duties now imposed by law, which shall not interfer with the duties above imposed. 5 special bailiffs for said Court. To remain in office one year. Their duties. Their fees. Powers of bailiffs. To have fees of constable Proviso. 84. Sec. VI. And be it further enacted by the authority aforesaid, That the criminal jurisdiction of said City Court of Savannah be extended over all misdemeanors committed within two miles of the corporate limits of the city of Savannah, as defined by an Act to extend and define the corporate limits of the city of Savannah, approved February 15th, 1854, and in all cases of misdemeanors committed within the jurisdictional limits of said City Court of Savannah, where the committing Magistrate has returned the same to the Superior Court of said county instead of said City Court as directed by an Act entitled an Act to amend the third section of an Act entitled an Act to amend the several Acts relative to the Court of Common Pleas, and Oyer and Terminer for the city of Savannah, and for other purposes, approved 9th December, 1853, and for other purposes therein named, approved March 1st, 1856, the Judge of said Superior Court, be and he is hereby empowered to order said case to be transferred for trial to said City Court of Savannah, and that all bonds and other papers forming said record, shall be deemed and considered as valid and binding as if returnable in the first instance to said City Court of Savannah, and in all such cases of misdemeanor returned to the Superior instead of the said City Court of Savannah, the Magistrate so returning said case, shall forfeit all cost and charges in the same, and it shall be the duty of the Solicitor General of the Eastern Judicial District of Georgia, to appear in said Court and prosecute all Criminal offences therein cognizable, and be entitled to the fees now allowed by law, and in consideration of the additional labor imposed, that he shall have and receive the sum of five hundred dollars per annum, to be paid quarterly to the said Solicitor from the fines and

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forfeitures in said Court. In case of the absence of the Solicitor General at any term of said Court, the Judge thereof be and he is hereby empowered to appoint a Solicitor General pro tempore. Criminal jurisdiction. Where case for misdemeanor improperly returned Sup'r Court, Judge of Sup'r Ct to order same to be transferred to city Ct for trial. Magistrate for return'g case to wrong [Illegible Text], to forfeit cost, etc. Duty of Sol. General of Ju. circuit. His fees. $500 salary. 85. Sec. VII, And be it furiher enacted by the authority aforesaid, That out of any moneys arising from fines imposed for violation of the penal laws, or collected from forfeited recognizances in said Court, the Solicitor General bringing the money into Court, and the Clerk and Sheriff then in office shall be entitled to have their insolvent bills first paid, and then bills of former Solicitors, Clerks and Sheriffs, paid according to priority, but that no bill that has remained unpaid for longer than four years, shall take any part of said fund. Sol. Gen. pro tem. Fees of officers, when and how paid. 86. Sec. VIII. And be it further enacted by the authority aforesaid, That an Act entitled an Act to authorize the Judge of the Court of common pleas, and Oyer and Terminer for the city of Savannah, to hold special or extraordinary Courts for the summary trials of causes therein enumerated, and to amend an Act entitled an Act to authorize the Judge of the Court of Common pleas and Oyer and Terminer for the city of Savannah, to hold special or extraordinary Courts for the summary crials of causes therein enumerated, and to empower the Mayor of the city of Savannah also to hold such special or extraordinary Courts, and to regulate seamen or mariners, and to prevent them from being harbored or running in debt, passed December 26th 1831, approved December 27th, 1847, be amended so as to apply to all cases where any person or persons shall be charged and prosecuted for the offence of abducting, entertaining, retaining or harboring any mariner or apprentice, as well as any articled seaman, as those offences are defined by an Act to define the offence of abducting and harboring seamen, and to punish the same, and for other purposes therein named, assented to December 27th, 1843. Act of 27th Dec. 1847, amended so as to apply to any oftences of abducting, etc, any mariner or apprenticed seaman. 87. Sec. IX. And be it further enacted by the authority aforesaid, That from and after the passage of this Act, each and every case before said Court, where Judgment is not confessed, shall be tried by a jury at the term to which it is returnable, without a demand being entered as heretofore practiced, and that a fee of one dollar for all verdicts which may be signed, be paid to the jury by the party taking such verdict, to be taxed in the bill of costs. Provided, that if either of the parties should be unprepared for the trial of such case, the Court may continue the same under the same rules and regulations by which suits are now continued. The attorney's tax fee in said Court to be hereafter two dollars in each case, instead of five as heretofore allowed. Cases, when tried. Jury fee, $1, Continuance Atty's fee $2 00 88. Sec. X. And be it further enacted by the authority aforesaid, That in case either party shall be dissatisfied with the verdict of the jury, then, and in all such cases, either party may enter an appeal, as now provided by law. Appeal allowed. 89. Sec. XI. And be it further enacted by the authority aforesaid, That from and after the passage of this Act, in each and every case brought in said City Court of Savannah, judgment be entered up for

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the principal and interest, or amount of damages that may be recovered, and for the attorney and city tax fees, and Jury fees, in the manner now pointed out by law, by the attorney of record, and that the Clerk enter up judgment for his cost and the costs of the Sheriff, and judgment being so entered up, that the Clerk of said Court issue two executions, in the manner now pointed out by statute, one for the amounts so entered up by the attorney of record, the other for his costs and the costs of the Sheriff, and in case the latter execution be not paid by the defendant, then, upon a return thereon by the Sherift to that effect and of nulla bona, execution shall issue against the plaintiff, and said costs be collected from him. In case the plaintiff is cast in said suit, said judgment shall be entered up and execution issued for said costs in the first instance against said plaintiff. In all cases where the plaintiff, liable as above, for costs, resides beyond the civil jurisdictional limits of said Court, said judgment shall be entered up, and execution issue as above, for costs, against the attorney of record. * * See Title, Attachment and Garnishment, No. 14, for Act extending the provisions of the General Attachment Act of March 5th, 1856, to various City Courts of record in this State, and notes to the same. See for Act of March 5th, 1856, Acts of 1855 and '56, pp. 24 to 38 inclusive. See for Act 20th Feb. 1814. Acts of 1813 and '44, p. 40. For Act of December 27th, 1817, see Acts of 1847, pam. p. 91. Judg'mt be entered up attorney for what. Judg'mt by Clerk, for what. G'lk to issue 2 executions return nulla bona. Execution vs. plaintiff. When plff. is cast in his suit. Plff. residi'g without lim. of jurisd'n judg'mt vs, attorney. Assented to December 22d, 1857. TITLE XVIII. JUSTICES' COURTS. ART. I. ATTACHMENT AND GARNISIIMENT. ART. II. EVIDENCE. ART. III. JURIES. ART. IV. EXECUTION. ART. I. ATTACHMENT AND GARNISHMENT. Sec. 1. Attachment to issue 10 days before Court. Sec. 2. Jurisdiction in attachment $50 besides interest. Sec. 3. Repealing clause. (No. 87.) An Act to amend the 46 th section of the Attachment Law, assented to on the 4 th day of March, 1856. * * See Act of 1856 (Acts of 1855-6, p. 25) sections 8 and 46. 1. Sec. I. Be it enacted, That in all cases of attachment or garnishment made returnable to a Justice's Court, the word, ten days, shall be substituted in lieu of the word, twenty days. Attach. and Gar. returnable to Just. Ct. to issue 10 days before Ct. 2. Sec. II. And be it further enacted, That the jurisdiction of

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Justices' Courts of this State, in cases of attachments be, and the same is nereby extended to the sum of fifty dollars, exclusive of interest. * * See Act of March 5th, 1857, (Acts of 1855-6, p. 254) extending jurisdiction of Justice's Courts to $50. See also Act of 1811 ( Cobb's Dig. 640) relating to attachments in Justice's Courts. Jurisdi'on of Justices Ct. in cases of attach. $50. 3. SEC. III. (Repeals conflicting laws.) Assented to December 21st, 1857. ART. II. EVIDENCE. Sec. 4, Parties may prove accounts in Justice's Courts by their own oath, if they do not exceed $50. Sec. 5. Repealing clause. (No. 88.) An Act to allow parties in Justices' Courts to prove open accounts, when the same does not exceed fifty dollars, c. Whereas, the Legislature, at its last session, passed an Act giving to Justices of the Peace jurisdiction over all sums not exceeding fifty dollars, principal and interest; and whereas, the Act of December 27th, 1842, limits the amount on open accounts, to be proven by parties in Justices' Courts, to thirty dollars, thereby causing litigation, and consequent delays resulting from the seemingly contradictory statutes for remedy whereof: Preamble. 4. Section I. Be it enacted, That from and after the passage of this Act, it shall and may be lawful for parties, plaintiff or defendant in any case in the Justices Courts of this State, to prove open accounts in the same manner as heretofore prescribed by law, provided the amount does not exceed the sum of fifty dollars. Parties in Justice Cts. may prove open accts. by their own oath if they do not exceed $50. 5. Sec. II. (Repeals conflicting laws.) * * For Act raising jurisdiction of Justice's Courts to $50, see Acts of 1855-6, p. 254. For Act Dec. 27th, 1842, see Cobb's Dig. p. 653. Assented to December 22d, 1857. ART. III. JURIES. Sec. 6. Act Dec. 14, 1811, repealed. Sec. 7. Justices, c., to draw jury alone. Sec. 8. Repealing clause. Sec. 9. Juries in Justices Courts, by whom drawn. Sec. 10. Repealing clause. (No. 89.) An Act to repeal so much of the eighth section of an Act to alter and amend the several Judiciary Acts now in force in this State so far asrelates to Justices Courts, approved December 14 th, 1811, that requires the commanding officers of each district to assist in drawing Juries in Justices Courts. The General Assembly of the State of Georgia do enact as follows: 6. Section I. That so much of the above recited Act as requires the commanding officers in each Captains' district to act in conjunction

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with the Justices of the Peace in drawing Juries be, and the same is hereby repealed. Comm'ding officers of Capt's dist. not to assist in drawing juries. 7. Sec. II. That the Justices of the Peace in each district shall have full power to meet and revise the Jury box, and draw Juries for their Courts without the presence of the commanding officer of said district. * * See next act, requiring two freeholders to assist the Justices in drawing juries. See for 8th section of Act of 1811, Cobb's Dig. p. 643. Justices of the Peace alone to draw. 8. Sec. III. (Repeals conflicting laws.) Assented to December 21st, 1857. (No. 90.) An Act to alter and amend the eighth section of an Act passed the 14 th December, 1811, so far as relates to drawing Jurors in Justices Courts by the Justice or Justices residing in each Captains' district, in conjunction with commanding officers of said district. 9. Section I. Be it enacted, That from and after the passage of this Act, the Justice or Justices residing in each militia district, in conjunction with two freeholders of said district, shall draw Jurors in Justices Courts of this State, as now provided by * * See last Act No. 89. See for the 8th Sec. of Act of 1811, Cobb's Dig. p. 643. SUP. Ct. DECIS.Justices of the Peace are not bound to give the law of a case, on trial before a jury in their Courts, in charge. 21 Ga. 192. Neither are the juries bound by the charge of the Justices, but are bound to render verdicts according to the rules of law and equity, applicable to the case before them, and if they violate these, their verdicts may be set aside. Idem. Justices of the Peace with 2 free-holders may draw juries for Just. Ct. 10. Section II. (Repeals conflicting laws.) Assented to December 22d, 1857. ART. IV. EXECUTION. Sec. 11. Deft. in Justice's Court may stay execution sixty days. Sec. 12. Repealing clause. (No. 91.) An Act to amend the second section of an Act to raise the jurisdiction of the Justices of the Peace, approved March 5 th, 1856. * * See for Act of which this is amendatory, Acts of 1855-6, p. 254, by which defendants in judgments for $30 or under, might stay execution 40 days, and when judgment was over $30 and not more than $50, might stay sixty days. See also 1st Sec. of Act of 1811, ( Cobb's Dig. p. 639.) 11. Section 1. Be it enacted, c., That from and after the passage of this Act, when any person shall be sued in a Justices Court, and a judgment obtained against the party defendant, the defendant within four days after the adjournment of said Court, upon paying all cost that may have accrued, and giving good and sufficient security for principal and interest involved in the case, shall have the right to stay the execution sixty days. Deft. may stay execution in Just. Ct. 60 days. 12. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857.

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TITLE XIX. LAND. Sec. 1. Persons in possession entitled to preference in application for warrant, c., notice. Sec. 2. Seal of State, when to be attached, certificate, void grants, proviso. Sec. 3. Repealing clause. Sec. 4. Numerical Land Books to be transcribed, compensation for, to be referred to committee, Governor's warrant. (No. 92.) An Act to amend an Act assented to February 17 th, 1854, entitled an Act to secure a preference to persons in possession in applications for Grants under the laws pertaining to Head Rights. 1. Section I. Be it enacted, That from and after the passage of this Act, any person having possession of ungranted land, shall have a preference over all other persons applying for a warrant of survey under the laws pertaining to Head Rights, and before any such warrant of survey shall be issued, ten days notice shall be served upon the person in possession of the intended application, and describing the land to be surveyed, [served] by the county surveyor of the county where such lands are situated. Preference given to persons in possession applying for warrant of survey, c. Ten days notice of application, 2. Sec. II. And be it further enacted, That the Secretary of State shall not attach the Seal of the State to any grant under head rights until the applicant shall furnish the certificate of the surveyor of the county where the land lies, stating that the notice herein required has been given, or that no person other than the applicant for a grant is in possession of the land proposed to be granted, and all grants issued without a compliance with this Act shall be void. Provided, nothing herein contained shall be so construed as to apply to any land not in possession of any other person than the applicant, and shall not apply to any surveys heretofore made. Sec. of State when to attach seal. Grants, when void. Not to apply to land out of possessi'n nor to form'r surveys. 3. Sec. III. (Repeals conflicting laws.) * * See Act of which this is amendatory, Acts of 1853-4, p. 75. By which Act the ten days notice was to be served on the person in possession by the Sheriff, and the Sheriff was to certify the fact. See for previous legislation on this subject the compiler's note to Act amended by this as above. Assented to December 22d, 1857. (No. 93.) An Act to allow compensation for transcribing the Numerical Land Books of the Executive Department. 4. Section I. Be it enacted, That when the numerical Land Books in the Executive Department, or so many of them as may be necessary to transcribe, shall be copied and accurately compared,

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and such accuracy duly certified by persons adjudged by the Governor fully competent and reliable, the Governor is hereby authorized to refer the work to three or more disinterested and suitable persons to determine on the necessity and value of the same, and if he approves their determination as to any amount agreed upon or set apart, he shall draw his warrant in favor of the persons executing the work, for said amount. Compensation for transcribing Num. Land Book, [Illegible Text] Gov. to draw his warrant. Approved December 16th, 1857. TITLE XX. LEGISLATURE. * * For per diem allowed members of the Legislature referred to in this Act, see general appropriation bill, section 9, of 1856, Acts of 1855-6, p. 20. Sec. 1. Treasurer to pay members and officers according to the lapse of the session, c. Sec. 2. Act of March 4th, 1856, providing for daily reporter, repealed. Sec. 3. Cl'ks of Senate and House of Rep., how appointed, Clerks allowed Sec. of Sen., Cl'ks of Clk. of H.R. Sec. 4. No of Cl'ks may be increased by resolution of either House. Sec. 5. Repealing clause. (No. 94.) An Act to authorize the State Treasurer to make certain advances. 1. Section I. Be it enacted, That the Treasurer be, and he is hereby authorized to pay to the members of the present General Assembly, and officers of the same, an amount corresponding to the lapse of the session, when the member or officer shall apply, at the per diem allowed at the last session. For money appropriated to pay the per diem and salaries of the officers of the Legislature of 1857, see Title Appropriations, No. 9. Treasurer authorized to make certain advancements, Approved November 17th, 1857. (No. 95.) An Act to repeal an Act passed and approved March 4 th, 1856, to employ a competent Reporter, of the daily proceedings of both branches of the General Assembly, and cause a copy of the same each day to be furnished each Senator and Representative. 2. Section I. Be it enacted, That from and after the passage of this Act, the above recited Act shall be repealed and of no effect, to authorize such service and printing. * * See Acts of 1855-6, p, 268. All laws to the contrary not-withstanding. Act of M'ch 4th, 1856, providing for daily reporter repealed. Assented to December 21st, 1857.

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(No. 96.) An Act to regulate the mode of appointment and number of subordinate and assistant Clerks in the Senate and House of Representatives of the General Assembly of Georgia. 3. Section I. The General Assembly of Georgia enact, That the Secretary of the Senate and Clerk of the House hereafter elected, shall have power to appoint their assistant and subordinate Clerks, in the following manner: Cl'ks of Sen. and H. Rep. how appt'd. The Secretary of the Senate may appoint, at the commencement of the session for which he is elected, one reader or assistant Clerk at the desk, one journalizing Clerk, and two enrolling and two engrossing Clerks; one recording Clerk and assistant. Cl'ks allowed Sec'y of Senate. The Clerk of the House may appoint at the same time, for the business of the House, one reader or assistant Clerk at the desk, one journalizing Clerk, and three enrolling and three engrossing Clerks, one recording Clerk and assistant. Cl'ks allowed the Clerk of the House of Rep, 4. Sec. II. And be it further enacted That if at any time during the session, the business of the Secretary or Clerk's department requires the appointment of additional Clerks, it shall be the duty of said Secretary or Clerk to apply to their respective Houses for leave to appoint the same, and in the event the same may be deemed necessary, such body may, by resolution, authorize the appointment, but in every case said resolution shall specifiy the number so authorized to be appointed; and no Clerk or Clerks shall be allowed compensation in either the Secretary or Clerk's department, beyond the number specified in this Act, and such additional Clerk's as may be appointed as prescribed herein. No. of Cl'ks may be increased by resolution of House of Rp. or Senate, when increase of business may require it. Compensa'n 5. Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857.

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TITLE XXI. LUNATIC ASYLUM. * * See title Appropriations, No. 9, Sec. 3d, of General Appropriation, Act for money appropriated to pay salaries of Superintendant, Resident Physician, c., and for support of pauper inmates for year 1858. Sec. 1. Suit vs. guardian, c., of inmate refusing to defray expenses. Sec. 2. Evidence to authorize the reception of persons as lunatics, certificate of physicians, trial by jury not to be refused. Sec. 3. $52,000 appropriated, objects of. Sec. 4. Further appropriation of $7,500. Sec. 5. $5,000 appropriated to purchase furniture. Sec. 6. $6,000 to make brick for wall, c., proviso. Sec. 7. Accounts of the Penitentiary to be audited and paid. Sec. 8. Work and improvements contemplated in this bill to be completed without further expenditure, no other improvements to be commenced before meeting of next Legislature. Sec. 9. Repealing clause. (No. 97.) An Act to alter and amend the sever al Acts heretofore passed for the establishment of the State Lunatic Asylum, designation of individuals subject to be committed, forms of commitment, c., and also to appropriate money for the completion of improvements in progress at the Asylum, and for other purposes. 1. Section I. Be it enacted, That when, in the opinion of the Trustees of the Lunatic Asylum, any inmate has sufficient estate to defray the expenses of said inmate and the guardian or administrator or trustee, or any other person having such estate in hand and refusing to defray the expenses of said inmate, then, in that case, the trustees are hereby authorized to bring suit in their name for a sufficient amount from year to year, as will be necessary for the support of said inmate. When an inmate has sufficient estate to defray ex. and guard'n refuses to pay expen'es Trustees of Lun. Asy. may bring suit vs. such guardian c. 2. Sec. II. And it is further enacted, That in case of insane persons, whose friends purpose paying the usual regular charges for board and all other expenses in the Asylum, the certificate of any three respectable regular physicians, well acquainted with the person alleged to be insane, (or when that is not attainable, such certificate from one regular physician and two other respectable citizens,) shall be regarded sufficient evidence to warrant the reception and detention of such person in the Asylum. Provided, that no demand by the person alleged to be a lunatic, or by his or her friend or relative, shall be made for the trial of the question of lunacy, by a jury, as now prescribed by law. But nothing shall be construed to prevent a jury trial when asked or demanded, whether such demand be made by the lunatic or by any relative or friend of his, and whether such demand for a jury trial to try the question of

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lunacy be made before or at any time after the arrival of such lunatic in the said Asylum. Evidence necessary to autho'ze the reception of any person, etc., as an inmate. Proviso. Shall have jury trial when asked for. Either by lunatic or friend. 3. Sec. III. And be it further enacted, That the sum of fifty-two thousand five hundred dollars be and the same is hereby appropriated to supply the means of paying balances that will shortly be due on contracts now in process of fullfilment, and for procuring and establishing the necessary arrangements for heating and ventilating the entire institution, upon the most approved plans, for furnishing and distributing an abundant supply of water, hot and cold, for water closets, baths, and security against the ravages of fire, together with the most advantageous arrangements for cooking, washing, c. $52,500 appropriated. Objects for which the appropriat'n is made. 4. Sec. IV. * * This section is inoperative, it having been retained in the bill after it was ordered to be stricken out by the Senate, a knowledge of which facts did not come to the Executive till after the Act had received his approval.COMPILER. REF. NOTE.For the various Acts heretofore passed relating to the Lunatic Asylum, see Cobb's Dig. pp. from 729 to 735 inclusive, and notes to the same. Also Acts of 1851-'2, p. 254, and Acts of 1853-'4, p. 81, and notes, and also p. 97 of same, for act authorizing lunatics and attendants to pass free of charge over the State road, when sent by Inferior Court to the Asylum, see also Acts of 1855-'6 p. 258. And be it further enacted, That the sum of seven thousand five hundred dollars be and the same is hereby appropriated for changing the construction of the roofs of the old buildings, covering those buildings with mastic, and otherwise rendering them comfortable [conformable?] in arrangements and appearance with the new structure. $7,500 appropriated to charge roofs etc. 5. Sec. V. And be it further enacted, That the sum of five thousand dollars be and the same is hereby appropriated for the purchase of such suitable furniture as may be necessary for the offices and public rooms in the center building, and for a portion of the rooms, to be occupied by the better classes of patients. $5000 appropriated to pur. furni're. 6. Sec. VI. And be it further enacted, That the sum of six thousand dollars be and the same is hereby appropriated to enable the authorities of the Institution to proceed to making upon the premises, the brick necessary for the erection of a suitable wall, about the place. Provided, that no officer connected with said Lunatic Asylum, nor any trustee of the same, shall, by themselves or their agents, directly or indirectly take the contract or contracts for the manufacture or delivery of said brick, but the manufacture and delivery of such brick shall be let to the lowest bidder. $6000 appr. for making brick to build a wall, etc. Trust's shall not take con. for making brick. 7. Sec. VII. And be it further enacted, That the Governor be authorized to audit the accounts of the Penitentiary against the State, and pay the same wnenever he may be satisfied that the same is correct, out of any money in the Treasury, not otherwise appropriated. Gov. may audit and pay acc'ts of [Illegible Text]., etc. 8. Sec. VIII. And be it further enacted, That all the work and improvements contemplated in this act shall he completed without the expenditure of any more money than is herein appropriated and no other contract shall be made, or work commenced upon the Lunatic Asylum for any addition or improvement not now in process of construction, before the next meeting of the Legislature. Works to be completed without further expen. 9. Sec. IX. (Repeals conflicting laws.) Assented to December 21st, 1857.

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TITLE XXII. MILITIA. Sec. 1. Time extended for soldiers, c., presenting certain claims. Sec. 2. Dawson, Towns and Fannin counties attached to 7th division of 2d brigade. Sec. 3. Repealing clause. Sec. 4. Terrell county in same division and brigade as Lee county. Sec. 5. Repealing clause. (No. 98.) An Act to amend the first section of an Act entitled an Act to provide compensation for the commissioned officers, non-commissioned officers, musicians and privates of certain companies of volunteers mustered into the service of the State of Georgia, by virtue of an Act assented to the 26th December, 1837, so as to prolong the time for presenting claims. Whereas, under the first section of the above recited Act, the soldier was only allowed twelve months from the publication of said Act to present his, her or their claim, and whereas many of said soldiers had removed without the limits of this State, and was not apprised of the provisions of the same, therefore, Preamble. 1. Sec. I. Be it enacted, That the time for presenting said claims be and the same is hereby extended to the first day of January, 1860, any law, usage or custom to the contrary, notwithstanding. * * For Act of which this is amendatory, see Acts of 1855-'6 p. 261. Time for presenting certain claims extended to Jan. 1, 1860. Assented to December 22d, 1857. (No. 99.) An Act to attach the counties of Dawson, Towns and Fannin to the seventh (7) division of second Brigade. 2. Section I. Be it enacted, That from and after the passage of this Act, the counties of Dawson, Towns and Fannin be and they are hereby attached to the seventh division of the second brigade. Dawson, Towns, and Fannin attached to the 7th div. of the 2d brig. 3. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 100.) An Act to designate the Brigade and the Division of the Georgia Militia to which the county of Terrell belongs. Whereas, in the organization of the county of Terrell, the brigade

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and the division of the Georgia Militia to which said county belongs, was not designated: Preamble. 4. Section I. Be it enacted, That the county of Terrell be comprised in the same brigade and division of the Georgia Militia that the county of Lee now belongs. Terrell co. comprised in [Illegible Text] brig. and div. as [Illegible Text]. 5. Sec. II. (Repeals conflicting laws.) Approved December 18th, 1857. TITLE XXIII. PENAL CODE. Sec. 1. Husband to whip, beat or otherwise cruelly to maltreat wife, a misdemeanor. Sec. 2. On trial wife may be witness against husband. (No. 101.) An Act to add an additional section to the tenth division of the penal code and for other purposes. 1. Sec. I. Be it enacted, That from and after the passage of this Act, if any man shall whip, beat or otherwise cruelly maltreat his wife, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the county jail, not exceeding six months, at the discretion of the Court. Addn'l Sec. to 10th Div. of pen'l code [Illegible Text] treatment of wife a misdemeanor. 2. Sec. II. Be it further enacted, That on the trial of any person for offending against the preceding section of this Act, the wife shall be a competent witness against the husband. Any law usage, or custom to the contrary. Punishment confinement in co. jail not more than 6 months. Wife a competent witness against husband. Assented to 21st December, 1857. SUP. CT. DECIS.1. Matters not affecting the real merits, are not good in arrest of judgment. 19 Ga. Rep. 1. 2. In questions of doubt. character is essential, but when the charge is positively proved, it cannot avail. 19 Ga. Rep. 102. 3. If one attacks another, on his premises, with intent to kill, and in the assault, the gun is accidentally discharged and kills the other, it is murder. Idem. 4. If two are jointly indicted and sever, one may place a demand for trial on the minutes. 20 Ga. Rep. 666. 5. A plea entered by mistake on the wrong indictment, may be corrected, though entered on minutes. Idem 674. 6. All cases must be tried under Act of 1856, whether the offence was committed before or not. Idem 682 and 742. 7. Every killing must be presumed to be felonious until the contrary is shown. Idem 752. 8. When the only evidence is defendant's own confessions, the jury must weigh them and believe as much as they deem to be true. Idem. 9. If the petit jury return a malicious prosecution, the Court has no power to relieve the prosecutor from costs. Idem 839. 10. Offence of riot as defined in the penal code construed. Idem. 11. It is not error that the prisoner should be first called on to answer whether he is ready for trial. 21 Ga Rep. 220. 12. The questions prescribed by statute to test the competency of jurors, to try a particular case, are the only questions proper to be asked them; but these questions may be so varied in form as to enable the jurors properly to understand them. Idem. 13. The presentment of a party by a grand jury, is an accusation; is an indictment; a prosecution; and when the grand jury makes a presentment, it arrests the statute of limitations. 22 Ga. Rep. 98.

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PENITENTIARY. See title Lunatic Asylum, Sec. 7. PHYSICIANS. See Local and Private Laws, No. 118, Sec. 3, by which persons are forbidden to practice the Young Physic Art of healing, except on certain conditions. TITLE XXIV. PUBLIC RECORDS. Sec. 1. Muster and Pay Rolls from 1776 to Mex. War, when to be adopted as records. Sec. 2. Said rolls to be placed in hands of Agent of this State. Sec. 3. $1200 to be paid B. B. DeGraffenreid for compiling them. Sec. 4. Repealing clause. (No. 102.) An Act for the better preservation of the interests of certain classes of the citizens of this State, by adopting and making valid certain records, and for other purposes. * * The caption to this act was omitted to be written on the face of either the Engrossed or Enrolled bills, but was indorsed on the back of both as here written. Whereas, by the recent Acts of Congress allowing bounty land to soldiers doing service in the various wars and military expeditions in which the United States have been engaged, the muster and pay rolls in the Executive Department of this State, have become of great importance to the citizens of Georgia, and whereas, these rolls are in a state of disorder and very much mutilated from constant examination, thereby rendering it inconvenient and almost impossible for the Secretaries to refer to them for the purpose of giving certificates of service, and whereas, Mr. B. B. DeGraffenreid has transcribed and compiled these rolls in a neat and durable book for the use of the Executive Department, and whereas, the interests of the citizens of this State require the preservation of their records and papers: Preamble. 1. Section I. Be it enacted, That the book containing the muster and pay rolls of file in the Executive Department, from 1776 to the Mexican war, transcribed, compiled and indexed by Mr. B. B. DeGrafienreid, when carefully compared and its correctness duly established by certificate, shall be taken and held as a record of the Executive Department of this State, and all certificates of service based upon such book shall be, and the same are hereby made as valid as though they were taken from the original rolls. Bo'k of mus and pay rolls from 1776 to Mex. War compiled by DeG. to be adopted as record when comp. and certified. Certificates of service based on [Illegible Text] book made valid. 2. Sec. II. And be it further enacted, That his Excellency the

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Governor be instructed to place said original rolls in the hands of the Agent of this State, to prosecute claims against the General Government, with instructions to have the same filed in the War Department at Washington City, and that said Agent prosecute diligently the collection of such moneys as may be due this State on account of said rolls. Gov. to pl'ce orig. rolls in h'nds of Ag't to pros. cl'ms against Gen. Governme't. 3. Sec. III. And be it further enacted by the authority aforesaid, That his Excellency the Governor be authorized to draw his warrant upon the Treasury, upon any moneys not otherwise appropriated, for the sum of twelve hundred dollars in favor of B. B. DeGraffenreid, as compensation for his services in the compilation of said book of record. Gov. to draw his warrant for $1200 in favor of DeGraffenreid. 4. Sec. IV. (Repeals conflicting laws.) Assented to December 21st, 1857. TITLE XXV. SAVANNAH MEDICAL COLLEGE. Sec. 1. $15,000 appropriated to Savannah Medical College. Sec. 2. How to be drawn. Sec. 3. One student from each Congressional Dist. of State to attend lectures free of charge, how select'd Sec. 4. Repealing clause. (No. 103.) An Act to extend aid to the Savannah Medical College. 1. Section I. Be it enacted, That the sum of fifteen thousand dollars be, and the same is hereby appropriated to and for the use of the Savannah Medical College, for the purpose of enabling the Board of Trustees of said College to meet the liablilities already incurred, in erecting their college building, and to enable said trustees to purchase a museum and library suitable for such an institution. $15000 appr. to Sav. Med. College. 2. Sec. II. Be it further enacted, That the said sum of fifteen thousand dollars shall and may be drawn from the Treasury of this State on the presentation of an order for the same, signed by the President of the Board of Trustees, and sealed with the seal of the College. Said appro'n may be paid upon order of the Pres't c. under seal of the College. 3. Sec. III. Be it further enacted, That one student from each Congressional District in this State, shall be entitled to receive instructions during each course of lectures in said College, free of charge; said students to be selected by the Representatives from their respective Congressional Districts. One student from each Cong. Dist. of this State to be instre'd free of ch'ge to be selec'd by Congressman. 4. Sec. IV. (Repeals conflicting laws.) * * Savannah Medical College incorporated in 1838, pam. 156. Assented to December 21st, 1857.

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TITLE XXVI. STATE OFFICERS. Sec. 1. Salaries of increased, Governor's $4,000 each Judge of Supreme Court, $3,500, each Judge of Superior Court $2,500. Sec. 2. Repealing clause. Sec. 3. Treasurer to sign seven coupons attached to bond No. 379 of State of Georgia. (No. 104.) An Act to increase the salaries of the Executive and of the Judges of the Supreme and Superior Courts of this State. Whereas, an enlightened and liberal policy on the part of the State, as well as justice to our co-ordinate departments of Government, commend to our attention the propriety of an increase of their salaries: Preamble- 1. Section I. It is therefore enacted by the General Assembly of the State of Georgia, That the salary of the Executive of the State of Georgia shall be four thousand dollars annually, the salaries of each of the Judges of the Supreme Court shall be three thousand and five hundred dollars annually, the salary of each of the Judges of the Superior Courts shall be twenty-five hundred dollars annually. Sal. of officers incre'sd Gov's sal'ry $4000 per an Judges of Supreme C't $3,500. Judges of Superior C't $2,500. 2. Sec. II. And be it enacted by the authority aforesaid, That all laws militating against the foregoing enactment be and the same are hereby repealed. * * Governor's salary before this act was $3000 per annum, Judges of Superior Court $1,800. See Cobb's Dig. p. 1032. Salaries of Judges Supreme Court were $2,500. Cobb 451. Repealing clause. Assented to December 22d, 1857. (No. 105.) An Act to authorize the Treasurer of this State to sign certain coupons herein named, and to require the payment of the same when due. 3. Section I. Be it enacted, That the Treasurer be and he is hereby authorized to sign seven coupons attached to bond number 379, of the State of Georgia, which have been neglected to be signed by the former Treasurer, and that said seven coupons be payable in the same manner as though they had been originally signed by the then Treasurer of the State. Treasurer to sign 7 coupons attached to bond No. 379. ASSENTED to December 22d, 1857.

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TITLE XXVII. TAX. * * See title Evidence, No. 34, as to entries of Tax Receivers. Sec. 1. The kinds of bills, c. the Tax Collectors to receive in payment of taxes. Sec. 2. Gov. by proclamation to Tax Collectors may exclude any banks, c. Sec. 3. Treasurer to issue notice of this Act to Tax Collectors. Sec. 4. Gov. to issue proclamation of the passage and substance of this Act. Sec. 5. 30 days longer allowed Tax Collectors for making their settlement, proviso. Sec. 6. This Act extended to State and county Treasurers, and revenue officers and collecting officers of W. A. R. R. Sec. 7. Tax Collector in each county to search out defaulters, enter their names and property not given in in a book, and double tax such defaulters and property. Sec. 8. Sec. 1. of Act Feb. 26, 1856, repealed. Sec. 9. Sec. 2d of Act March 3d, 1856, amended, inso'vent list. Sec. 10. Repealing clause. Sec. 11. Act of Feb. 26th, 1856, as relates to insolvent list repealed. Sec. 12. Tax Collector to lay before Grand Jury or Inferior Court. list of insolvents, on oath, and they to allow or not. Sec. 13. Grand Jury of Inferior Court may allow insolvent list. when. Sec. 14. To state how much allowed on State, and how much on co. tax. Sec. 15. Tax of insolvents, how collected and disposed of. (No. 106.) An Act to authorize the Tax Collectors of this State to receive in payment of the taxes of the citizens of the same for the year 1857, the bills of certain banks herein designated, and for other purposes herein enumerated. 1. Section I. The General Assembly of Georgia do enact, That the Tax Collectors of this State be and they are hereby authorized and required to receive in payment of the taxes of the citizens of this State, for the year 1857, in addition to the kind of funds they are now authorized to receive for said purpose, the bills of any bank or banks in Georgia whose bills are current and in general circulation at the time of receiving the tax of the people, and none other, and that the State Treasurer is hereby authorized to receive and receipt for the same in the same manner as though said banks were specie paying. Tax Collec's required to receive in payment of taxes for the year 1857, bills of all Ga. banks whose bills are cur. and in gen. cir'n and none others. State Treas. to receive and receipt for the same as if the b'ks were specie paying. 2. Sec. II. And be it further enacted, That for the better protection of the Treasury of this State, his Excellency, the Governor, may, by proclamation or other direction to the Tax Collectors, exclude any bank or banks that he may not consider good. 3. Sec. III. And be it further enacted, That the Treasurer be required to issue a circular notice to the Tax Collectors, notifying

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them of this Act, and directing their prompt and immediate attention to its instructions. Gov. by proclamation or otherwise may exclude banks, by him not concidered good Treas, to issue circular notice of it is Act to Collectors. 4. Sec. IV. And be it further enacted, That his Excellency, the Governor, be required to issue his proclamation immediately upon the passage of this Act, stating the fact of its passage, and the substance of the same. Gov. to issue proclamati'n of the existence and contents of this bill. 5. Sec. V. And be it further enacted, That the Tax Collectors be allowed thirty days in addition to the time now allowed by law, to make their settlements with the State Treasurer. Provided, that the provisions of this Act apply only to the collection of taxes for the year 1857. Tax Collectors allowed 30 days additional time to settle with State Treas. This Act applies to the year 1857 only. 6. Sec. VI. And be it further enacted, That the provisions of this Act be and the same are hereby extended to the State Treasurer, and to the county Treasurers, and to all other persons and officers authorized by law to collect the taxes and revenue of this State, and also to the collecting officers of the Western and Atlantic Railroad. * * REF. NOTE.By Act of 1804, sec. 21, Cobb 1051, taxes were required to be paid in spesie and bank bills of the United States or of its branches, c. By Act of 1828, sec. 19, Cobb 127, bills of Central Bank were made receivable in payment of taxes. By Act of 1852, Acts of 1851-'2, p. 292, sec. 19, in gold and silver, or bills of specie paying banks. This Act extended to State and co. Treas'rs and all revenue officers and col. officers of W. A. R. R. Approved November 19th, 1857. (No. 107.) An Act to amend the tax laws of this State. The General Assembly of the State of Georgia do enact as follows: 7. Section I. It shall be the duty of Tax Collectors in the several counties of this State to diligently search out such defaulters and the property in default in their respective counties, as may not be returned by the Receivers of Tax Returns, and to ascertain and enter in a book, to be kept by each of them, for that purpose, such defaulters, and the amount of taxable property in default, setting forth in all cases the real value of the property so in default, and double tax such defaulters and property so in default, and not returned by the Receiver of Tax Returns, and collect the same as now provided for the collection of other taxes, and to make a return thereof to the Comptroller General of this State, at the time of the final settlement with that officer. For this service, the said Collectors shall receive both Receiver's and Collector's compensations. Tax Col. to search out defaulters. Book with names and property of defaulters. Double tax: Collected as other taxes. Compensation. 8. Sec. II. And be it further enacted, That the Section of an Act in relation to allowing Tax Collectors an insolvent list by the Grand Jurors of the several counties of this State, approved February 26th, 1856, be and the same is hereby repealed. Sec. 1. of act Feb. 26, 1856 repealed. 9. Sec. III. And be it further enacted, That Section 2d of the Act approved March 3d, 1856, on this subject, be so amended as, in addition to the provisions thereof, to allow the Justices of the Inferior Courts of the several counties of this State, at any time, whether

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in term time or in vacation, to assemble and to allow the Tax Collectors their insolvent lists. Sec. 2d. of act March 3, 1856, amended. Justices of Inferior C't may allow insolvent list in vacation. 10. Sec. IV. (Repeals conflicting laws.) * * For Act 26th Feb. 1856, see Acts of 1825-'6, p. 136, and for Act March 3d, 1856. Ibid, p. 275. For various laws heretofore passed relating to defaulters of tax returns, see Cobb's Dig. pp. 1019, 1050, 1051 1054-5. Assented to December 22d, 1857. (No. 108.) An Act to repeal an Act approved February 26th 1856, entitled an Act in relation to allowing Tax Collectors an insolvent list by the Grand Jurors of the several counties of this State, and to amend the various laws for the collection of taxes. 11. Section I. Be it enacted, That all of the above recited Act, entitled an Act in relation to allowing Tax Collectors an insolvent list by the Grand Jurors of the several counties of this State, be and the same is hereby repealed. * * See Acts of 1855-'6 p. 136. See also No. 107. Act of Feb. 26th, 1856, repealed. 12. Sec. II. Be it further enacted, That the Collector in every county shall, on oath, be obliged to lay before the Grand Jury or Inferior Court of each county a list of such insolvents as may be in such county, on oath, who shall allow or disallow the same. Collector of each county to furnish list of insolvents to Gr. Jury, or to Inferior C't. 13. Sec. III. Be it further enacted, That the Inferior Courts of the several counties of this State or the Grand Juries thereof, may, at any time before the fifteenth day of December, of each year, allow the Tax Collectors their insolvent lists, and said insolvent lists can be allowed or disallowed, either upon the list of names furnished by the Collector, on oath, as above required, or on fi. fas. with the proper entries thereon. Inf'r C't or Gr Jury may allow Tax Collectors their insolv. lists before 15th Dec. in each year. 14. Sec. IV. Be it further enacted, That the Grand Juries or Inferior Courts, in making out said lists, be required to state how much is allowed the Collector on account of the State tax and how much is allowed on the county tax. Am't allowd Col. on acc't of State tax and on acc't of co. tax to be shown. 15. Sec. V. Be it further enacted, That when the Collector shall have his insolvent list credited, it shall be the duty of the Inferior Court or Grand Juries to retain a copy of such list and direct the Collector to issue executions for the same, and place them in the hands of some Constable of the county for collection, who shall be entitled to the same fees as he is entitled to for other executions, and two and one-half per centum, and the balance shall be paid by the Constable to the Clerk of the Inferior Court, whose duty it shall be to transmit the same to the Treasury. REF. NOTE.By Act of 1804, section 13, Cobb 1049, Tax Collector must lay before Grand Jury list of insolvents, on oath, who were to allow or disallow the same. By Act of 1812, section 8, no list allowed after execution issued vs. Tax Collector unless he went before Comptroller General and had it fairly adjusted. Cobb 1059. By Act of 1815, section 3d, Cobb 1061, there must have been two insolvent lists made out, one for the State and one for the county tax. By Act of 26th February, 1856, it was made the duty of Tax Collectors to make out lists of insolvent tax payers, with the amount due by each annexed, and lay them before the Grand Jurors of the second term of the Superior Court for every year which was to be allowed by them in whole or so much thereof, as they thought proper, and to return the list so allowed in their general presentments. By Act March 3d, 1856, Grand Juries might allow tax collectors their insolvent lists at any time before 15th of December in every year. Inf'r C't or Gr. Jury to retain copy of insol. list. Executions. Con.'s fees for executing To pay rem'r to cl'k Inf'r C't who shall send same to Treasurer. Assented to December 21st, 1857.

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GENERAL NOTES TO TITLE XXVII. SUP. C'T DECIS.1. Tax Receiver is entitled to no commission on county tax. 19 Georgia Reports 611. 2. A county tax originally illegal and void cannot be afterwards directed to any other legal purpose. 20 Georgia Reports 102. 3. The 8th section of the Act of 1804, Cobb 1017, giving action to informers, is still in force. Idem, 585. 4. Tax Collector's sale must be in the county where the property is. Idem, 639.

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STATUTES OF GEORGIA, 1857. PART II. LOCAL AND PRIVATE LAWS. TITLE I. ACADEMIES, COLLEGES, TEACHERS OF THE POOR, C. DIV. I.ACADEMIES AND COLLEGES. DIV. II.POOR SCHOOLS, TEACHERS, c. DIV. I.ACADEMIES AND COLLEGES. Section 1. Bainbridge Masonic Male Institute, incorporated. Section 2. Faculty, honors, course of studies. Section 3. Masonic Hall of Milledgeville, Trustees of, [Illegible Text], [Illegible Text]. Section 4. Act of March 5th, 1856, repealed. Section 5. Repealing clause. Section 6. [Illegible Text] of lot of Bainbridge Academy to Orion Lodge, valid. Section 7. Bowden Collegiate Institute. Section 8. Honors, degrees, c. Section 9. Officers, course of study, c. Section 10. General powers rights, c. Section 11. [Illegible Text] succession, vacancies. Section 12. [Illegible Text] of, exempt from tax. Section 13. Ethngham County Academy, Act of March 4th, 1846, repealed. Section 14. Glynn County Academy, [Illegible Text] of may [Illegible Text] property of the same, Act of [Illegible Text] pr viso. Section 15. Location c, of Brunswick, etc., evidence of. Section 16. Withholding funds of Academy, cos's, interest. Section 17. Doubtful titles, how adjusted. Section 18. Repeating clause. Section 19. Board of Trustees, Acts valid; Records, evidence, suits. Section 20. Election of officers, Quotum. Section 21. Property etc, controlled by board of trustees, production of documents, contempt, punishment as for. Section 22. Vacancy, No. of board 5, treasurer, [Illegible Text] not to be reduced, other powers etc, of Trustees. Section 23. Books of Treasurer, rights and [Illegible Text] of Trustees. Section 24. Hannah Moore Female [Illegible Text] Institute incorporated, powers, rights, etc. Section 25. [Illegible Text] etc. his powers. Section 26. Horors etc., diplomas, exercises, Trustees. Section 27. Repeating clause. Section 28. [Illegible Text] Male Institute. Section 29. Rights, powers, etc. Section 30. Principal and assistants, tuition; course of study, rules. Section 31. Personal and real estate, vacancies Section 32. By-laws, officers and teachers. Section 33. [Illegible Text] etc. Section 34. Board of trustees not more than 9, powers of. Sec, 35. Marietta Female College incorporated, powers, etc. Sec, 36. President, his powers etc., by laws, [Illegible Text] se of studies, [Illegible Text] Sec, 37. Diplomas, honors, etc. Sec, 38. Trus ees. Sec, 39. Property exempt from tax, one lady to be educated free of charge, selected by President. Sec, 40. Repeaping cause. Sec, 41. Young Physic Medical College [Illegible Text] ed, Sec, 42. Board of Trusees, diplomas, etc. Sec, 43. No person to practice the Young Physic art of healing, without [Illegible Text] or diploma. Sec, 44. Rights, powers, etc., St. John's Free [Illegible Text] name of changed to St. Paul's Free Chapel. Sec, 45. Rome Female College, how controll d. powers, etc., diplomas. Sec, 46. Cartersvil e [Illegible Text] Male and Female High School, gen, powers. Sec, 47. [Illegible Text] [Illegible Text] etc. Sec, 48. Trustees, Quoium, by laws. Sec, 49. [Illegible Text] succession, by laws, etc. Sec, 50. Trustees may appoint and remove president, etc. Sec, 51. Shall fix course of studies, salaries, [Illegible Text] Sec, 52. Honors degrees, etc. Sec, 53. Trustees shall have power to form, what. Sec, 54. Repealing clause. Sec, 55. Trustees of Trenton Aeademy to sell it. Sec, 56. Proceeds, how applied. Sec, 57. Tules, when to be made, Sec, 58. Bonds to be taken in double the amount. Sec, 59. Repealing clause, Sec, 60. Executive Committee of Washington [Illegible Text] powers, etc. Sec, 61. Further rights, powers, etc. Sec, 62. The West Bap. Association, powers, etc. Sec, 63. Officers, appointment of. Sec, 64. 1st section of Act 17 h Feb. 1854, [Illegible Text] Sec, 65. 4th section of charter amended, vacancy, how [Illegible Text] Sec, 66. 5th section of charter [Illegible Text]

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(No. 109.) An Act to incorporate the Bainbridge Masonic Male Institute, and for other purposes. 1. Section I. Be it enacted, That the Master and Wardens, for the time being, of Orion Lodge No. 8., of Free and Accepted Masons, with such other persons as they may, from time to time, associate with them, be and they are hereby incorporated, and made a body politic and corporate, under the name and style of the Bainbridge Masonic Male Institute, and by that name, may sue and be sued, contract and be contracted with, make, have and use a common seal, purchase, take, lease, have and hold, sell and convey, and otherwise receive and dispose of property, both real and personal, may elect or appoint in such manner as they may determine, all necessary professors, teachers and other officers as may be necessary, fix their compensation and define their duties; may ordain and establish such by-laws, rules and regulations, for the government of their affairs, and enjoy all such rights, powers and privileges as are necessary or properly incidental to them as a body corporate, and may have perpetual sucsession. Corporators. The Bainbridge Mas, Male Inst. incorporat'd Powers, rights, etc. Teachers, etc. By-laws 2. Sec. II. And be it further enacted, That the persons above incorporated, shall have power and authority to establish a Faculty for said Institute, and appoint a President thereof, and said President and Faculty, shall have power and authority to confer such honors and degrees, as are usually conferred in Colleges and Universities, and to grant such certificates and diplomas as are usual in such cases, in such manner and style as they shall deem appropriate, and shall prescribe and fix the course of studies to be pursued and taught in said Institute. Faculty etc, President. Honors, degrees, etc. Diplomas. Course of study. 3. Sec. III. And it is further enacted, That the eighth section of an Act to incorporate the Trustees of the Masonic Hall in the town of Milledgeville, * * See Acts 1831, pam. p. 251. be and the same is hereby amended so as to authorize the remaining Trustees to fill, by election, such vacancies as may have occurred in said corporation, and the number of said Trustees be hereafter reduced to five, a majority of whom shall be competent to transact the business of said corporation. Mas. Hall in Milledgeville Vacancies. No. of Trustees. Quorum. 4. Sec. IV. And be it further enacted, That the Act amendatory of the above entitled Act, approved March 5th, 1856, See Acts of 1855 and 1856, page 479. be, and the same is hereby repealed. 5. Sec. V. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 110) An Act to make legal the sale of the Bainbridge Academy lot. Whereas, on the twenty-first day of July, eighteen hundred and fifty-seven, Joseph Law, John M. Potter and Alexander A. Allen,

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Trustees of the Bainbridge Academy, in the county of Decatur, did, by deed, sell to Orion Lodge number 8, Free and Accepted Masons, the Bainbridge Academy lot. And, whereas a question may arise as to the authority of the said Trustees to make said sale; and, whereas it will tend to the advancement of education for said sale to be confirmed: Preamble, 6. Sec. I. It is therefore enacted, That the deed of conveyance from the Trustees of Bainbridge Academy to Orion Lodge No. 8, F. and A. M., of the Bainbridge Academy lot, as referred to in the foregoing preamble to this Act, be and the same is hereby declared legal and binding, and that the said Orion Lodge be and is hereby confirmed in all the rights in said deed of conveyance set forth. deed from Trus. of Bainbridge Academy to Orien Lodge etc. made valid. Assented to December 21st, 1857. (No. 111.) An Act to incorporate the Bowden Collegiate Institute, to appoint Trustees for the same, and to confer certain privileges. 7. Sec. I. Be it enacted, That from and after the passage of this Act, Charles A. McDaniel, John M. Richardson, John B. McDaniel R. S. Tommie, N. Shellnut, Samuel Copeland and H. M. Westbrook, 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 the Bowden Collegiate Institute, in the county of Carroll. Corporators. Trustees of Bowden Coll. Inst. incorporat'd 8. Sec. II. And be it further enacted by the authority aforesaid, That the said Trustees and Teachers shall have power and authority to confer such honors, degrees, medals and privileges as are usually conferred in Colleges and Universities, to grant diplomas in such manner and style as they may deem appropriate. Honors, degrees, etc. Diplomas. 9. Sec. III. And be it further enacted by the authority aforesaid, That said Trustees, or a majority of them, shall have power to appoint a principal for said Institute, and said principal shall have the right to appoint assistants, prescribe a course of studies, to make and enforce all such laws as the interest of said Collegiate Institute may require, establish the rates of tuition, and to adopt all such regulations as the interests of said Institute may require. Provided, such principal shall employ such assistant teacher, prescribe such a course of studies, and shall establish such rates of tuition as meets with the approval of said Trustees or a majority of them. Prin. and assistants. Course of study. Tuition. Regulations. Trust. must approve of them. 10. Sec. IV. And be it further enacted by the authority aforesaid, That said trustees and their successors in office, under the name and style aforesaid, shall be capable of suing and being sued, pleading and being impleaded, also to have, take, possess or acquire by gift, grant or purchase, lands, tenements, hereditaments, goods, chattles and other estates, to be used for the purposes aforementioned only. Gen. powers etc. 11. Sec. V. And be it further enacted by the authority aforesaid, That the Trustees aforesaid, in their corporate capacity, character and name shall have perpetual succession, and when any vacancy shall

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occur in said board of trustees by death, resignation, or otherwise, the remaining trustees, or a majority of them, shall have power to fill such vacancy. Perpetual succession. Vacancies, how filled. 12. Sec. VI. And be it further enacted by the authority aforesaid, That said Collegiate Institute with all the apparatus attached thereto, as also the lot upon which it is situated, shall be exempt from State and county taxes. Exempt from taxes. Assented to December 22d, 1857. (No. 112.) An Act to repeal an Act to provide for the election of Trustees of Effingham County Academy, and for other purposes, approved March 4th, 1856. 13. Sec. I. Be it enacted, That the Act to provide for the election of Trustees of Effingham County Academy, and for other purposes, approved 4th March, 1856, * * See Acts of 1855 and '56, page 300. be and the same is hereby repealed. Act of Mar. 4th, 1856, repealed. Assented to December 15th, 1857. (No. 113.) An Act to authorize the Trustees of Glynn County Academy to lease or sell the academy building and estate of said academy, and to protect the property and collect the funds of the same, and for other purposes therein named. See No. 114. 14. Sec. I. Be it enacted, That the Trustees of Glynn County Academy, are authorized to lease or to sell and convey any of the Academy buildings, and real estate of said Academy, situate in the old town of Brunswick, which has been assigned, appropriated or reserved for or dedicated to said institution, or heretofore authorized to be sold for the use and benefit of said Academy, by any of the former Acts of the Legislature of this State, and to convey the right and title of said Academy, and of the State, in all the lands situate in said old town, which are hereby confirmed to said Academy, to low water mark on Turtle river; and it shall be the duty of said Trustees to proceed to make available said estate for said Academy; and for this purpose they are authorized to make any arrangement or conveyance, or to adopt any measures which they may deem proper, and to exercise all the rights of the State, and of said Academy, to any of said lands, and for their recovery and the protection of the title of said Academy to them, and no provision of the Act approved March 6th, 1856. [Dagger] [Dagger] See Acts of 1855 and '56, page 233. limiting the time in which suits in the Courts of law in this State must be brought, shall be construed to bar the right of said Academy to recover any of said property, and

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no grant of said lands obtained in violation of the 6th section of the Act of February 21st, 1796, shall be construed to give color of title to any person or be available for any purpose to any party. Provided, that nothing in this section of this Act shall be construed as to divest any rights already vested under either of the above recited Acts, on account of the Statute of limitations having fully run in any case, and the title having become perfect by virtue thereof, previous to the passage of this Act. Trustees of Glynn Co. Acad. may sell property of the Acad. May adopt all necessary measures. Statute of limitations does not run against the Academy. This Act not to affect vested rights. 15. Sec. II. And be it further enacted. That a copy of the resurvey and plan of George Davis, returned by the commissioners, July 16th, 1796, of the town and commons of Brunswick, deposited by the commissioners appointed under the said Act of February 21st, 1796, and now filed in the Surveyor General's office at Milledgeville, shall be sufficient evidence of the original survey and location of the town and commons of Brunswick, or the boundaries thereof, and of the parts therein stated, relating thereto by the authority of the State, and that a copy of the survey and plan of George R. Baldwin of said old town, dated May 25th, 1837, and now used as the plan of said old town, is hereby adopted as a correct delineation and location of the lots situate therein, according to their original location, and the resurvey and plan aforesaid of said George Davis, and both said surveys and plans, shall be recorded upon the records of said Academy, and a certified copy of the same, by the secretary thereof, may be used as evidence instead of the original. The resurvey and plan of George Davis for what used, The resurvey of George R Baldwin, how used, To be recorded, 16. Sec. III. Any person or persons who withhold or refuse to pay over or surrender any funds or amount due, or for which they are liable to said Academy, shall pay all the costs and expenditures of said Trustees, and of said Academy fund, in recovering the same, to be taxed as costs in any suits or proceeding against any such persons or party, and shall be required to pay a rate of interest according to the provisions of the Act of December 20th, 1824, entitled an Act to compel persons holding Academy funds in their hands to pay interest in certain cases. Persons withholding funds etc, To pay costs etc. Interest, 17. Sec. IV. At any regular meeting, all the members of the board being present, by a vote of any four (4) of their number, in favor of the measure, the board, at its discretion, may adjust, with individuals who may have been actual bona fide purchasers and occupants, any meritorious or doubtful claim, and execute titles accordingly, and for such consideration as they may deem reasonable and just, not to exceedlots in all, and the exercise of this power shall be limited to two years after the approval of this Act. Doubtful titles, how adjusted, 18. Sec. V. (Repeals conflicting laws.) Assented to December 22d, 1857.

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(No. 114) An Act additional to the former Acts relating to Glynn County Academy and its estate, confirming the election and acts of the present acting board of Trustees, and more fully defining their numbers, powers and duties, and for other purposes. * * See No. 113. 19. Section I. Be it enacted, That James Houston, John M. Tison, Samuel M. Barnett, Jacob W. Moore and J. M. Timmons, having constituted the acting board of Trustees for said Academy, since their election by the Grand Jury of Glynn county, at the April term of the Superior Court of said county, A. D. 1855, are hereby constituted the board of Trustees of Glynn County Academy, and clothed with the rights, duties and powers of any former boards, and all their acts, contracts, agreements, suits, records and proceedings, done and performed as said Trustees, are hereby confirmed, and for all purposes made valid and binding upon and in favor of said corporation; and a copy of their records, certified by the Secretary, shall be sufficient evidence thereof, and suits and bills in equity now instituted or to be instituted, may be prosecuted in their names as said Trustees in behalf of said corporation, with or without amendment as to parties or form, or in the name of the Trustees of Glynn County Academy. Glynn Co. Academy. Board of Trustees. Acts made valid. Certified copy of records evidence. Suits, etc. 20. Sec. II. The Board, when convened, shall elect its own officers without restriction, and for the purposes of a temporary organization, James Houston shall be chairman, Jacob W. Moore, Secretary, and George N. Phillips, Treasurer of said corporation; and the chairman shall be authorized to call the first meeting of said Trustees at Brunswick, and no less number than four of said board shall constitute a quorum for the transaction of business. Election of officers. Temporary officers. Quorum. 21. Sec. III. All the property, property, real and personal, stocks and other funds of the corporation, and all books, records, certificates of stock, evidences of debt and of titles, maps and plans, and all other documents and papers belonging to said Institution, are required to be placed into the possession and under the immediate control of the board of Trustees, and made subject to their order, and the Judge of the Superior Court of the district, as Chancellor, sitting at chambers in vacation, is authorized and required to adopt any measure or order or process he may deem necessary to ascertain the existence and location of all said documents and records, and to cause them to be brought before him, and delivered as aforesaid, and to examine persons and parties under oath, at chambers, and then and there punish as for contempt, every person who shall neglect or refuse to comply with the said order of the Court, or the provisions of this Act. Property, funds, stock etc, to be under control of Board of Trustees. Chancellor to adopt measures to compel production of documents, etc, To punish for contempt 22. Sec. IV. The Grand Jury of Glynn county shall fill all vacancies in the Board of Trustees, whose number shall be five, and the Trustees shall annually elect their own officers, and the Treasurer thereof shall give a bond with sufficient sureties, satisfactory to said Trustees, and shall hold the funds of said corporation, subject only to the written order of said board, which shall constitute his vouchers and protection; but in no event shall the principal of the fund now invested in bank stock, in the three banks of Savannah, be reduced or diminished by the orders of said board, but only the income thereof shall be used, but the funds invested in said stocks may be invested in other safe public stocks, should the safety or interests of said Academy fund require it in the opinion of said Trustees; and the receiver of said Academy is dispensed with, and his duties shall be discharged and his powers exercised by the board of Trustees. Vacancy in board, Board to consist of 5 Treasurer. Prin. not to be reduced. Trust's may invest funds in other stocks. Receiver dispensed with, and his duties performed by Trust. 23. Sec. V. The books and accounts of the Treasurer shall be under the control and open to the inspection of said Trustees, and no Trustee shall be personally liable to the corporation for acts done by him in good faith in his official capacity, nor for the fault or neglect of his associates to which he does not assent, and any four members of the board may remove the Treasurer from office, or vacate the seat of one of their own number, for neglect of duty or such other cause as they deem sufficient and necessary for the protection of the interests of said Institution, Books, etc, under inspection of Trustees, Trustee not personally liable, Removal. Assented to December 21st, 1857. (No. 115.) An Act to incorporate Hannah Moore Female Collegiate Institute, located in Decatur, Georgia, and to confer powers on the same. 24. Section I. Be it enacted, That from and after the passage of this Act, John S. Wilson, President, and any number of Trustees he may hereafter appoint, not exceeding seven, and their successors in office, be and they are hereby constituted a body corporate for the purpose of education, under the name and style of the Hannah Moore Female Collegiate Institute; and as such, may have a common seal, sue and be sued, plead and be impleaded, answer and be answered unto, and shall have, take and hold by gift, grant, bequest, or otherwise, real or personal estate, or other property, corporeal or incorporeal, for the purpose aforesaid. Corporators. Objects. Hannah Moore Collegiate Instit'e incorpor't'd. Gen'r'l powers, rights, etc. 25. Sec. II. Be it further enacted, That the President of said Hannah Moore Female Collegiate Institute shall have power to appoint such number of Professorships, and employ such number of Professors or assistants as he shall deem necessary, and may make and enforce all such by-laws, rules and regulations as the well being of the Hannah Moore Female Collegiate Institute may require, or he shall deem expedient; provided, the same be not contrary to the constitution and laws of this State, or of the United States; may prescribe a course of study, establish the rates of tuition, and to do and perform all other things that the good of said Hannah Moore Female Collegiate Institute may require. President, his powers. Professorships and Professors. By-laws. Course of study. Rates of tuition. 26. Sec. III. Be it further enacted, That said President and Professors or Assistants, shall have power and authority to confer

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such honors, degrees, medals, and privileges as are usually conferred in colleges and universities; to grant diplomas in manner and style as they shall deem appropriate, and the President, or such individual as he shall appoint, shall preside at the public exercises of the Hannah Moore Female Collegiate Institute. That the President shall appoint trustees, if he shall deem such appointment desirable, and not otherwise, and the failure to do so shall not in any way affect this charter. He shall fill all vacancies, and said corporation shall have perpetual succession. Honors, degree, etc. Diplomas. Public exercises. Trustees. 27. Sec. IV. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 116.) An Act to incorporate Hilliard Male Institute, in Monroe county, and to appoint Trustees of the same. 28. Section I. Be it enacted, That from and immediately after the passage of this Act, Joseph R. Banks, Armenius Wright, J. Dickson Smith, A. D. Hammond, John M. Marshall, Parker E. Johnson, James M. Mays and James M. Parsons, and their successors in office be, and they are hereby constituted a body politic, by the name and style of the Trustees of the Hilliard Male Institute. Corporators. Hilliard Male Institute incorporated. 29. Sec. II. And be it further enacted by the authority aforesaid, That said trustees and their successors in office, under the name and style aforesaid, 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 estates to be used for the purposes of education only. Rights, powers, etc. 30. Sec. III. 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 said Institute, and also assistants to the same, and establish the rates of tuition, and the said Principal shall have the right and power to prescribe a course of study, and to make and adopt all such rules and regulations as the good of said Institute may require. Principal assistants. Tuition. Course of study. Rules, etc. 31. Sec. IV. And be it further enacted, That the said trustees shall be capable of holding personal and real estate, all gifts, grants and immunities, which may now belong to said Hilliard Male Institute, or which may hereafter be conveyed to the trustees thereof, or to 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 the said trustees, the survivors, or a majority of them, shall fill such vacancy. Powers. Vacancy how filled. 32. Section V. And be it further enacted, That the trustees aforesaid, in their corporate character and name, shall have perpetual succession; and said board of trustees, or their successors in office, or a majority of them, shall have power to make such by-laws and rules for the government of the board, and management of said Institute as they may deem proper and fit for said Institute, and the

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board of trustees aforesaid; and that said trustees shall have power to elect all officers and teachers of said Institute, and those so elected, to discontinue or remove, whenever they think proper. Provided, that nothing in this Act be rpugnant to the constitution and laws of the State of Georgia, and of the United States. [Illegible Text] By-laws, Officers and teachers, how elected. 33. Sec. VI. 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 colleges and universities, and shall preside at all the public exercises of the Institute. Honors, degrees, etc. 34. Sec. VII. And be it further enacted, That said board of trustees shall not consist of more than nine in number, and shall have power to sell scholarships for any term of years, and possess all other needful powers to manage said Institute with prudence and discretion, not specified in this Act. Provided, said power be not violative of the constitution and laws of the State of Georgia, and the constitution of the United States. Board of trustees not to exceed 9 in number. Powers of trustees. Assented to December 16th, 1857. (No. 117.) An Act to establish and incorporate a Female College in the city of Marietta, to be called the Marietta Female College, and to confer powers on the same, with certain rights, powers and privileges therein named. 35. Section I. Be it enacted, That William H. Robert, President, and his successors be, and are hereby constituted a body corporate for the purposes of education, under the name and style of Marietta Female College, and as such may have a common seal, sue and be sued, plead and be impleaded, answer and be answered unto, and shall have, take and hold, by purchase, by gift, or otherwise, any real or personal estate, or any other property, corporeal or incorporeal, for the purposes aforesaid, with the right and privilege to transfer, the same by sale or otherwise, together with the rights and privileges under and in this charter; and said corporation shall have perpetual succession. Marietta Female College incorpor't'd. Rights, powers, etc. Perpetual succession. 36. Sec. II. Be it further enacted, That the President of said College shall have the sole right and power to create such number of Professorships, and employ such number of Professors, or assistants, or both, as he may deem necessary for the interest and prosperity of said College; and to make and enforce all such by-laws, rules and regulations as the well-being of the said Marietta Female College may require, in the opinion of said President; provided, the same be not contrary to the constitution and laws of this State, and the constitution of the United States. Said President shall have the power to prescribe the course of study, and to establish the rates of tuition, and do and perform all other things necessary for the interest of the College. Professorships, Professors, etc. Powers of the Presid't. By-laws. Course of study, rates of tuition. 37. Sec. III. Be it further enacted, That the President, with the assistance of the professors or assistants, as the case may be, shall have power and authority to confer such honors, degrees, medal

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and privileges, as are usually conferred in colleges and universities; to grant diplomas, in such manner and style as the President may deem most appropriate, and at the public exercises of said college, the President or such individual as he may appoint, shall preside. Honors, degrees, etc. Diplomas. President to preside, etc. 38. Sec. IV. Be it further enacted. That the President of said College shall have power and authority to appoint a board of trustees annually, to consist of not less than seven, nor more than fifteen, provided he should deem it necessary or desirable, and not otherwise, with power to fill all vacancies in said board of trustees; said board of trustees, when appointed, is to be known as an advisary body only, and for no other purpose whatever; and any omission in making said appointment, shall not in any way affect this charter, or its rights under it; neither shall they be made parties to any suit that may be instituted under this charter, for any purpose. Trustees etc. Board to consist of not less than 7 nor more than 15. Vacancy, how filled. Trustees only advisary body. Omission to appt. not to affect charter. 39. Sec. V. Be it further enacted, That the real and personal property of said corporation shall be, and the same is hereby exempted from all taxation, so long as the same is used for the purpose of education; and in consideration of this exemption, one young lady, from any part of the State, fitting for a teacheress, and unable to pay her tuition. may at all times be educated in Marietta Female College, free of charge. Choice of the pupils from the list of applicants, vested, in all cases, in the President. Trustees not to be parties to suit. Property exempt from taxation. One scholar to be educated free of charge. 40. Sec. VI. (Repeals conflicting laws.) President to select. Assented to December 16th, 1857. (No. 118.) An Act to incorporate the Young Physic Medical College of the State of Georgia, and to change the name of the St. John's Free Chapel, in the city of Savannah. 41. Section I. Be it enacted, That a Board of Trustees, consisting of Doctors John Miller, James Floto, William Barns and T. Carleton Coyle, the proprietor, and professor, and their successors, and such assistant professors as the said Coyle deems necessary to execute full courses of lectures, are hereby established a body corporate, under the style and title of the young Physic Medical College of the State of Georgia, and by that name may sue and be sued, plead and be impleaded in any Court of Law or Equity in the State of Georgia. Corporators. Object. The Young Ph. Medical College of the State of Ga. incorporated. 42. Sec. II. Be it further enacted, That said board of Trustees shall consist of physicians therein named, and such other physicians as the said Coyle may select, to be present, and aid the professors in the examination of students, candidates for graduation, at the time appointed on such occasions. T. Carleton Coyle, and his assistant professors, shall have power to grant diplomas, confer degrees and licenses upon all persons who, on examination, shall be found proficient in the branches of medical science, as taught in the present day, entitling said graduates to all the honors, privileges,

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benefits and immunities usually conferred by the most approved Medical Colleges in the United States. Board of trustees. Diplomas, etc. 43. Sec. III. Be it further enacted, That said corporation shall keep a record book, in which shall be entered copies of all the licenses that shall be issued by the corporation, and that no person shall be permitted to practice the Young Physic Art of healing for fee or reward, or to receive compensation for attending, as a physician, in the State of Georgia, unless such person shall have obtained a diploma from some Medical College, or license from some Medical Board in this State, and having been in practice for at least one year in some well appointed Young Physic hospital, to such person and upon such evidence of qualifications as in their judgment of the board of examination shall entitle him to a license. License to be recorded. Not to practice without lecense. 44. Sec. IV. Be it further enacted, That the said Coyle, and his associates, are hereby required to procure and keep a public seal with such device or devices as they may deem suitable, and have power to make such by-laws and regulations as may be deemed necessary for the government, not conflicting with the laws of this State, and may hold real or personal estate, not exceeding ($50,000) fifty thousand dollars, by gift, bequest or purchase. By-laws, common seal. Real and pers'l estate not above $50.000. And be it further enacted, That the rights heretofore granted to the St. John Free Chapel, in Savannah, are confirmed; that the name of the Church Wardens and Vestry of the Protestant St. John's Free Chapel, in the city of Savannah, shall be, and it is hereby changed to that of the Church Wardens and Vestry of Saint Pauls Free Church, in the city of Savannah. Name of St. John Free Chappel in Sav. ch'ng'd to Church Wardens Vestry of St. Paul's Free Church. Assented to December 22d, 1857. (No. 119.) An Act to ncorporate the Rome female College and the Cartersville Masonic male and female High School. 45. Section I. Be it enacted, That W. S. Cathran, Lockridge R. J. Johnson, N. J. Omberg, A. M. Sloan, Robert E. Ward, and their associates and successors, be declared a body corporate, with corporate powers, under the name and style of the Rome Female College, located at Rome, Georgia, under the direction and control of the Synod of the Presbyterian Church of the State of Georgia, and the said corporate body shall have power to own and purchase property, (both real and personal,) and receive endorsements to the amount of one hundred thousand dollars, and to elect faculty and teachers, and pass by-laws and rules and regulations, as are necessary, not inconsistent with the laws of this State or of the United States. And may grant or have granted, or bestow diplomas to graduates in said college and to have and enjoy all such corporate rights and privileges as are necessary for the welfare and prosperity and good management of said institution. Corporators. Rome Female College incorporated. Under control of Presb. ch. of State of Georgia. Powers, etc. Diplomas. 46. Sec. II. And be it further enacted by the authority of the same, That Robert M. Young, Edward D. Puckett, Henry P. Farrow,

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Lewis Tumlin, William H. Felton, Ira R. Foster, David W. K. Peacock, John J. Howard, James C. Jones, Uriah Stephens, John A. Erwin, Jesse Wikle, William W. Rich, and James A. Maddox, James G. Ryals, J. R. Parrott, and James Milner, and their successors in office, be and they are hereby constituted a body corporate and politic, by the name and style of Cartersville Masonic Male and Female High School, and that the trustees and their successors in office, under the name and style aforesaid, may have and use a common seal, and shall be capable of suing and being sued, pleading and being impleaded, also to have, take and receive, possess and acquire by gift, grant or purchase, lands, tenements, hereditaments, goods, chattels or other estate, and the same to use, lease, improve and convey in fee simple. Corporators. Cartersville Mas'nc male and female high school incorporated: General powers, etc: 47. Sec. III. And be it further enacted, That the trustees aforesaid, and their successors in office, shall be empowered to receive all gifts, grants, legacies, privileges and immunities, which may be made or bequeathed to them, that no misnomer of the corporation or other technical error, shall prevent its rights from vesting, when it may appear, or shall be ascertained that it was the intention of the party or parties, to give, grant, bequeath or devise any estate, property, right or interest to said corporation. Power to receive gifts, etc. 48. Sec. IV. Be it further enacted by the authority aforesaid, That the said trustees and their successors in office, or any five of them, who shall constitute a quorum for the transaction of any business, shall have power and authority to make all such laws, rules and regulations for the government of said school as they may deem fit and proper; provided nothing in such by-laws, rules and regulations, be repugnant to the Constitution and laws of the State of Georgia or of the United States. Quorum. By-laws. 49. Sec. V. And be it further enacted, The trustees aforesaid, in their corporate character and name shall have perpetual succession, and when any vacancy shall occur, by death, resignation or otherwise, the said board of trustees or any five of them, shall have power to fill such vacancy. Trust's may fill vacanc's. 50. Sec. VI. And be it further enacted, That the trustees or any five of them, constituting a quorum, shall have power to appoint a president, professors and tutors, and all other officers they may think necessary for said school, and the same or any of the same, to discontinue and remove when they think fit, providing a majority of the board present concur in such removal. President, [Illegible Text]. etc. may be appointed and removed by Trustees. 51. Sec. VII. Be it further enacted, That the trustees shall prescribe the course of studies to be pursued and taught in said school, appoint and fix the salaries of said officers, establish the rates of tuition, adjust the expenses, and adopt such regulations not otherwise provided for as they deem necessary for the interest of said school. Course of study, salaries, tuition, etc. 52. Sec. VIII. And be it further enacted, That the president of the said school, by and with the consent of the trustees, shall have power to confer all such honors, degrees and licenses as are usually conferred in colleges or universities, and shall preside at all public exercises of the school. Honors, degrees, etc. 53. Sec. IX. And be it further enacted, That the trustees of

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the said Cartersville Masonic male and Female high school, or a majority of the same, shall have power to form anew in place of said Cartersville Masonic Male and Female High School under such style and name as they may designate, with the same powers and privileges granted by the foregoing Act to the Cartersville Masonic Male and Female High School, to be located within the corporate limits of the town of Cartersville or its vicinity. Trust's shall have power to form, what? 54. Sec. X. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. (No. 120.) An Act to authorize and require the Trustees of Trenton Academy, to sell said academy, together with lot of land upon which it is located, and to pay one moiety of the proceeds to the trustees of Trenton Male Academy, the other moiety to the Trustees of Trenton Female Academy, to be by them applied to the building of Male and Female Academies in, or near the town of Trenton. Whereas, Trenton academy was built for a male and female academy, and experience has proved that the buildings, location, c., are wholly unfit for that purpose. Preamble. 55. Section I. Therefore, be it enacted, That the trustees of Trenton Academy be authorized and required to sell said academy to the highest and best bidder, in the town of Trenton, on the first Tuesday in January next, upon such terms as they may think will best promote the interest of Trenton male and female academies, provided they shall not sell it upon a longer credit than twelve months. Trenton academy to be sold 1st Tuesday in Jan. 1858. Not to be sold on longer than 12 months credit. 56. Sec. II. The said trustees shall pay one-half of the proceeds of the sale of said academy and lot upon which it is located, to Ephraim T. Rogers, James M. Hall and William J. Taylor, trustees of Trenton Male Academy, and shall be by them and their successors, to be appointed by the Inferior Court of Dade county, applied to the building of a suitable house for a male academy in or near the town of Trenton, upon such lot of ground as the said Trustees or their successors may select for that purpose. The other half to be paid over to Emanuel Mann, Robert H. Tatum, Benjamin Brock, John B. Wilkinson, Jun. and W. E. Brock, trustees of Trenton Female Academy, to be by them and their successors, to be appointed by the Inferior Court, applied to the building of a suitable house for a female academy in or near the town of Trenton, upon such lot of land as they have selected or may hereafter select for that purpose. Half proc'ds paid to trustees of Trenton male academy. To be applied to building a house for male accademy. A half to trustees of Trenton fe. academy, to be applied in same way. 57. Sec. III. The said trustees of Trenton Academy are hereby fully authorized to make titles to the purchaser of said academy and lot upon the payment of the purchase money. Titles to be made upon payment of purchase money. 58. Sec. IV. The said trustees of Trenton Academy shall require the trustees of Trenton Male Academy and the trustees of Trenton Female Academy to make a bond with approved security, payable

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to the Inferior Court of Dade county, in double the amount paid to them for the faithful disbursement of the amounts received by each of them according to the provisions of this Act, which may be sued in any Court having cognizance of the same, provided they do not faithfully appropriate the means received by them. Bonds to be given in dou ble the am't received. 59. Sec. V. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. (No. 121.) An Act to incorporate the Executive Committee of the Washington Institute of the State of Georgia. 60. Section I. Be it enacted, That from and after the passage of this Act, that D. W. Lewis, W. J. Harly, T. J. Smith, T. H. Latiner, J. Ray, Dr. J. Stowe, Wm. Hall, J. B. Gonder, and G. Adams, who compose the present Executive Committee of said Washington Institute, and their successors in office, shall be, and they are hereby declared to be a body corporate by the name and style of the Executive Committee of the Washington Institute of the State of Georgia, and by the said name and style, shall have perpetual succession, and power to use a common seal, to alter and amend the by-laws of the same; provided such by-laws be not repugnant to the laws and constitution of this State, or the United States. Corporators Executive Committee of the Wash. Institute incorporated. Powers. 61. Sec. II. And be it further enacted by the authority aforesaid, That the Executive Committee aforesaid, and their successors in office elected agreeable to the constitution of said Washington Institute, shall have full power and authority under the name and style of the Executive Committee of the Washington Institute of the State of Georgia, by which name they shall sue and be sued, in any Court of law or equity in this State, and to take, hold and enjoy any real or personal property, to sue for and recover all sum or sums of money now due, or may hereafter become due to said Washington Institute, at any Court of law or equity in this State, or at any tribunal having jurisdiction thereof, and the rights and privileges of said Washington Institute, to defend in any tribunal whatever; also to receive any bequest or donations whatever, made to said Washington Institute, and they shall be vested with all powers, privileges and advantages of a society incorporated. Rights, Powers, etc, ASSENTED to December 22d, 1857. (No. 122.) An Act to incorporate the Western Baptist Association and to amend the charter of the Southern Female College of LaGrange. 62. Section I. Be it enacted, That E. B. Teague, James Culberson, William H. Davis, Otis Smith, Thomas J. Bacon, U. B. Wilkinson, John Jones, and others, members of the Western Baptist Association in Georgia, and their successors and associates be and they are hereby incorporated and made a body politic and corporate,

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by the name and style of the Western Baptist Association, by which name they are authorized and empowered to sue and be sued, and to receive hold and dispose of any property granted, given, conveyed or devised to them for the purposes of the Association. Corporators. West'n Bap. Ass. incorporated. Powers, rights, c. 63. Sec. II. And be it further enacted by the authority aforesaid, That the members of said incorporation be and they are here-by authorized to appoint all necessary 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. Officers, how appointed. 64. Sec. III. And be it further enacted by the authority aforesaid, That the first section of an Act entitled an Act to incorporate the LaGrange Collegiate Seminary for Young Ladies be and the same is hereby so altered and amended as to substitute John A. Foster and Henry E. Brooks and their successors and assigns, as principals instead of Milton E. Bacon, and they and their successors and assigns shall occupy in all respects the same legal position, in relation to the property of said incorporation, under its name, as changed by the Act of this Legislature, approved on the 17th day of February, A. D. 1854, * * See Acts of 1853-'4, p. 131. Also Acts of 1851-'2, p. 311. as that occupied by said Milton E. Bacon, under the provisions of the original charter. 1st sec. of act incorporating the LaGrange Col. Sem'ry amended. 65. Sec. IV. And be it further enacted by the authority aforesaid, That the 4th See Acts of 1847, pam. 120. section of the aforesaid original charter be so altered and amended as to read as follows: The said principals and trustees now existing for the Southern Female College of LaGrange shall have perpetual succession, and all vacancies which may here-after occur in the Board of Trustees, by death, resignation or otherwise, shall be filled in the following manner: One-half to be appointed by the said John A. Foster and Henry E. Brooks, or their successors and assigns, as principals, and one-half by the Western Baptist Association, and so on in proportional ratio to the relative ownership of the said principals and the said Western Baptist Association, in the property of the incorporation. 4th sec. of orig. charter amended. Vacancies how filled. 66. Section V. And be it further enacted by the authority aforesaid, That Section 5th, of said original charter be and the same is hereby repealed, and that all laws and parts of laws militating against this Act be and the same are hereby repealed. 5th sec. of charter repealed. Repealing clause. Approved December 16th, 1857.

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DIVISION II. POOR SCHOOLS, TEACHERS, c. Sec. 67. Academical Fund of Madison co., attached to poor school fund. Sec. 68. Trustees of academy to pay over moneys, c., to Ordinary. Sec. 69. Repealing clause, poor schools of Gordon and Gilmer counties. Sec. 70. Each militia district of Gordon to be a school district. Sec. 71. District Treasurer, his election. Sec. 72. Treasurer's bond. Sec. 73. Ordinary, when to pay out money. Sec. 74. Treasurer's duties in paying teachers. Sec. 75. List of poor children, when and by whom made, c. Sec. 76. Ordinary's duties. Sec. 77. Ordinary's compensation. Sec. 78. Teachers, how to obtain pay. Sec. 79. Board of Trustees, its duties. Sec. 80. To meet quarterly, and examine schools and report. Sec. 81. When no school in district. Sec. 82. Treasurer to make returas annually to Ordinary. Sec. 83. Provisions of Act extended to Gilmer county. Sec. 84. Repealing clause. Sec. 85. James Render and Jefferson Fuller to be paid poor school accounts for 1856. Sec. 86. Repealing clause. Sec. 87. Wm. Lowden and Silas Stokes to be paid poor school accounts. Sec. 88. A. J. Easom to be paid his also. Sec. 89. Repealing clause. Sec. 90. Act of March 6th, 1856, as to Walton county repealed. Sec. 91. Sheriff of Rabun to sell lot No. 10, in 2d district, and pay proceeds to commissioner of poor schools. Sec. 92. Repealing clause. (No. 123.) An Act to consolidate the Poor School and Academical Fund for the county of Madison. 67. Section I. Be it enacted, That from and after the passage of this Act the fund set apart and known as the Academy Fund, for said county of Madison, shall no longer be known as a fund for that purpose, but shall be attached to and become a part of the poor school fund for said county. Acad'y fund added to poor school fund in Madison co. 68. Section II. And be it further enacted, That it shall be the duty of the trustees or commissioners of said academy to pay over all monies or other effects belonging to said academy into the hands of the Ordinary for said county, and by him to be applied to the education of the poor, agreeable to the provisions of law. Trust. etc., to pay over Acad'y fund to Ord'y to be applied by him to educate the poor 69. Sec. III. (Repeals conflicting laws.) Approved December 15th, 1857. (No. 124.) An Act to alter and amend the several laws in relation to the poor school system, so far as relates to the counties of Gordon and Gilmer. 70. Section I. Be it enacted, That each militia district of said county of Gordon shall be considered a school district for the purposes hereinafter mentioned. Each militia dist. of Gordon co. a school dist. 71. Section II. Be it further enacted by the authority aforesaid, That there shall be a district Treasurer elected by persons entitled to vote for members of the General Assembly, which election shall be held on the first Saturday in January next, and on the first Saturday in January every two years thereafter, which election shall be

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superintended by one or more Justices of the Peace and one freeholder of the district, and the person receiving the highest number of votes shall be declared elected, and shall receive a certificate to that effect from said superintendent. Elec. for district Treas. to be held 1st Sat'day Jan. 1858, and 1st Sat'day Jan. [Illegible Text]. 72. Sec. III. And be it further enacted by the authority aforesaid, That said district Treasurer shall be required, before entering on the duties of his office, to give bond, with sufficient security, in double the sum of money supposed to come into his hands, before a Justice of the Peace of his district, to be tested and approved by said Justice and made payable to the Ordinary of said county and his successors in office, conditioned for the faithful performance of the duties of his office, which bond shall be returned by said Justice testing and approving the same to the Ordinary, to be filed by said Ordinary in his office, subject to be sued on by any person for a breach thereof. Provided, no bond shall thus be filed until examined and the sufficiency of the security be approved by said Ordinary. Dist. Treas. to give bond, etc. Bond to be examined by Ordin'y and filed in his office. 73. Sec. IV. And be it further enacted, That the Ordinary shall not pay out any money as hereinafter provided for, until the provisions of the third section of this Act have been satisfactorily complied with. Ord'y not to pay out money until 3d sec, is complied with. 74. Sec. V. And be it further enacted, That said district Treasurer shall, on or before the first day of January in each and every year, having first given teachers of poor children of his district due notice of the same, proceed to pay off said teachers, who have taught said children the preceding years, and in case there be not a sufficient amount of funds on hand, then he shall pay claims in proportion to the amount thereof. Provided, no account or claim shall be entitled to money which has not been regularly made out as required by law. Dist. Treas. to pay teachers, etc. 75. Sec. VI. And be it further enacted, That it shall be the duty of the Justices of the Peace of the several districts to make out a list of the names and ages of all the children in their said districts, who are by law entitled to the benefits of the poor school fund, and return the same duly certified to the Ordinary of said county, on or before the first Tuesday in October next, and on or before the first Tuesday in October every year thereafter, which lists so returned shall be consolidated and recorded by said Ordinary in a book, to be kept by him for that purpose, and a copy of said returns shall be forwarded by said Ordinary to the Governor of said State as now required by law. Jus's Peace to make and return lists of poor children to Ord'y To be consolidated and recorded by Ord'y and sent to Gov. on or before the 1st Tuesday in Oct. every year. 76. Sec. VII. And be it further enacted, That said Ordinary is hereby authorized and required to receive and receipt for all money due from said State,or raised by taxation from the citizens of said county for poor school purposes, and shall pay out said fund to the district Treasurers as aforesaid, in proportion to the number of children in their respective districts entitled to said fund, as soon as practicable after receiving the same. Ord'y to receive and receipt for money and pay to dis. Treas. etc. 77. Sec. VIII. And be it further enacted, That said Ordinary shall be allowed as a compensation for his services aforesaid, the sum of five per centum on the amount of money so received and disbursed. Ord'ys compensation 5 per ct. on receipts and [Illegible Text]

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78. Sec. IX. And be it further enacted, That no teacher shall be entitled to receive any of said poor school fund, unless he first produce to the Treasurer a certificate of his competence and ability, as well as a certificate accompanying his claim, that the trustees of his school have examined said children as now required by law, and that they have made reasonable progress in learning. Teacher to produce certificate, etc. 79. Sec. X. And be it further enacted, That it shall be the duty of the Ordinary, on or before the first Monday in January, in each and every year, to appoint a suitable person in each of said districts in said county, who, together with the Justices of the Peace of said districts, shall constitute a Board of Trustees for said districts, who shall examine all persons applying for a school or schools in said district, and no person shall be entitled to any of said poor school fund who shall not have first obtained from said Board of Trustees a certificate of his or her competence and good moral character. Trustees etc. 80. Sec. XI. And be it further enacted, That, said Board of Trustees shall meet quarterly and examine all schools taught in their districts, and report the progress of said schools. Trustees to meet quarterly. 81. Sec. XII. And be it further enacted, That, in case there should be no school taught in any of the aforesaid districts for any year, or greater length of time, the treasurer of said district shall not be required to return any money he has received, to the Ordinary, as heretofore practiced, but shall keep the same from time to time until a school or schools can be made. Treas, not to return money if no scool taught. 82. Sec. XIII. And be it further enacted, That said district treasurer shall make a return of all his actings and doings to the Ordidary on or before the first Tuesday in February, in each and every year, and report to him the amount of money by him paid out, and to whom paid, and the amount of money, if any, on hand. Treasurer to make annual returns to Ordinary. 83. Sec. XIV. And be it further enacted, That the provisions of this Act be and are hereby extended to the county of Gilmer. Act extended to Gilmer. 84. Sec. XV. (Repeals conflicting laws.) * * See Public Laws, No. 1. Assented to December 16th, 1857. (No. 125.) An Act authorize the Ordinary of Merriwether county to pay arrearages due teachers of poor children for certain years therein mentioned. Whereas, James Render and Jefferson Fuller, teachers of poor children in the county of Merriwether, for the years 1855-'6, did not render in their accounts for said years within the time and in the manner prescribed by law; and whereas there is a fund in the hands of the Ordinary, not otherwise appropriated, and cannot be used for want of authority: Preamble: Jas. Render and Jeff, Faller. 85. Sec. I. Be it enacted, That the Ordinary of Merriwether county be and he is hereby authorized and required to pay to James

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Render and Jefferson Fuller their accounts for poor children taught by them, for the years 1855-'6. Ord'y of Mer iwether co. to teachers of poer children for years 1855-6. 86. Sec. II. (Repeals conflicting laws.) Assented to December 21st, 1857. (No. 126.) An Act to require the Ordinary of Macon county to pay William Sowden, Silas Stokes and A. J. Easom all arrearages due for the tuition of poor children in said county. 87. Section I. Be it enacted, That the Ordinary of the county of Macon is hereby required to pay all arrearages due William Sowden and Silas Stokes for the tuition of poor children of said county, out of any money which may be in his hands for poor school purposes. Ord'y of Macon co. to pay over certain poor school moneys to teachers. 88. Sec. II. And be it further enacted, That the Ordinary of Macon county be required to pay to A. J. Easom the tuition of such poor children as were taught by him during the year 1856, which were not properly returned, out of any funds which he may have in his hands for educational purposes for the year 1857, in such manner and in such proportion as other teachers of poor children in said county. Provided, sufficient evidence be furnished to said Ordinary that said children are poor children. Ord'y to pay A. J. Easom for teaching poor children 89. Section III. Any law to the contrary notwithstanding. Assented to December 16th, 1857. (No. 127.) An Act to repeal an Act to authorize the Justices of the Inferior Court of the counties of Fannin, Telfair, Clinch and Walton, to lay off said counties into school districts, to appoint trustees for the same, and to provide for the election of Treasurers for each of said districts, and for other purposes therein mentioned, approved March 6th, 1856. * * See Acts of 1855-'6, p. 313. 90. Section I. Be it enacted, That so much of the above Act as relates to the county of Walton, be and the same is hereby repealed. Act of Mar. 6th, 1856, repealed as to Walton co. Assented to December 16th, 1857. (No. 128.) An Act to authorize the Sheriff of Rabun county to sell lot of land number ten, (10) in the second district of said county, and pay the money over to the commissioner of the poor school fund, and for other purposes. Whereas, the above recited lot had been sold, but never granted,

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and reverted back to the State of Georgia, and said lot had been originally intended for the purpose of poor school fund, therefore: Preamble. Sh'ff of [Illegible Text] co. authorized to sell [Illegible Text] No. 10 in 2d dist. of said co. 91. Section I. Be it enacted, That the Sheriff of Rabun county is hereby authorized and required to sell lot of land number ten, (10) in the second district of Rabun county, after it has been advertised according to law, of other Sheriff's sales, before the Court House door at Clayton, on some sale day; and that he is hereby further required to pay the proceeds, after deducting his cost, to the commissioner of the poor school fund for said county, for poor school purposes. Sh'ff to pay over proc'ds after deducting costs, to com. of poor schools. 92. Sec. II. (Repeals conflicting laws,) Assented to December 22d, 1857. TITLE II. APPROPRIATIONS. Sec. 1. Appropriations to Richard L. Hunter of $3500. Sec. 2. Appropriation to Augustus H. Kenan as per contract. (No. 129.) An Act to provide for the compensation of Richard L. Hunter, for his services in making a survey of the Okefenokee Swamp. * * REF. NOTE.For Act authorizing survey of the Okefenokee Swamp, see Acts of 1855-6, p. 273. Whereas, under an Act of the last Legislature, requiring a survey to be made of the Okefenokee Swamp, with a view to ascertain the practicability of its drainage, Governor Johnson appointed Richard L. Hunter to make said survey, and whereas, said survey was made by the said Richard L. Hunter, and his Report was transmitted to the present General Assembly, by Governor Johnson, with a recommendation that he be paid for his services the sum of three thousand five hundred dollars, in addition to the sum of four hundred and seventy-nine dollars and forty-nine cents, which he has already received, therefore: Preamble. 1. Section I. Be it enacted, That the sum of three thousand five hundred dollars is hereby appropriated, and that said sum be paid the said Richard L. Hunter for his services, as above mentioned, out of any money in the State Treasury, which is not otherwise appropriated. Richard L. Hunter, appropriation! of $3500 for. Assented to December 21st, 1857.

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(No. 130.) An Act for the relief of Augustus H. Kenan. Whereas, the Central Bank, about five years ago, through her Attorney, Augustus H. Kenan, sued the estate of Peter F. Mahone, in the county of Talbot, upon a bill of exchange drawn in 1836, by William S. Harp, and indorsed by the said Peter F. Mahone, and discounted by the Central Bank of Georgia, said bill of exchange being sued under a special contract. And whereas, after judgment was obtained against the estate of the said Mathone, upon said bill of exchange by the Attorney under said special contract, the Legislature, at its last session, divested the Attorney of his lien and vested right, by passing an Act, or an amendment, rather, to an Act, declaring that the estate of Peter F. Mahone be, and the same is hereby discharged from the payment of the bill of exchange drawn in 1836, by William S. Harp, and discounted by the Central Bank of Georgia, * * REF. NOTE.For this Act, see Acts of 1855-6, p. 324, See. 29. and this amendment being put to a bill the last night or two of the session in the Senate, after a bill for the express relief of the said Mahone, upon this particular bill of exchange, had been introduced and lost, by the vote of the Senate, as the journals will show, and the applicant of this Act is authorized to state that Governor Johnson would have vetoed the bill, but for its escaping his observation under the press of business of the session: Preamble. 2. Sec. I. For relief whereof, be it enacted, That his Excellency, the Governor be, and he is hereby authorized and directed to draw his warrant upon the Treasurer in favor of Augustus H. Kenan for such sum as he may be entitled to under the contract, when the foregoing facts, as recited in the preamble, shall be made satisfactorily to appear to him. Gov. to dr'w his warrant in favor of A. H. Kenan upon certain conditions, Assented to December 22d, 1857. TITLE III. BRIDGES, FERRIES AND DAMS. Sec. 1. Canoochee Bridge may be made a toll bridge, rates of toll fixed, and a person appointed to collect the same. Sec. 2. Net tolls to be applied to repairing Bridge, Sec. 3. Inferior Court may give free passage over bridge. Sec. 4. Repealing clause. Sec. 5. Levi Hollansworth and Samuel D. Echols authorized to build dam across Chattahoochee river. Sec. 6. Repealing clause. Sec. 7. Infr. Court of Baldwin co. authorized to issue bonds to build a bridge over Oconee river, near Milledgeville. Sec. 8. Court may levy tax to pay interest on such bonds, and finally to extinguish them. Sec. 9. Court cannot issue bonds for any other purpose. Sec. 10. Repeals an Act of 1853-4, in relation to ferries, c., in the counties of Decatur and Camden, so far as relates to Decatur county. Sec. 11. Repealing clause.

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(No. 131.) In Act to authorize the Inferior Court of Bryan county to make the Bridge in the county of Bryan, across the Canoochee River, known as the Canoochee Bridge, a toll bridge, and to establish the rates of toll, and for other purposes. 1. Section I. Be it enacted, That the Inferior Court of Bryan county are hereby authorized, if a majority of the Justices of said Court shall determine, to make the Canoochee Bridge, across the Canoochee river, in the county of Bryan, a toll bridge, and prescribe and fix the rates of toll, and appoint a person to collect the same in such manner and upon such terms as a majority of said Court may designate. The Infr Ct. of Bryan co. empowered to make the Canoochee Bridge, etc., a toll bridge. Rates of toll. Toll keeper. 2. Sec. II. Be it further enacted, That all tolls, after the payment of the necessary expenses for collecting said toll, shall be paid over by the said Inferior Court to the cmmissioners of roads of the district in the county of Bryan in which said bridge is located, to be by them applied to keeping in repair the said bridge. Tolls collected after paying expenses to be paid to [Illegible Text] of ro'ds etc. 3. Sec. III. That the Inferior Court of Bryan county are authorized to give free passage across said bridge to all persons who may, in their discretion, be entitled to the same. Infr Ct have discretion'ry p'w'r to give free passage to persons 4. Sec. IV. (Repeals conflicting laws.) Approved December 15, 1857. (No. 132.) An Act to authorize Levi Hollansworth and Samuel D. Echols, their heirs and assigns, to erect and keep up a dam across the Chattahoochee River, on their own land. 5. Sec. I. Be it enacted, That from and after the passage of this Act, Levi Hollansworth, Samuel D. Echols, their heirs and assigns are hereby authorized to erect and keep up a dam across the Chattahoochee river, on their own land, in Heard county, so as to raise a four-foot head of water, for the purpose of propelling saw and grist mills, and such other machinery as the convenience of the country may require, provided the raising of the above head of water does not cause the water to overflow and damage the land or lands of any other person or persons. Levi Hollans worth and Samuel D. Echols empowered to erect a dam across the Chattahoochee river. Water not to overflow lands of others. 6. Sec. II. (Repeals conflicting laws.) Assented to 21st December, 1857. (No. 133.) An Act to authorize the Justices of the Inferior Court of Baldwin county to issue bonds for the payment of erecting a Bridge over the Oconee River, or for the payment of Stock in a Corporate Company for that purpose. 7. Sec. I. Be it enacted, That a majority of the Justices of the

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Inferior Court may issue bonds, payable in two, three, four, five, six, seven, eight, nine and ten years, and if, in their judgment, it would be better, up to twenty years, with a rate of interest not greater than the rate fixed by law; which bonds so issued and signed by each and every Justice of the Inferior Court officially; said Court may constitute [contribute?] to the City Council of Milledgeville, towards the construction of a bridge over the Oconee river, near the said city of Milledgeville, or may use in payment of stock taken in the name of the county, in any incorporate company, now or hereafter to be formed for the purpose of erecting a bridge over the Oconee near the said city of Milledgeville. Majority of Justices of the Infr Ct may issue bonds to build a br'ge over the Oconee, near Mill'dgeville Bonds payable in from 2 to 20 years. Interest on bonds not to exceed lawful rates. Bonds must be signed by each of the Justices officially. 8. Sec. II. And be it further enacted, That the said bonds so to be issued, shall recite the purposes for which they are issued, and that with a view to maintain good faith and punctuality in the payment of said bonds, that the said Court shall have the right, and that it shall be their duty to levy from year to year, as a bridge tax, such a per cent, as will pay the accruing interest, and if it be necessary, the annual installments until the whole debt is extinguished. Infr Ct may contribute to City Council of Milledgeville towards building said bridge. Or may use in paym't of st'ck in any incorp'rate Co. now or hereafter made f'r that purpose. 9. Sec. III. And be it further enacted, That the said Court shall not issue bonds for any other purpose than for the erection of a bridge across the Oconee, as above specified. Bonds to recite the purposes for which issu'd C'rt to have power, and it is their duty to'levy tax to pay interest on, and ultimately to redeem b'ds. Assented to December 22d, 1857. (No. 134.) An Act to repeal an Act entitled an Act passed 1853-4, * * REF. NOTE.For Act hereby repealed, so far as relates to Decatur county, see Acts of 1853-4, p. 562-3. to establish and make uniform the rates of ferriage, and to regulate ferries, and to make penal any violation of the same, so far as relates to the counties of Decatur and Camden, in this State, so far as relates to the county of Decatur. 10. Sec. I. Be it enacted, That an act passed 1853-4, entitled an Act to establish and make uniform the rates of ferriage, and to regulate ferries, and to make penal any violation of the same, so far as relates to the counties of Decatur and Camden, be and the same is hereby repealed, so far as relates to the county of Decatur. Act of 1853-4 so far as relates to Decatur co. repealed. 11. Sec. II. And be it enacted by the authority of the same, That all laws and parts of laws militating against the same, so far as relates to the county of Decatur, are hereby repealed. Assented to December 22d, 1857.

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TITLE IV. CHARITABLE INSTITUTIONS AND CHURCHES. Sec. 1. United Hebrew Society of Macon, incorporated, powers, privileges, etc. Sec. 2. OfficersConstitution and By-laws, Proviso. Sec. 3. Greene and Pulaski Monument Fund, Com'r. and Treasurer of. Sec. 4. Repealing clause. Sec. 5. Savannah Seamen's Friend's Society, incorporated, rights, powers, etc., government. Sec. 6. Certain property vested in it. Sec. 7. Managers of whom chosen. Sec. 8. Property, etc. exempt from tax. Sec. 9. Repealing clause. Sec. 10. Coffee Lodge No. 193, of F. and A. Masons, incorporated. Sec. 11. Powers, rights, etc. Sec. 12. Lafayette Lodge, No. 44, and Canton Lodge, No. 77, incorporated, powers, rights, c. Sec. 13. Repealing clause. Sec. 14. Ocoee Lodge, No. 201, incorporated. Sec. 15. Powers, Rights, c. Sec. 16. Traveler's Rest Lodge, No. 65, incorporated, powers, rights, c. Sec. 17. Houston Lodge, No. 98, powers, etc. Sec. 18. Twiggs Lodge, No. 164, powers, etc. Sec. 19. Florida Baptist Convention incorporated, objects, powers, etc. Sec. 20. Further powers, etc. Sec. 21. Washington School or Institute, Executive Committee to be Intendants of Buffalo, By-laws, etc. Sec. 22. Retail of Liquors in one mile of village, penalty for. Sec. 23. Repealing clause. (No. 135.) An Act to incorporate the United Hebrew Society of Macon. 1. Sec. I. Be it enacted, That from and after the passage of this Act, that Abraham Dessau, Alexander Delbanco, Elias Einstein, Rudolph Einstein, Emanuel M. Brown, Ernst Teuchtwanger, Seigmund Teuchtwanger, Simon Goldstein, Jonas H. Goodman, Solomon H. Goodman, Henry Goodman, Joseph Hertzfield, Joseph Harris, Emauel Isaacs, Solomon Isaacs, Moses Koufman, Moritz Landauer, Simon Landauer, Jacob Lethauer, Abraham Lippman, Henry Manheimer and Isaac Steenheimer, and their successors, be and are made a corporate body to be known as the United Hebrew Society of Macon, for the purpose of purchasing and holding in common, a lot or parcel of land in Rosehill Cemetery, near the city of Macon, for a burial ground: or any other or additional lot or lots of ground for the purposes aforesaid, when in their judgment the same may be necessary; and also to receive contributions or donations for the purchase of said burial ground and for the repairs and improvement of the same as well as to receive all charitable contributions or donations which may be made to them, and to appropriate the same to such benevolent objects as may be judged expedient by them. Corporators. The United Hebrew Society of Macon incorporated. Rights powers, etc. Privileges. 2. Sec. II. And be it further enacted by the authority aforesaid, That the members of the aforesaid United Hebrew Society of Macon, for their better government, shall have power and authority to

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appoint such officers as may be necessary to carry into effect their corporate powers and to make and establish a constitution and by-laws, and all necessary rules for the government of the same, that they may judge necessary and expedient: provided the same do not conflict with the Constitution of the United States, or the Constitution and Laws of this State. Officers. [Illegible Text] and by-laws ASSENTED to December 16th, 1857. (No. 136.) An Act to appoint an additional Commissioner of the Greene and Pulaski Monument Fund. Whereas, Richard D. Arnold, and William P. Bowen, of Savannah, Commissioners of the Greene and Pulaski Monument Fund, have heretofore appointed George Robertson, Jr. of Savannah, a Commissioner and Treasurer of the said fund; and whereas the said appointment is now submitted for the approval of the Legislature of Georgia. Preamble. 3. Section I. Therefore, be it enacted, That the said appointment is confirmed, and the said George Robertson, Jr., is hereby constituted and appointed a Commissioner and Treasurer as aforesaid, with duties and powers equal with the other Commissioners of the said fund. George Robertson app'd Comm'r and Trea'r of the Greene and Pulaski Mon ment Fund. 4. Sec. II. (Repeals conflicting laws.) ASSENTED to December 18th, 1857. No. 137.) An Act to incorporate the (Savannah) Seaman's Fiend Society, and for other purposes. Whereas, certain residents of the city of Savannah, have organized a Society for benevolent purposes, regarding seamen visiting the Port of Savannah, and especially for the purpose of establishing and maintaining by private charitable subscriptions a Sailor's Home, with a view to the increasing comfort, social elevation and moral improvement of seamen, and desire to be incorporated in order more effectually to accomplish their object. Preamble. 5. Sec. I. Be it enacted, That Valaria G. Burroughs, Elizabeth Padelford, Margaret Williams, Mary Annie Philbrick, Isabella Malery, Henrietta C. Wayne, Margaret Ferguson, Caroline G. Allen, Belma McIntyre, Rebecca Holton, Caroline G. West, Eliza Gunard Mary W. Roland, Caroline Rodgers, Lucy Greene, Mary J. Fairchild, Frances George, and their associates and successors, be, and they are hereby constituted a body corporate and politic, by the name of The Savannah Seamen's Friend Society, and as such, and under that name shall be and are hereby vested and endowed with all the rights, powers, privileges and capacities incident or appertaining to corporations, and shall be competent to acquire, receive, hold and enjoy, and to transfer, dispose of and convey all money

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and property of every description which may heretofore have been or may hereafter be given, granted, [Illegible Text] devised or bequeathed to them by their corporate name or to them as a society or association, or which may be or may have been by any gift, grant, conveyance, devise or bequest, appointed, appropriated or intended for the benevolent objects and purposes aforesaid, and shall have power to make and enter into, under their corporate [Illegible Text] or otherwise, any contract touching the objects of their incorporations, and to establish such by-laws and regulations, in relation to the admission of members to the corporation, the organizations and governent of the same; the qualification and election of officers and the disposition of the property and funds entrusted to them, as they may deem expedient, and shall not be repugnant to the Constitution or laws of the State of Georgia. [Illegible Text] The Seamen's Fr'nd Society incorporated. Rights powers, etc. Contracts. By-laws. Government 6. Sec. II. And be it further enacted by the authority aforesaid, That all the property of every description heretofore belonging to the Savannah Female Seamen's Friend Society, be and the same is hereby vested in the corporations hereby created. Property of Sav. Fem'le Seamen's Fr'd Society vested in this corporation. 7. Sec. III. And be it further enacted by the authority aforesaid, That the managers or directresses of the said corporation, shall always be chosen of female members of the same, residents of the city of Savannah. Members etc of whom chosen. 8. Sec. IV. And be it further enacted by the authority aforesaid, That all the buildings, lots of land and other property belonging to the said corporation, which shall be actually occupied and used by the said corporation as a Sailors Home, and as appurtenances thereof, shall be exempt from the payment of all State and County Taxes and assessments. Certain property exempt from taxation 9. Sec. V. (Repeals conflicting laws.) ASSENTED to December 22d, 1857.) (No. 138.) An Act to incorporate Coffee Lodge number 193, of the County of Telfair; Lafayette Lodge number 44, of the County of Forsyth, and Canton Lodge number 77, of the County of Cherokee, of Free and accepted Masons. 10. Section I. Be it enacted, That Coffee Lodge number one hundred and ninety-three of free and accepted Masons, situated at Jacksonville, in the county of Telfair be and the same is hereby declared a body corporate, under the name and style of Coffee Lodge, number one hundred and ninety three (193,) of free and accepted Masons. Coffee lodge No. 193, of F and A Masons, incorporated. 11. Sec. II. And be it further enacted, That H. T. Bussey, Worshipful Master, W. J. Dopson, Senior Warden, Peter H. Coffee, Junior Warden; the officers of said Lodge and their successors in office, be and they are hereby declared capable, in Law or Equity, of suing or being sued, of purchasing and holding real and personal property, of giving and receiving titles for the same, to use a common

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seal, and to do all other things which bodies corporate may in law do, connected with the object of their association. Powers, etc 12. Sec. III. And be it further enacted by the authority aforesaid, That LaFayette Lodge number forty-four (44,) located in the town of Cumming, Forsyth county, that John F. Harrison, Worshipful Master, R. P. Lester, Senior Warden and L. W. Burts, Junior Warden, and their successors in office; also Canton Lodge, number seventy-seven (77,) located in Canton, Cherokee county, that S. W. Thompson, Worshipful Master, E. G. Grambling, Senior Warden, N. J. Garrison, Junior Warden, and their successors in office, be entitled to all the rights and benefits of Coffee Lodge, number 193. LaFayette lodge No. 44. Canton lodg. No. 77. Entitled to same privileges, etc as Coffee Lodge No. 193. 13. Sec. IV. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. (No. 139.) An Act to incorporate Ocoee Lodge, No. 201; Travelers Rest Lodge No. 65; Houston Lodge, No. 98; and Twiggs Lodge, No. 164, of Free and Accepted Masons, and to incorporate the Florida Baptist Convention, and confer certain powers on the Executive Committee of the Washington School or Institute, and for other purposes. 14. Sec. I. Be it enacted, That Ocoee Lodge, number two hundred and one, of Free and Accepted Masons, sitnated at Morganton, in the county of Fannin, be and the same is hereby declared a body corporate, under the name and style of Ocoee Lodge, number two hundred and one, of Free and Accepted Masons. Ocoee Lodge No. 201 incorporated. 15. Sec. II. And be it further enacted, That Phillip D. Claiborn, Worshipful Master; William A. Campbell, Senior Warden; William L. Vanzant, Junior Warden, the officers of said Lodge, and their successors in office be, and they are hereby declared capable in law or equity of suing and being sued, of purchasing and holding real and personal property, giving and receiving titles for the same, use a common seal, and to do all other things which bodies corporate may in law or equity do, connected with the object of their association. Gen. powers rights, etc. 16. Sec. III. Be it further enacted, That Daniel S. Harrison, Worshipful Master; James R. Burnam, Senior Warden; Morgan W. Davis, Junior Warden; John Causey, Treasurer; John D. Wilkes, Secretary; John T. Smith, Senior Deacon; John Patrick, Junior Deacon; Daniel W. Smith, Steward; Rev. N. B. Ousley, Chaplain; A. J. Menzenkin, Tyler, officers of Travelers Rest Lodge, No. 65; the officers of said Lodge and their successors in office be, and they are declared capable in law or equity of suing and being sued, of purchasing and holding of real and personal property, of giving and receiving titles for the same, to use a common seal, and to do all other things which corporate bodies may, in law do, connected with the object of their association. Travelers Rest Lodge No. 65. Gen. powers rights, etc. 17. Sec. IV. Be it further enacted by the authority aforesaid,

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That the officers of Houston Lodge, No. 98, of Free and Accepted Masons, situated at Houston, Heard county, shall be under their aforesaid name, and they are hereby incorporated, and made a body corporate and politic, under the name of Houston Lodge, No. 98, of Free and Accepted Masons; they shall have power to sue and be sued, plead and be impleaded, and to receive and hold property by gift, grant, purchase or bequest, or which may be in any way vested in them. Houston Lodge No. 98 incorpo'd. Powers, etc. 18. Sec. V. And be it further enacted, That John Glover, W. M.; E. A. Wimberly, S. W.; J. U. Burkett, J. W.; Hardy Solomon, Treas.; Wright Neel, Sec'y.; S. Mithoin, J. D.; W. H. Crocker, S. D.; James Evans, Tyler, the officers of Twiggs Lodge, No. 164, of Free and Accepted Masons, situated in Marion, Twiggs county, and their successors in office, be and they are hereby declared capable in law and in equity, of suing and being sued, of purchasing and holding real and personal property, of giving and receiving titles for the same, to use a common seal, and to do all other things which corporate bodies may in law do, connected with the objects of their association. Twiggs Lodge No. 164. Powers, etc. 19. Sec. VI. Be it further enacted, That Henry Ardis, William B. Cooper, S. C. Craft, R. J. Mayes, William H. Sruggs, John Cason, S. A. Smith, be and they are hereby incorporated under the name and style of the Florida Baptist Convention, with power to hold their sessions, and to establish an institution of learning in this State, and for that purpose to exercise and enjoy all the privileges, immunities, and rights now held and exercised, and enjoyed by the Baptist Convention of Georgia, and the Executive Committee thereof, for the purposes aforesaid. Corporators. Fla. Baptist Con. incorporated. Objects. Powers, rights, etc, 20. Sec. VII. Be it further enacted, That the said Baptist Convention of Florida, shall have the usual corporate privileges of perpetual succession, of having and using a common seal, of holding real estate to the extent necessary for their purposes, of suing and being sued, and of receiving donations and bequests, and of adopting such salutary regulations for the preservation of the morals of the students and good order of the village and community in which they may locate the institution, as they may think proper, and not inconsistent with the constitution and laws of this State. Further powers, etc. By-laws etc. 21. Sec. VIII. Be it further enacted, That the Executive Committee of the board of trustees of the Washington School or Institute, located at the village of Buffaloe in Hancock county, which village and Executive Committee have been incorporated by an Act of the present session, shall, for the period of their appointment, be the Intendants of said village of Buffaloe, and shall have power to pass all such needful rules and regulations for the government of said village, and the preservation of the good order thereof, as they, or a majority of them, may think proper, not inconsistent with the constitution and laws of this State. Washington School or Institute. The executive Com. of made Intendants of the village of Buffaloe. By-laws etc. 22. Sec. IX. Be it further enacted, That it shall not be lawful for any person to sell or retail spirituous liquors within one mile of said village, and the Intendants aforesaid shall have the power,

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upon the affidavits of two good citizens to the fact, of the violation of this Act, to remove the violators of this law, and their goods and liquors, from within the limits aforesaid. No person to sell or retail liquors within 1 mile of the village. Violater, how dealt with. 23. Sec. X. (Repeals conflicting laws.) Assented to December 22d, 1857. TITLE V. CITIES AND TOWNS. ALBANY. Sec. 1. City charter so altered as to give election of Marshal to qualified voters. Sec. 2. Time of election same as for Mayor. (No. 140.) An Act to amend the charter of the city of Albany, so as to give the election of Marshal to the qualified voters of said city. 1. Section I. Be it enacted, c., That the charter of the city of Albany, in the county of Dougherty, be and the same is hereby so altered and amended as to give the election of Marshal of said city to the qualified voters thereof. Charter of the city of Albany amended. 2. Sec. II. Be it further enacted, That the said election of Marshal be held at the same time and under the same rules and regulations now prescribed for the election of Mayor and Council of said city. * * REF. NOTE.Previous to the passage of this Act the Marshal in Albany was elected by ballot by the Mayor and Members of Council. See Acts of 1841, pam.p. 54, sec. 7. Election of Marshal, when held. Approved December 22d, 1857. AMERICUS. Sec. 1. Corporate limits defined. Sec. 2. Repealing clause. (No. 141.) An Act to define the corporate limits of the Town of Americus, in Sumter county. 3. Section I. Be it enacted, c., That the corporate limits of the town of Americus, in Sumter county, shall extend over and embrace a radius of one mile, making the Court House the centre; provided,

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the eastern bank of Muckolee creek shall be the western boundary line of said town. Corp. limits of the town of Americus, in Sumter county. 4. Section II. (Repeals conflicting laws.) Assented to December 21st, 1857. ATHENS. * * REF. NOTE.See Acts of 1853-4, p. 211, and Acts of '55-6, p. 400-1, amendatory of Ac's incorporating the town of Athens. Sec. 1. Intendant may be elected. Sec. 2. Duties of Intendant. Sec. 3. Powers of Intendant. Sec. 4. Wardens may elect Intendant pro. tem. Sec. 5. Present intendant to have all powers heretofore given to Intendant of said town. Sec. 6. Clerk of Council, how elected. Sec. 7. All officers except Intendant may be removed by Council. Sec. 8. Duties of Clerk of Council. Sec. 9. Bond to be given by Cl'k of Council, has salary, fees and comm's. Sec. 10. Taxes may be imposed. Sec. 11. Council may grant licenses to sell spirituous liquors. Sec. 12. Prisoners may be com'it'd to co. jail. (No. 142.) An Act to amend the several Laws in relation to the Town of Athens, and to extend the powers of the corporate authorities thereof, 5. Section I. The General Assembly of the State of Georgia do enact, That at each annual election for Wardens of the town of Athens, the qualified voters in each ward, in addition to the Wardens now by law directed to be elected, may cast their ballots for an Intendant for said town for that year; and the superintendants of the election in each ward shall make return of such ballots, to the existing Council, as prescribed for the return of the polls for Wardens; and the Council shall consolidate the returns from the several wards, and whosoever shall appear to have received the highest number of votes for Intendant, shall be declared by the Council duly elected. In case of a tie between two persons receiving the highest number of votes, the newly elected Wardens, on being notified of that fact, shall order a new election. Intendant may be elected at regular election. Returns. Returns to be consoli'd. Tie. 6. Sec. II. The Intendant thus elected, shall preside over all the meetings of the Wardens, when present, and shall be entitled to vote only in case of a tie, or when his vote in the negative will make a tie. In his absence from the town, or in case of sickness, he may appoint one of the Wardens, Intendant pro tempore, who shall, during such absence or sickness, be clothed with the same powers as the Intendant. Such Intendant may at any time (the accused being always present) hear all cases of alleged violations of the ordinances or peace of the town, which shall be brought to his notice by the Marshal, or other officer. And if he shall determine the accused to be guilty, may inflict such punishment as he shall see proper, not exceeding a fine of one hundred dollars, or sixty days imprisonment, for any one offence. In every case the accused shall have the benefits of counsel, if he desires it, and proper

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time to procure the attendance of witnesses, and the preparation of his defence. And a writ of certiorari to the Superior Court shall lie to all sentences of the Intendant, imposing any imprisonment, or a fine exceeding twenty dollars. Rights and duties of Intendant. Intendant pro tem. To try cases of breach of Ordinances. Punishment Rights of [Illegible Text]. Certiorari. 7. Sec. III. The Intendant shall have power at any time to appoint any number of special police, in order to quell riots or other disturbances, or to provide against the same within the limits of the town. He shall also have power to dismiss from the service, any policeman who, in his judgment, shall be unworthy of the service. The Intendant may receive for his services such salary as the Council may direct. Int'nd't may appoint and dismiss policemen. His salary. 8. Sec. IV. If from any cause there be no Intendant, or Intendant pro tempore appointed as above, the Wardens may elect an Intendant pro tem. from their own body. Wardens may elect Intendant pro tem. 9. Sec. V. In addition to the above, the Intendant shall have all the powers now by law given to the Intendant of said town. Other powers of Inten't 10. Sec. VI. The voters for Wardens and Intendant shall at the same time elect a Clerk of Council, under the same rules and regulations as are provided for the election of Intendant and Wardens, who shall hold his office for one year, or until his successor be legally appointed, and said Clerk shall not be a member of Council. Cl'k of Council to be elected at same time. Hold office 1 year, 11. Sec. VII. The Clerk of Council, and all other officers of the town, except the Intendant, shall be removable at all times, at the pleasure of the Council; the reasons for each removal being given in the order therefor. Town offi'rs except Int't removable by Council. 12. Sec. VIII. It shall be the duty of the Clerk of Council to attend all of its regular meetings, and such as are called by the Intendant; to notify the several Wardens of such called meetings; to keep a fair and regular minute of all the proceedings of Council; to receive and collect all the town taxes, and disburse the same under the direction of the Council; to attend to the Market, and discharge all the duties required of him by the Council, as Clerk of the Market; and to obey all orders and directions of the Council, which legitimately appertain to these several duties. Clk's duties. Town taxes. 13. Sec. IX. The Clerk of Council shall give a bond with good security, for the faithful performance of all his duties, payable to the Intendant, and his successors in office, who are hereby authorized to bring suit thereon) in such sum as Council may direct, and shall receive for his services such salary, and fees, and commissions, or salary, or fees, or commissions, as the Council may direct; which compensation shall not be increased or diminished during the year for which he is elected. Clk's bond. His fees. 14. Sec. X. The said Intendant and Wardens may impose such taxes as have been heretofore authorized by the several Acts in relation to the said town. All limitations as to the purposes for which they are imposed, or conditions precedent to their imposition, being hereby repealed; and the funds thus raised, to constitute a general fund to be applied to the purposes of the town, under the direction of the Council. Intend. and Ward's may impose taxes All limitations etc. repealed. 15. Sec. XI. The Council shall have power to grant licenses for the sale of spirituous liquors, in quantities of one quart, or more or

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less, and to affix the price of such license, and the terms and regulations on which the same may be granted. Without a license from the Council, no person shall sell spirituous liquors in any quantity, in said town. And persons so offending, shall be liable, for each offence, to a fine of one hundred dollars, to be paid to the treasury of said town, on conviction by the Intendant thereof, or imprisonment in the county jail not exceeding sixty days. Council to regulate the granting of license for sale of spirituous liquors No person to sell without license. Fine for selling without license. 16. Sec. XII. It shall be the duty of the Jailors of the county of Clarke to receive and safely keep all prisoners committed to said jail, in pursuance of the powers granted in this Act. And for the same he shall receive the compensation now allowed by law, for prisoners committed to the said jail, to be paid by the persons so committed. Jailors to receive prisoners. Jailor to receive the usual fees. Assented to December 22d, 1857. ATLANTA. Section 1. Act of 3d March, 1856, repealed. (No. 143.) An Act to repeal an Act, approved the 3 d March, 1856, to amend the 18 th section of the charter of the City of Atlanta, and for other purposes therein specified, c. 17. Section I. Be it enacted, That the above recited Act, approved the 3d of March, 1856, * * REF. NOTE.For Act by this Act repealed, see Acts of 1855 and '56, p. 395. be and the same is hereby repealed. Act of Mar. 3d. 1855, repealed. Assented to December 21st, 1857. AUGUSTA AND SAVANNAH. Sec. 1. Work house established. Sec. 2. Confinement in same, made lawful. Sec. 3. Various additional powers given to city Council. Sec. 4. Provisions of this Act extended to city of Savannah. (No. 144) An Act to authorize the City Council of Augusta and Savannah, to establish work-houses in their respective cities, and to empower them to affix imprisonment and labor in said work-houses as a penalty for violation of the city ordinances, and for other purposes. The General Assembly of the State of Georgia do enact as follows: 18. Sec. I. The City Council of Augusta are hereby authorized to erect a work-house within the limits of the city of Augusta, and

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to pass such ordinances in relation to the government of said work-house, and to adopt such rules and regulations in relation thereto, as may be necessary or proper, or convenient, in their discretion. Work-house in Augusta. Regulations relating to the same. 19. Sec. II. The said City Council of Augusta are hereby empowered to affix, as a penalty for a violation of any City Ordinance, imprisonment and labor in said work-house for a term not exceeding six months, and are hereby vested with full authority to enforce the same. Violations of city ordin'ce may be punished by labor in said house, 20. Sec. III. The said City Council of Augusta are hereby further empowered to pass all ordinances in relation to keeping open tippling houses on the Sabbath day in said city, and in relation to lewd houses, or houses of ill fame, for the purpose of suppressing them in said city, and in relation to selling or purchasing intoxicating liquors to slaves or free persons of color in said city, and to tax all real estate lying within the corporate limits of said city, and all banking capital used or employed in said city, for the support of the city government. Tippling houses, c. Powers of City Council of Augusta relating to houses of illfame. etc. 21. Sec. IV. And be it further enacted by the authority aforesaid, That the provisions of this Act be, and the same are hereby extended to the city of Savannah, and the City Council of Savannah are hereby invested with the powers and authority in reference to the city of Savannah, hereinbefore given to the City Council of Augusta. Provisions of this Act extended to Savannah. Assented to December 22d, 1857. BRUNSWICK. Section 1. Former acts of Council made valid. Section 2. Mayor and Council may do certain things, Act of 1856 construed. Section 3. Mayor may try offenders subject to appeal to Mayor and Council. Section 4. Fines, how collected. Sec. 5. Mayor and Coun. may subscribe for stock, c. Sec. 6. City boundaries to be surveyed. Sec. 7. City books and records. Sec. 8. City taxes, how collected. Sec. 9. Mayor and Council elected on 1st Monday in March, annually. Sec. 10. Repealing clause. (No. 145.) An Act additional to an Act to incorporate the town of Brunswick, in the county of Glynn, to define its jurisdictional limits, c., c., approved February 22 d, 1856, to amend said charter, to confirm the doings of the Mayor and Council, to mark the boundary lines of the town and common used for other municipal purposes therein specified. 22. Sec. I. Be it enacted, That the records, ordinances, leases, contracts and all other official acts and doings of the Mayor and Council of the city of Brunswick, since the organization of the city government by virtue of said Act, are hereby confirmed and made valid and binding. Official acts of Mayor Coun. made valid. 23. Sec. II. That the Mayor and Council aforesaid, are authorized to adopt any measures which may appear to them to be necessary

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proper to secure and protect the interests of the city, and the property thereof, and to lease the balance of the town commons, and other public squares, and public trust lots, water terminations of the streets, and all other public property belonging to the city, on such terms and for such periods and considerations as they may deem for the interest of the city, and the wellbeing of its citizens, and all the provisious of the said Act to which this is additional, and especially those embraced in the first five lines of the twelfth section of said Act, shall be construed to apply to all parts of the town common and trust lots aforesaid, as well as to the public streets, lanes and squares of said city. Powers of Mayor and Council. 24. Sec. III. That the Mayor is authorized to arrest, try and punish all offenders against the provisions of the charter as amended, and the ordinances of the city, according to the terms thereof, but his judgments and sentences may be appealed from to the next regular session of the Mayor and Council, and be reversed, modified or sustained, and carried into effect by said body. Mayor to punish offenders, Appeal. 25. Sec. IV. All fines and sentences imposed by the Mayor and Council, shall be enforced by an execution issued by the Treasurer to the Marshal, with authority to levy and collect the amount thereof and cost, from the property of the defendant, and for want thereof, to commit the offender to the jail or guard house in said city, and there to detain him until the said fine and costs shall have been paid or he shall have been discharged by the Mayor and Council. Fines etc. how enforced. 26. Sec. V. On the recommendation of the majority of all the legal voters of said city, by ballot, at any public meeting called therefor by the Mayor and Council, the said Mayor and Council, two-thirds of that body voting in the affirmative, may subscribe for stock in any railroad or other works of internal improvement under the limitations and restrictions contained in said charter, and upon a like recommendation of the legal voters of said city, and a like vote of the Mayor and Council, any railroad may be maintained in said city or run into or through any street, square or common of the city, subject to the supervisory power of the city authorities, but not otherwise. When authorized to subscribe for stock in R R or other works. R R when may run through city, c. 27. Sec. VI. That William Hughes, Esq., of Liberty county, and in case of his inability to discharge the duty, some other competent surveyor to be appointed by the Mayor and Council of Brunswick, is authorized and required to run out and plainly mark, and permanently establish upon the face of the earth, at the expense of said city, the extreme boundary lines of the town and common of Brunswick, according to the survey and plan made by George Purvis, of the said town and commons, and returned by the commissioners under their date of July 16th, 1796, and now filed in the Surveyor General's office at Milledgeville, said commissioners having been appointed under the Act of February 21st, 1796, and said boundaries so surveyed, marked and established, with such other intended boundaries and dividing lines of said town and common as said surveyor may survey, mark and establish at the request of said Mayor and Council, shall be recognized, and constitute the

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true boundary lines of said town and common, and the survey and plan of said surveyor, shall be recorded upon the records of said city, and of said Surveyor General's office at Milledgeville, and a certified copy thereof may be used as evidence in all cases, from the records of either. Surveyor employed. To run and mark boundary lines. Purvis' survey. The true boundary lines. Survey to be recorded in that any and to Milledgeville. 28. Sec. VII. That said Mayor and Council are authorized to summon before them, any person to answer interrogatories relating to the loss, disappearance, existence and present situation and location of the books and records of said city of Brunswick, referred to in the thirty-fifth section of said Act, and to compel the production of the same for the use of said city and its citizens, if in his possession or under his control, and in case of the neglect or refusal of any person aforesaid to appear at the time and place appointed in said summons, and to answer fully said interrogatories under oath, and to sign and swear to the truth of the same, and to deliver up any part of said books and records which he may have in his possession or under his control, or with which he has been intrusted or had in his possession and keeping since the repeal of the former City Charter of said city, said Mayor and Council may commit such persons to the jail or guard house in said city until he answers as aforesaid and in all respects fully complies with the provisions of this Act and if any person shall answer said interrogatories falsely or corruptly, he may be indicted for false swearing before the Superior Court of said county, and upon conviction thereof he shall suffer the fines and penalties of perjury, and for this and all other municipal purposes, the Mayor is authorized to administer the oath or oaths required. Provided, that nothing in this Act is intended to affect the rights of the Brunswick City Land Company. Books, records, etc. In case of refusal to answer, c. To be committed to jail or guard house. Upon giving false answer may be convicted of false swearing. Mayor to administer oath. This Act not to affect the Brunswick city land co. 29. Sec. VIII. In all existing or future cases of the non-payment of city taxes of said city, after notice shall have been given according to said Act, the Marshal may sell any portion of the property assessed for the payment of the taxes assessed on all the property claimed by, or which has been assessed to said defaulting party of which said defaulting party has not or shall not, before sale, enter his written disclaimor of ownership, upon the records of the city of Brunswick, and no Court shall grant or sustain an injunction to restrain or delay the city authorities from enforcing the collection of the city taxes, and in other respects performing their public duties as municipal officers, Payment of taxes, how en forced. 30. Sec. IX. That the annual elections of the Mayor and Council of the City of Brunswick shall be held hereafter on the first Mondays of March, in each and every year. * * REF. NOTE.For Act of 22d February, 1856, incorporating the City of Brunswick, see Acts of 1855 and '56, p. 335. Annual elections on 1st Monday in March each year. 31. Sec. X. (Repeals conflicting laws.) Repealing clause. Assented to December 22d, 1857.

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COLUMBUS. Sec. 1. 3d Sec. of Act of 25th Dec. 1845, amended. Sec. 2. Repealing clause. (No. 146.) An Act to amend the 3d * * REF. NOTE.For 3d. Sec. of Act of 25th December, 1845See Acts of 1845, pamph. p. 68. section of an Act approved 25th December, 1845, to amend the Charter of the City of Columbus, and for other purposes. Whereas, by the third section of the above recited Act, approved 25th December, 1845, power is therein conferred upon the Mayor of the city of Columbus to impose upon white persons who may be found guilty of the violation of the by-laws and ordinances of said city, a fine of twenty dollars, and upon the non-payment of the same, as may be adjudged and ordered by the said Mayor, by imprisonment in the guard-house of said city, or the common jail of Muscogee county, for the term not exceeding three days; and whereas, said fine and imprisonment is found insufficient in many instances to prevent the wilful and repeated violations of said by-laws and ordinances. Preamble 32. Section I. Be it therefore enacted, That so much of said third section of said Act, passed 25th December, 1845, as relates to the fine and imprisonment imposed for the violation of the by-laws and ordinances of said city, be and is hereby amended so as to authorize the Mayor of said city to increase said fine in his discretion, not exceeding fifty dollars, and said imprisonment to not exceed twenty days. Part of 3d sec. of Act of 1845 amended. Fine and imprisonment regulated as to time and amount. 33. Sec. 2. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. COLUMBUS AND GRIFFIN. Sec. 1. Inmates of lewed houses may be removed as nuisances. Sec. 2. Repealing clause. (No. 147.) An Act to authorize the Mayor or the Mayor and Aldermen of the cities of Columbus and Griffin, to remove the occupants or inmates of lewd or disorderly houses in said cities. 33. Section I. Be it enacted, That from and after the passage of this Act, the Mayor or Mayor and Aldermen of the cities of Columbus and Griffin, may in the discretion of either said Mayor or Mayor and Aldermen remove the occupants or inmates of lewd or disorderly houses in the cities of Columbus and Griffin, either beyond

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the corporate limits of said cities or to any place within said limits, in the same manner as the said Mayor or Mayor and Aldermen may now by law remove or abate nuisances within said cities. Mayor etc. of Griffin Columbus may remove inmates of certain lewd houses beyond limits of city. 34. Sec. II. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. CONYERS. * * REF. NOTE.Conyers was incorporated by Act of 16th February, 1854, which see, Acts of 18534 p. 259-60, sections 2 and 3. Sec. 1. Former incorporating acts revived. Commissioners how elected. Sec. 2. Election of Commissioners. Sec. 3. Repealing clause. (No. 148.) An Act to re-enact and to declare in full force all laws relating to the incorporation of the Town of Conyers in the county of Newton. Whereas, doubts are entertained whether the statutes passed by the Legislature of this State, relating to the incorporation of said Town of Conyers, have not become obsolete and the chartered privileges contained in said act of incorporation forfeited by nonuse, therefore: Preamble. 35. Sec. I. Be it enacted, That all statutes and parts of statutes, heretofore enacted by the Legislature of Georgia, relating to the incorporation of said Town of Conyers be, and they are hereby reenacted and declared to be in full force and virtue. All Acts heretofore passed in regard to Conyers, reviv'd And be it further enacted, That the citizens of said Town of Conyers, who are entitled to vote for members of the Legislature, may at any time after five of their members shall give ten days notice thereof, hold an election for Town Commissioners, who when elected, shall hold their office until the first Saturday in January next, and until their successors are elected and qualified. Five voters allowed to advertise election for comm'rs. 36. Sec. II. And be it further enacted, That if at any time hereafter it should happen, that an election should not be held on the first Saturday in January, in said Town of Conyers, five of the citizens being legal voters, shall advertise for an election, giving ten days notice thereof, for five Commissioners, which election shall be held in the same manner as the regular election. Having failed to elect comm'rs at regular time, may elect thereafter by giving notice 37. Sec. III. (Repeals conflicting laws.) ASSENTED to December 22, 1857.

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DALLAS. * * REF. NOTE.Dallas was first incorporated by Act of February 8, 1854, which [Illegible Text] Acts of 1853 and '54, p. 232. Section 1. Intendant and Commissioners. Section 2. Various powers of Intendant and Commissioners. Section 3. May tax shows, c. Sec. 4. Corporate limits defined, c. Sec. 5. Oath of Intendant and Commissioners Sec. 6. Repealing clause. (No. 149.) An Act to extend and define the corporate limits of the town of Dallas, in the county of Paulding, to provide for the election of Intendant and Commissioners for the same, to define their powers, and for other purposes therein named. 38. Section I. Be it enacted, That the inhabitants of the said town of Dallas, in the county of Paulding, entitled to vote for members of the General Assembly, shall assemble at the Court House in said town, on the first Saturday in January next, and on the first Saturday in January in each year thereafter, and by ballot, elect one Intendant and four Commissioners for said town, who shall continue in office one year, and until their successors are elected, which election may be held by any Justice of the Peace or Justice of the Inferior Court of said county, and one free holder, or in the absence or failure or refusal of a Justice to act, by two free holders of said town, and if said election should not be held on the day herein named and appointed, it may be held on any other day. Provided, ten days notice of such election shall be given in two public places in said town, said Intendant and Commissioners, or if no Intendant, then said Commissioners shall have full power to fill all vacancies that may occur in the board, by death, resignation or otherwise. Time of holding election for Intendant and Commis'nrs Term of office, 1 year. Election how held. Failing to hold election on regular day, may be held thereafter on notice. Vacancies, how filled. 39. Sec. II. Be it further enacted, That said Intendant and Commissioners, and their successors, shall be a body corporate under the name and style of the Intendant and Commissioners of the town of Dallas, and in said name shall sue and be sued, plead and be impleaded, and answer and be answered unto, and shall have a common seal, and shall have full power to pass all laws and ordinances which they, or a majority of them, shall deem best for the good of said town, not repugnant to the Constitution and laws of this State, and of the United States, and they shall have power to appoint officers for the enforcement of said laws and ordinances, shall have power to levy and collect fines for any and all violations of said laws and ordinances, and to imprison offenders, and erect and provide a prison for that purpose within the corporate limits of said town, shall have power to levy and collect a poll tax not exceeding one dollar, and a tax on the property of the citizens of said town, which shall not exceed the tax required by the State, and may issue execution for the collection of all fines, penalties and taxes, and enforce the same by levy and sale,

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through such officers as they shall appoint, and in such manner as they shall direct. Intend't and Commis'rs a body corporate. Shall have a seal. May pass by-laws. May appoint officers. May levy and collect fines. May imprison offenders and erect a prison. Poll tax. May levy tax on property. May issue executions to col. fines and taxes. 40. Sec. III. Be it further enacted, That said Intendant and Commissioners shall have power to tax all shows and exhibitions of every kind, all places and establishments of amusement, to regulate the sale of all distilled spirituous or intoxicating liquors, to tax peddlers and free persons of color, and to pass and enforce all other laws and ordinances which they shall deem best for the health and good of said town, and all by-laws and rules for the government of the board, not repugnant to the Constitution of the United States and the Constitution and laws of this State. Tax on shows etc: May reg. the sale of intox. liquors. May tax peddlers and free persons of color. By-laws and other regulations. 41. Sec. IV. Be it further enacted, That the corporate limits of said town shall extend one thousand yards from the Court House on the north street, and one thousand on the south street, and the inhabitants shall not be subject to work on the roads outside of the corporate limits of said town, and the streets and public roads in said town shall be under the control of said Intendant and Commissioners. Corporate limits defin'd Inhab, not to do road duty outside of corporate limits. Town stre'ts and roads to be under control of Intendant and Commis'nrs 42. Sec. V. Be it further enacted, That said Intendant and Commissioners, shall, on entering into office, take the following oath: You, as Intendant or Commissioner, (as the case may be) of the town of Dallas, shall well and truly, and impartially enforce the laws and ordinances of said town, and in all respects demean yourself as you shall deem best for the good of said town, so help you God. Oath of Intendant and Commis'nrs 43. Sec. VI. (Repeals conflicting laws.) Assented to December 22d, 1857. DAWSON. Section 1. Dawson incorporated, corporate limits of, defined, c., c. Section 2. Election of President, Councilmen, Treasurer and Marshal. Section 3. Their oath of office. Section 4. Taxes may be levied, and how collected. Section 5. By-laws and collection of fines. Section 6. Shows, retail license, itinerant traders, taxes, fines, c., how collected. Section 7. Clerk of Council, Marshal and Treasurer, their bond, c. Section 8. A specific power of President. Section 9. Meetings of Pres. and Councilmen, and their powers, c. c. Section 10. Marshal may be dismissed. (No. 150.) An Act to incorporate the town of Dawson, in the county of Terrell, and to provide for the election of President, Councilmen and Marshal for the same, and for other purposes. 44. Sec. I. Be it enacted, That the inhabitants now living, and that may hereafter reside upon the territory included within one mile in every direction from the Court House, in the town of Dawson, in the county of Terrell, be and they are hereby constituted and made a body corporate, by the name and style of the Town of

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Dawson, and the said inhabitants who are entitled to vote for the members of the General Assembly of the State of Georgia, shall meet at the Court House in said town, on the third Saturday of January next, and on the first Saturday of January in each year thereafter, and elect from the citizens of said town, one President, five Councilmen, one Treasurer, one Marshal, and said President and Councilmen shall be vested with the municipal government of said town of Dawson, and as President and Councilmen of said town, and under that name and style shall have full power to have a common seal or scroll, and to hold, purchase, have, receive, enjoy, possess and retain, to them and their successors, for the use of said town of Dawson, any real or personal estate within the jurisdictional limits of said town of Dawson, and shall be capable, under the aforesaid name and style, to be sued and to sue in any Court of Law or Equity in this State. The town of Dawson Incorporated. Limits of corporation. Election 1st Sat. in Jan. Officers. Government Powers, rights etc. 45. Sec. II. And be it further enacted, That the election for said officers shall be held by one Justice of the Peace and one freeholder, or one Justice of the Inferior Court and one freeholder, and in the event that there shall be no election at the time herein specified, then said officers shall remain in office until their successors are elected and qualified; ten days notice of said election, in all cases, to be given by a Justice of the Peace or the said President, and in the event of the resignation or death of any of said officers, an election may be at any time ordered by complying with the provisions of this Act; all of said officers to hold their offices for twelve months or until their successors are elected and qualified. Election, by whom held. Ten days notice. Vacancy. 46. Sec. III. And be it further enacted, That said officers, before entering on the duties of said offices, shall take and subscribe the following oath, to-wit: I, A. B. do solemnly swear that I will faithfully perform the duties of President, Councilmen, Treasurer or Marshal, (as the case may be,) of the town of Dawson. Oath of officers, 47. Sec, IV. That the said President and Councilmen shall have power and authority to lay and collect taxes within the said corporate limits, to the amount of one-half of the State tax; and not more, and poll tax not over two dollars upon each adult male inhabitant, and said tax shall be collected in manner hereafter prescribed by this Act, and shall, by said President and Councilmen, be used for the benefit and use of said town. Tax may be levied not to exceed 50 per cent, on State tax. Poll tax not to exceed $2 Mode of collecting tax. 48. Sec. V. And be it further enacted, That said President and Councilmen, shall have full power and authority to make all laws, rules and regulations for the proper government of said town, to impose and collect fines of not over twenty dollars, and imprison for not over ten days for any one violation of the said by-laws, rules and regulations aforesaid. By-laws. To impose fines not exceeding $20, and imprissonment for not longer than 10 days 49. Sec. VI. And be it further enacted, That said President and Council shall have power to tax all shows in said town of Dawson, performing there for the purpose of gain, to issue licence to retail spirituous liquors in said town, and to charge for the same a sum not over fifty dollars, and the said retailers of spirituous liquors in said town, shall also comply with the law now in force as to bond and oath, the said President and Council shall have power to tax

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itinerant traders in said town, and they shall have power to force the collections of taxes, fines and penalties in such manner as they may see proper. Shows. Retail licen's Bond and oath of retailer. Tax on itinerant traders Taxes, fines, c. how collected. 50. Sec. VII. And be it further enacted, That said President and Councilmen shall elect one of their number Clerk of the Council, and shall fix the salaries of said Clerk and Marshal, and Treasurer, and shall require bond and security from said officers for such amounts as they may think proper and right. [Illegible Text] of ouncil. Salaries of officers. Bonds etc, of officers, 51. Sec. VIII. And be it further enacted, That the said President during his term of office, shall also be clothed with authority of acting Justice of the Peace, so far as to authorize him within said corporate limits of said town, to bind over all persons charged with violating the laws of this State, to answer for such imputed offence to the Court having jurisdiction thereof, and to act as conservator of the peace. President invested with power of a Justice of th'Peace so as to bind over criminals, and to keep the peace. 52. Sec. IX. And be it further enacted, That said President and Councilmen shall hold their meeting at such time and place as they may see fit and proper, shall pass such laws and ordinances for the control of slaves and free persons of color in said town, and to suppress nuisances from hogs, dogs, horses, mules and other stock straying at large in said town, they shall have power to tax all ten-pin or other ball alleys and billiard tables in said town. Meetings, when. Powers of Pres. and Commis'nrs 53. Sec. X. And be it further enacted, That said President and Councilmen shall have power and authority to dismiss from office said Marshal, for failure or neglect to perform the duty of his office, and immediately give notice for the election of a successor, and shall appoint a Marshal to act in and during the time of all vacancies. Provided, that no by-law, rule, regulation or ordinance shall be of force, which is contrary to the laws and Constitution of this State. May dismiss Marshal etc. Assented to 22d, December, 1857. ELBERTON. Sec. 1. Taxes may be levied. Sec. 2. Marshall shall give bond and collect taxes Sec. 3. Commissioners may make ordinances. Sec. 4. Marshal may summon posse comitatus. Sec. 5. Slaves and free persons of color. Sec. 6. Retail license, not less than $10 nor more than $500. Sec. 7. Repealing clause. (No. 151.) An Act to amend an Act entitled an Act to amend an Act entitled an act for the better regulation and government of the Town of Elberton, passed December 20th, 1824. * * REF. NOTE.For Act of 20th December, 1824, see Acts of 1824, pamphlet pages 131, 2, 3 and 4. 54. Section I. Be it enacted, That the Commissioners of the town of Elberton be, and are hereby authorized and empowered to levy an annual tax upon the inhabitants and property within the

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corporate limits of said Town sufficient to defray the governmental expenses of said Town, viz: a poll tax upon all persons resident within the said corporate limits, subject to poll tax by the existing laws of this State, and an ad valorem tax upon all property held, owned or claimed within said corporate limits, subject to taxation by existing laws of Georgia. Comm'rs may levy an nual tax to def. expn's of gov't of Elberton. Poll Tax: Ad valorem Tax. 55. Sec. II. Be it further enacted, That said Commissioners shall immediately upon the election of a Marshal, require said Marshal to give bond and security for the faithful performance of his duties as Marshal of said Town; and the said Marshal shall act as Receiver of tax returns and tax collector for said town, under the same laws and penalties as the county Receiver and Collector are subject. Marshal shall give bond. To act as tax receiver and collector 56. Sec. III. Be it further enacted, That said Board of Commissioners shall have full power and authority to pass and execute all such ordinances not militating against the Laws and Constitution of the State of Georgia, and the United States, as shall in their judgment be for the better government, peace and good order of said Town, to impose fine or fines upon all such person or persons as shall violate or refuse to obey the ordinances of said Town, (such fine in no case to exceed fifty dollars) and to imprison in the common jail of Elbert county, any and all such person or persons as shall refuse or neglect to pay said fine or fines. Comm'rs have power to pas sby-laws. To impose fines not more than $500. To imprison in co. jail when negl'ct to pay fines. 57. Sec. IV. Be it further enacted, That in the execution of the laws and ordinances of said. Town, the said Marshal be, and is hereby empowered to summon his posse in the same manner and under the same laws and penalties as the Sheriff now does. Marshal may sum'n the posse etc. 58. Sec. V. Be it further enacted, That said Commissioners be authorized to extend corporal punishment to slaves and free persons of color within the corporate limits of said Town to fifty stripes. May inflict [Illegible Text] pun'nt, on slaves, etc. not more than fifty stripes. 59. Sec. VI. Be it further enacted, That the said Board of Commissioners shall have the sole power of granting license for the retail of spirituous liquors within the corporate limits of said Town, and said Board be authorized to charge for granting said license to each applicant, not less than ten nor more than five hundred dollars. To grant retail license for not less than [Illegible Text] nor more than $500 60. Sec. VII. (Repeals conflicting laws.) ASSENTED to December 22d, 1857.

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FORT VALLEY. Sec. 1. Election of Commissions, term of service, etc. Sec. 2. Comm'rs may pass by-laws and ordinanees, and enforce same. Sec. 3. Moneys etc. to be placed in the Treasury. Sec. 4. Repealing clause. (No. 152.) An Act to amend the Act incorporating the Town of Fort Valley, in Houston County, approved March 3 d, 1856. * * REF. NOTE.Act of 3d February, 1856, will be found on p. 377 of Acts 1855-6. 61. Section I. Be it enacted, That from and after the passage of this Act the election of Commissioners of said Town of Fort Valley, shall be held on the first Saturday of January, in each year. And said Commissioners when so elected shall serve until their successors shall have been elected and qualified. Election of com'rs for town of Fort Valley, held 1st Saturday of January every year. And to serve until suc's elected and qualified. 62. Sec. II. And be it further enacted by the authority aforesaid, That the Commissioners when elected and qualified, shall have full power and authority to pass all by-laws and ordinances, or rules not contrary to the Constitution of this State, or of the United States, that may be necessary in their judgment and discretion for the peace and good order of said Town, and to enforce the same by a fine not exceeding twenty-five dollars, or by imprisonment of not exceeding ten days. By-laws. Fine or imprisonmeni. 63. Sec. III. And be it further enacted by the authority aforesaid, That all moneys arising from licenses, fines and forfeitures, under the provisions of this or any other Act, or of any rules, by-laws or ordinances, passed in conformity therewith, shall go into the Treasury of said Corporation, and be disposed of as the Commissioners thereof may direct. Money etc. to be placed in the Trea'y 64. Sec. IV. (Repeals conflicting laws.) Assented to December 22d, 1857. BUCHANAN. Sec. 1. Commissioners appointed, may pass by-laws, c. Sec. 2. Commissioners may elect an Intendant, Clerk, Treasurer and Marshal, c, Sec. 3. Term of office of Commissioners, and how elected hereafter. Sec. 4. Corporate limits defined. Sec. 5. Limits within which Commissioners have authority, vacancies how filled. Sec. 6. Repealing clause. (No. 153.) An Act to incorporate the town of Buchanan, in the county of Haralson, to appoint Commissioners for the same, and for other purposes therein mentioned. 65. Section I. Be it enacted, That from and immediately after the

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passage of this Act, T. C. Moore, W. N. Williams, Thomas Farmer, John Duke, and Coston, be and they are hereby appointed Commissioners for the town of Buchanan, in the county of Haralson, and they or a majority of them, and their successors in office, shall have power and authority 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 the same. Provided such by-laws, rules and regulations be consistent with the Constitution and laws of Georgia, and of the United States. [Illegible Text] of Buchanan [Illegible Text] powers 66. Sec. II. And be it further enacted by the authority aforesaid, That said Commissioners or a majority of them, shall have full power to convene at any time and at any place within the corporate limits of said town after the passage of this Act, and elect an Intendant, and Clerk, and Treasurer, and Marshal, and such other officers as they or a majority of them, may deem necessary to carry this Act into execution. May elect [Illegible Text] officers [Illegible Text] [Illegible Text] c. 67. Sec. III. Be it further enacted by the authority aforesaid, That said commissioners shall continue in office until the first Saturday in January, 1859, or until their successors are elected and qualified, on which day and on the first Saturday in January annually, thereafter, all free white males living within the corporate limits of said town, who are entitled to vote for members of the Legislature, shall be entitled to vote for the election of five commissioners. Said election shall be presided over by a Justice of the Peace, or Justice of the Inferior Court of said county and two freeholders, who shall count the votes polled, and the five persons receiving the highest number of votes polled shall be elected commissioners, and the said managers shall issue to each of them a certificate of their election, which shall be sufficient evidence of their authority to act. Com's to con [Illegible Text] in office until 1st Sat. in Jan. 1859. [Illegible Text] of commis'ers. Who shall hold it. Certificate of election. 68. Sec. IV. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be in the form of a circle, extending one half mile in all directions from the center of the public square thereof. Corporate [Illegible Text] 69. Sec. V. And be it further enacted by the authority aforesaid, That the authority and jurisdiction of said commissioners shall extend throughout the limits of said town, and that provided any vacancy should occur by death, resignation or otherwise, of the said commissioners, the said commissioners shall have power to fill vacancies until an election shall take place as herein provided. Extent of jurisdiction. Vacancies. 70. Sec. VI. (Repeals conflicting laws.) Approved December 22d, 1857.

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HOLMESVILLE. Sec. 1. Corporate limits and Commissioners powers, c. Sec. 2. Repealing clause. (No. 154.) An Act to extend and define the corporate limits of the town of Holmesville. in the county of Appling. * * REF. NOTE.Holmesville was incorporated by Act of 7th February, 1854, See Acts of [Illegible Text] p. 252 By that Act the corporate limits were declared in the following words: That the corporate limits of said town shall embrace all the lands which may be purchased by the Inferior Court of said county for the county site. Sec. III. of Act of 7th February, 1854. 71. Section I. Be it enacted, That from and after the passage of this Act, the corporate limits of the town of Holmesville, in the county of Appling, shall extend for the distance of three hundred yards, north, east, south and west, from the Court House, forming a square of six hundred yards on each side, the Court House being in the center of said square, and the commissioners of said town shall have full power and authority to make all needful by-laws, rules and regulations for the government of said town, and to be observed within the said limits. Corporate limits to extend 300 y'ds north, east, south and west, form'g a square and court house in center. Com's may make by-laws, rules, and regula's for governmt of Lowa. 72. SEC. II. (Repeals conflicting laws.) Assented to December 22d, 1857. IRWINVILLE. Sec. 1. Irwinville incorporated, corporate limits declared. Sec. 2. Commissioners may be elected, their powers. Sec. 3. Commissioners after first election how elected. Sec. 4. Commissioners made a body corporate, vacancies in their body how filled. Sec. 5. Retail license. (No. 155.) An Act to incorporate the town of Irwinville, in Irwin county, and to confer upon the citizens of said town the privileges of electing town Commissioners, with certain powers therein enumerated, and for other purposes. 73. Section I. Be it enacted, That the town of Irwinville be and the same is hereby incorporated, and that the limits of said incorporation extend one-fourth of a mile from the residence of B. B. Ramsom in every direction. Irwinville [Illegible Text] corporated. Corporate limits declared. 74. Sec. II. Be it further enacted, That the citizens of said town qualified to vote for members of the General Assembly, may, at any convenient time after this bill shall become a law, elect three suitable persons to act as commissioners, who, as well as their successors

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in office, shall have power to make such by-laws for the government and good order of said town as may be necessary. Provided, such by-laws are not repugnant to the Constitution of this State or of the United States. [Illegible Text] [Illegible Text] may be elected. Who may make by-laws for the governm't of said town. 75. Sec. III. Be it further enacted, That after the first election above named, the citizens aforesaid shall hold their election for commissioners annually, on the first Saturday in January, under the same rules, restrictions and regulations, as are required for holding elections for members of the General Assembly. Com's elected after first election, to be elected on 1st Sat. in Jan. annually. 76. Sec. IV. Be it further enacted, That the said commissioners so elected, be a body politic, for the purposes set forth in this Act, and they have power to fill all such vacancies as may occur in their body, between the period of their elections, as pointed out by this Act. Com's declared a body corporate and may fill vacancies in their own body till time of regular elections. 77. Sec. V. Be it further enacted, That the power to retail spirituous or fermented liquors within the corporate limits of said town be vested exclusively in said commissioners, under such regulations and restrictions as they may from time to time enact. Power to grant retail license in said town exclusively vested in the commis'rs. Assented to December 22d, 1857. JASPER. Sec. 1. Commissioners appointed. Sec. 2. Time and mode of electing Commissioners hereafter. Sec. 3. Commissioners may appoint a Marshal, Clerk and other officers, corporate limits, c. Sec. 4. Commissioners' powers as to fines, c. Sec. 5. Repealing clause. (No. 156.) An Act to incorporate the town of Jasper, in the county of Pickens, in this State, and for other purposes. 78. Sec. I. Be it enacted, That A. K. Blackwell, John A. Lyon, Adin Keeter, L. W. Hall, and George W. Harmon, be and they are hereby appointed commissioners of the town of Jasper, in the county of Pickens, in said State, with full power and authority to make all needful rules, and by-laws, and regulations necessary for the government of said town, not repugnant to the Constitution and laws of this State, nor of the United States. Town of Jasper, Pickens co. incorpo'd Commis'rs. Powers, rights, etc. 79. Sec. II. Be it further enacted by the authority aforesaid, That said commissioners shall continue in office until the first Saturday in January, 1859, on which day, and on the first Saturday in each and every year thereafter, all persons entitled to vote for members of the Legislature, shall assemble at the Court House in said town, and shall, by ballot, elect five commissioners, who shall continue in office for one year, and until their successors are elected and qualified, and shall be eligible to a re-election. Said election shall be held by two Justices of the Peace, or two Justices of the

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Inferior Court, or one of either, together with one freeholder, whose duty it shall be to count out the votes of said election, and give to the persons receiving the highest number of votes at said election a certificate of his or their election; and if said election should not, from any cause, be held on the day aforesaid, then it shall be held at such other time as a majority of the commissioners may determine; they giving five days previous notice of such election. Election of commis'rs. Com's how long to continue in office Election by whom held. Certificate of election. 80. Sec. III. Said commissioners shall have power to appoint a Marshal, and Clerk, and such other officers as they may deem necessary to carry this Act into effect; and that the jurisdiction of said commissioners shall extend one quarter of a mile in each direction, from the Court House, in said town of Jasper, and they are hereby authorized to act as commissioners of roads and streets in said town, to the distance aforesaid. And said commissioners shall have power to collect a tax under such rules and regulations as they may prescribe for the use of said incorporation, upon all property subject to be taxed by the laws of this State. Provided, said tax does not exceed twenty-five per cent. on the State tax. Com's to appoint certain officers. Limits of jurisdiction. Certain powers. Tax. 81. Sec. IV. Said commissioners shall have power and authority to impose such fines upon all persons violating any of the by-laws of said incorporation as they may deem necessary for the good order of said town, and to imprison any person who shall fail to pay such fine in such manner as they may prescribe. May punish by fine and imprisonm't. 82. Sec. V. (Repeals conflicting laws.) Assented to December 22d, 1857. LAGRANGE. Sec. 1. Election of Mayor and Aldermen to be on the first Saturday in Jan. annually. (No. 157.) An Act to fix the time for the election of officers in the city of LaGrange, in the county of Troup, and State of Georgia. 83. Section I. The General Assembly of Georgia do enact, That from and after the passage of this Act, the election of Mayor and Aldermen in and for the city of LaGrange, in Troup county, shall be held annually, in accordance with the Act approved in relation to said city, March 3d 1856, * * REF. NOTE.See this Act in Acts of 1855-'6, p. 356, sec. 3. on the first Saturday in January. Election in city of LaGrange first Sat. in Jan. Assented to December 22d, 1857.

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LUMPKIN. Sec. 1. Fifth sec. of Act of the 16th January 1850, repealed. (No. 158.) An Act to repeal the 5th section of an Act entitled an Act to amend an Act to incorporate the town of Lumpkin, in Stewart county, approved January 16th, 1850. * * REF. NOTE. For this Act see Acts of '49-'50, p. 98, 99, 100. 84. Sec. I. Be it enacted, That from and after the passage of this Act, the fifth section of the above recited Act, be and the same is hereby repealed. 5th sec. of Act of Jan. 16, 1850, repealed. Assented to December 22d, 1857. MACON. Sec. 1. Section 27th of Act of 1847, repealed, and another section passed in [Illegible Text] thereof. Sec. 2. Street lands or alleys, encroachments on, how removed, c. Sec. 3. Mayor pro tem. when and how elected. Sec. 4. Repealing clause. (No. 159.) An Act to alter and amend the Charter of the City of Macon. 85. Section I. Be it enacted, That from and after the passage of this Act, the twenty-seventh (27th) section * * REF. NOTE.For sec. 27 of Act of 1847, see Acts of 1847, p. 41. of the Act entitled An Act to alter and amend the several Acts incorporating the City of Macon, approved December 27th, 1847, be and the same is hereby repealed, and in lieu thereof, shall read as follows: The Mayor of the City of Macon shall have power to impose [Illegible Text] for the violation of any ordinance of the city, passed in accordance with its charter, to the amount of one hundred dollars, and to imprison offenders in the common jail of Bibb county, for the space of one month. The said fine after being regularly assessed, shall be collected by execution to be issued by the City Treasurer against the estate of said offender, if any to be found, if none, the offender may be imprisoned as before provided. [Illegible Text] 27th of Act 27th Dec 1847 repeal'd New section in place of old one. Mayor may impose fines of not more than 100 dols and imprison not longer than one month. Fine to be collected by execution. 86. Sec. II. Be it enacted by the authority aforesaid, That in all cases of encroachment upon street lands or alleys in said city, the said Mayor and Council shall have power to remove the same upon reasonable notice, or to permit and sanction the same for a fair and reasonable compensation in money, to be paid into the City Treasury, said Mayor and Council having due regard to the interests of the property-holders who may be affected thereby. If no property, offender to be impri'd Mayor and Council may remove str't. encroachment, Notice. Or have pay for the same. 87. Sec. III. Be it enacted by the authority aforesaid, That the said Mayor and Council, or a majority of the Council, shall have

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full power to elect a Mayor pro tem. who shall be clothed thereby with all the rights, privileges and duties of the Mayor elect, when and during the sickness or absence of the Mayor, upon taking the usual oath, and not otherwise. And if the Mayor pro tem. as well as the Mayor elected by the people, should both be unable from any cause to attend to their duties, the Council shall elect another Mayor pro tem. who shall thereby be clothed with all the rights, powers and duties of Mayor of the city, upon taking the usual [Illegible Text] and who shall serve only during the absence of the Mayor. A judgment of acquittal or conviction by said Mayor may and shall be plead in bar in any Court for the same offence, provided said Mayor has jurisdiction. Mayor pro. tem. 2d Mayor pro. tem. Oath. Judgment of Mayor when may be [Illegible Text] in [Illegible Text]. 88. SEC. IV. (Repeals conflicting laws.) Assented to December 22d, 1857. MADISON. Sec. 1. Commissioners may enforce their ordinances and judgments by fi. fa., ca. sa. or by imprisonment. Sec. 2. Persons arrested may be imprisoned till meeting of board. Sec. 3. Election of Comm'rs. etc. Sec. 4. Comm'rs. to elect a Marshal. Sec. 5. Comm'rs may enact ordinances, etc. Sec. 6. Repealing clause. (No. 160.) An Act to amend the several Acts now in force touching the corporation of the Town of Madison, Morgan county, in this State, and for other purposes therein mentioned. The General Assembly of the State of Georgia, do enact as follows: 89. Section I. From and after the passage of this Act, it shall be lawful for the Commissioners of said Town of Madison, to enforce any of their ordinances, and their judgments against persons violating the same, either by fieri facias, capias ad satisfaciendum or by imprisonment in the town prison. Judgments and ordinances, how enforced. 90. Sec. II. From and after the passage of this Act, it shall be lawful for the Marshal of said Town of Madison, whenever he shall arrest a person in the act of violating any ordinance of said Town, or by virtue of a warrant issued by the corporate authorities thereof, and shall from any cause be unable to procure a meeting of the Board of Commissioners to commit said person so arrested to the Town prison for safe keeping, until the said Marshal can procure a meeting of said Board, which he shall do at the earliest possible moment, and it shall be lawful for said Marshal to confine any person whenever necessary to prevent a breach of the peace; but said imprisonment shall continue no longer than the existence of such necessity. Marshal authorized to imprison persons arrested until a [Illegible Text] of the board can be had. May imprison to [Illegible Text] a breach of the peace. 91. Sec. III. The Board of Commissioners for said Town to be elected under the acts now in force on the second Monday in January,

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eighteen hundred and fifty-eight, shall hold their office until the first day of January, eighteen hundred and fifty-nine, and no longer, and the term of office of each Board of Commissioners for said Town thereafter, to be elected, shall be one year, to commence on the first of January, of each and every year, and the election to take place on the first Saturday in October preceding the term of service, and each Board when so elected, may immediately qualify, but shall not enter upon the duties of their office until the first day of January of the year for which they shall have been elected, only so far as to elect a Town Marshal for the year for which the said Board shall be elected. Board of comm'rs to be elected [Illegible Text] Mon. in Jan. 1858 to hold office till 1st Jan. 1859. Term of office 1 year. Election 1st Sat. in Oct. May qualify as soon as elected. But not to enter upon discharge except to elect a Marshal, until 1st Jan. 92. Sec. IV. Each and every Board of Commissioners for said Town shall elect a Town Marshal, or Marshals to serve during their said Commissioners' respective terms of office, subject to removal by said Board of Commissioners. Each Board of comm'rs to elect a town Marshal. 93. Sec. V. The Board of Commissioners may have power to enact any ordinance they may deem essential to prevent the sale of ardent spirits to free white persons under the age of twenty-one years, by any retailer in the corporate limits of said Town, the power of punishment not to extend beyond imprisonment and fine in the Town prison, or both in the discretion of the Commissioners. May pass Ordinance to prevent the sale of ard. spir. to persons under age of 21 ysr Punishment 94. Sec. VI. (Repeals conflicting laws.) Assented to December 22, 1857. MARSHALLVILLE. Sec. 1. Part of 9th sec. of Act of 1854 repealed, corporate limits extended. (No. 161.) An Act to extend the corporate limits of the town of Marshallville, in Macon county. 95. Section I. Be it enacted, That so much of the 9th * * REF. NOTE. For 9th sec. of Act of 20th February, 1854, see Acts of '53-'4, p. 123. section of an Act entitled an Act to incorporate the town of Marshallville, in Macon county, and to confer certain privileges and powers on the commissioners thereof, and for other purposes, approved 20th February, 1854, as relates to the corporate limits of said town, be so amended as to extend the said corporate limits of said town three-fourths of a mile in every direction from the point designated in said 9th section of said Act. Act of 20th Feb. 1854, amended. Corporate limits of Marshallville extended. Assented to December 22d, 1857.

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MILLEDGEVILLE. Sec. 1. Sec. 14th of Act of 1836, construed. Sec. 2. Division of city into wards abolished. Sec. 3. In election of Mayor and Aldermen majority of all votes cast necessary to choice. (No. 162.) An Act amendatory of the several Acts of force in reference to the corporation of the city of Milledgeville. 96. Section I. Be it enacted, That from and after the passing of this Act, that the powers of the Mayor and Aldermen of the city of Milledgeville, as prescribed by the fourteenth * * REF. NOTE. For fourteenth sec. of Act of 30th December, 1836, see Acts of 1836, p. 93. section of the Act of 1836, assented to on the 30th December, 1836, to levy taxes for the annual service of the corporation of Milledgeville, shall not be construed to extend to other purposes than to the care of the streets, city police, and like matters of municipal concern, and that the tax levied for such purposes only shall not exceed, any one year, the amount of tax levied and raised by the State of Georgia upon persons and property within the corporate limits of the city of Milledgeville. Provided nevertheless, nothing in the foregoing section shall be held to restrict the general powers of the corporation in relation to itinerant traders, circus shows, and nuisance. 14th sec. of act of 30th Dec. 1836, construed. Taxes for what purposes levied and what prct. on State tax. Proviso as to itinerant traders, circuses, shows, c. 97. Sec. II. And be it further enacted, That so much of the Act aforesaid, as divides the city into wards be, and the same are hereby repealed, and that in lieu of an election by wards, as heretofore, a Mayor and six Aldermen shall be elected annually, by general ticket, by all persons living within the corporate limits of Milledgeville, who are taxed by the ordinances of the city, and who, in other respects, have the qualification of voters for members of the Legislature. Said act of 1836, as to dividing city into wards repealed. Mayor and 6 Aldermen to be elected by all the voters who pay city taxes of Mill. 98. Sec. III. And be it further enacted, That a majority of all the votes cast at any election for Mayor and Aldermen aforesaid, shall be necessary to a choice; but should there be a failure to elect a board or number thereof, by want of the required majority, a new election for such person so wanting a majority shall be ordered by the acting board, to take place in ten days, with a view to the obtainment of the necessary majority. Maj. of all votes cast necessary to a choice. In case of failure of one or all getting such maj., new elec. to be ordered to make up the number. Assented to December 22d, 1857.

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MONTOUR VILLAGE Sec. 1. Montour Village incorporated, commissioners appointed, c. Sec. 2. Residence of coms. by-laws must be published, and how. Sec. 3. Repealing clause. (No. 163.) An Act to incorporate the Montour Village of Hancock county, appointing Commissioners and defining the limits of said village. 99. Section I. Be it enacted, That William Fraley, Ezekiel F. Cothern, George W. Watkins, Samuel A. Pardee, George G. Wilbur, for the time being, and their successors, as stockholders of the Montour Company after them, in the event of the sale or transfer of the stock of said company, be and they are hereby appointed commissioners of the village surrounding and adjacent to the Factory, owned by said company, which is hereby intended to be incorporated under the name and style of the Montour Village; the limits of which shall extend from the southern boundary of the village of Sparta, south one quarter of a mile, and from a line running through the center of the factory aforesaid, drawn north and south, one-eighth of a mile, both east and west of said line. That said commissioners, or any three of them, shall, by the first day of February, 1858, and on the first Monday in January, in each succeeding year, convene, appoint a Clerk and other officers, necessary to the proper government of the village aforesaid, adopt such by-laws and regulations for the purposes aforesaid, as to them shall seem reasonable and just, provided the same are not inconsistent with the laws of the State; and that they, the said commissioners, shall not exceed by way of fine, one hundred dollars, and by way of imprisonment, more than thirty days in the common jail of the county, for any violations of their said by-laws, rules and regulations. Com's of Montour Village. Corporate name Montour Village. corporate limits. Com's to appoint a clerk and other officers annually. By-laws. Am't of fine not to exceed $100, nor imprisonm't 30 days. 100. Sec. II. And be it further enacted, That it shall not be necessary for the said commissioners, being stockholders, to live within the incorporated limits of said village. The said commissioners, and their successors, shall publish upon the doors of said factory, and in two other public places, within said village, the laws regulating the same. Com's being stockholders in factory need not live within cor. limits. By-laws how published. 101. Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857.

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PRESTON. Sec. 1. Commissioners appointed, their powers and privileges. Sec. 2. Clerk, Treasurer, their fees. Sec. 3. Election of officers, c. Sec. 4. Clerk and Marshal. Sec. 5. Officers' oath and bond. Sec. 6. Commissioners J. P. ex-officio. Sec. 7. Road and street duties. Sec. 8. Corporate limits. Sec. 9. Nuisances, taxes, fines, c. Sec. 10. Taxes, how collected. Sec. 11. Treasurer, his duties, c. Sec. 12. Shows and itinerant traders. Sec. 13. Election in Milton county. (No. 164.) An Act to appoint the persons herein named Commissioners of the town of Preston, and to authorize an election to be held in the county of Milton, for a Clerk of the Superior and Inferior Courts, and Ordinary for said county, and for other purposes. 102. Section I. Be it enacted, That from and after the passage of this Act, George M. Hay, John W. Easters, William H. Allen, James G. M. Ball and Henry W. Spears, and their successors in office, shall be and are hereby made commissioners of the town of Preston, the county site of Webster county, and shall be known by the name and style of Commissioners of the town of Preston; and by such, their corporate name, shall sue and be sued, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall have and use a common seal, and shall be capable in law, to purchase, hold, receive, enjoy, possess and retain to them and their successors in office, for the use and benefit of said town of Preston, in perpetuity, or for any term of years, any estate, or estates, real or personal, lands, tenements and hereditaments, of what kind soever, within the limits of said town, and to sell, alien, exchange or release the same, or any part thereof, in any way whatever; and the said commissioners, or their successors in office, shall have full power and authority to pass all by-laws and ordinances respecting the streets of said town, to open, improve, or lay out the same, respecting public buildings, work houses, public houses, pumps, wells, care of the poor, suppression of disorderly houses, regulation of negroes and free persons of color, and every by-law, regulation or ordinance that shall appear necessary and proper to them, for the security, wellfare and interest of said town, or preserving the peace, health, morals and good government of the same; provided, such rules, by-laws, and ordinances are not repugnant to the constitution and laws of this State. Com'rs appointed. C'rp'e name in which may sue and be sued, etc. Seal. May purch'e and hold property for use of t'wn in the corp's limits, and may sell same. May pass all by-l'ws, rul's and regula's respect'g sts. p'blic buil'gs workh'uses, public h'ses, pumps, etc. Proviso. 103. Sec. II. And be it further enacted, That L. F. Birdsong is hereby appointed Clerk, J. W. Jassey, Treasurer, of said town of Preston, and that the fees and salaries of said officers are to be fixed and regulated by the by-laws and ordinances of said commissioners. Clerk. Treasurer, Their salary and fees. 104. Sec. III. And be it further enacted, That said commissioners, marshal and treasurer, shall continue in office until the first Saturday in January, 1859, on which day, and on the first Saturday in January annually thereafter, the citizens of said town, living

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within the corporate limits of the same, who shall be entitled to vote for members of the General Assembly, shall assemble at the Court House, or some other convenient place in said town, and by ballot, elect five commissioners, who shall continue in office for one year, and until their successors are elected and qualified; and in the event that there shall be no election held at the time and place pointed out in this Act, the commissioners in office are hereby empowered to order an election for commissioners, marshal, and treasurer, and also for any vacancies that may occur by death, resignation or otherwise. Term of [Illegible Text] of present officers. Th'ir succ'rs to be elected on 1st Sat. in Jan. annually. Place of elect'n, mode of. Five com's. Term of office. In case of no elect'n at regular time, elect'n may be ordered. Vacancies, [Illegible Text] filled. 105. Sec. IV. And be it further enacted, That the aforesaid commissioners, or their successors in office, shall at the first regular meeting after the election or organization, proceed to elect, by ballot or otherwise, a clerk and marshal to the board of commissioners, who shall continue in office until a new election for town commissioners is held, unless otherwise removed by said board of commissioners. Clerk and marshal h'w [Illegible Text] 106. Sec. V. And be it further enacted, That before any of the commissioners, marshal, treasurer, or clerk, elected under the provisions of this Act, shall enter upon the duties of their respective offices, they shall take and subscribe, before some Justice of the Peace, or Justice of the Inferior Court of Webster county, an oath or affidavit faithfully to discharge the official duties of their respective offices, to the utmost of their abilities, during their continuance in office, and said marshal and treasurer shall give bond and security to said town commissioners for the faithful discharge of their official duties, in such sum as said commissioners shall by their by-laws direct. Oath of officers. Marshal and treas. shall give b'd and security. 107. Sec. VI. And be it further enacted, That a majority of said commissioners shall, in all cases, constitute a quorum to transact any and all business; and each commissioner shall, to all intents and purposes, be a Justice of the Peace, so far as to enable them, or any one of them, to issue warrants for the violation of the penal laws of this State, within the corporate limits of said town, which warrant shall be executed by the town marshal, and to commit to the jail of Webster county, or admit to bail, offenders, for their appearance at the next term of the Superior Court therefor; and it shall be the duty of the Jailor of said county, to receive all such persons so committed, and safely keep them until discharged by due course of law. Quorum. Com's to be Just's of the Peace exofficio, for certain purposes. May issue warr'ts, etc. may committe jail. Jail'rs duty, etc. 108. Sec. VII. Be it further enacted, That all persons living within the corporate limits of said town, shall be exempt from road duty, without the limits of said town, but that the said commissioners shall have power and authority to call out each and every male person within the limits of said corporation, subject to road duty, according to the laws now in force in this State; or said commissioners shall have power and authority to levy and collect a tax for the purpose of having the roads and streets kept in good order, which shall be a commutation for road and street duty. Road duties. Road and st. duties. 109. Sec. VIII. And be it further enacted, That the limits and bounds of said corporation of the town of Preston, shall include the

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town lot, extending north and east, so as to include the residence and town property of Wm. H. Allen, and O. C. McGrady and John A. Rease. Corporate limits. Com'rs may order marsh. to abate [Illegible Text] 110. Sec. IX. And be it further enacted, That said commissioners shall have full power and authority, by order, to authorize said town marshal to remove all pests and nuisances within the corporate limits of said town, and in the discharge of any of his official acts, to call and summon to his aid and assistance, any and all persons, in the same manner as sheriffs are authorized to do by the laws of this State, and especially to require the said town marshal to prosecute before the Superior Court of Webster county, all offenders for a violation of the penal laws of this State within the corporate limits of said town, and said commissioners shall have power to make all contracts which they shall deem necessary for the welfare of said town, to levy a tax not exceeding fifty per centum on the State tax, on all persons and property within the corporate limits of said town, subject to taxation by the laws of this State, which tax shall be collected by the town marshal, who shall act as receiver of said town; which tax shall be collected at such time, and in such manner as said commissioners shall direct in their by-laws, and shall pay over to the treasurer of said town, on or before the first day of December in each and every year. The commissioners shall also have power and authority to impose such fines, not exceeding twenty-five dollars, for a violation of any or all the by-laws and ordinances of said town, within the corporate limits of the same, and the payment of all fines imposed shall be enforced in the same manner as is hereinafter provided for the collection of taxes. Marsh'l may comm'd the posse comitatus. Marshal to pr'secute for offe'ses ag'st the penal laws of State committ'd in the corpra'n. Com'rs may make contracts, etc. may levy tax not over 50 per cent on State tax on citizens of town. Marshal to collect taxes as by-laws may direct, and pay over same to the treasurer. Com'rs may impose fines not more than $25. Fines, how collected. 111. Sec. X. And be it further enacted, That when any person or persons shall have property within the corporate limits of said town, shall fail, refuse or neglect to pay the taxes imposed according to this Act, the clerk of said board of commissioners shall issue execution for the same, which execution shall be signed by said clerk, and bear test in the name of one of the commissioners, and be directed to said marshal, commanding him to levy on the goods, lands, chattels and tenements of the defendant, or so much thereof as shall be sufficient to satisfy the demands and cost; which execution shall bind all property of the defendant from the date thereof, and the said town marshal shall proceed to advertise and sell in such manner as the laws and ordinances of said town shall or may direct. Taxes, how collected. Exec'n may issue therefor, directed to marshal, property subject may be seized, [Illegible Text] sold as by-laws may direct. 112. Sec. XI. And be it further enacted, That the town treasurer shall keep a book, in which he shall make an entry of all money received, and from whom, and upon what account it was received, and shall also make an entry of all sums of money paid out, and for what purpose, and shall take receipts for the same; and said book shall be subject to inspection by any and all of said commissioners, at any and all times; and all sums of money paid to the treasurer, by this Act, shall be and they are hereby directed to be a fund for the exclusive benefit of said town; and it shall be the duty of said marshal and clerk to pay over to said treasurer, all money

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coming into their hands, and take his receipt for the same; and the money belonging to said town shall be disbursed only by order of said commissioners. Duties of treasurer. Shall keep a book. All moneys paid to [Illegible Text] shall [Illegible Text] town. Marshal and clerk to pay over to Tr. all moneys belonging to down take receipt, etc. 113. Sec. XII. And be it further enacted, That the said commissioners shall have power to tax all shows and performances for the purpose of gain; all itinerant traders; and they shall have power to enforce the collection of taxes and fines in such manner as they may think proper. Shows and itinerant traders may be taxed. 114. Sec. XIII. And be it further enacted by the authority aforesaid, That there shall be an election held in the county of Milton, on the first Monday in March next, for a Clerk of the Superior Court, Clerk of the Inferior Court, and Ordinary for said county. A cl'k of the Supr. Ct. a clerk of the Infr. Ct. and Ordinary for the co. of Milton may be elected on the 1st [Illegible Text] March, 1858. 115. Sec. XIV. (Repeals conflicting laws.) Assented to December 22d, 1857. RINGGOLD. Sec. 1. Corporate limits changed, so as to exclude residence of George W. Vaughan. Sec. 2. Election of Commissioners how held, and vacancies how filled. Sec. 3. Repealing clause. (No. 165.) An Act to change the Boundary Line of the incorporate limits of Ringgold in Catoosa County, and to confer certain powers and privileges upon the Commissioners of said Town. 116. Section I. Be it enacted, That the boundary line of the incorporate limits of the town of Ringgold be so changed as to exclude from, and leave out of said incorporation the residence of George W. Vaughan. Corporate limits of Ringgold changed. 117. Sec. II. Be it further enacted, That the Commissioners of said Town of Ringgold be and they, or a majority of them, are hereby authorized and empowered to superintend the elections for Commissioners of said Town, and should any vacancy occur in the Board of Commissioners of said Town, either by death, resignation or otherwise, the other Commissioners in office shall have power, upon giving ten days notice, to hold an election to fill said vacancy or vacancies. Comm'rs [Illegible Text] superin send elect'ns of comm'rs. Vacancy how filled. 118. Sec. III. Any law to the contrary notwithstanding. Assented to December 22, 1857.

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ROME. Sec. 1. Subscription for stock in the Georgia and Alabama Railroad Co. (No. 166.] An Act to authorize the City Council of Rome to subscribe one hundred thousand dollars of stock in the Georgia and Alabama Railroad Company, upon certain conditions, and for other purposes. 119. Section I. The General Assembly do enact, That the City Council of Rome shall and may be, and are hereby authorized to subscribe for one hundred thousand dollars of stock in the Georgia and Alabama Railroad Company, and to issue bonds for not more than that sum in bonds of five hundred dollars each, due in twenty (20) years, bearing interest at the rate of six per cent. per annum, payable semi-annually in the City of Rome, for the purpose only of purchasing iron for said road; provided, that said subscription shall not be made or said bonds issued until the same shall be ordered by a vote of two-thirds of those entitled to vote for members of the General Assembly in the corporate limits of said city. The City Council of Rome may subscribe for $100,000 of stock in the Geo. and Alabama R. R. Co. to purchase iron for said road, provided it be ordered by vote of two-thirds of the votes of the city of Rome. Assented to 22d December, 1857. SAVANNAH. Sec. 1. Certain rights of Wharf Head granted to the City of Savannah. (No. 167.) An Act to grant to the Mayor and Aldermen of the City of Savannah, and the Hamlets thereof, certain lines of Wharf Head therein named. 120. Section I. Be it enacted, That all the rights and interest of the State of Georgia in and to the line of Wharf Head recently erected at the entrance of the channel of the Savannah River, between Hutchison and Fig Island, by the General Government, are hereby transferred, granted and set over unto the Mayor and Aldermen of the City of Savannah and the Hamlets thereof; any law to the contrary notwithstanding. Certain lines of Wharf Head granted to Mayor and Aldermen of Savannah. Assented to 22d December, 1857.

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SWAINSBORO. Section 1. Swainsboro incorporated, corporate limits declared. Section 2. Commissioners appointed. Section 3. Commissioners to be elected annually on first Monday in January. Sec. 4. Election how held, oath of office. Sec. 5. Powers and duties of Commissioners, by-laws, retail license c, Sec. 6. Repealing clause. (No. 168.) An Act to incorporate the Town of Swainsboro, in Emmanuel County. 121. Section I. Be it enacted, That the said town of Swainsboro, in Emmanuel county, be and the same is hereby made a body corporate, and the limits of said town shall be a half mile in all directions from the Court House, that is situated in said town. Swainsboro incorporated Corporate [Illegible Text] declared. 122. Sec. II. Be it further enacted, That Matthew Overstreet, J. J. Morren, V. E. Hargrove, D. M. Smith and E. B. Lewis, are hereby made Commissioners of said town, who shall hold their offices until the first Monday in January, 1859, and until their successors are elected and qualified. Coms. appoint'd, their term of office til 1st Monday in Jan. 1859. 123. Sec. III. Be it further enacted, That on the first Monday in January, 1859, it shall be the duty of the citizens of said town, qualified to vote for members of the General Assembly, to elect five Commissioners, and so on for each succeeding year, who shall hold their offices as aforesaid. Coms. to be elected 1st monday in Jan annually 124. Sec. IV. Be it further enacted, That said election may be held by any two freeholders of said town, who shall certify who are elected, and the persons who have such certificate, shall take an oath before some Justice of the Peace, well and truly to perform the duties of their offices; the persons receiving the highest number of votes, for their respective offices, being entitled to an election. Election, how held. Persons elected shall take an oath of office. 125. Sec. V. Be it further enacted, That said Commissioners shall have power to appoint a Marshal for said town; and the exclusive power to grant license for the retail of spirituous liquors within the corporate limits of said town, at such rates and upon such terms as they may deem proper, and to pass any other ordinance that they may think proper for the security of the peace, promotion of the health, prosperity and comfort of the inhabitants of said town, the same not being repugnant to the Constitution and laws of this State or of the United States. Marshal. Retail licens' By-laws. Proviso. 126. Sec. VI. (Repeals conflicting laws.) Repealing clause. Assented to December 22d, 1857.

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THOMASTON. Section 1. Commissioners appointed, their powers, c. Section 2. Oath of Commissioners. Section 3. Term of office, election. Section 4. Vacancies. Section 5. Jurisdiction, extent of. Section 6. Marshal, Clerk and other officers Sec. 7. Taxes, how and by whom collected. Sec. 8. Roads and streets. Sec. 9. Retail license, nuisances, billiard tables, c. c. Sec. 10. Repealing clause. (No. 169.) An Act to incorporate the town of Thomaston, in the county of Upson, to appoint Commissioners for the same, and to confer certain powers upon said Commissioners. 127. Sec. I. Be it enacted, That John C. Drake, John Thompson, John N. Webb, William Caraway and Norman Bryan, be and they are hereby appointed Commissioners for the town of Thomaston, in the county of Upson, who shall, as soon as convenient, elect from their body, a President, and said President and Commissioners, and their successors in office, are hereby declared to be a body corporate and politic, under the name and style of the Commissioners of the town of Thomaston, and by that name they shall be able and capable in law, of suing and being sued, pleading and being impleaded in any of the Courts of Law or Equity in this State, and the said Commissioners, or a majority of them, and their successors in office, or a majority of them, shall have power and authority to make all by-laws, rules and regulations necessary for the government of said town. Provided the same are not repugnant to the Constitution and laws of this State, or of the United States. [Illegible Text] of Thomaston, in Upson co. President. Name of corporation. Powers. By-laws. 128. Sec. II. And be it further enacted by the authority aforesaid, That each of said commissioners, before they enter upon the duties of this office, shall take and subscribe, the following oath, to-wit: I,, do solemnly swear, that I will to the utmost of my ability, discharge the duties of Commissioner of the town of Thomaston, during my continuance in office, and that I will support and defend the Constitution of this State, and of the United States, so help me, God. Which oath, when so taken and subscribed, shall be filed and recorded in the Clerk's office of the Inferior Court of said county of Upson. Coms. to take oath. The oath. Oath to be filed and recorded. 129. Sec. III. And be it further enacted by the authority aforesaid, That the said Commissioners shall hold their office till the first Saturday in January 1859, and until their successors are elected and qualified. Provided, that if the election aforesaid shall not be held on the day aforesaid, that it shall be lawful to hold said election on any day thereafter, upon ten days notice being given thereof by the acting Commissioners, at which time, also on the first Saturday in January in every year thereafter, an election shall be held for Commissioners of said town of Thomaston, and all free, white male inhabitants, residing within the corporate limits of said

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town, at the time of any such election, who are entitled to vote for members of the Legislature, shall be entitled to vote for said Commissioners. Term of office. Elec. may be held upon 10 days notice, if not at reg. time. Annua 1st Sat. in January. Qual. of voters. Vacancies. 130. Sec. IV. And be it further enacted by the authority aforesaid, That if any vacancy occurs by death, resignation or otherwise, of said Commissioners, they shall have power to fill such vacancy until an election shall take place as heretofore provided for. 131. Sec. V. And be it further enacted by the authority aforesaid, That the authority and jurisdiction of said Commissioners, and their successors in office, shall extend over and embrace all that portion of land which lies within three-fourths of a mile in all directions from the Court House in said town. Extent of Jurisdiction. 132. Sec. VI. And be it further enacted by the authority aforesaid, That said Commissioners, or a majority of them, shall have full power to commence at any time or place, within the corporate limits of said town, and proceed to appoint a Marshal, Clerk and such other officers as they may deem necessary to carry this Act into execution, which officers, when so appointed, shall give bond and security to said Commissioners of said town in a sum to be fixed by said Commissioners of said town, for the faithful performance of their respective duties. City officers, appointm't of. Bond. Amt. of fix'd by coms. 133. Sec. VII. And be further enacted by the authority aforesaid, That the Commissioners of said town, shall have power to levy a tax for the support of the government of said town, on all real and personal property within the corporate limits of said town, not exempt by the State tax laws, and also a poll tax on all residents of said town, who are, by law, liable to pay State poll tax, to be collected by the Marshal or his deputy, and said Commissioners shall have power, by their Clerk, to issue execution for all fines and taxes, bearing test in the name of the President of the board and directors, to the Marshal. Town tax. Collected by marshal. Fines and taxes collected by execution. 134. Sec. VIII. And be it further enacted by the authority aforesaid, That the said Commissioners of said town, or a majority of them, shall have power to call out the hands, subject by law, to work the roads, for the purpose of working the streets and roads within the corporate limits of said town, at such times as they may think proper, not more than ten days in a year, and all residents in the said corporate limits shall be and they are hereby exempted from their liability to do road duty outside of said corporate limits of said town. Coms. may call out hands to work streets. Not more than 10 days in a year. Exempt fr'm road duty. 135. Sec. IX. And be it further enacted by the authority aforesaid, That the power to grant license for the retail of spirituous liquors within the corporate limits of said town, shall be and the same is hereby vested exclusively in said Commissioners, and said Commissioners, or a majority of them, shall have power to remove all nuisances from the streets and lots of said town, to tax billiard tables, ten pin alleys, showmen, c., to enforce the execution of the patrol laws within said corporate limits, and to punish all offenders against the by-laws, rules and regulations of said town, by fine or imprisonment at their discretion, the fine in no case to exceed one

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hundred dollars, or the imprisoment ten days, and the said Commissioners, or a majority of them, shall also have the power of Justices of the Peace within the corporate limits of said town, so far as to bind over to the Superior Court, all persons guilty of offences within said corporate limits, or for want of bail, to commit them to jail. R'tail license to be grant'd only by coms Nuisances. billiard tables etc. Patrol laws. Punishment fine and imprisonment Fine not more than $100, imprisonment not more than 10 days. Coms. have power to bind over criminals to Supr Ct. 136. Sec. X. (Repeals conflicting laws.) Assented to 22d December, 1857. THOMASVILLE. Sec. 1. Mayor and Councilmen, their powers over streets, c. Sec. 2. Marshal, removal, vacancy of, c. Sec. 3. Taxes. Sec. 4. By-laws, c. Sec. 5. Retail license, penalty of selling without. Sec. 6. Wards. Sec. 7. Corporate limits. (No. 170.) An Act to amend an Act entitled an Act to amend the Act incorporating the town of Thomasville, and to grant certain privileges to the same, approved March 6th, 1856. * * Ref. Note.For this Act, see Acts of '55-'6, p. 345. 137. Section I. Be it enacted, That from and after the passage of this Act, the Mayor and Council of the town of Thomasville shall have full power and authority to pass all by-laws and ordinances respecting the streets of said town, to open, lay out and improve new streets, and to remove or cause to be removed any obstacles which may be placed in any streets of said town, now made or hereafter laid out in said town, and that said Mayor and Council shall make proper compensation to the owner or owners of any property taken for public use, and upon any disagreement between said Mayor and Council as to the proper amount of compensation to be paid therefor, it shall be lawful for said Mayor and Council to appoint one disinterested freeholder, of Thomas county, and for the owner or owners to appoint another such freeholder, which two shall appoint a third, or in the event of a failure or refusal of such owner or owners to appoint one, after ten days notice from said Mayor and Council to do so, then said Mayor and Council shall appoint three such freeholders, and it shall be the duty of such freeholders to make and return to the said Mayor and Council a just and impartial valuation of the damages done to such property, and their award shall be in writing and signed by a majority of such appraisers, and shall be binding upon the parties, provided that if either party be dissatisfied with such award, he, she or they may enter an appeal from such award, within ten days after the same is made, to the Superior Court of said county of Thomas, when the damage shall be ascertained by the verdict of a special jury, and such verdict shall be final and conclusive. Powers of Mayor and Council. By-laws. Streets. Comp'n to owners of property taken for public use. Damages how assess'd Award of freeholders to be in writing. Appeal to Sup'r court within 10 days. 138. Sec. II. Be it further enacted by the authority aforesaid, That the said Mayor and Council of the town of Thomasville shall

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have full power and authority to elect by ballot, a Marshal for said town. Said election to be held at such times as they may deem best; and such Marshal so elected, to hold his office for one year, unless sooner removed; and also shall have power to fill any vacancy in the office of Marshal at any time; and that said Mayor and Council shall have full power, at any time, to remove such Marshal from office and elect another in his stead, whenever, in their judgment, such Marshal shall fail or refuse to perform his duty in any respect, or shall be guilty of any violation of the laws or ordinances of said town. Marshal. Election of. Office for 1 year. Vacancy. Mayor and Council may remove the Marshal. 139. Sec. III. And be it further enacted by the authority aforesaid, That said Mayor and Council shall have full power and authority to levy and collect a tax on all solvent bonds, bills, notes, accounts and other evidences of debt, taxable by the laws of this State, and not exceeding the State tax, owned by persons residing in said town, and to collect the same as other taxes. Tax. Not to exceed State tax. 140. Sec. IV. Be it further enacted by the authority aforesaid, That the said Mayor and Council of the town of Thomasville, shall have full power and authority to make, ordain and enforce all such by-laws, rules, ordinances and regulations, as may appear to them necessary and proper for the security, welfare and interest of said town, or for preserving the health, peace, order, morals or good government of the same, not inconsistent with the Constitution or laws of this State, and to punish all offenders against such by-laws, rules, ordinances and regulations. By-laws, e. Offenders may be punished. 141. Sec. V. Be it further enacted by the authority aforesaid, That if any person shall sell, by retail, in quantities less than one quart, any kind of spirituous or intoxicating liquors whatever, within the limits of said town of Thomasville, without a license from the Mayor and Council of said town, for such purposes, such person or persons so offending shall each be fined in a sum not exceeding fifty dollars and costs of trial, on conviction before the Mayor and any three Aldermen of said town, for each and every such offence; and every such sale shall constitute a distinct offence. Provided, that nothing in this section shall be construed to take away or lessen the control and discretion already, by law, vested in the said Mayor and Council, in reference to licenses to retail liquors. Retailing without license punish able by fine not exceeding $50. Mayor and 3 Ald. to sit. This act not to affect powers already vested. 142. Sec. VI. Be it further enacted by the authority aforesaid, That the Mayor and Council of the town of Thomasville may, at any time when they deem it proper, lay off said town into six wards, and that after said town has been so laid off into wards, in every election thereafter, each ward shall be entitled to elect one Alderman for such ward, to be elected at the times and according to the regulations prescribed by a majority of the legal voters of each of said wards, and such Aldermen so elected, with the Mayor to be elected as hereafter prescribed, shall constitute the said Mayor and Council of the town of Thomasville. Wards. Each ward to elect 1 Alderman. Mayor and Council of whom composed. 143. Sec. VII. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the corporate limits of said town of Thomasville shall be extended so as to include all the land lying within the following boundaries, to-wit: commencing at

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the north corner of W. Pomell's lot, where it connects with the present town line, on the branch running with the Fletcherville branch, and running up said first named branch and along the prong of it which crosses the Tallahassee road, south of Fletcher Institute, to its head, thence in a direct line to the head of the branch between Fletcherville and the Magnolia road, thence down said branch to the Fletcherville branch, thence up said last named branch to S. A. Smith's pond, thence due north, to the Groverville road, thence along the north side of said road to the dividing line between lands of A. H. Hansell and Thomas G. Mitchell, thence along said dividing line to the Troupville road, thence along said Troupville road, east, to the first branch, thence down said branch to its junction, and thence in a direct line to the north-west corner of lot number 39, and thence along the line of said lot to the starting point, and also the land on which John D. Edwards lives, and all between it and the corporation lines. Provided, nothing in this Act shall be so construed as to infringe any of the rights or privileges heretofore granted to Fletcher Institute, or to subject the property of said Institute to taxation; and provided also, that lauds included in the limits aforesaid, not laid off into town lots, shall not be subject to taxation by the Town Council. Corporate limits as extended. Not to infringe the rights, c. of Fletcher Ins. Assented to 22d December, 1857. VIENNA. Sec. 1. Commissioners. Sec. 2. Vienna incorporated. Sec. 3. Coms. a body politic, vacancies. Sec. 4. Election of commissioners. Sec. 5. Their powers, c. Sec. 6. Qualification of voters. (No. 171.) An Act to incorporate the town of Vienna, in the county of Dooly, and to appoint Commissioners for the same and to confer certain powers and privileges on said Commissioners. 144. Sec. I. Be it enacted, That Charles H. Everett, Alexander Meriwether, Stephen B. Stovall, Loam Brown, senior, and Count P. Fleming be, and they are hereby appointed commissioners of the town of Vienna, in the county of Dooly, with power and authority to make such by-laws for the government and good order of said town as may be necessary. Provided, that such by-laws are not repugnant to the Constitution of this State or of the United States. Cem's of the town of Vienna. Powers. 145. Sec. II. And be it further enacted by the authority aforesaid, That the said town of Vienna be and the same is hereby incorporated, and that the limits of said incorporation extend from the Court House, covering an area of one square mile. Vienna incorporated. Corporate limits. 146. Sec. III. And be it further enacted by the authority aforesaid, That the said commissioners, and their successors in office, so appointed by this Act, be a body politic for the purposes set forth in this

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Act, and that they, or a majority of them, have power to fill all such vacancies as may occur in said body between the periods of their appointments and the regular terms of the elections for commissioners, as pointed out in this Act. Com's a body politic. Vacancies. 147. Sec. IV. And be it further enacted by the authority aforesaid, That the commissioners herein named and appointed, hold their offices until the first Monday in January, eighteen hundred and fifty-nine, when an election shall be held in said town, and at such places as may, by said commissioners, be appointed, and regulated by such by-laws as they may think advisable, and be from year to year, as long as said corporation may be in existence. Com's herein appointed to hold office till 1st Monday in Jan., 1859. Election of commis'ers. 148. Sec. V. And be it further enacted by the authority aforesaid, That said commissioners, or a majority of them, shall have power and authority to enforce obedience to the by-laws, rules and regulations of said corporation, and to punish for a violation of the laws by fine and imprisonment or either, as in their discretion may seem meet, said fine or fines in no case to exceed twenty dollars, and such imprisonment, in no instance, to exceed ten days. Com's may enforce obedience to bylaws, c., by fine and imprisonm't or either. Fine not to be more than $20, impris. not longer than 10 days. 149. Sec. VI. And be it further enacted, That all persons entitled to vote for members of the General Assembly, and who may then reside within the corporate limits of said town shall be entitled to vote for commissioners and other officers necessary for the government and regulations of said town. Voters and their qualifications. ASSENTED to December 22d, 1857. WEST POINT. Sec. 1. Retail license. (No. 172.) An Act to amend the charter of the city of West Point, in the county of Troup, State of Georgia. 150. Section I. The General Assembly of Georgia do enact, That from and after the passage of this Act, the Mayor and Council of the city of West Point, shall have power to license to retail, and sell by retail, spirituous liquors within the said city, according to the ordinances thereof; and no person or persons shall sell by retail, any spirituous liquors within the same, without first obtaining such license. License to retal in city of West Point by whom granted. Must not retail without license. Assented to December 22d, 1857.

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WARRENTON AND THOMASTON. Sec. 1. Eating houses in Warrenton by free persons of color or slaves prohibited. Sec. 2. Provisions of this Act extended to town of Thomaston, Upson co. Sec. 3. Repealing clause. (No. 173.) An Act to prevent persons owning slaves or the guardians of free persons of color in the town of Warrenton, Warren county, from keeping eating houses and eating tables in said town, and in the town of Thomaston, Upson county. Whereas there are persons both in and out of the county of Warren, who are owners of slaves, or the guardians of free persons of color, and who allow them to keep regular eating houses and eating tables in said town of Warrenton, which induces slaves to steal poultry and other property and sell to these negro eating houses, to keep up their tables, to the great annoyance of the citizens of said town and county: Preamble. 151. Section I. Therefore, be it enacted, That from and after the passage of this Act, any owner of any slave, or guardian of any free person of color, who shall suffer said slave or free person of color to keep an eating house or eating table in said town of Warrenton, shall be indicted for the same, and on proof and conviction of said offence in the Superior Court of said county, he or she so offending shall be fined in a sum not less than twenty, nor more than one hundred dollars. Owner of slave or guardian of free person of color suffering them to keep eating houses, c., in Warrenton indictable. 152. Sec. II. Be it further enacted, That the provisions of this Act be extended to the town of Thomaston, Upson county. Extended to Thomaston. 153. Sec. III. (Repeals conflicting laws.) Assented to December 16th, 1857.

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TITLE VI. CORPORATIONS. ART. I. FIRE COMPANIES. ART. II. INSURANCE COMPANIES. ART. III. MANUFACTURING COMPANIES. ART. IV. MINING COMPANIES. ART. V. STEAM SAW-MILLS. ART. I. FIRE COMPANIES. Sec. 1. Enacting clause. Sec. 2. Brunswick Fire and Engine Co. incorporated, powers, objects. Sec. 3. Meetings, organization, etc. Sec. 4. Annual Meetings, record of proceedings, receipts, etc. Sec. 5. Company under control of city authorities. Sec. 6. Repealing clause. Sec. 7. The Diligent Firemen of LaGrange incorporated, powers, etc. Sec. 8. Act Dec. 30th. 1850, amended so as to exempt from certain duties 50 members of the 1st Div. of the Augusta Independent Fire Co. Sec. 9. Repealing clause. (No. 174.) An Act to incorporate a Fire and Engine Company, for the city of Brunswick, in the county of Glynn. 1. Section I. Be it enacted, c. 2. Sec. II. That from and after the passage of this Act, James Houston, G. Fridland, Geo. W. Stockwell, Geo. N. Philipps, Roberts Hagehurst, Jr., Burr Winter, James Furman, Thomas Barnes, H. B. Robinson, James A. Clubb, Horatio Harris, John C. Moore, Lee P. Anderson, William Williams, George Frazier, P. H. McCoun, J. Hawkins, John McDonough, G. J. Arnow, Dr. Cleveland, and W. H. Dasher, their associates and successors, are hereby incorporated into a Fire and Engine Company, by the name of the Brunswick Fire and Engine Company, with the right to build, purchase, and hold the necessary Engine houses, Engines and all other fire apparatus and implements of all kinds which they deem necessary or proper, and sue and be sued, to make by-laws and to do all other corporate acts necessary and proper to carry into full effect the objects for which said company is incorporated, to-wit: the protection of the property and citizens of Brunswick from fire. Corporators. The Brusswick Fire Engine Co. incorp'rat'd. Powers, Objects. 3. Sec. III. The five first named gentlemen shall call the first meeting of the corporators at Brunswick, for the organization of said Company, and the election of such officers, and the adoption of such a code of by-laws as the corporators may think necessary and proper, and said officers shall serve until others are chosen in their stead. First meet'g. Organizat'n Officers. 4. Sec. IV. The Company shall hold annually, meetings for the choice of their officers, in Brunswick, and such other meetings as may be prescribed by their code of by-laws, and shall keep an accurate

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record of their proceedings, duly verified by their clerk, and an exact account of their receipts and disbursement of their funds, duly vouched and certified by their treasurer, and make a public exhibit of the same annually, to the citizens of Brunswick. Meetings. Record of proceedings. Receipts and disbursem'ts 5. Sec. V. The Company shall be subject to the control of the city authorities, and the charter and ordinances of the city, and shall establish no by-laws repugnant thereto, or to the laws of the State; and members may be added thereto, by vote of said Company. Co, subject to city authority. 6. Sec. VI. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 175.) An Act to authorize the raising and establishing a Fire Company in the city of LaGrange, and to incorporate the same, to be known by the name and style of the Diligent Firemen of LaGrange, and to extend certain privileges to the first Division of the Independent Fire Company. 7. Section I. Be it enacted, That Waters B. Jones, Robert F. Maddox, Friend O. Rogers, B. B. Cook, John C. Cartright, Thomas M. Scott, Albert E. Cox, J. B. Morgan, Morris Beringer, Daniel McMillen, C. D. Burks, Devanah Kidd, or any five of them, and their associates and successors, so soon as they shall, at a public meeting, organize themselves and claim the rights and privileges granted in this bill, shall be and they are hereby declared to be a body corporate indeed and in name, under and by the name and corporate style of the Diligent Firemen of LaGrange, and by that name shall have perpetual successors 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 and alter at pleasure; also to receive and hold real and personal property; and they shall also have the full 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 and laws of this State, and of the United States. Corporators, The Dil. Fire men of LaG-incorp'rat'd. Usual powers, etc. 8. Sec. II. And be it further enacted, That the Act assented to December 23d, 1850, * * See Acts of 1849-50, pam. p. 319. giving exemptions to thirty members of the first division of the Augusta Independent Fire Company, with all the rights and immunities thereby, to the said thirty, be and the same is hereby amended, so as to confer and extend said rights, exemptions and immunities to the number of fifty of the members of the first division of the said Augusta Independent Fire Company. Act of Dec. 23d, 1850, amended so, as to exemp 50 instead of 30 mems. from certain duties, etc. 9. Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857.

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ART. II. INSURANCE COMPANIES. No. 176. The Atlanta Insurance Company. No. 177. Georgia Equitable Insurance Co. No. 178. The Macon Insurance and Trust Company. No. 179. The Rome Mutual Insurance Co. of Rome, Ga. No. 180. The Merchants and Mechanics Mutual Insurance Company. THE ATLANTA INSURANCE COMPANY. Sec. 10. Name, corporators, powers, etc. Sec. 11. Capital stock, shares, stock may be increased, deemed personal property, neglect to pay. Sec. 12. Books of subscription, notice, directors, officers, bonds of, vacancy, President pro tem. Sec. 13. Officers, election of, annual meetings, quorum, votes, by proxy. Sec. 14. General purposes, objects, powers, rights, limitations, etc. Sec. 15. Transfer of certificates of stock, quorum, by-laws, etc. Sec. 16. Liability of corporation and of stockholders. Sec. 17. To last 30 years, taxation. Sec. 18. Notes, etc., payable at, effect of. (No. 176.) An Act to charter the Atlanta Insurance Company, and to confer certain rights, powers and privileges. 10. Section I. Be it enacted, That E. W. Holland, J. R. Wallace, J. D. Lockheart, A. Austell, L. J. Parr, William Herring, Thos. C. Howard, James E. Williams, and their associates, and their successors, are hereby created a body politic and corporate, by the name of The Atlanta Insurance Company, and by that name shall be capable of suing and being sued, in all the Courts of this State, of purchasing, holding and conveying property of all descriptions, to make, have and use a common seal, and the same to alter and renew at pleasure, and generally to do any act necessary to carry into effect the objects of the corporation, not inconsistent with the laws and constitution of this State or the United States. Corporators. At, In. Co. incorp'rat'd. Powers, etc. 11. Sec. II. Be it further enacted, That the capital stock of this corporation shall be one hundred thousand dollars, to be divided into one thousand shares, of one hundred dollars each, and the same to be paid in the manner following: fifteen dollars on each share at the time of subscription, and the residue when the President and directors of the corporation may direct; which capital stock may hereafter be increased to any amount not exceeding three hundred thousand dollars, in such manner as the president and directors may determine; the said stock shall be deemed and held as personal property, and if any stockholder shall neglect and refuse to make the payment as required, his stock may be sold by order of the president and directors, and such stockholder shall be liable for the balance due by him, as stockholder, to the corporation, as it becomes due, and may be sued in the Circuit Court of Fulton county for the same. Capital st'k $100,000 1000 shares $100 each. Shares, how paid. May be increased not to exceed $300,000. St'k deemed personal property. Stockholder neglecting to pay. 12. Sec. III. Be it further enacted, That the books of subscription shall be opened at any time prior to the first day of June next, at such place in the city of Atlanta as a majority of the persons named in the first section of this Act may direct; advertisement of

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the time and place of opening such books to be made for one week in a newspaper, published in Atlanta; which books shall be kept open until the said sum of one hundred thousand dollars shall be subscribed for; and the said persons, or a majority of them, shall as soon as may be, after the books of subscription are closed, call a meeting of the stockholders, who shall proceed to the election of not less than five, nor more than nine directors, as may be determined by them; and the said directors shall elect one of their own number president, and the said president and directors elected in pursuance of this Act, shall have full power and authority to appoint and remove at pleasure, all officers and agents of said corporation, to fix their compensation, prescribe their duties, provide for the taking bonds from them for the security of the corporation, for the faithful performance of their duties; and they shall also have the power to fill any vacancy which may occur in their own body, and also to appoint a president pro tempore, when the president may be absent from their meetings, and if the president or any director shall be absent without leave, for five successive regular meetings of the board, a majority of the same may declare his place vacant, and proceed to fill it without notice to such absent president or director. Books of sub scrip. how when open'd 1 week's notice. Books how long kept open, Meeting of stockholders Direct'rs not less than 5 nor more than 9. President. Other offi., their duty compensatn. Bonds. Vacancy. Presidt. pro tem. 13. Sec. IV. Be it further enacted, That the directors of the corporation shall be elected by the stockholders, and the president by the directors, from among their own number, and when elected they shall hold their offices for one year, or until their successors are elected. And it shall be the duty of the president and directors to call an annual meeting of the stockholders to make such election, and in all meetings of the stockholders, those holding a majority of the stock shall constitute a quorum, and each stockholder shall be allowed one vote for each share of stock he holds, and the stock may be represented either in person, by the stockholder, or by proxy, and the power to vote for absent stockholders may be constituted by any written expression of the stockholder so appointing a proxy to vote for him; provided that no one, not himself a stockholder, shall be capable of acting as proxy for another. Pres. and directors how elected. Hold office 1 year. Annl. meeting of stockholders, Quorum. Votes. Vote by proxy. None but stockholder can act as proxy. 14. Sec. V. Be it further enacted, That said corporation shall have full power to make insurance upon ships and other sea vessels, and upon steamboats, and all other river boats and crafts, of every kind, and on all goods, wares and merchandize, slaves, bullion, money and other property against maritime or river risks, and upon houses, stores, and upon other buildings, goods, wares and merchandise of every description, against fire, and to fix a premium thereon, to receive from any free person or persons, deposits on trust, and to accept all such trusts as may be confided to it, to borrow money and issue its bonds therefor, to invest its money or other property in anything and in any manner which it would be lawful for a citizen of this State to invest money, and the said property or securities to sell and transfer at pleasure, or it may loan its money or other property to any person, or on any security which it may think proper, provided that nothing in this Act shall be so construed as to authorize said corporation to make any notes to circulate as

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bank notes, or to issue any securities to be circulated in the community as money, or to apply any portion of their money or other property to any banking purpose other than the purchase and discount of bills of exchange and promissory notes, and the lending of money; and provided, also, that the laws against usury apply to this corporation, provided said company shall not at any time take risks for a greater amount than the amount of stock actually paid in, also the private property of the stockholders shall be bound for all the liabilities of said company. Powers, objects, etc, Deposits of trust. How invest money. Loan Notes not to circulate as money Not to apply their money etc. to banking purp'ses Laws agai'st [Illegible Text] Not to take risks for gr. amt. than is paid in. Private preperty bound for liabilities of Co. 15. Sec. VI. Be it further enacted, That the president and dirictors of said corporation shall have power to fix the places and mode of transfer of certificates of stock, as well as the payment of interest and dividends, that a majority of the board of president and directors shall constitute a quorum, and that said president and directors shall also have power to pass all such by-laws as may be necessary to carry this Act into effect, and to execute and authorize the execution of all such bargains and contracts as may seem to them best for the interest of the corporation. Transfer of certificates of stock. Quorum: By-laws. Contracts. 16. Sec. VII. Be it further enacted, That the said corporation shall be responsible to its creditors to the extent of its property, and the stockholders to the extent of the amount of their respective stock not paid up. Liability of corp. and of st'kholders. 17. Sec. VIII. Be it further enacted, That this charter and all the privileges and powers herein granted shall continue in force for the full term of thirty years; and that the property, funds and business transactions of the corporation shall be subject to the same rates of taxation imposed by law on the property and similar business transactions of individuals. Corporation to last 30 years. Liable to taxation. 18. Sec. IX. Be it further enacted, That all bonds, bills, and promissory notes made payable at the office of the Atlanta Insurance Company, shall have the same legal effect and be subject to the same legal remedies as if the same were made payable in or at a bank or banks of this State. Bonds, bills etc. made payable at the At. Ins. Company. Assented to December 22d, 1857. THE GEORGIA EQUITABLE INSURANCE COMPANY. Sec. 19. Corporators, name, powers, etc, seal, suits, officers, by-laws. Sec. 20. Capital stock $200,000, when may make insurances, stock may be inereased to $100,000. Sec. 21. Objects, powers, rights, purposes, etc., risks at sea against fire. Sec. 22. Insurance on lives against casualties of interest, etc. Sec. 23. Purchase, hold and sell lands. Sec. 24. By-laws, how enforced, suits vs. members, risks, extent of, private property liable for debts. (No. 177.) An Act to incorporate The Georgia Equitable Insurance Company. 19. Sec. I. Be it enacted, That Asbury Hull, John H. Newton, Henry Hull, sr., Charles M. Reese, Walter H. Mitchell, Ferdinand

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Finizey, Alban Chase, Henry Hull, Jr., T. R. R. Cobb and Edward R. Ware of the town of Athens, and their associates and successors shall be, and they are hereby erected into a body politic and corporate, in law and in fact, under the name, style and title of The Georgia Equitable Insurance Company, and by the same name, style and title, shall have succession of officers and members, and all the powers, privileges and franchises incident to corporations, and shall be capable of taking, holding and disposing of their capital stock, according to their present or future rules, regulations and institutions, and also of taking, holding and disposing of or investing as the said corporation shall, from time to time, judge fit, the increased profits and emoluments of their capital stock, to their own proper use, and shall have full power and authority to make have and use a common seal, with such device and inscription as they shall deem proper, and the same to break alter and renew at their pleasure, and by the name, style and title aforesaid, shall be able and capable, in law and equity, to sue and be sued, to implead and be impleaded to, answer and be answered unto, in all or any Courts or tribunals of this State, in all manner of suits, pleas and demands whatever, and they are hereby authorized and empowered to appoint a President, and other officers and directors, in such numbers, at such periods, and with such duties as they shall see fit; and also, to make rules, by-laws and ordinances, and to do everything needful for the good government and management of the affairs of the said corporation. Provided, always, that the said rules, by-laws and ordinances shall not be repugnant to the Constitution and laws of the United States or of this State. Corporators. The [Illegible Text] Eq. Ins. Co. incorporated. Rights, powers, etc. Common seal. Suits. Prosident and other officers. By-laws etc. 20. Sec. II. That the said corporation shall be and they are hereby authorized and empowered to receive subscriptions for capital (or) stock to the amount of two hundred thousand dollars, and it shall not be lawful for the said corporation to make any contract of indemnity, or underwrite any policy of insurance upon risks of vessels, or of goods and merchandise, or make any contract of indemnity, or underwrite any policy of insurance against fire, or make any insurance on life, or contract for or grant any annuity, until the sum of one hundred thousand dollars shall have been subscribed and actually paid; and the said corporation are hereby authorized, at any future period, to increase their capital stock to any amount not exceeding four hundred thousand dollars. Subs. for cap. stock, $200,000. Shall not make contracts of [Illegible Text] etc, until $100,000 be subscribed and paid in. Cap. stock may be increased not to exceed $400,000. 21. Sec. III. That the said corporation shall have the right and power, by their said name, and by the signature of their President, for the time being, or by the signature of such other person or persons, and with such ceremonies of authenticity as they shall, from time to time, in and by their rules and by-laws, ordain and appoint, to make contracts and underwrite policies of insurance and indemnity upon marine risks of vessels, or of goods and merchandise, in whole or in part, foreign or domestic, whether lying in foreign ports, or shipped upon the high seas, or in any port of the United States, or within any of the rivers, bays, creeks, canals, or waters of this State, lying, being laden, or to be laden; and also in like manner,

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to make contracts, and underwrite policies of insurance and indemnity against fire, on all buildings, goods, wares, merchandise and other property, situate, lying, or being, or deposited in this State, or elsewhere; and also, in like manner, to advance money upon bottomry or respondentia bonds, and generally to perform and transact all the business relating to the objects aforesaid, according to the usage and custom of merchants, and by such contracts effectually to bind and pledge their said capital stock. Powers and objects. May insure against risks on water. And against fire. In this State or elsewhere 22. Sec. IV. That the said corporation shall have the right and power, by their said name, and in manner and form aforesaid, to make insurance on lives, by sea and on shore, and to contract for, grant and sell immunities and reversionary payment, and generally to make all kinds of contracts, in which casualties of life and interest of money is principally involved; and to make, execute, and perfect such and so many contracts, agreements, bargains, policies and other instruments, as shall or may be necessary, and as the nature of the case shall or may require. May make insurance on [Illegible Text] etc. May insure against all kinds of casualties of life and interest of money. 23. Sec. V. That the said corporation shall have a right and power to purchase, acquire, take and hold, in their said corporate name, lands and real estate, to any amount necessary for the purpose of the same, and the same to grant, sell, assign, and convey, in fee or otherwise. May purchase, hold and sell land 24. Sec. VI. That the said corporation shall be, and they are hereby invested with full power to enforce on their own members, the due observance of all legal by-laws and regulations for their better government, under such penalties as they shall, in and by such by-laws, limit and prescribe, and to that end, if need be, shall and may institute and maintain, in their said corporate name, against any one or more of their members, either at law or in equity all just and necessary suits, actions and pleas, for the recovery of all or any sum or sums of money, to the use of said corporation, in as ample manner as suits might be maintained against persons not members of the said corporation. Provided, said company shall not, at any time, take risks for an amount greater than the amount of stock actually paid in; and provided, also, that the private property of the stockholders, shall be liable for the payment of the debts of said incorporation. Any law, usage or custom to the contrary thereof, in anywise, notwithstanding. May enforce their by-l'ws on their own members under penalties. May maintain suits vs. their own members, either at law or in equity. Not to take risks for amt. greater than that paid in Private propliable to the debts of the company. Repealing clause. Assented to December 22d, 1857.

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THE MACON INSURANCE AND TRUST COMPANY. Sec. 25. Corporators, name, powers. Sec. 26. Capital stock $300,000; may be increased to $500,000; shares, when to begin business; stockholders failing to pay installment, forfeiture. Sec. 27. Subscriptions, by whom received, meeting of stockholders, notice, directors, qualifications of, money to whom paid. Sec. 28. By-laws. Sec. 29. Objects, purposes, privileges, rights, powers, prohibitions, c. Sec. 30. Losses, when and how paid. Sec. 31. President, vacancy, officers, duties and salaries of. Sec. 32. Dividends. Sec. 33. Property, privileges to last 30 years. Sec. 34. Liability of stockholders. Sec. 35. Meetings, notice, amount of risks. (No. 178.) An Act to incorporate the Macon Insurance and Trust Company, in the City of Macon. 25. Section 1. That James A. Nisbet, Jackson Deloache, Carlton B. Cole, George W. Adams, Albert Mix, Asa Holt, Thurston R. Bloom, Charles A. Ells and their associates, and all such persons as shall hereafter become stockholders in said company, shall be, and are hereby declared to be a body politic and corporate in fact, and known by the name of the Macon Insurance and Trust Company of the City of Macon, by which name they shall sue and be sued, answer and be answered unto, in any Court of Law or Equity in this State or elsewhere, and shall have and use a common seal with power to alter the same at pleasure. Corporators. Macon Ins. and Trust Co. of city of Macon Powers, rights, etc. 26. Sec. II. The capital stock of said company shall be three hundred thousand dollars, with the privilege of increasing it to five hundred thousand dollars, when the holders of a majority of the stock shall so determine, in shares of one hundred dollars each; but the said company shall be allowed to commence business as soon as one hundred thousand dollars are paid in in specie or bills of specie paying Banks; the balance of the stock subscribed to be paid in or added from the profits of the company in such manner as the directors may direct by their by-laws, and if any stockholder or stockholders shall fail to pay installments as required by the by-laws, his, her or their stock, as well as all and every sum or sums of money previously paid therein, shall be forfeited to the company. Capital stock $300,000. May be increased to $500,000. Shares $100 each. May commence business when $100,000 are paid. The balance how paid. Stockholder failing to pay installments to forfeit stock etc. 27. Sec. III. The persons named in the first section of this Act, or a majority of them, are authorized to receive subscriptions for stock in said company, and the payments therefor, and so soon as one thousand shares are subscribed for and paid in specie, or specie paying Bank bills, the persons named in the first section of this Act, or a majority of them, shall call a public meeting of the stockholders to be held in the city of Macon, at such time and place as they may designate, of which twenty days' notice shall be given, in two of the public gazettes of said city of Macon, at which meeting the stockholders shall proceed to elect, by ballot, (each share entitling the holder to one vote) seven Directors, to manage the

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affairs and business of said Company, each of whom, shall own in his own right or as one of a partnership in right of the firm not less than ten shares of the capital stock of said company, which Directors shall continue in office till their successors are elected, at such time as may be regulated by the stockholders, to which Board of Directors shall be paid the money received from the subscribers to the stock. Subscript'ns by whom received. Meeting of stockholders. 20 days notice. 7 directors to be elected. Each director to own 10 shares. Subscribers to pay money to board of directors, 28. Sec. IV. At the meeting provided for in the preceding section of this Act, the stockholders shall, before they proceed to the election of Directors, make and adopt such by-laws as they may think necessary and proper in relation to the Board of Directors, the transfer of stock and the transaction of the business of the Company, provided, that such by-laws shall not be contrary to the Constitution of the United States, or the Constitution and laws of this State. By-laws. 29. Sec. V. So soon as the Board of Directors is elected and organized according to the by-laws of said Company, the said Company shall have power and authority under the common seal or otherwise, to make insurance on lives, to make insurance on houses, buildings, and assets of every description, goods wares and merchandise, freight, bottomry, respondentia, and interest against risks of any kind and description, to receive money on trust and deposites; to loan money on bottomry, and respondentia; to deal in exchange, and to loan and to borrow money at legal rates; to buy and sell annuities, and also to cause themselves to be reinsured, upon any risk upon which they have made insurance, and upon the interest they may have in vessels, goods or merchandise, by virtue of any loans on bottomry and respondentia; to purchase and hold such, and so much real estate as shall be necessary for the transaction of its business; and also to hold and take any real estate, as security, bona fide, mortgaged or pledged to said corporation, to secure the payment of any debt that may be due it, and also to purchase on sales, made by virtue of any judgment at law, or any order or decree of a Court of Equity or otherwise to take and receive any real estate in payment or towards satisfaction of any debt contracted and due to said corporation, and to hold the same until they can conveniently convert the same into money or other personal property; but nothing in this Act contained, shall authorize the said Company to issue Bank bills. Rights, powers c. To purchase and hold real estate. Mortgages. Not to issue Bank bills. 30. Sec. VI. All losses by insurance shall be paid by said Company within sixty days after proof of the loss has been furnished, in cases not disputed, and in disputed cases, within ten days after final decision, or this charter shall be forfeited, and in all cases the sum due shall bear interest after sixty days from the time of furnishing proof of loss. Losses by insurance when not disputed to be paid within 60 days. In disputed cases 10 days after decision. Interest after 60 days. 31. Sec. VII. It shall be the duty of the Board of Directors at their first meeting after election, to appoint one of their body President of said Company, and in case of death, resignation, or removal from this State, of the President or any Director, or in case he shall cease to be a stockholder, the remaining Directors shall fill his vacancy, and it shall be lawful for the President and Directors after

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the first meeting of the stockholders, to regulate the transaction of all the business of the corporation, and shall have power to make by-laws, appoint all officers, agents, assistants, and secretaries, necessary for the management of said corporation and prescribe the duties, and salaries, and declare and make dividends of the profits, establish rules for the management and disposition of the property and effects of the company, and all matters appertaining thereto. President. Vacaney how filled. Pres. and directors may appoint officers. And regulate their duties. and salaries. 32. Sec. VIII. The Board of Directors shall at least twice a year, at such times as may be fixed by the by-laws of said Company, make a dividend of so much of the profits of said Company as to them or a majority of them shall seem advisable but no dividend shall be declared except the capital paid in be and remain unimpaired. Dividend of profits to be made twice a year. Divid'nd not to impair the capital. 33. Sec. IX. Such Company may purchase, have, receive, hold, sell, assign and transfer at pleasure, any and every kind, and species of personal property, but shall own no real estate, except on such terms as is provided in the fifth section of this Act, and the privileges hereby granted shall be and continue in force for thirty years from the date of this Act, and no longer. Personal property. Privileges to last 30 years. 34. Sec. X. The property of the stockholders shall be bound for all contracts, or liabilities made by said Company to the amount of their stock, so long as he, she, or they shall continue a stockholder, and all transfers of stock, six months previous to the failure of said Company shall not release the persons so transfering the same, from any contract or liability which was incurred while they were stockholders. Liability of stockholders 35. Sec. XI. A majority of the whole Board of Directors, or any ten stockholders, holding at least one-third of the capital stock, may call a meeting at the office of said Company at any time they may desire, upon giving thirty days notice thereof, in two of the public gazettes of the City of Macon. Provided, said Company may not at any time take risks for a greater sum than the amount actually paid in at the time of taking said risk. Meeting by whom may be called, 30 days notice. No risk for am'nt greaterthan amt. actually paid in. Assented to December 22d, 1857.

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THE ROME MUTUAL INSURANCE COMPANY. Sec. 36. Corporators, name, objects. Sec. 37. Members. Sec. 38. Board of Directors, other officers, vacancies, quorum. Sec. 39. Elections of Directors, by whom held, notice, ballot, votes. Sec. 40. Rates of insurance determined by directors. Sec. 41. Duties of persons becoming members. Sec. 42. When property insured is sold, privilege of alience. Sec. 43. Losses how paid for. Sec. 44. Mutual suits between a member and corpora'n, witnesses, books. Sec. 45. Proceedings by directors to obtain means to satisfy loss of a member, etc. Sec. 46. When amount of deposit notes insufficient to sustain losses, how proceed, when may member be discharged. Sec. 47. Feme covert may insure life of husband, and will her interest, proviso. Sec. 48. Husband may insure life for sole use of wife, limitation. Sec. 49. When may policy issue. Sec. 50. Business to be done in Rome. Sec. 51. General powers, officers and their pay. Sec. 52. This Act to be in force 99 years. (No. 179.) An Act to incorporate the Rome Mutual Insurance Company of Rome, Georgia, and for other purposes. 36. Section I. Be it enacted, That Wade S. Cothran, James E. Berry, Andrew M. Sloan, Charles H. Stilwell, Robert C. Word, Charles O. Stilwell, George S. Black, Thomas N. Alexander, James M. Elliott, O. Bones Eve, and James B. Underwood, and all other persons who may hereafter associate with them, in the manner hereinafter prescribed, shall be a corporation by the name of the Rome Mutual Insurance Company, for the purpose of insuring their dwelling houses, stores, shops, and other buildings, household furniture, merchandise and other property against loss or damage by fire; and also insuring their respective lives, and to make all and every insurance appertaining to or connected with life risks, of whatever kind or nature, as well of the sound, in health, as the infirm and invalid. Corporators. Rome Mut'l Insurance Co. incorporated. Objects. 27. Sec. II. Be it further enacted, That all persons who shall hereafter insure with the said corporation, and also their heirs, executors, administrators and assigns, continuing to be insured in said corporation as hereinafter provided, shall thereby become members thereof during the period they shall remain insured by said corporation, and no longer. Who are members. 38. Sec. III. Be it further enacted, That the affairs of said company shall be managed by the above named persons, as a board of directors, and such other officers as they may appoint, for the first twelve months after the organization of said company, and thereafter by such a number of directors and such other officers as the corporation may prescribe. All vacancies happening in said board may be filled by the remaining directors for the remainder of the year or time for which they were elected, and a majority of said directors shall constitute a quorum for the dispatch of business. Board of Directors and other officers Vacancies how filled. Quorum. 39. Sec. IV. Be it further enacted, That an annual election of directors of said corporation shall be held at such time and place in the city of Rome, as the corporation, in their by-laws, shall appoint;

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of which election notice shall be given in one or more of the newspapers published in the city of Rome, at least thirty days preceding such election, which election shall be holden under the inspection of three members of said company, not being directors, to be appointed previous to every election, by the directors, which election shall be made by ballot, and by a plurality of the members, or their proxies, there present, allowing each member one vote for every hundred dollars insured in said company. Annual elec. of directors. 30 days notice. Election by whom held. Ballot. Votes. 40. Sec. V. Be it further enacted, That the directors may determine the rates of insurance, the amount to be insured, the same being deposited for any insurance. Rates of insurance, etc. determined by directors. 41. Sec. VI. Be it further enacted, That every person who shall become a member of said corporation, by effecting insurance therein, shall, before he receives his policy, deposit his promissory note for such a sum of money as shall be determined by the directors, a part, not exceeding ten per cent. of said note, shall be paid immediately, and the remainder of said deposit note shall be payable in part or in whole, at any time when the directors shall deem the same requisite for the payment of losses, and such incidental expenses as may be necessary for the transaction of the business of said company, and at the expiration of the time of insurance the said note, or such part thereof as shall remain unpaid, after deducting all losses and expenses accruing during said time, shall be relinquished and given up to the maker thereof, or, if he or she be dead, to his or her personal representatives. Person on becoming a member to give note etc 10 per ct. on it to be paid immediat'ly. The remainder when the directors think proper. Am't unp'd to be relinquished when. 42. Sec. VII. Be it further enacted, That when any property, insured with this corporation, shall be alienated by sale or otherwise, the policy shall thereupon be void, and be surrendered to the directors of said company to be canceled, and upon such surrender, the assured shall be entitled to receive his deposit note, upon the payment of his proportion of all losses and expenses that have accrued prior to such surrender; but the grantee or alienee having the policy assigned to him, may have the same ratified and confirmed to him for his own proper use and benefit, upon application to the directors, and with their consent, within thirty days next after such alienation, on giving satisfactory security to the directors for such portion of the deposit note as may remain unpaid, and by such ratification and confirmation, the party giving such security, shall be entitled to all the rights and privileges, and be subject to all the liabilities to which the original party to whom the policy issued was entitled and subjected under this Act. Insur'd prop. sold the pol'y made void. And the deposit note to be delivered up, etc. Grantee etc., may have policy ratif'd to him within 30 days on certain conditions. 43. Sec. VIII. Be it further enacted, That every member of said company shall be bound to pay for losses and such necessary expenses as aforesaid, accruing in said company, in proportion to his deposit note. Members how to pay for losses. 44. Sec. IX. Be it further enacted, That suits at law may be maintained by said corporation against any of its members for the collection of said deposit notes, or any assessment thereon, or for any other cause relating to the business of said corporation; also suits at law may be prosecuted and maintained by any member against said corporation, for losses, if payment is withheld more

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than three months after the company are duly notified of such losses, and no member of the corporation, not, in his individual capacity, a party to such a suit, shall be incompetent as a witness in any such case, on account of his being a member of said company; and the books of said company shall be evidence in any such suit. Suits by cor. vs. a memb'r Suits by a member vs. corporation. Witnesses. Books. 45. Sec. X. Be it further enacted, That the directors shall, after receiving notice of any loss or damage sustained by any member, and ascertaining the same, or after the rendition of any judgment as aforesaid, against said company for loss or damage, settle and determine the sums to be paid by the several members of said company, as their respective portions of such losses or damage, and have published the same in such manner as they shall see fit, or as their by-laws may prescribe, and the sum to be paid by each member shall always be in proportion to the original amount of his deposit note, and shall be paid to the Treasurer of said company, within thirty days next after the publication of said notice, and if any member shall neglect or refuse, for the space of thirty days after the publication of said notice, to pay the sum assessed upon him, as his proportion of the loss aforesaid, in such case the directors may sue for and recover the whole amount of his deposit note or notes, with the costs of suit, and the amount thus collected shall remain in the treasury of the company, subject to the payment of such losses and expenses as have or may hereafter accrue, and the balance, if any remain, shall be returned to the party from which it was collected, on demand, within three months from the expiration of the term for which insurance was made. Duty of direct's where a member shall have sustained loss, etc. Publication, etc. How much each man to pay and to whom. And within 30 days, etc. Defaulting mem may be sued for whole am't of deposit note. Balance to be returned within 3 months. 46. Sec. XI. Be it further enacted, That if the whole amount of deposit notes shall be insufficient to pay the losses occasioned by any fires or deaths, in such case the sufferers insured by said company, or their representatives, shall receive, toward making good their respective losses on proportional dividends of the whole amount of said deposit notes, according to the sums by them respectively insured, and in addition thereto, a sum to be assessed on all the members of said company on the same principle as regulated the amounts of their respective deposit notes, but not exceeding one dollar on every hundred dollars by them insured, and no member shall ever be required to pay for any loss incurred at any time, more than one dollar for every hundred dollars insured in said company, in addition to the amount of his deposit note, which shall have been paid in and expended; but any member, upon the payment of the whole of his deposit note and the surrender of his policy, before any subsequent loss or expense has accrued, shall be discharged from said company. When am't of deposit notes insufficient to pay losses. Sum to be assessed on the members Not more $1 on each $100. When mem. may be discharg'd from company. 47. Sec. XII. Be it further enacted, That any feme covert may, in her own name, or in the name of her trustee, with his assent, cause to be insured for any definite time, the life of her husband, for her sole and special use, and she may dispose of the interest of the same by will, notwithstanding her coverture. Provided, however that when the annual premium for insurance shall exceed three hundred dollars and shall not be paid altogether out of her own separate estate, or by some friend for her, the sum due on the insurance, on

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the death of her husband, she surviving, shall, in case of insolvency of the estate, be applied to the discharge of his obligations and contracts. Feme covert may insure life of husb'd and will her interest. Proviso, sum due on insurance at death of hus. insol. in certain circumstances to be applied to pay his debts 48. Sec. XIII. Be it further enacted, That the husband may insure his own life, for the sole use and benefit of his wife, and in case of the death of the husband, the amount so insured shall be paid over to his wife for her sole use and benefit, free from the claims of the representatives of her husband, or any of his creditors. Provided, however, that the annual premium for insurance shall not exceed three [Illegible Text] dollars. Husband may insure his life for sole use, etc. of his wife. Annual premium not more than $300. 49. Sec. XIV. Be it further enacted, That no policy shall be issued by said company until application shall be made for insurance to the amount of fifty thousand dollars. No policy to issue until application $50,000. 50. Sec. XV. Be it further enacted, That the operations and business of the corporation shall be carried on and conducted in the city of Rome, in such place as shall be designated therein by a majority of the directors of said company, at any regular meeting. Business to be done in Rome. 51. Sec. XVI. Be it further enacted, That the directors of said company, or a majority of them, shall have power to make and prescribe such by-laws, rules and regulations, as to them shall appear needful and proper for the management and disposition of the property, stock, estate and effects of said corporation, and for all such matters as pertain to the business thereof, and shall have power to appoint such officers, clerks and agents for carrying on the business of the corporation as they may elect, with such allowances as to them shall appear just and satisfactory. Provided, that such by-laws, rules and regulations, shall not be [Illegible Text] to the constitution and laws of the United States or of this State. General powers, etc. Officers and their pay. 52. Sec. XVII. Be it further enacted, That this Act shall take effect immediately after its ratification, and shall continue in force for a period of ninety-nine years from its passage. This Act to be in force 99 years. Assented to December 22d, 1857. ART. III. MANUFACTURING COMPANIES. Sec. 62. Oconee Mills Company, rights, powers, etc. Sec. 63. Repealing clause Sec. 64. New Manchester Manufacturing Company, powers, etc. Sec. 65. Repealing clause. Sec. 66. Sweet Water Man. Co., act incorporating repealed. May still collect debts and discharge liabilities. Sec. 67. Repealing clause. (No. 180.) An Act to amend an Act approved December 17 th, 1851, entitled an Act to grant corporate powers and privileges to the Curtwright Manufacturing Company. 62. Section I. Be it enacted, That all the rights, franchise and privileges granted to the Curtwright Manufacturing Company, incorporated

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in 1851, * * See Acts of 1851-2, p. 201. be and the same are hereby granted to Henry Atwood and Jacob Rokenbaugh, successors to the Curtwright Manufacturing Company, and their successors, and that the name of the said company be changed to the The Oconee Mills Company. The rights, etc. granted by Act of 1851 to the Curtwright Man. Com'y granted to certain persons their successors. 63. Sec. II. (Repeals conflicting laws.) Name of corpora'n changed to the Oconee Mills Co. Assented to December 17th, 1857. (No. 181.) An Act to incorporate the New Manchester Manufacturing Company. Whereas, cotton and wollen factories in this State contribute much to the supply of the demand of the people for yarns and fabrics necessary to their comfort; and whereas, the several factories of this State onght to be put on the same footing, as to the inducement of capitalist to make investments therein, and whereas certain persons hereinafter named have erected a cotton factory at New Manchester, in the county of Campbell, and are desirous of being incorporated, under the name of the New Manchester Manufacturing Company: Preamble 64. Section I. Be it enacted, That Charles J. McDonald, Arnoldus V. Brumley and William J. Russell, with all such persons as are now, or may hereafter become stockholders in said company be and they are hereby incorporated and made a body politic, by the name and style of the New Manchester Manufacturing Company, and by that name shall have all the powers, faculties and privileges subject to all the liabilities to which the Roswell Manufacturing Company, situated in the county of Cobb, is entitled and subject to. Corporators. New Manchester Man. Co. incorporated, Same powers and liabilities as the Roswell Man. Co. 65. Sec. II. (Repeals conflicting laws.) Assented to December 16th, 1857. (No. 182.) An Act to repeal an Act * * See Acts of 1851-2, p. 206. to incorporate the Sweet Water Manufacturing Company, but to continue the corporation for the purpose of collecting and paying its debts. 66. Sec. I. Be it enacted, That the said Act to incorporate the Sweet Water Manufacturing Company, be and the same is hereby repealed; but that the said corporation shall nevertheless continue to exist for the purpose of collecting its debts and paying its liabilities, with power to sue, and subject also to be sued for that purpose, and that the private property of the stockholders, in the manner provided for in the charter, shall continue to be liable for the debts, until they are all paid. Act incorporating the Sweet Water Man. Co. repealed. Said corporation to exist to collect debts and pay liabilit's. 67. Sec II. (Repeals conflicting laws.) Assented to December 16th, 1857.

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ART. IV. MINING COMPANIES. No. 183. The Canton Mining Co. of Ga. No. 184. The Clayton Mining Company. No. 185. The Fulton Mining, Smelting, and Manufacturing Company. No. 186. The Nacoochee Hydraulic Mi. Co. No. 187. [Illegible Text] Mining Co. Allatoona Mining Co., Bell Mining Co. No. 188. Spring Place Mining Co. No. 189. Southern Copper Mining Co. THE CANTON MINING COMPANY OF GEORGIA. Sec. 68. Owners have to give in property. Sec. 69. May not speculate in real estate. But may sell their property. Sec. 70. Assessment, when and how made. Sec. 71. Repealing clause. (No. 183.) An Act to amend an Act to incorporate the Canton Mining Company of Georgia, approved December 17 th, 1855. * * See Acts of 1855-'6, p. 444. 68. Section I. Be it enacted, That the owners of the property shall give in the said property at what they estimate it to be worth, on oath, not according to the stock subscribed, but according to the real value of the property as estimated by the owners. Owners to give in prop'rty on oath according to real value. 69. Sec. II. And be it further enacted by the authority aforesaid, That all such parts of the charter of said company as authorize said company to buy and sell, or speculate in real estate, or to trade and deal therein, except it be to purchase such lands in the vicinity of the property now owned by said company, near the town of Canton, as may be necessary for wood and other purposes connected with the working of their mine, be and the same are hereby repealed. Provided, that nothing in this Act shall be so construed as to take away the right of said company to sell or convey the whole or any portion of the lands now owned by said company, or any lands which it may hereafter purchase in the vicinity of the present possession for the uses specified in this section. So much of the charter as auth'rizes speculation etc. repeal'd. Reserving right to sell their property. 70. Sec. III. And be it further enacted, That no assessment requiring the payment of money, shall at any time be made upon the stock or stockholders of said company, unless it be done at a regular semi-annual meeting of the stockholders, and by a vote of a majority of all the stockholders present at such meeting. No assessment but at a regular semi-annual meeting, and by a majority of all the st'kholders. 71. Sec. IV. (Repeals conflicting laws.) Approved December 16th, 1857.

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THE CLAYTON MINING COMPANY. Sec. 72. Corporators, name, objects, powers, property. Sec. 73. 1st meeting, board of directors chosen, term of office 1 year, by-laws. etc. Sec. 74. Book of names of stockholders open to their inspection. Sec. 75. Shares, separate interest in different mines. Sec. 76. When may debts be contracted, limit of debt. Sec. 77. Punishment for violating chartered rights. (No. 184.) An Act to incorporate the Clayton Mining Company. 72. Section I. Be it enacted, That Philip Clayton and Oliver P. Fannin, their associates and successors, are hereby constituted a body politic and corporate by the name of The Clayton Mining Company, for the purpose of exploring for copper, lead, iron, tin or coal, or other ores, metals, or minerals, and for mining, working, smelting and vending the same; and for such purposes may erect all necessary buildings and other apparatus and fixtures for carrying on their operations, and by that name sue and be sued, plead and be impleaded, appear, prosecute and defend in any Court of Law and Equity whatsoever, in all suits and actions, may have a common seal, and the same alter or renew at pleasure, and may enjoy all the privileges incident to corporations, and may purchase, hold, mortgage, transfer and convey any real and personal estate. Corporators. The Clayton Min. Co- incorporated: Objects. Rights, powers, etc. Property. 73. Sec. II. And be it further enacted, The first meeting of said corporation may be called by the persons of this Act, at such time and place as they may elect, and at such meeting a board of directors shall be chosen from among the stockholders, by the votes of a majority of the stockholders present at such meeting, and such board of directors shall take charge of the operations of the company, subject to such rules and regulations as may be adopted by the stockholders. Said directors shall hold their office for one year, or until their successors are appointed, and may adopt such by-laws and reguiations for the government of the concerns of the company as they may deem expedient, not inconsistent with the rules made by the stockholders as aforesaid, nor with the constitution and laws or the United States and of this State. 1st meeting. Board of directors chosen. Directors hold office 1 year. By-laws etc. 74. Sec. III. And be it further enacted, The directors shall cause a book to be kept containing the names of all persons who are stockholders of said company, showing their place of residence and the number of shares of stock held by each respectively, and the time when they became stockholders, and the amount of stock actually paid in; which book shall, during the usual business hours of each secular day, be opened at the place of business of said company, for the inspection of the stockholders and creditors of the company, and their representatives. Book cont'g names etc. of stockholders to be kept by directors. Book to be open to inspection of st'ckholders. 75. Sec. IV. And be it further enacted, The said corporation may divide their original stock into such number of shares, and provide for the sale and transfer thereof, in such manner and form as

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they may deem expedient, and whenever said company shall, by purchase, lien, or otherwise, become possessed of any mine or mines, or mineral rights, the directors may make a separate and distinct interest of each mine, and divide said interest into such number of shares as they may deem expedient, not exceeding in amount five hundred thousand dollars for each mine, and may levy and collect assessments, forfeit and sell delinquent shares, declare and pay dividends on the shares of said mines in such manner as their by-laws may direct. Original st'k may be divided into shares, etc. Other privileges. 76. Sec. V. And be it further enacted, Said corporation shall not contract any debts until the sum of ten thousand dollars of the capital stock is paid in, no part of which shall be withdrawn or in any manner diverted from the business of the company, and shall not at any time contract debts to an amount exceeding the capital stock of the company. Corp. not to contr't debts until $10,000 capital stock is paid in. Debts at no time to exc'd stock. 77. Sec. VI. For any violation or any interference with any of the property of said company, or their chartered privileges, said person so offending shall be indicted for a misdemeanor, and on conviction be punished by fine and imprisonment, at the discretion of the Court. Violat'n of ch'rt'd rights etc. a misdemeanor, punishable by fine and imprisonm't, Assented to December 22d, 1857. THE FULTON MINING, SMELTING AND MANUFACTUR- ING COMPANY. Sec. 78. Corporators, name, objects, powers, buildings, etc. Sec. 79. Stock, shares, stock may be increased, basis of stock, how regarded. Sec. 80. Meetings, election of directors notice, failure to elect, President and other officers. Sec. 81. Liability of defaulting stockholders, liability of directors for dividends, how to avoid liability. Sec. 82. Division of stock and property, mines without the State. Sec. 83. Extent of debts, division of stock. Sec. 84. Act takes effect from its passage. (No. 185.) An Act to incorporate the Fulton Mining, Smelting and Manufacturing Company. 78. Sec. I. Be it enacted, That George W. Garmany, John J Thrasher, Cicero H. Strong and Francis J. Champion, and their associates, stockholders, and their successors in office, are hereby constituted a body politic and corporate, by the name and style of the Fulton Mining, Smelting and Manufacturing Company, for the purposes of exploring, and mining for silver, copper and other metalic ores and minerals, and for working, smelting, manufacturing, purchasing, using and vending such ores and minerals, and the manufactured products of the same, and for any other legitimate objects connected with such operations and business, and to continue in existence to them and their successors in succession, with power to make and use a common seal, and to alter and change the same

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at pleasure, to make such by-laws, not inconsistent with the Constitution and laws of this State and of the United States, as it may deem useful and necessary for its government in its corporate name and capacity; to sue and be sued, plead and be impleaded, to prosecute and defend in any Court of law or equity, to erect all necessary buildings and fixtures, and to own and acquire machinery and apparatus, to hold by gift, purchase, or otherwise, and to dispose of the same in any way, real estate or personal property, which may be useful or necessary for carrying on its operations, or which it may become possessed of in payment or security of debts due it, and may mortgage or otherwise pledge, any of its real or personal property, for the payment of any money borrowed or any debts it may owe. Corporators. Fulton mining, smelting and mau. co incorporat'd. Objects. Gen. pow'rs Buildings, apparatus, etc. 79. Sec. II. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be two hundred thousand dollars, to be divided into shares of not less than ten dollars each, the number and valuation of the shares above ten dollars to be fixed by the board of directors; the stockholders shall have power to increase the capital stock, also the shares from time to time, when required to extend their mining, smelting and manufacturing operations, or any of them, to any amount not exceeding two millions of dollars; nothing but money, United States or State stocks, mineral property or suitable machinery or apparatus, shall be regarded as a basis for capital stock, the stock to be subscribed and paid for as the board of directors may prescribe, the shares shall be considered personal property, and shall be transferred only on the books of the company, in person or by attorney. Cap. stock $200,000. Shrres $10 each. Cap. stock may be increased not to exceed $2,000,000. What may be basis of cap. stock. Cap. stock considered personal property. 80. Sec. III. Be it further enacted by the authority aforesaid, That the corporators named in the first section of this Act, or any three of them acting, shall be the directors for the first year, and until others are elected in their stead; the annual meetings of the company shall be held at the office of the company in the city of Atlanta, at such time as the directors may fix in the by-laws, from year to year, thirty days previous notice shall be given in some newspaper published in Atlanta, of such meeting; at each annual meeting, a board of directors of such number of stockholders as the by-laws shall fix, shall be chosen for the ensuing year, but in case of failure to elect a board of directors, the charter of the company shall not be forfeited thereby, but the directors of the previous year shall continue in office until others are elected in their stead; the directors shall appoint one of their number President, and shall appoint such other officers, agents, attorneys and others necessary, as they may deem proper, and affix the salaries, compensation and wages of each. Directors for 1st year. Annual meetings, when and where held. 30 days notice. Board of directors, election of. Failure to elect, effect of. Presi, and other officers 81. Sec. IV. Be it further enacted by the authority aforesaid, That all the stockholders, not having paid their stock in full according to terms of subscription, shall be individually liable to the creditors of the company, to the amount or amounts so remaining unpaid, and in like manner shall the directors be individually liable for any amount they may declare, and authorize to be paid to the stockholders, as dividends, when the company shall not be

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able to pay all the debts due by it according to contract; to avoid such liability, on the part of a dissenting director, he must enter or cause to be entered on the minutes of the board, his dissent thereto, or if not present when the act is done, he shall record or cause to be recorded, his dissent thereto, within thirty days after such dividend shall have been declared. Liability of defaulting stockholders Directors liable for dividends. Direct., how may avoid liability. 82. Sec. V. Be it further enacted by the authority aforesaid, That the said company may divide their original stock or mining property into such number of shares, and provide for the sale and transfer thereof in such manner and form as they may deem expedient; and whenever said company shall, by purchase, lease or otherwise, become possessed of any mine or mines, or mineral rights, without the limits of this State, the directors may make a separate and distinct interest of each mine, and divide such into such number of shares as they may deem expedient, not exceeding in amount, two hundred thousand dollars for each mine, and may levy and collect assessments, forfeit and sell delinquent shares, declare and pay dividends on the shares of said mines and operations in such manner as their by-laws may direct. Stock and prop'ty, how may be divided. Mines etc., without the State, how may be disposed of. 83. Sec. VI. Be it further enacted by the authority aforesaid,. That said company shall not contract any debts over and above the amount of capital stock paid in, no part of which shall be with-drawn or in any manner diverted from the business of the company, without the concurrence of three-fourths in interest, of the stockholders. Not to contract debts above cap. stock. Stock not to be diverted, but by vote of [frac34] of the stockhold'rs. 84. Sec. VII. Be it further enacted by the authority aforesaid, That this Actshall take effect from and immediately after its passage, and all laws and parts of laws militating against this Act, be and the same are hereby repealed. Act takes effect from its passage. Assented to December 22d, 1857. THE NACOOCHEE HYDRAULIC MINING COMPANY. Sec. 85. Corporators, name, object. Sec. 86. Capital stock, $50,000, votes, powers, rights, c. Sec. 87. Office where held. Sec. 88. Repealing clause. (No. 186) An Act to incorporate the Nacoochee Hydraulic Mining Company. 85. Sec. 1. Be it enacted, That J. R. Dean, Jr., T. C. Leventhorp, C. D. Smith, Simon J. Dean, M. C. Butler, and J. R. Dean, Sr., and such other persons as may hereafter become stockholders in said Company, and their successors and their assigns be and are hereby created a body corporate and politic by the name and style of the Nacoochee Hydraulic Mining Company, for the purpose of Mining for gold, and its attendant minerals by means of Hydraulic hose, and other methods. Corporators. Name. Objects.

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86. Sec. II. And be it further enacted, That the capital stock of said Company shall be fifty thousand dollars, that each share of said stock shall entitle the holder thereof to one vote and that said Company shall enjoy the same right and privileges and be subject to the same liabilities and restrictions not inconsistent with this Act, as are granted to and imposed upon the Fighting Town Mining Company, by an Act, approved February 17th, 1854, and generally have, exercise and enjoy all the rights and privileges incident to corporations. Capital stock $50,000. Votes. Powers, rights, etc. 87. Sec. III. And be it further enacted, That said Company shall hold their office for all judicial purposes, at Charles L. Williams, Nacoochee Valley, Habersham county. Office where [Illegible Text] 5. Sec. IV. (Repeals conflicting laws.) Assented to December 22d, 1857. THE PASCOE MINING COMPANY OF GEORGIA. THE ALLATOONA MINING COMPANY OF GEORGIA THE BELL MINING COMPANY OF GEORGIA. Sec. 89. Corporators, name, purposes, powers, by-laws. Sec. 90. Property, mortgage. Sec. 91. Capital stock, annual dividend, shares. Sec. 92. Board of directors, election of, votes, president; stock deemed personal property, registry of transfer. Sec. 93. Election, when not held at regular time, when then. Sec. 94. Liability of stockholders for debts. Sec. 95. Books, c., open to inspection, [Illegible Text] of corporation on property of indebted members. Sec. 96. Elections, how regulated. Sec. 97. Place of office, suits, writs, c. Sec. 98. Assessment, how made. Sec. 99. Alatoona Min. Com., objects, powers, office in Cass co., and suits there, service. Sec. 100 The Bell Min. Com.. objects, powers, stock $100,000, office in Cherokee county. No. 187.) An Act to incorporate the Pascoe Mining Company of Georgia, the Allatoona Mining Company of Georgia, and the Bell Mining Company of Georgia. 89. Section I. Be it enacted, That William F. Harris, James R. Brown, A. H. Shuford, Skidmore Harris, Elbert F. Sevier, Joseph Donaldson, John L. M. French, and their associate stockholders, and their successors, shall be and are hereby declared to be a body corporate and politic under the name and style of the Pascoe Mining Company of Georgia, for the purposes of exploring for copper, silver, gold and all other metals and minerals, whatsoever; and for mining, vending, smelting, and working the same, within the said State, on any land or lands that they now own or may hereafter own, or become legally possessed of by purchase or lease, that they may deem expedient; and by that name and style may sue and be sued, plead and be impleaded, answer and be answered unto in

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any Court of Law or Equity in this State, having competent jurisdiction, and shall enjoy perpetual succession of officers and members; may have and use a common seal, and alter the same at pleasure; may make, ordain, and establish such by-laws, [Illegible Text] and regulations, as they deem necessary and expedient 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 the United States; and the said Company shall use, exercise and enjoy all rights, privileges and franchises, which are incident or appertaining to incorporations. Corporators. The Pascoe Min. Co. of Ga. incorporated. Purposes. General powers, etc. 90. Sec. II. And be it further enacted, That the corporation above named and hereby created, shall by its corporate name, be capable in law of holding, selling, and conveying the real and personal estate in the county of Cherokee, or any other county in the State, now held, owned and possessed by said Company; and shall also be capable in law of purchasing, holding, selling and conveying any other real and personal estate whatsoever, which may be necessary to enable said corporation efficiently to carry on the operations named in the first section of this Act, and shall have power, the property real and personal of said corporation, to pledge or mortgage to secure the payment of debts, or advances of moneys to its use. Corporation may purchase, hold and sell real and personal estate. Mortgage. 91. Sec. III. And be it further enacted, That the capital stock of said corporation hereby created, shall consist of shares, the par value of the whole to be two hundred thousand dollars, and may be increased to a sum ten times as large as a regular annual net dividend, the Company may be able to declare by legitimate mining operations, the number and value of said shares, to be fixed and regulated by the stockholders in accordance with, and in pursuance of the regulations of the by-laws, made and provided for the numbering and valuation of shares of stock in said corporation; and all persons interested in the present Company, to have shares in this corporation in [Illegible Text] with the amount held or owned, to be evidenced as their by-laws may prescribe. Capital stock $200,000 which may be increased. Annual dividend. Shares, No. and value of. 92. Sec. IV. And be it further enacted, That the stock, property, and concerns of said corporation, shall be managed by a Board of Directors, consisting of such number of persons as the by-laws of the Company may prescribe, to be elected annually on such days as may be fixed by the by-laws of the Company of whom one shall be elected to preside over the Board to be known as, and to discharge the duties of President of said corporation; and that in all elections of directors, and in all meetings of stockholders, each stockholder shall be entitled to one vote for every share of stock standing in his or her name, and the said stock may be represented by attorney or proxy of the stockholders. The stock of the Company shall be deemed and considered personal estate, and be transferable as the by-laws may direct; and a book for the registry and transfer of all the stock shall be kept by the book-keeper of said Company, at their office, which shall always be open to the inspection

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of each and every stockholder or their authorized representatives. Board of directors. When and how often elected. President. One vote for every share. Stock deemed personal estate. Registry of transfer to be kept by Book-keeper of company. 93. Sec. V. And be it further enacted, That in case it shall appear at any time, that an election of directors shall not be made on the day regularly appointed therefor, by the by-laws of the Company, the same shall not be for that reason dissolved, but shall be lawful on any other day to hold an election in such manner as shall be provided for in said by-laws, that said directors shall continue in office, and all their acts shall be valid until their successors shall be elected. Election not held at reg. time may be held as provided by-[Illegible Text] 94. Sec. VI. And be it further enacted, That the stockholders of said Company may be made liable pro-rata for the debts of said Company. Stockhold'rs liable pro-rata for debts of company. 95. Sec. VII. And be it further enacted. That the books of said corporation, containing their accounts and proceedings, shall at all reasonable times be open for the inspection of any of the stockholders. And the said corporation shall at all times have a lien upon all the stock or property of its members invested therein, for all debts due from them to said Company and pro-rata for all debts due by the company. Books etc. open to inspection of stockhold'rs. Lien of corp. on property of indebted members. 96. Sec. VIII. And be it further enacted, That the by-laws of said Company, provided for in the first section of this Act, among other regulations deemed expedient for carrying out the objects of the Company, shall regulate and prescribe the manner, time, and place, of holding elections of officers; such as Directors, President, Secretary and Book-keeper, Treasurer, Superintendant, and all others deemed necessary; the fixing of the duties and salaries of said officers; the filling of vacancies in the Board of Directors that may occur; the paying of dividends on stock, and the transfer of stock. Elections to be regulated by by-laws. 97. Sec. IX. And be it further enacted, That the office of said Company shall be kept in Cherokee county, in which county all suits at Law or Equity (except suits touching the titles of land) against the Company must be brought, and all suits, processes, summonses, mandates, and notices there served, and the service of copies of any such writ, bill, process, summons, mandate and notice by the Sheriff of said county or any other lawful officer, either personally upon the President, or any other officer of said Company, resident of said county, or by leaving the same at his or their most notorious place of residence in said county, shall be sufficient service. Office of cote be in Cherokee county Suits where brought. Writs etc. by whom etc. on whom served. 98. Sec. X. And be it further enacted, That no assessment shall be made for mining purposes, unless by a vote of three-fourths of the stockholders. No asses'mt but by [frac34] of the stockholders. 99. Sec. XI. And be it further enacted, That S. W. Thomson, Henry Strickland, W. F. Harris, James E. Godfrey, A. N. Verdery, S. Harris, John Clayton, and their associate stockholders shall be, and are hereby declared to be a body corporate and politic, under the name and style of the Allatoona Mining Company of Georgia, for the purposes of exploring for copper, silver, gold and all other metals and minerals whatsoever, and for mining, vending, smelting and working the same, within said State, and their powers, privileges,

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immunities and restrictious shall be the same as those granted to Pascoe Mining Company, except their office, which must be kept in Cass county, Georgia, in which county all suits at Law or Equity (except suits touching the titles to land) against the Company, must be brought, and all suits processes, summons, mandates and notices, there served and the service of copies of any such writ, bill, process; mandate, summons and notice by the Sheriff of said county, or any other lawful officer, either personally upon the President or any other officer of said Company, resident of said county, or by leaving the same at his or their most notorious place of abode, in said county, shall be sufficient service. Corporators. The Allatoona Min. Co. of Ga. incorporated. Objects. Powers etc. Office [Illegible Text] Cass county. And suits is said county. Service. 100. Sec. XII. And be it further enacted, That E. E. Field, Henry Putman, Frederick Freeman, W. F. Harris, M. Varner, Joseph Smith, James M. Bell, W. Jones, and James L. McKee and their associate stockholders and their successors, shall be and are hereby declared to be a body corporate and politic, under the name and style of the Bell Mining Company of Georgia, for the purposes of exploring for copper, silver, gold and all other metals and minerals whatsoever, and for mining, vending, smelting and working the same within the said State, and their powers, privileges, immunities and restrictions, shall be the same as those granted to the Pascoe Mining Company, and the capital stock shall not exceed one hundred thousand dollars; the office of said Company shall be in Cherokee county, Georgia. Corporators. The Bell Mining co. of Ga. incorporated. Objects. Powers etc. Stock $100,000. Office in Cherokee co Assented to 22d, December, 1857. SPRING PLACE MINING COMPANY. Sec. 101. Meetings of, may be held in Mobile, Ala., or elsewhere out of State. Process, how served. Sec. 102. Capital stock not to exceed $1,000,000. (No. 188.) An Act to amend an Act to incorporate the Spring Place Mining Company, passed the 17 th February, 1854. * * See Acts of 1853-4, p. 361. 101. Section I. Be it enacted, That the Spring Place Mining Company, a corporation created by Act of the Legislature of this State, be and it is hereby authorized to hold the meetings of its stockholders and directors at Mobile, in the State of Alabama, or elsewhere, out of the State of Georgia, as its board of directors may determine; provided, that in any suit or suits against said company, a service of process upon the superinteudent, or other highest officer thereof, in Fannin county, in this State, shall be good and effectual. The Spring Place Mining Co. may h'ld its meetings in Mobile or elsewhere. How process served. Capital not to exceed $1,000,000. 102. Sec. II. And be it further enacted, That said company have power to fix the capital thereof, at any sum not exceeding one million of dollars. Assented to December 22d, 1857.

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THE SOUTHERN COPPER MINING COMPANY. Sec. 103. corporators, name, duration 99 years, powers, etc., real estate. Sec. 104. Capital stock, shares, basis of capital stock, shares deemed personal property, transfer of. Sec. 105. Directors for 1st year, annual meetings notice of, election of board of directors, failure to elect, president and other officers. Sec. 106. Liability of defaulting stockholders, directors liable for dividends, how to avoid liability, private property liable for debts of company. Sec. 107. Extent of debt, how stock may be withdrawn, etc. (No. 189.) An Act to incorporate the Southern Copper Mining Company, and for other purposes hereinajter mentioned. 103. Section I. Be it enacted, That Thomas H. Callaway, Euclid Waterhouse, Archibald Fitzgerald, Robert H. Smith, A. R. Manning, W. F. Pierce and L. H. Anderson, and their associates, are hereby constituted a body politic and corporate, under the name and style of the Southern Copper Mining Company, for the purpose of exploring and mining for copper and other ores and minerals, and for working, smelting, manufacturing and vending the same, and to continue to them and their successors for the period of ninety-nine years, with power to make and use a common seal, and to alter or change the same at pleasure, and to make such by-laws, not inconsistent with the laws of this State, and of the United States, as it may deem proper and necessary for its government; in its corporate name, to sue and be sued, to plead and be impleaded; to hold by purchase or otherwise, and to dispose of the same, in any way, any real estate or personal property which may be useful or necessary for carrying on its operations, or which it may become possessed of in payment of debts to it. Provided, always, that the first cost of such real estate shall not exceed the maximum of capital stook hereinafter provided for. Corporators. The South'n Cop. Mi. Co. Incorp'rat'd. Duration 99 years. Gen: pow'rs, rights, etc. Limit on 1st cost of real estate. 104. Sec. II. Be it enacted, That the capital stock of said company shall not be less than two hundred thousand dollars, and not more than twenty hundred thousand dollars, to be divided into shares of not less than ten dollars each. The amount of capital stock, the number and price of shares shall be fixed and agreed upon by the corporators, at their first meeting, under this Act; nothing but money or mineral property shall be regarded as a basis for capital stock; the stock to be subscribed and paid for as the board of directors may prescribe. The shares shall be considered personal property, and shall be transferable only on the books of the company, or by attorney. Capital st'k. Shares. Basis of capital stock. Shares, personal property, how transferable. 105. Sec. III. Be it enacted, That the corporators named in the first section of this Act, shall be the directors for the first year and until others are elected in their stead. The annual meetings of the company shall be held at such times and places as the board of directors may determine, from year to year, thirty days previous notice being given in some newspaper published near the place of

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business, of the time and place of such meetings. At each annual meeting a board of directors shall be chosen for the ensuing year, but in case of failure to elect a board of directors, the charter of this company shall not be forfeited thereby, but the directors of the previous year shall continue in office until others are elected in their stead. The directors shall appoint one of their number president, and shall appoint such other officers and agents as they may deem proper, and fix their salaries. Directors for 1st year. Annual meetings, when held. Notice of. Election of board of Directors. Failure to elect. President other offi'rs. 106. Sec. IV. Be it enacted, That any of the stockholders not having paid their stock according to the terms of subscription, shall be individually liable to the creditors of the company to the amount remaining unpaid; and in like manner shall the directors be liable individually for any amount they may declare, and authorize to be paid to the stockholders, as dividends, when the company shall be unable to pay all the debts due by it. To avoid such liability on his part the dissenting director shall enter, or cause to be entered on the minutes of the board, his dissent thereto, or if not present when the act is done, he shall so record, or cause to be recorded, his dissent thereto within thirty days after such dividend shall have been authorized. Provided, the private property of the stockholders be held and bound for the payment of the debts of the company. Liabilities of defaulting stockh'lders. Directors liable for div's. Liability, how to be avoided. Private property liable for debts of company. 107. Sec. V Be it enacted, That the said company shall not contract any debts over and above the amount of capital stock paid in; no part of which shall be withdrawn, or in any way or manner diverted from the business of the company, without the consent of three-fourths in interest of the stockholders. Extent of debt. Stock to be writhdrawn, etc. only by [frac34] vote of stockh'lders. Assented to 22d December, 1857. ART. V. STEAM SAW MILLS. Sec. 108. Sect. 2d of Act of 1842 repealed as to the Mouths of the Altamaha river. Sec. 109. The phrase Mouths of the Altamaha river, defined. Sec. 110. Repealing clause. (No. 190.) An Act to repeal the second section of an Act entitled an Act to amend an Act entitled an Act to give to all persons employed on steamboats and other water crafts on the Chattahoochee, Altamaha and Ocmulgee rivers, a lien on said steamboats or water crafts for his, her or their wages, and for wood and provisions furnished, and to point out and facilitate the mode of collection of the same, assented to December 11 th, 1841, so as to. include the Savannah river within the provisions of the same, and for other purposes, assented to December 27 th, 1842. 108. Sec. I. Be it enacted, That from and after the passage of this Act, that the second section of the above named Act, to-wit: all the provisions of the Act, of which this Act is an amendment,

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shall apply to all steam saw mills, at or near any of the water courses in this State, in behalf of all and every person or persons who may be employed by the owner or owners, agents or superintendents, for services rendered, or for timber or firewood of any description, provisions or supplies delivered to any such steam saw mills, and that the same course shall be pursued for the recovery of any such claim or claims as is stated in section second or third of the Act of which the present Act is an amendment, provided the demand for such claim be first made to the owner or owners, agents or any person having control of any steam saw mill, against which proceedings may be had under the provisions of the said Act, so far as the above copied second section of said Act relates to all the saw mills upon the several mouths of the Altamaha river, that the said second section of said Act be and is hereby repealed. * * Sec Cobb's Dig p. 428, Sec. 2d of Act of Dec. 27th, 1842. Sec. 2d of Act of 1842 repealed as relates to the mouths of Alta. river, 109. Sec. II. And be it further enacted, That the term, mouths of the Altamaha river, includes all the mills within ten miles in a strait line of Darien. The phrase, mouths of the Altama. riv. defined. 110. Sec. III. (Repeals conflicting laws.) Assented to December 16th, 1857.

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TITLE VII. COUNTY LINES. Sec. 1. Line between 7th district of Baker and 3d district of Calhoun to be run. Sec. 2. Lines between Berrien and Colquitt, and line between Berrien and Lowndes established. Sec. 3. Repealing clause. Sec. 4. Line between Berrien and Irwin counties changed. Sec. 5. Repealing clause. Sec. 6. Line between Berrien and Calhoun to be run. Sec. 7. Commissioners, pay of. Sec. 8. Repealing clause. (Sections numbers 9, 10, and 11, contained in bill No. 192 are omitted, being the same as secs. 6, 7, and 8, of this title.) Sec. 12. Line between Campbell and Fayette counties to be run. Sec. 13. Repealing clause. Sec. 14. Line between Cobb and Paulding counties changed. Sec. 15. That between Cobb and Cherokee counties changed. Sec. 16. Line between Jefferson and Emmanuel counties established. Sec. 17. Repealing clause. Sec. 18. Line between Coffee and Irwin counties established. Sec. 19. Repealing clause. Sec. 20. Line between McIntosh and Liberty counties established. Sec. 21. Commissioners, fees of, chain carriers, oaths. Sec. 22. Vacancy how filled, County Surveyor. Sec. 23. Disagreement of commissioners, adjustment. Sec. 24. Repealing clause. Sec. 25. Line between Dawson and Pickens cos. changed. Sec. 26. Repealing clause. Sec. 27. Line between Rabun and Towns counties established. Sec. 28. Surveyor and compensation. Sec. 29. Repealing clause. Sec. 30. Line between Marion and Taylor counties changed. Sec. 31. And line between Heard and Coweta counties changed. Sec. 32. Repealing clause. Sec. 33. Part of western line of Taylor co. established. Sec. 34. Commissioners to run the same. Sec. 35. Return of and compensation. Sec. 36. Repealing clause. Sec. 37. Line between Worth and Colquitt counties changed. Sec. 38. Repealing clause. (No. 191.) An Act to authorize the Governor to appoint some fit and proper person to run out the line between the seventh district of Baker and the third district of Calhoun county. Whereas, the line between the seventh district of Baker county and the third district of Calhoun county is so imperfectly run and defined by marks, and for the want of having said line defined is likely to create an interminable amount of litigation between the citizens and owners of land on said district line, for remedy whereof: 1. Section I. Be it enacted, That the Governor is hereby authorized and required to appoint some fit and proper person, whose duty it shall be to proceed to run and plainly mark out said line as aforesaid, and to make out, under his hand and seal, a plat of said line, run, which shall be recorded in the Clerk's office of the Supeperior Courts of Baker and Calhoun counties, and the same shall be conclusive evidence of said line. Provided, this Act shall be not so construed as to affect any grant to land by the State of Georgia. Line betw'n 7th dis. of Baker and 3d dis. of Calhoun to be run. Plat to be recorded. Not to affect grants by the State. Assented to December 22d, 1857.

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(No. 192.) An Act to establish and define the line dividing the counties of Berrien and Colquitt, and Berrien and Lowndes, so far as regards the south-west corner of said county of Berrien. 2. Section I. Be it enacted, c., That from and after the passage of this Act, that Little River was the dividing line between the counties of Berrien and Colquitt be and it is hereby the established line all the way down to the line dividing the 9th and 12th districts of originally Lowndes, now the 9th district of Berrien county and 12th district of Lowndes county, thence east, with and upon said line so dividing the said 9th and 12th districts, to the Alapaha River, excluding from the county of Berrien and including in the county of Lowndes the following lots of land, to-wit: Nos. 516, 467 and 469, said lots of land being the residences of West Roundtree, James Roundtree and Berry Wells, all of which lots lie in the 9th district, to be included in the county of Lowndes. Line betw'n Berrien and Colquitt cos, established. [Illegible Text] betw'n Berrien and [Illegible Text] cos established. 3. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 193.) An Act to alter and change the line between the counties of Berrien and Irwin. 4. Section I. Be it enacted, That from and after the passage of this Act, the southern line of Irwin and northern line of Berrien counties be so changed as to include in the county of Irwin the residence of Joseph Walker, together with his lands, viz: number 286 and 287, and the same is hereby made part of Irwin county. Line betw'n Berrien and Irwin cos. changed. 5. Sec. II. (Repeals conflicting laws.) Approved December 15th, 1857. (No. 194.) An Act to authorize the Justices of the Inferior Courts of the counties of Calhoun and Baker to appoint commissioners to run out and define the line between said counties. 6. Section I. Be it enacted, That the Justices of the Inferior Court of the county of Calhoun and the Justices of the Inferior Court of the county of Baker do, and they are hereby authorized and required to appoint two commissioners in each of the above named counties, whose duty it shall be to meet and run out and define said line, and the line so run out and defined shall de deemed, held and considered the line between said counties. Line betw'n cos. of Calhoun and Baker. Two coms. from each co appointed by Inf'r court. Line so run the true line. 7. Sec. II. And the said Justices of the above recited counties are hereby authorized to allow said commissioners such remuneration

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for their services as they may think proper, out of any public money of their respective counties. Jus. of Inf'r court to remunerate commis'ers, 8. Sec. III. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. (No. 195.) See No. 191, which is the same throughout with this Act. (No. 196.) An Act to authorize the Inferior Court of Campbell county to employ the Surveyor of said county to run the county line between the counties of Campbell and Fayette. 12. Section I. Be it enacted, That from and immediately after the passage of this Act, the Interior Court of Campbell county be, and they are hereby authorized to employ the Surveyor of said county to run out and establish the boundary line between the counties of Campbell and Fayette. Inf'r court of Campbell to employ co. Sur. to run line between said co. and Fayette co. 13. Sec. II. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. (No. 197.) An Act to change the lines between the counties of Cobb and Paulding, so as to include the lot whereon John W. Miller now lives, in Cobb county. 14. Section I. Be it enacted, That the line between the counties of Cobb and Paulding be so changed as hereafter to run round lot of land number 1254, in the 19th district and 2d section, whereon the residence of John W. Miller is situated, so as to include said lot of land and residence in the county of Cobb. Line betw'n Cobb and Paulding changed, 15. Sec. II. And be it further enacted, That the county line between the counties of Cobb and Cherokee be so changed as to include lot of land number 1251, in the 21st district, 2d section, Cherokee county, in the county of Cobb, the same being the residence of William T. Wynn. Line betw'n Cobb and Cherokee changed, Assented to December 22d, 1857. (No. 198.) An Act to alter and change the county line between the counties of Jefferson and Emmanuel. 16. Section I. Be it therefore enacted, That from and after the passage of this Act, the line between the counties of Jefferson and Emmanuel, shall run from Whitfield ford, on the little Ohoopie, a direct line from thence to the junction of Rocky Creek, and Williamson's Swamp. Line betw'n the cos. of Jefferson and Emmanuel established. 17. Sec. II. (Repeals conflicting laws) ASSENTED to December 22d, 1857.

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(No. 199.) An Act to change and make certain the line between the counties of Coffee and Irwin. Whereas, by the Act to lay out and form a new county out of the counties of Clinch, Ware, Telfair and Irwin, to be called Coffee, and organize the same, approved February 9th 1854, * * See Acts of 1853-'4, p. 294. the Coffee's road was made the line between the counties of Coffee and Irwin, and whereas the said Coffee road is undergoing changes every year, and subject to be altered and changed by order of the Inferior Cour s of said counties, and whereas it is necessary and proper that the lines between the several counties should be plain and certain: Preamble. 18. Section I. Be it enacted, That from and after the passage of this Act, the lines between the counties of Coffee and Irwin shall be as follows: to commence at the north-west corner of lot of land number twenty-nine, in the 4th district originally Irwin, running south direct on the line of the column of which said number twenty-nine belongs, to the south-west corner of lot of land number sixteen, to the Berrien line. Line betw'n the cos. of Coffee and Irwin. 19. Sec. II. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. (No. 200.) An Act completely establishing the Line between the counties of McIntosh and Liberty, from the Altamaha River to the mouth of Big Water Swamp, from there to the North end of Blackbeard Island, to be established by Commissioners therein named, who shall be governed by the law now existing, passed A. D. 1793 or 4. 20. Section I. Be it enacted, That from and after the passage of this Act, the dividing line between the counties of McIntosh and Liberty, is and shall be established in the following manner, viz: From the Altamaha River, at Oswald's Bluff to the head of Bull-town Swamp, as agreed upon by the surveyors appointed by the Justices of the Inferior Court of said counties, under the provisions of the Act of 16th February, 1856, and also by an Act passed 1806, thence following the line marked out by the Surveyor (Jas. J. Garrison) of McIntosh county, along the Southern margin of the main Bulltown Swamp to where the lines of said surveyors united, at or near the causeway of G. B. Dean, then along the line as agreed on by said surveyors, to the mouth of Big Water Swamp. Line betw'n McIntosh and Liberty cos. established. Different parts of it. 21. Sec. II. And be it further enacted, That Wm. Hughes, Sr., of Liberty county, and James M. Harris of McIntosh county, be, and they are hereby appointed Commissioners to run out and define the remaining portion of the line, from the north end of Blackbeard Island, to the mouth of Big Water Swamp, according

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to the provisions of the Acts dividing the counties of Liberty and McIntosh. And the said Commissioners for their services shall be allowed five dollars per day each, and their choppers and chain carriers, two dollars each per day, while performing that duty, to be paid jointly out of the funds of said counties of Liberty and McIntosh. And before entering on duty said Commissioners shall take the following oath, viz: You do solemnly swear or affirm that you will faithfully perform your duty in marking and defining the line between the counties of McIntosh and Liberty, from the north end of Blackbeard Island, to the mouth of Big Water Swamp, as prescribed by law, and that you will make a true report with a correct delineation of said line to the Judges of the Inferior Court of each of said counties by the first November, 1858, so help you God. (This oath to be taken by 1st April, 1858.) Comm'rs to run the line. Their fees [Illegible Text] per day [Illegible Text] Choppers and chain carriers [Illegible Text] Oath of commissioners. 22. Sec. III. And be it further enacted, c., That in case of failure of either of the above commissioners, the Inferior Court of the county in which he resides, shall fill the vacancy by appointment, and should Commissioners and Court fail to comply with this Act in either county, then, and in that case, it shall be the duty of the Commissioner of the other county, to give thirty days notice at each Court-House in said counties, and after that, it shall and may be lawful for said Commissioner, so acting, to obtain a county surveyor, or competent person from any county in this State, save said counties of McIntosh and Liberty; and that he be paid out of the funds of said counties. Vacancy of comm'rs how filled. County sarveyor. 23. Sec. IV. And be it further enacted, c., That in case of disagreement of said Commissioners so acting, then and in that case, they are authorized to select each, a man, and said gentleman so selected, call in the third one, and the line so agreed upon by the majority of them, shall be deemed, held and taken as the true line. When commissioners disagree, how adjust ed. 24. Sec. V. (Repeals conflicting laws.) * * For Act of 1793, see vol. 1, p. 173. ASSENTED to December 22d, 1857. (No. 201.) An Act to change the Line between the counties of Pickens and Dawson, and for other purposes therein mentioned. 25. Section I. Be it enacted, That the line between the counties of Pickens and Dawson be so changed as to include lots of land, Nos. 477, 478 and 479, belonging to Daniel P. Monroe now in the county of Pickens, in the county of Dawson. Lines between [Illegible Text] son and Pickens [Illegible Text] changed. 26. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857.

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(No. 202.) An Act to define the Line between the counties of Rabun and Towns. 27. Section I. Be it enacted, That the line between the counties of Rabun and Towns, shall be run as follows; beginning on the North Carolina line three and a half miles East of the original North-west corner of Rabun county, thence running South five degrees East, three and a half miles, thence West five degrees South to the main top of the Blue Ridge. thence with the highest part of said ridge Southward to the present line between said counties of Rabun and Towns. [Illegible Text] [Illegible Text] [Illegible Text] of Rabun and Towns established. 28. Sec. II. Be it further enacted, That the Inferior Court of Towns county, be authorized to employ a competent surveyor to run and plainly mark the line aforesaid, and said Inferior Court shall be authorized to compensate said surveyor, out of the county funds of said county, and that the surveyor so employed shall take and subscribe an oath, faithfully to run and mark the line proposed in the first section of this Act. Surveyor to be employed by Inf. court of Towns co. To be compensated out of co. funds. 29. Sec. III. (Repeals conflicting laws.) Approved 10th December, 1857. (No. 203.) An Act to change the county Lines of Marion and Taylor, and the county Lines of Coweta and Heard. 30. Section I. The General Assembly do enact as follows, That from and after the passage of this Act, Lot number 130, in the third district of originally Muscogee now Marion, on which Wesley Hill now resides, be added to and become a part of the county of Taylor. Line betw'n Marion and Taylor cos. changed. 31. Sec. II. Be it further enacted, That the county Line between Heard and Coweta counties, be so altered as to include Lot of land number two hundred and five, in the original third district of Coweta county, and also Lot of land number one hundred and forty-eight, in the original fourth district of Coweta county, in the county of Heard. Line betw'n Heard and Coweta changed. 32. Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857.

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(No. 204.) An Act to define, lay out and run a part of the western line of Taylor county, appoint Commissioners, and pay said Commissioners for running said line. 33. Sec. I. The General Assembly of the State of Georgia do enact, That a part of the western line of Taylor county, shall commence at Prattsburg, where the Walker Ferry road to Talbotton, and the Miking Ferry road to Daviston cross, running in the direction of Daviston, to Dr. William Draine's gin-house, from there, in a straight line to the twelve mile station, or mile post, on lot No. (214,) two hundred and fourteen, in the fifteenth district of Talbot county, excepting the easterly land lines of William Draine, sr., of Talbot county, from the points of intersection with said straight line, shall be a part of the western line of Taylor county. Part of the western line of Taylor co. established. 34. Sec. II. Be it further enacted by the authority aforesaid, That Joseph Brown and Walton Carter, both of Talbot, and Hiram Draine and William Matthews, both of Taylor, and such person as they may select as surveyor, be and they are hereby appointed Commissioners to lay out and run said line described in the first section of this Act. [Illegible Text] to run said line. 35. Sec. III. Be it further enacted by the authority aforesaid, That said Commissioners shall make return of their acts and doings, to the Inferior Courts of Talbot and Taylor counties, and said Courts shall pay said Commissioners such an amount as in their judgment is reasonable and just for their services, each of said counties to bear one-half of said expenses. Return of [Illegible Text] Their compensation. 36. Sec. IV. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 205.) An Act to change and alter the lines between the counties of Worth and Colquitt. 37. Sec. I. Be it enacted. That from and after the passage of this Act, the line now forming the southern boundary of Worth county, and the northern boundary of Colquitt county, be so changed as to include in the county of Worth, the whole of lots of land numbers seventeen and eighteen, in the 8th district, originally of Thomas, now Colquitt county, they being the residences of Thomas and James Hardrick. Line between Worth and Colquitt cos. changed. 38. Sec. II. (Repeals conflicting laws.) Assented to December 15th, 1857.

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TITLE VIII. (ACTS AS TO COUNTIES, ALPHABETICALLY ARRANGED.) Act No. 206. Bibb; Fees of Magistrates and Constables. Act No. 207. Chatham; Act of December 20th, 1849, giving the election of county Treasurers, in certain counties, to the people, repealed as to the county of Chatham. Act No. 208. Chatham; Fees of Sheriff and Deputy Sheriff, for tending on Superior and Inferior Courts. Act No. 209. Colquitt; Sheriff's bond reduced from $20,000, to $5,000; Clerk of Superior Court to hold the office of, and be Clerk of Inferior Court also. Act No. 210. Columbia; On certain contingencies, the Clerk of the Superior Court, to be [Illegible Text] clerk of the Inferior Court, on giving bond with security and taking oath, Act No. 211. Decatur; Election of county Treasurer given to the people; election to be held biennially on 1st Monday in January beginning in 1858, must give bond in $5,000, his commissions 2 per cent. Act No. 212. Decatur; Tax Collector and Receiver of Tax Returns, elected on 1st Monday in January 1858, and biennially thereafter; must give bond in double former amount. Act No. 213. Glynn; Fees of clerk of the Superior and Inferior Courts and Sheriff, payable at each term; payment, how enforced. Act No. 214. Haralson; Offices of Clerk of Superior and Inferior Courts, consolidated. Act No. 215. Jasper; William H. Head, Sheriff, appointed by Inferior Court, to fill vacancy of Samuel Allen, deceased, declared Sheriff of said county, till next regular election. Act No. 216. Lincoln; Clerk of Superior and Inferior Courts, to be ex-officio Justice of the Peace. Act No. 217. Lumpkin and Dawson; Amounts of bonds of various county officers fixed, Act No. 218. Miller; Election of county Treasurer given to the people. Act No. 219. Murray; County Treasurer required to pay Alex. Martin $69 63 cts., for Jury scrip against Murray county. Act No. 220. Pickens; Offices of Tax Collector and Receiver, consolidated. Act No. 221. Troup; John C. Whitner and Samuel T Whitaker. made Notary Publics in the city of West Point, to certain extent. Act No. 222. Union; Offices of Tax Receiver and Collector, consolidated, and in lieu of commissions, to have a salary of $200, per annum. Act No. 223. Wayne; Election of county Treasurer given to the people; time of election, 1st Monday in January, annually. Act No. 224. Whitfield; Liability of constables for moneys collected, and mode of enforcing payment thereof; neglect of official duties, etc., Constable's bounds in the 872d district G. M., to be for $1,000, with two or more good securities. Act No. 225. Whitfield; The 4th section of Act of 3d March, 1856, amended so as to require the county Treasurer to give bond in $5,000, to Ordinary, in lieu of bond of $2,000, as heretofore required. (No. 206.) An Act to amend an Act now in force, regulating the fees of Magistrates and Constables in the State of Georgia, so far as relates to the counties of Bibb, Richmond, Monroe and Lee, and to provide the made of collecting the same, approved January 22d, 1852, so far as relates to the county of Bibb. Section I. Be it enacted, That the fees of Magistrates and Constables in civil, possessory, criminal and cases of misdemeanor, shall be as follows, viz: Fees of certain officers in Bibb co.

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Justices of the Peace in civil cases: For every summons, writ, affidavit, fi. fa., certificate or copy thereof, each, 31 Magistrate's fees in civil cases. For Ca. sa. or bail warrant, each, 62 For possessory warrant, 1 25 For trial of possessory warrant, same as in State warrant. For every case tried by a Magistrate or before a Jury, 31 For drawing Jury and making out venire, 31 For docketing a case, 31 For each case called at docket term, 31 For every case settled or dismissed before judgment, 31 For every appeal case continued, 31 For subp[oelig]na for witness, 15[frac18] For Taking interrogatories and certifying the same, for Justice's Courts, 1 25 For Issuing process under rent law for 1827, 1 25 For Distress warrant, 1 25 For Witnessing any instrument of writing, 31 For Every exemplification, copy of office or Court papers, ten cents, for every hundred words ten cents, and certificate to same, 31 For Every stray horse, mare, colt, filly, ass or mule brought before them, to be paid by the taker up, 1 00 For Each head of neat cattle, 1 00 For Each head of sheep, goat or hogs, 25 For Their commissions in all estrays sold by them, 6 Constable's fees in civil cases: For Serving writ, summons or subp[oelig]na, each, 31 Constable's fees in civil cases. For Each additional copy, 31 For Each case called at docket term, if disposed of. 31 For Serving a distress warrant, writ of possession or possessory warrant each, 25 For Trial of possessory warrant, [Illegible Text] as State warrant. For Ca. sa., fi. fa. and advertising, or returning, 31 For Serving attachment, 1 25 For Taking possession of property under the above, 62 For Each honest debtors bond, 62 For Each bail bond, 62 For Summoning a Jury, 31 For Each appeal case continued, 31 For Each days attendance on the Superior or Inferior Court, when sworn in as a baliff, to attend said Court, 2 00 Justices of the Peace in criminal cases: For a warrant, 1 25 Magistrate's fees in criminal cases. For A recognizance or bond, 62 For A subp[oelig]na, 15[frac18] For Issuing notice to Magistrate, or for taking examination of defendant, prisoner or witness, each, 31

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For Attending an examination of a defendant, or prisoner, and for each sitting on the trial of defendant, a slave, or free person of color, per day, 1 00 For Passing order, and certificate of same, 30 For Issuing notice to a party, defendant, or owner of a slave, or free person of color, each, 30 For Ordering amount of bond on a bench warrant, 1 00 For And certificate of same, 25 Constable's fees in criminal cases: 1 25 For Serving any warrant, Constable's fees in criminal cases. For Taking defendant before Magistrate on a bench warrant, 5 00 For Each and every guard, 1 00 For Whipping a slave or free person of color, by sentence of Court, 1 25 For Attending a Magistrate's Court during the examination of defendant, or prisoner, or at the trial of a slave, or free person of color, 1 00 For Each guard attending Court, 1 00 For Serving a notice on Magistrate or owner of slave, 30 For Bringing defendant or prisoner from jail for examination or trial, 75 For Serving each subp[oelig]na, 30 Sec. II. 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, under any warrant, and enters into a bond, he, she or they shall pay the Magistrate and Constable's costs. Provided, however, that if the defendant will make and file an affidavit in writing, that he or she is unable to pay the costs, owing to his or her poverty, then the Magistrate may proceed to take the bond, and charge the cost to the county. Pris. brought before Mag. and giving bond must pay costs of mag. and constable. Or file affidavit that he is unable to pay them. Pris. being unable to give bond or unable or having no property to pay costs. Sec. III. 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, or required to give bond on any warrant, and are unable to do so, and has or have no property to satisfy the cost, or have given bond under the proviso clause in section second, it shall be lawful for the Magistrates and Constables to receive their fees for the service rendered; from the county, and it shall be the duty of the Inferior Court of Bibb county, to pay said Magistrate's and Constable's fees, out of the county funds, within a reasonable time thereafter. Mag. and constable to receive their fees from co. Infr. court of Bibb to pay costs out of co. funds. Sec. IV. [Repeals conflicting laws.] Assented to December 22d, 1857.

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CHATHAM. (No. 207.) An Act to repeal 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, Cerokee and Stewart, and to give the people of said counties the election of Treasurer, approved December 20 th, 1849, * * REF. NOTE.For the above Act, see Acts of 1849-50, p. 390. so far as relates to the county of Chatham. Section I. Be it enacted, That the above entitled Act be, and the same is hereby repealed, so far as relates to the county of Chatham. Act Dec. 20, 1849, repealed as to Chatham county. ASSENTED to December 22d, 1857. CHATHAM. (No. 208.) An Act to amend 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 I. Be it enacted, That the second section of said Act be so amended, so far as relates to the compensation of the Sheriff of Chatham county; that he shall be allowed three dollars per day for his services of attendance on the Superior or Inferior Courts, and that his Deputy shall be allowed the same fee for his services on said Courts, as a Bailiff, per diem; which fees shall commence from the opening of the Court to its final adjournment for the term or terms. Act of 1850 amended, Fees of Shff, etc, of Chath'm in cert'n cases. Assented to December 22d, 1857. COLQUITT. (No. 209.) An Act to reduce the Sheriff's bond of Colquitt county, and to consolidate the offices of Clark of the Superior Court, and Clerk of the Inferior Court of said county of Colquitt. Section I. Be it enacted, That the Sheriffs of Colquitt county hereafter elected, shall be required to give bond in the sum of five thousand dollars, instead of twenty thousand, as is now required by law. Shff's bond of Colquitt co, $5,000, Sec. II. And be it further enacted by the authority aforesaid,

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That from and after the passage of this Act, the Clerk of the Superior Court of the county of Colquitt be, and he is hereby authorized and required to hold and discharge the duties of the office of Clerk of the Superior and Clerk of the Inferior Courts, so far as the county of Colquitt is concerned. Offices of [Illegible Text] of supr, and Infr. cts, consolidated Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857. COLUMBIA. (No. 210.) An Act to authorize the Clerk of the Superior Court of Columbia county to do and perform the duties of Clerk of the Inferior Court of said county of Columbia, under certain circumstances. Whereas, from the limited business and small compensation of the office of the Clerk of the Inferior Court of Columbia county, it has been found difficult to obtain an officer qualified to discharge the duties of said office, for remedy whereof: Preamble. Section I. Be it enacted, That in case there should be no candidate for the office of the Clerk of Inferior Court of Columbia county, and consequently no one elected to fill that office at the time or times which are or may be fixed by law, then, and in such cases, the Clerk of the Superior Court for the time shall. by virtue of his office, upon giving bond and security, and taking the oath as now required by law of Clerks of the Inferior Court of this State be and shall become Clerk of said Inferior Court. And his acts as such Clerk of said Inferior Court, when complying with the provisions of this Act, shall be as legal and valid as though elected by the people, and commissioned according to the laws now in force, and shall continue in office for the same time that he would have remained had he been elected by the people. When no clerk of Infr. et. of Columbia county elected, cl'k Supr. [Illegible Text] to be cl'k of Infr. court. To give bond sake the oath etc. Sec. II. (Repeals conflicting laws.) Assented to December 18th, 1857. DECATUR. (No. 211.) An Act to provide for the election of a county Treasurer for the county of [Illegible Text], by the qualified voters of said county. Section I. Be it enacted, That from and after the passage of this Act, all free white male citizens in the county of Decatur, who are qualified to vote for members of the General Assembly of this State, shall, on the first Monday in January next, and biennially on the first Monday in January, at the several election precincts in said county, elect by ballot, a county Treasurer for said county, who shall hold his office two years from the time he is elected, commissioned and qualified, and until his successor is elected, qualified

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and commissioned. Said treasurer shall, before he enters upon the duties of his office, give a bond with good and sufficient security in the sum of five thousand dollars, payable to the Ordinary of said county, conditioned for the faithful performance of his duties as a county treasurer of said county, and for a violation of the conditions of said bond, any injured party in the name of the ordinary of said county, and the ordinary for the use and in the name of the county, shall have the right to a suit on said bond in the Superior Court of said county, and upon proof being made sufficient, shall have judgment for the amount of their debts, interests and costs, and in [Illegible Text] said county treasurer shall move from said county, then suit shall be brought against him in the county to which he removes. Co. Treas. for Decatur co., how and when elect'd Term of office 2 years. His bond $5,000 Suits on bond. Removal fr. co. of co. Tr. Sec. II. Be it further enacted, That the commissions of said county treasurer so elect, shall be two and a half per cent. on all moneys received, and two and a half per cent. on all disbursements. His comm's 2 per cent. Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857. DECATUR. (No. 212.) An Act to make the election of Tax Collectors and Receivers of Tax Returns. for the county of Decatur, biennial instead of annual, and to double the amount of the bond now given by them. Section I. Be it enacted, That the election of tax collector and Receiver of tax returns for the county of Decatur, be held on the first Monday in January next, and biennially on the first Mondays in January thereafter; and that the said tax collector and receiver of tax returns shall be required respectively to give a bond for the faithful performance of their duty in double the amount now required by law. Election of tax col. and tax receiver of Decatur co. held on 1st Jan. 1858 biennially thereafter. To give bond each in double the amt. now req'ired by law. Sec. II. (Repeals conflicting laws.) Assented to December 16th, 1857. GLYNN. (No. 213.) An Act to authorize the Clerk of the Superior and Inferior Courts and Sheriff of Glynn county to collect the fees of their offices at each term of the Superior and Inferior Courts. Section I. That the Clerk of the Superior and Inferior Courts, and Sheriff of Glynn county, are authorized to collect the fees of their offices of the plaintiffs, or their attorneys, at each term of the Courts, and in default of payment to issue execution therefor against the plaintiff or plaintiffs in the suit, or against the attorney

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or attorneys of said plaintiffs in said suit, and to collect the same thereon according to law. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. HARALSON. (No. 214.) An Act to consolidate the offices of the Clerks of the Superior and Inferior Courts of the county of Haralson. Section I. Be it enacted, That from and after the passage of this Act, the offices of Clerk of the Superior and Inferior Courts of the county of Haralson, shall be held by one and the same person, any law, usage or custom to the contrary notwithstanding. Offices of clerk Supr. and Infr. [Illegible Text] consolidated Assented to December 22d, 1857. JASPER. (No 215.) An Act to authorize the Sheriff appointed by the Inferior Court of Jasper county, to fill a vacancy occasioned by the death of Samuel Allen, late Sheriff of said county, to hold his office and discharge the duties of Sheriff of said county until his successor is elected and qualified, at the next regular election for county officers of said county. Whereas, a vacancy lately occurred in the office of Sheriff, of Jasper county, by the death of Samuel Allen, the Sheriff elect of said county, and whereas the Inferior Court of said county, as directed by law, appointed William H. Head Sheriff of said county, to fill said vacancy, and also ordered an election to fill such vacancy, to be held on the third Monday in November inst.; and whereas it is desirable that no election should be held at that time, therefore: Preamble, Section I. Be it enacted, That William H. Head, the sheriff appointed by the Inferior Court to fill said vacancy, be and he is hereby authorized to discharge the duties of Sheriff of said county, under his appointment, by said Inferior Court until his successor, to be elected at the regular election of the county officers, to be held on the first monday in January next, is elected and qualified. Provided, that if the election to fill said vacancy takes place before the passage of this bill; in that event this Act shall be void and of noneffect. W. H. Head authoriz'd to act as Shff, of Jasper co. until his successor be elected and qualified at a regular election. This Act to be void if an electi'n shall have been before its passage. Sec. II. Be it further enacted, c., That the official acts of said William H. Head, Sheriff appointed as aforesaid, shall be binding upon all parties interested, as though said William H. Head had been the regular elected and qualified Sheriff of said county. His acts to be legal and void. Assented to December 15th, 1857.

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LINCOLN. (No. 216.) An Act to permit the Clerk of the Superior and Inferior Courts of Lincoln county to hold the office and discharge the duties of Justice of the Peace, in said county. Section I. Be it enacted, That from and after the passage of this Act, it may and shall be lawful for the Clerk of the Superior and Interior Courts of Lincoln county, to hold the office and discharge the duties of Justice of the Peace in said county. Clerk may be Justice of the Peace in Lincoln county. Sec. II. (Repeals conflicting laws.) Assented to December 16th, 1857. LUMPKIN AND DAWSON. (No. 217.) An Act to regulate certain bonds therein mentioned. Section I. Be it enacted, That from and after the passage of this Act, the Sheriff's bonds of the counties of Lumpkin and Dawson shall be for seven thousand dollars, with two or more good and approved securities; also the bonds of the Clerks of the Superior Courts of said counties shall be four thousand dollars; and the bonds of the Ordinaries shall be for four thousand dollars; and the bonds of the Clerks of the Inferior Courts of said counties shall be for three thousand dollars; and also the bonds of the Coroners of said counties shall be for two thousand dollars; the bonds of the Treasurers in said counties shall be for six thousand dollars; all the above bonds shall be required to have two or more good and sufficient securities, to be adjudged of by the Justices of the Inferior Courts of said counties of Lumpkin and Dawson. Shff's bonds to be $7000, with two or more good securities. Bonds of Cl'ks of Superior courts to be $4000. Ordinarys' bonds $4000. Bonds of Cl'ks Inf'r courts $3000. Bonds of Coroners, $2000. Bonds of city Treasurers. $6000 and each to have two or more good securities to be adjudged of by Jus. of the Inf'r courts. Sec. II. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. MILLER. (No. 218.) An Act to provide for the election of a County Treasurer for Miller county. Section I. Be it enacted, That an election shall be held in the county of Miller for a County Treasurer on the first Monday in January, 1858, by the legal voters of said county, and on the first Monday in January every two years thereafter, until otherwise altered by law, and the person so elected shall hold his office for the term of two years, or until his successor is elected and qualified.

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Provided he shall be bound to enter into a bond with good and sufficient security for the faithful performance of his duty, to be approved by a majority of the Justices of the Inferior Court of said county. Co. Treas'r elec. by people. Elec. on first [Illegible Text] in [Illegible Text] 1858, and every 2 years thereafter. Term of [Illegible Text] 2 [Illegible Text] Must give bond with good secu'ty to be approved by a maj. of Inf'r c't. Sec. II. (Repeals conflicting laws.) Approved December 22, 1857. MURRAY. (No. 219.) An Act to authorize the County Treasurer of Murray county of pay Alexander Martin out of the county funds, certain claims therein specified, for the years 1852-'53. The General Assembly of Georgia enact, That the county Treasurer of Murray county be, and he is hereby authorized and required to pay to Alexander Martin, of said county, the sum of sixty-nine dollars and sixty-three cents, for jury scrip which he holds against the county of Murray, but which, by existing laws, the said County Treasurer is not authorized to pay, any law to the contrary notwithstanding. Co. Treas'r required to pay to Alex. Martin $69.63 for jury scrip against co. of Murray. ASSENTED to December 22d, 1857.) PICKENS. (No. 220.) An Act to consolidate the offices of Tax Receiver and Collector for the county of Pickens. Section I. Be it enacted, That from and after the passage of this Act, the offices of Tax Receiver and Collector for the county of Pickens be and the same are hereby consolidated. Offices of Tax Collec'r and Receiver of Pickens co. consol. Sec. II. (Repeals conflicting laws.) Approved December 15, 1857. TROUP. (No 221.) An Act to authorize John C. Whitner and Samuel T. Whitaker to act as Notary Publics in the city of West Point, Georgia, for certain purposes therein mentioned. Sec. I. Be it enacted by the General Assembly of Georgia, That John C. Whitner and Samuel T. Whitaker are each authorized to act as Notary Public in the city of West Point, Troup county, Georgia, so far as to note for protest and protest notes, bills, orders, c., for non-acceptance and non-payment, and for other causes now authorized

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by law, and to attest the execution of deeds and other instruments of writing. Notaries Public in West Point for certain purposes. Sec. II. (Repeals conflicting laws.) Assented to December 22, 1857. UNION. (No. 222.) An Act to consolidate the offices of Receiver of Tax Returns and Tax Collector, so far as relates to the county of Union, and for other purposes therein mentioned. Section I. Be it enacted, That from and immediately after the passage of this Act, the offices of Receiver of Tax Returns and Tax Collector in the county of Union be, and the same are hereby consolidated, and that one person shall discharge the duties and exercise the functions of both offices in said county. Office of Tax Receiver and Collector of Union consol idated. Sec. II. And be it further enacted, That the said Receiver of Tax Returns and Tax Collector shall receive for his services the sum of two hundred dollars per annum, and no more, to be paid as follows, to-wit: by a commission on the State tax as now allowed by law, and the deficit of said two hundred dollars to be paid to him by the Inferior Court of said county, out of the county funds of said county. Sal. of Tax Col. and Receiver $200 per annum. To be made up of com's on State tax and deficit by Inf'r court of said county. Sec. III. (Repeals conflicting laws.) Assented to December 15, 1857. WAYNE. (No. 223.) An Act giving the election of County Treasurer of the county of Wayne to the legal voters of said county. Section I. Be it enacted, That on the first Monday in January next, and on the first Monday of every January thereafter, the County Treasurer of Wayne county shall be elected by the legal voters of said county; said election, in all respects, to be subject to the same votes [rules?] that other elections for county officers are. Co. Treas. of Wayne to be elec. 1st Mom in Jan. Sec. II. Said officers bonds and commissions shall be the same as they now are. Bonds and com's same as before. Sec. III. (Repeals conflicting laws.) Assented to December 16, 1857.

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WHITFIELD. (No. 224.) An Act to change the manner of suing on Constables' bonds in the county of Whitfield, and to increase the amount of Constable bonds in the 872d district, G. M., of said county. Section I. The General Assembly do enact, That from and after the passage of this Act, when any Constable of the county of Whitfield shall hereafter collect any money and neglect or refuse to pay over the same, or neglect or refuse to serve any process according to the laws of this State, and on being ruled before the Justice of the Peace of the district in which he lives, and on being found in default, and a rule absolute being obtained against him for such default and neglect of duty, the plaintiff, his agent or his attorney at law, may commence suit on the bond of such Constable, on giving the security or securities to such bond ten days notice, by summons, which summons shall be issued by the Justice of the Peace of the district in which the default occurred, and shall be returnable to the Justices' Court of said district, which shall contain a copy of all the proceedings in the case, and shall be served by any lawful Constable of said county. Constable bonds in Whit field when and by whom sued on. Sureties to have 10 days notice. Summons what to [Illegible Text] Sec. II. Be it further enacted, It shall be the duty of the Clerk of the Inferior Court of said county, on application of any party, plaintiff or defendant, to any suit in any of the Justices' Courts of the county aforesaid, to make out a true copy, certified under his hand and official seal, of such bond, filed in his office, for which he shall receive the sum of one dollar from the party so applying, which amount so paid shall be endorsed on the copy bond, which amount shall be recovered back, out of the Constable, his security or securities, as cost, and that a copy of the bond so certified shall be sufficient evidence of such securityship to authorize the Court to give up the judgment against the Constable and his securities for the amount of the principal debt, with interest and cost of suit. Provided, that such security or securities shall have the same right to defend such action as in other cases, and to show cause why judgment should not be rendered against him or them as the case may be. Ol'k of Inf'r [Illegible Text] to furnish certified copy of [Illegible Text] bond upon application. His fee $1. Evidence. Right of defense. Sec. III. Be it further enacted, That the security or securities, on paying off the judgment or execution, shall have control of the same for the purpose of remunerating him, her or them out of the effects of the said Constable. Sureties to have control of execution paid off. Sec. IV. Be it further enacted, That the Constable bonds hereafter to be taken, in and for the 872d district, G. M., in Whitfield county, shall be for the sum of one thousand dollars, with two or more good securities. Const. bond in 872d dis., G. M. of Whitfield. Sec. V. (Repeals conflicting laws.) Assented to December 22, 1857.

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WHITFIELD. (No. 225.) An Act to amend the 4th section of an Act incorporating the city of Dalton, in the county of Whitfield, assented to on the 20 th day of December, 1853, so as to give the election of Clerk and Treasurer of said city to the qualified voters of said city, and to require the Mayor of said city to make out and publish in each of the newspapers of said city semi-annual reports of the financial operations of said city, to provide for the election of a County Treasurer for the county of Whitfield, by the qualified voters of the said county, and for other purposes therein mentioned, approved March 3 d, 1856. Section I. Be it enacted, That so much of the 4th section of the above recited Act as relates to the County Treasurer's bonds be so amended as to require the Treasurer to give his bond to the Ordinary of said county, for the sum of five thousand dollars, in lieu of the bond for two thousand dollars, as now required by law. * * REF. NOTE.See Act of 3d March, 1856, in Acts of '55-'6, p. 370, sec. IV. Sec. 4, of act of March 3d, 1856, aimen'd so as to require county Treas' bond to be $5000 instead of $2000. Sec. II. And be it further enacted, That the County Treasurer for the county of Whitfield, shall receive for his services, one and one-half per cent. for all moneys that he may receive, and one and one-half per cent. for paying out the same. Co. Treas. of Whitfield to receive for services [Illegible Text] per cent on receipts and [Illegible Text] Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857.

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TITLE. IX. COUNTY REGULATIONS. Sec. 1. Pay for carrying up election returns in Burke, Heard, Habersham, Elbert, Early and Jackson counties. Sec. 2. County Treasurer to pay persons for same. Sec. 3. Repealing clause. Sec. 4. Chatham co. certain distress warrants in, how and by whom and on what levied, notice, imprisonment, Jailor's duty, proviso. Sec. 5. Constable neglecting duty, to be ruled. Sec. 6. His fees, fees to be taxed in bill of costs, when defendant insolvent, how paid. Sec. 7. Repealing clause. Sec. 8. Solicitor's fees in Chatham county. Sec. 9. Repealing clause. Sec. 10. Clerks of the Courts of Charlton county, where may keep their offices. Sec. 11. Repealing clause. Sec. 12. School districts of Clay, Murray, and Coffee cos., Ordinary to divide poor school fund among districts. Sec. 13. Camp hunting by non-resident in Colquitt co. a misdemeanor, fine, how disposed of. Sec. 14. Repeating clause. Sec. 15. Compensation of superintendants, etc. of elections in Decatur county. Sec. 16. Repealing clause. Sec. 17. Poisoning water courses in Emmanuel co., penalty for, how disposed of. Sec. 18. Repealing clause. Sec. 19. Telfair and Early counties, penalty for cutting etc. timber in, without consent of owner, proceedings. Sec. 20. Repealing clause. Sec. 21. Election of Treasurers of school districts in certain counties, when to be held. Sec. 22. Repealing clause. Sec. 23. Floyd co. made a corporation for certain purposes, to be represented by the Inferior Court. Sec. 24. Elections, notice, how to vote, am't of subscription, bonds for how much, when payable, interest when payable. Sec. 25. Reduction of bonds. Sec. 26. County Tax, for what purposes may be assessed. Sec. 27. Glynn county, killing female deer in, when prohibited. Sec. 28. Doing so a misdemeanor. Sec. 29. Gwinnett county, Act Feb. 20, 1854, as to, repealed, old laws revived. Sec. 30. Hancock co., granting of retail license in. Sec. 31. Power of Inferior Court as to. Sec. 32. Lee co, selling etc. marks, etc., of stock running at large, a misdemeanor, punishment. Sec. 33. Purchaser failing to alter mark etc. indictable, punishment. Sec. 34. Repealing clause. Sec. 35. Cass and Richmond counties, taking and carrying away trees in, indictable, punishment. Sec. 36. Scriven co., killing deer in, at certain periods prohibited, fine $30, how disposed of. Sec. 37. Stewart co., price of retail license in. Sec. 38. Thomas co., fines on road defaulters, how applied. Sec. 39. Repealing clause. Sec. 40. Towns, Camden and Haralson. cos. Sheriff's bonds in $4,000 each. Sec. 41. Ware co., Clerk in, where to hold their offices. Sec. 42. Repealing clause. Sec. 43. Richmond co., poor house precinct in, sale etc., of liquors there on certain election days, doing so a misdemeanor, punishment for. Sec. 44. Repealing clause. (No. 226.) An Act to provide for the compensation of the Superintendants of Elections in the Counties of Burke, Heard, Habersham, Elbert, Early and Jackson. 1. Section I. Be it enacted, That in all elections hereafter to be held in the counties of Burke, Heard, Habersham, Elbert, Early and Jackson, where it is necessary to consolidate the returns at the Court-House, the superintendant or manager, carrying up the returns, shall receive the sum of two dollars for said service. Persons carrying up to co'rtt house election returns in certain counties to be paid.

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2. Sec. II. And be it further enacted, c., That the county Treasurer of said counties, be authorized to pay the sum so specified, out of any money in their hands, not otherwise appropriated. County T'r to pay the same. 3. Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 227.) An Act to point out the mode of levying and collecting all fines issued by the general Board of Road Commissioners and District Commissioners and Patrol Commissioners of the county of Chatham, to define the liability of the levying officer, and to establish his fees. 4. Section I. Be it enacted, That from and after the passage of this Act; all distress warrants for fines issued in pursuance of the law by the general Board of Road Commissioners or by the Board of District Commissioners or Patrol Commissioners of the county of Chatham, shall be levied by a county Constable on any property of the person against whom said distress warrant was issued which may be found in any part of said county, which property, or so much thereof as is necessary to satisfy said warrant, may be sold before the Court-House in the city of Savannah on any Sheriff sale day, after giving thirty days notice of said sale in any newspaper of the said city, and in case no property can be found whereon to levy, then it shall be lawful to imprison the said delinquent one day for each two dollars of his fine. And it shall be the duty of the Jailor of said county to keep such offender in close custody for the term expressed in the warrant, and until such delinquent shall have also paid his jail fees; provided no Jailor shall detain such delinquent more than ten days for his fees. Certain distress warrants to be levied by constable. What property levied on. Sale. Notice. When no property to be found, imprisonment of def't one day for each $2. Jailor. Proviso. 5. Sec. II. And be it further enacted by the authority aforesaid, That any county Constable, refusing or neglecting to make such levy when so directed, or neglecting to pay over the money collected on such distress warrants, shall be liable to be ruled before said general Board of Road Commissioners in like manner as Sheriffs are ruled before the Superior Courts of this State. Constable neglecting etc, duty, to be ruled. 6. Sec. III. And be it further enacted by the authority aforesaid, That the levying Constable shall be entitled to such fees for levying such distress warrants and for the advertising and sale of property levied on by virtue thereof, as he would be entitled to for the same service in cases of distress warrants in Justice Courts, together with two dollars per day extra upon each warrant for each day, whilst in the discharge of his said duties without the limits of the city of Savannah, all of which shall be collected as costs out of the person against whom such distress warrant is issued, but in case such person should prove insolvent, then the said general Board of Road Commissioners shall draw its warrant through its chairman, on the county Treasurer for the amount of such costs. Constables fees. To be taxed in bill of cost. When deft. insolvent fees how paid. 7. Sec. IV. (Repeals conflicting laws.) Assented to December 22d, 1857.

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(No. 228.) An Act to point out the mode of paying the fees of the Solicitor General of the Eastern Judicial District of Georgia, in Chatham county, in certain cases, and for other purposes therein enumerated. 8. Sec. I. Be it enacted, That from and after the passage of this Act all bills of the Solicitor General, of the Eastern Judicial District of Georgia, for the prosecution of criminal cases in the Superior Court of Chatham county, after being approved by the Judge of the Superior Court of said county, at the close of each term of said Court, shall be credited with such proportion of the funds that may be in the registry of said Court, as he may be entitled to, and the balance due upon said bills shall be paid from the fund of said county, by the Justices of the Inferior Court of said county, and all funds coming into said Superior Court, from fines inflicted by said Court, or from forfeited recognizances, after payment of the bills of the Solicitor General, as aforesaid, and the bills of the Clerk and Sheriff, of said Superior Court, shall be paid into the treasury of the county of Chatham, and not into the treasnry of the city of Savannah, as heretofore practiced, provided, however, that the funds arising from fines and forfeited recognizances, shall be applied to the payment of the bills of the Solicitor General, already examined and passed, until the same shall be fully paid and satisfied before any part thereof shall be entered upon any Solicitor's bills hereafter to be passed. Sol.'s fees in [Illegible Text] co. Sol's bills to be approved by J. at end of each term. And to be credit, with [Illegible Text] propor. of funds in [Illegible Text] of said court. The balance to be p'd by Infr court. Remaining funds to be paid into co. treasury. Sol's bills already passed to be first paid, 9. Sec. II. (Repeals conflicting laws.) Asseuted to December 17th, 1857. (No. 229.) An Act to authorize the Clerks of the Superior and Inferior Courts and Ordinary, of Charlton county to keep their offices at their residenees, if within six miles of the Court House. 10. Sec. I. Be it enacted, That from and after the passage of this Act, it shall be lawful for the Clerks of the Superior and Iuferior Courts, and Ordinary of Charlton county, to hold or keep their offices at their place of residence, if within six miles of the Court House. [Illegible Text] of Supr and Infr Cts and of Ct of Ord. of Charlton co. authorized to keep their offices at their residences if within six miles of C H 11. Sec. II. (Repeals conflicting laws.) Assented to December 17th, 1857. (No. 230.) An Act authorizing the Justices of the Inferior Courts of Clay, Murray and Coffee counties, to lay off said counties into school districts. 12. Sec. I. Be it enacted, That from and immediately after the

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passage of this Act, the Justices of the Inferior Courts shall proceed to lay off said counties of Clay, Murray and Coffee, into school districts, and that the Ordinaries of said counties shall so divide the poor school fund, as to give each district a proportionable part agreeably to the number of poor children in said districts, which shall be held and disposed of in said school districts. Justices of Infr Ct to lay off Clay, Coffee and Murray into school dists. Ord. to divide poor school fund proportionably among dists. according to number poor children. Assented to December 22d, 1857. (No. 231.) An Act to prevent non-residents of the county of Colquitt from camp-hunting, and for other purposes therein mentioned. 13. Section I. Be it enacted, That from and after the passage of this Act, any person or persons, not residents of the county of Colquitt, who shall be guilty of camp-hunting in the county of Colquitt, shall be deemed and cousidered guilty of a misdemeanor, and on conviction thereof, before any Court having jurisdiction, shall be fined in a sum of not less than fifty dollars, nor more than one hundred dollars; one-half of which shall go to the informer, the other to the ordinary, for the use of the county for school purposes. Camp-hunting by a non-resident in Colquitt co. a misdem'r. Fine from $50 to $100. Half to the informant, half to co. for school funds. 14. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 232.) An Act to authorize and require the Justices of the Inferior Court of Decatur county to order the payment of the Superintendents, Clerks, and those who consolidate the returns of elections of said county for their services. 15. Section I. Be it enacted, That from and after the passage of this Act, the Justices of the Inferior Court of Decatur county be, and are hereby authorized and required to pass an order for compensating the superintendents and clerks of elections held hereafter in said county, as well as those who consolidate the returns from the different precinets in said county; and it shall be the duty of the treasurer of said county, upon the presentation of such order, to pay said persons the sum of one dollar each for their services at each election in which they act in such capacity. Superi ntdts, clerks. etc, of elections in Decatur co. each to be paid $1 out of co. Tx. 16. Sec. II. (Repeals conflicting laws.) Assented to December 16th, 1857. (No. 233.) An Act to prohibit persons in the county of Emmanuel from poisoning the water courses in said county with buckeye and other poisonous substances, for the purpose of catching fish, and thereby destroying cattle and other stock on said water courses. 17. Section I. Be it enacted, That from and after the passage of

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this Act, any person or persons in the county of Emmanuel, who shall use buckeye or any poisonous substances in water courses of said county of Emmanuel, for the purpose of killing fish, shall be indicted for the said offence, and on conviction of the same, he, she or they shall be fined in a sum not less than fifty dollars, and that one-half of said fine be paid to the informant, and the other half be paid into the treasury of said county as a poor school fund. Persons not to poison water co'rs's in Emman'l co. for killi'g fish, under a penalty of not less than $50. Half to inf'r and half to [Illegible Text] Tr. as p'r sch'l fund. 18. Sec. II. (Repeals conflicting laws.) Assented to December 21st, 1857. (No. 234.) An Act to make it penal to cut and haul off timber from lands in the counties of Telfair and Early, without the consent of the owner, or agent or tenant in possession. Whereas, great injury and damage is done to the respective owners of lands in the counties of Telfair and Early by trespassers cutting and hauling off from said lands timber, and an action of trespass being wholly inadequate to remedy the mischief: Preamble. 19. Section I. Be it enacted, That from and after the passage of this Act, any person or persons cutting timber, or hauling timber off of any land in the counties of Telfair and Early, without permission of the owner, or agent or tenant in possession, shall be guilty of a misdemeanor, and on conviction shall be fined or imprisoned in the common jail of the county in which the land lies; the fine not to exceed two hundred dollars, and the imprisonment not to exceed two months. Provided, the said owner, agent or tenant in possession shall put up a notice in writing on the Court House door in the county where the land lies, forbidding any person from trespassing on said land or lands. Per's cutting [Illegible Text] hauling timb'rin Telfair or Early co. without permiss'n of owner, etc., guilty of misdem'r and subj't to fine and imp'mt. Fine not m'e than $200, impri'mt not longer than 2 months. Owner etc., to give writ. notice f'rbid. trespassers. 20. Sec. II. (Repeals conflicting laws.) Assented to December 22, 1857. (No. 235.) An Act to alter and amend an Act entitled an Act to authorize the Justices of the Inferior Court of the counties of Fannin, Telfair, Clinch and Walton, to lay off said counties into school districts, to appoint trustees for the same, and to provide for the election of treasurers for each of said districts and for other purposes therein mentioned, approved March 6th, 1856. 21. Section I. Be it enacted, That from and after the passage of this Act, the election for treasurer in the several school districts in the counties of Fannin and Telfair be held on the second Saturday in January in each and every year. * * By Act of March 6th, 1856, the elections were to be held on the first Monday in January in each year. See Acts of 1855-6, p. [Illegible Text] [Illegible Text] for Tr. in the sch'l dists. of Fannin and Telfair cos. to be [Illegible Text] on 2d Sat. in Jan. every year. 22. Sec. II. (Repeals conflicting laws.) Assented to December 21st, 1857.

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(No. 236.) An Act to authorize the county of Floyd to aid in constructing the Georgia and Alabama Railroad, by the subscription for stock and the issue of bonds therefor, upon a vote of the citizens of said county. 23. Section I. Be it enacted, That the county of Floyd shall be a corporation with all the necessary powers for the purposes of this Act, and shall be represented in its corporate capacity by the Inferior Court of said county. Co. of Floyd made a corporation for certain purposes. To be represented by Inferior Ct. 24. Sec. II. Be it further enacted, that on the first Monday in February, 1858, or at any time thereafter, which shall be determined, ordered and published by the Inferior Court giving at least thirty days notice thereof, the legal voters of Floyd county shall assemble at the Court House and the election precincts in said county and vote county subscription, or no county subscription. The election shall be held and conducted in the same manner as elections are required to be held for county officers, and the returns shall be made to the Justices of the Inferior Court, who shall consolidate the returns and enter the result upon the minutes of Court, and if a majority of the votes so cast shall have been for county subscription, then the Inferior Court shall subscribe not less than fifty thousand nor more than one hundred thousand dollars to the capital stock of the Georgia and Alabama Railroad Company, and shall issue bonds of Floyd county therefor to said Railroad Company in payment for said stock, at par value, in amounts not exceeding one thousand dollars each, payable not exceeding ten years from date, bearing interest at seven per cent. per annum, and said interest payable semi-annually, at such place or places as the said Inferior Court shall determine. Election. 30 d'ys not'e To vote co. subscript'n or no co. subscrip'n. Election, how held, etc. Subscript'n not less than $50,000 nor more than $100,000. Bonds. For not more than $1000 each. When payable. 7 per ct. int. Int. payable semi-annually. 25. Sec. III. Be it further enacted, That the capital stock so subscribed by the county of Floyd, and the resources arising from the county tax shall be pledged for the redemption of the said bounds, and said stock shall not be used for any other purpose, and all dividends arising from said stock shall be appropriated to the payment of said bonds. Redemption of bonds. 26. Sec. IV. Be it further enacted, That the Inferior Court of Floyd county shall assess and collect a county tax, of such per cent. upon the State tax as shall be sufficient to pay the interest, semi-annually due, and to protect the credit of the county, and should it be necessary after applying the stock so subscribed to the redemption of the bonds, to raise any amount for a balance due, the said Court may order and assess such tax as may be necessary to fully redeem said bonds and the unpaid interest due thereon. * * See Act No. 166 under title Cities and Towns, for Act authorizing the city authorities of Rome to subscribe for $100,000 to said Railroad. Infr. ct. to assess co. tax to pay int. semi-annually. May assess tax to redeem bonds, etc. Assented to December 22d, 1857.

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(No. 237.) An Act to prevent the killing of female deer in the county of [Illegible Text] at certain periods of the year. 27. Section I. Be it enacted, That from and after the passage of this Act, it shall not be lawful for any person to kill or destroy any female deer, doe or fawn, in the county of Glynn, from the first day of March to the first day of October, of each and every year. [Illegible Text] deer not to be killed in [Illegible Text] co. from 1st March to 1st Oct. 28. Sec. II. And be it further enacted, That any person committing the above offence shall be guilty of a misdemeanor, and on conviction shall be fined in the sum of thirty dollars for each offence. The money to be applied as in other cases of fines in said county. Violation of This Act a [Illegible Text] Assented to 22d December, 1857. (No. 238.) An Act to repeal an Act to amend the patrol laws of this State, approved February 20th, 1854, * * See Acts of 1853-1, p. 101. so far as relates to the county of Gwinnett. 29. Section I. Be it enacted, That the Act entitled an Act to amend the patrol laws of this State, approved February 20th, 1854, be and the same is hereby repealed, so far as relates to the county of Gwinnett, and the laws regulating patrols previous to the passage of this Act of the 20th February, 1854, be declared to be in full force and effect in the county of Gwinnett, from and after the passage of this Act. For former laws regulating patrols in Georgia, see Cobb's New Dig. pp. 964 to 1021. Act of Feb. 20, 1854, [Illegible Text] as to Gwinnett, county. [Illegible Text] laws [Illegible Text]. Assented to December 16th, 1857. (No. 239.) An Act to regulate the retail of spirituous liquors in Hancoch county. 30. [Sec. I.?] Be it enacted, That after the passage of this Act, no liceuse for the retail of spiritnous liquors in the county of Hancock shall be granted to any individual until such individual, so applying for liceuse, shall, [Illegible Text] addition to the requirements of law, now of force, present to the Court authorised to grant license, the petition of a majority of the legal voters living within three miles of the locality at which the retail privileges, under such license, is to be issued; such potition to be signed by the hand of each petitioner, praying the Court to grant and issue the same to the person applying for the same. No retail [Illegible Text] to be granted in Hancock co. but upon petition of legal vot'rs within 3 mi. of [Illegible Text] of retailing. 31. [Sec. II?] Be it further enacted, That from the passage of this Act, the granting of heense in said county, for retail purposes,

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shall be in the exclusive power and control of the Inferior Court of said county, all laws to the contrary notwithstanding. Inf'r court has exclusi'e how and contrel of granting license in said county. ASSENTED to December 21st, 1857. (No. 240.) An Act to prohibit, in so far as relates to the county of Lee, the traffic and sale of the marks and brands of stock running at large in said county. 32. Section I. Be it enacted, That from and after the passage o this Act, it shall not be lawful for any person or persons residing within the county of Lee, or owning stock of any description, running at large therein, to traffic or sell the marks or brands of such stock, and any person so offending, shall be liable to indictment in the Superior Court of said county, for misdemeanor, and upon conviction thereof, shall be fined in a sum of not exceeding one hundred dollars, or imprisonment in jail, at the discretion of the Court. To sell c., marks, c., of stock runing at large in Lee co. a [Illegible Text] Punishm'nt. 33. Sec. II. And be it further enacted by the authority of the same, That any person or persons who shall purchase stock within the limits of said county, as aforesaid, shall alter and change the marks and brands so purchased, whether such purchase be made at private or public sale, and upon failure of such purchaser so purchasing, he shall be subject to the same indictment and fine provided in the first section of this Act. Purchaser failing to alter mark c. indictable. Punishment as in 1st sac. 34. Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 241.) An Act to provide for the protection of forest trees in the counties of Richmond and Cass, and to punish certain offences in violation thereof. 35. Section I. Be it enacted, That any person who shall feloniously take and carry away any tree or trees, knowing the same to be the property of another, in the counties of Richmond and Cass, with the intention of selling the same, for fire wood or other purposes, shall be liable to be indicted, and on conviction, punished as in other cases of misdemeanor, with fine and imprisonment. Taking and car'y'g away treas in Case or Richmond ces. not their own, indictable. Assented to December 21st, 1857. (No. 242.) An Act to prevent the killing of deer at certain periods of the year in the county of Scriven. 36. Section I. Be it enacted, That from and after the passage of this Act, it shall not be lawful for any person or persons, within the limits of the county of Scriven, by theuse of fire arms, or other weapons, to kill any doe, buck or fawn, or any sort of deer, whatever, between

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the first of March and August in each and every year, and every person or persons so offending shall forfeit and pay the sum of thirty dollars for each and every offence, to be recovered by indictment in the Superior Court of said county, one-half to go to the informant, the other half to be paid over to the Justices of the Inferior Courts of said county, for poor school purposes. Killing deer in Scriven co. between 1st Mar. and Aug. prohibited. Fine $30. Half to informer and half for poor school pur. Assented to December 16th, 1857. (No. 243.) An Act to amend an Act entitled an Act to regulate the rates of tavern license in this State, approved December 15th, 1809, * * See for this Act, Cobb's Dig. p. 1038, by which the price of tavern or retail license was $5. so far as the same relates to the county of Stewart. 37. Section I. Be it enacted, That from and after the passage of this Act the price for license to retail spirituous liquors in the county of Stewart shall be one hundred dollars, to be granted under the same rules, laws and regulations as now prescribed by law, any law, usage or custom to the contrary notwithstanding. Price of retail license in Stewart co. $100. Assented to December 21st, 1857. (No. 244.) An Act to provide for the disposition of money raised by fines on account of road duties in the county of Thomas, and to alter existing laws for that purpose. 38. Section I. Be it enacted, That from and after the passage of this Act, all money, which, under existing laws, would go into the county treasury of the said county of Thomas, from fines imposed on account of any failure to perform road duty by any person in said county, shall be retained in the hands of the road commissioners of the militia district in which the said fine is imposed, to be applied by them to the purpose of improving the roads of said district. Moneys arising fr'm fines on road defaulters how to be applied 39. Sec. II. Repeals conflicting laws. Assented to December 22d, 1857. No. 245. An Act to reduce the Sheriffs' bonds in the counties of Towns, Camden and Haralson. 40. Section I. Be it enacted, That the Sheriffs hereafted elected in the counties of Towns, Camden and Haralson, shall be required to give bond in the sum of four thousand dollars, instead of twenty thousand dollars, as is now required by law, and that all laws militating against this Act are hereby repealed. Sheriffs of Towns, Camden and Haralson cos. to give bonds in the sum of $4000. Repealing clause. Assented to December 17th, 1857.

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No. 246. An Act to repeal an Act approved March the fifth, eighteen hundred and fifty-six, authorizing the Clerks of the Superior and Inferior Courts of the county of Ware to hold their offices at their residences, if within eight miles of the Court House in said county, and to require them to hold their offices at the Court House in said county, or within one mile of said Court House. 41. Section I. Be it enacted, That from and after the passage of this Act, the Act passed at the last General Assembly of this State, authorizing the Clerks of the Superior and Inferior Courts of the County of Ware to hold their offices at their place of residence, if within eight miles of the Court House in said county, be and the same is hereby repealed, * * See Acts of 1855-'6, p. 404. and that the Clerks of said Superior and Inferior Courts of said county be and they are hereby required to hold their offices at the Court House in said county, or within one mile of the same. Act of March 5th, 1856, repealed. Cl'ks Sup'r and Inf'rc'ts of Ware co. to hold their offices at c't house or within 1 mile thereof. 42. Sec. II. Repeals conflicting laws. Assented to December 21st, 1857. No. 247. An Act to prevent the sale of ardent spirits or intoxicating liquors at or near the Poor House precinct in Richmond county, on days of general elections or county elections and to make it penal to do so. 43. Section I. Be it enacted, That it shall not be lawful for any person or persons to buy or sell or carry for the purpose of treating, any spirituous liquors or intoxicating drinks, at or in the neighborhood of the poor house precinct in Richmond county on the days of the general State elections or county elections and for such violation of this law all and any such offenders shall and may be indicted for a misdemeanor, in the Superior Court of said county, and on conviction, shall be find or imprisoned, or both at the discretion of the Court. Poor house precinct Richmond' co., sale c., of liquors prohibited there on certain election days. Doing so a misdeme'n'r Punishment. 44. Sec. II. Repeals conflicting laws. Assented to December 22d, 1857.

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TITLE X. COUNTY SITES AND COURT HOUSES. No. 248. Cass county, removal of county site of. No. 249. Montgomery county, removal of the county site of. REMOVAL OF THE COUNTY SITE OF CASS COUNTY. Sec. 1. Election, how to vote. Sec. 2. If majority in favor of removal, then second election to be held to ascertain the place to which to be removed. Place having majority of all the votes, to be new county site. Sec. 3. Commissioners to establish county site, Court House, etc, proviso. Sec. 4. Duties of Justices of the Inferior Court, Officers to transfer books etc., to new county site, when to become permanent county site, preamble. Sec. 5. Owners of town property in Cassville to be paid for damages occasioned by removal. Sec. 6. Commissioners to assess damages, certificates of, when to be redeemed, tax exemptions, vacancy in commissioners, how filled. oath of, their pay. Sec. 7. If no removal by 1st January, 1800, no removal thereafter, except under certain conditions therein expressed. Sec. 8. Repealing clause. (No. 248.) An Act to submit the question of the removal of the county site of Cass county from its present location to the legal voters of said county, on certain conditions therein contained, and for other purposes therein specified. 1. Sec. I. Be it enacted, That there shall be an election held at the usual places of holding elections, at the Court House and the several [Illegible Text] in the county of Cass, on the first Wednesday in June, 1858, in the manner prescribed by law for the election of members of the General Assembly, and that all persons in said county who are legally entitled to vote for members of the General Assembly, shall be entitled to vote in said election, and that all those in favor of the removal of the county site from its present location, shall have upon their tickets the word removal, and those who are opposed to the removal of the county site, shall have upon their tickets the words, no removal. Elec. to be held in Cass 1st Wed. in June, 1858. Qualifica'ns of voters. Tickets to have on them removal or no removal. 2. Sec. II. And be it further enacted by the authority aforesaid, That the managers of said election, shall meet at the Court House in said county, on the day after said election, and consolidate the returns from the several precincts in said county, in the manner prescribed by law in the election for members of the General Assembly in this State, and said consolidated returns shall be filed by said managers in the Clerk's office of the Superior Court of said county,

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and in the event a majority of votes polled, shall be in favor of removal, an election shall again be held at the Court House, and several precincts in said county in like manner as aforesaid, on the first Wednesday in August, 1858, and the voters in favor of the removal, shall designate on their ticket the name of the place to which they wish the county site removed, and those opposed to the removal shall vote for the present location, and if any place shall receive a majority of the votes polled at said last election, it shall be selected as the new county site of the said county; the result to be ascertained by a meeting of the managers of said election, at the Court House on the day after said election, and consolidating the returns in the same manner and with the same restrictions as is hereinbefore provided for the election to be held in June. Managers of election to meet at C H day after election and consolidate returns according to law. If a maj. in favor of removal. 2d election to be held 1st Wednesday in Aug. 1858. Those in favor of removal to designate the place, and those opposed to removal to vote for present location, Place having maj. to be the new co. site. 3. Sec. III. And be it further enacted by the authority aforesaid, That Mark A. Cooper, Samuel F. Stephens, John Smith, sr., Elisha King and James A. Maddox, be and they are hereby appointed Commissioners, and that they or a majority of them, shall establish a county site at such place as shall be declared, by the managers of said last election to have received a majority of all the votes polled, and shall, within ninety days, proceed to the erection thereon, a good and suitable Court House and Jail, to be in all respects equal to the present buildings of said county. Provided, that no part of the county funds shall ever be used to pay for said Court House and Jail, and that the people of said county shall not be taxed to pay for the same. Result to be ascertained as in first Names of commisn'rs to establish county site. To proceed within 90 days to erect public buildings to be equal in all respects with present ones Co. funds not to be used nor people taxed to pay for said build'gs 4. Sec. IV. And be it further enacted by the authority aforesaid, That whenever said Commissioners, or a majority of them, shall notify, in writing, the Justices of the Inferior Court of said county, that said new Court House and Jail are finished, it shall be the duty of said Justices, or a majority of them, to examine said new Court House and Jail, and if they are found to be such buildings as the third section of this Act contemplates, said Justices shall immediately notify, in writing, the Clerks of the Superior and Inferior Courts, Sheriff and Ordinary of said county thereof, and require them to transfer all the books, papers and records belonging to said county, to said new Court House, and the prisoners in the present Jail and prison bounds, if any, to said new Jail and the new prison bounds that shall be first laid off according to law, and from and after the expiration of ten days after said notice is served by said Justices or the officers aforesaid, a copy of which notice shall be filed with the Clerk of the Superior Court. Said new county site shall be the permanent county site of the county of Cass, and all business now required by law to be done at Cassville in said county shall, from and after that time, be done at said new county site; provided all the other provisions of this Act have been complied with. Jus. of Infr. Cl. when notified by coms. of the comple'n of the biuld gs to examine them and if found to be such as is equired by 3d sec. of [Illegible Text] is Act, they are to notify in writing the [Illegible Text] etc of Cass co. to transfer books etc., etc., prisoners to new court house. Ten days after notice served new [Illegible Text] site to be the permanant one. Copy of notice to be filed with Clk of Supr. Court. And whereas great injury would be done the owners of property in the corporate limits of the town of Cassville, in the event of a removal of the county site, in the depreciation of said property, for which justice demands that they should receive compensation, therefore: Value of property would be depreciated in Cassville by removal.

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5. Sec. V. Be it further enacted by the authority aforesaid, That should a majority of the voters of the county, vote in favor of a new location for the county site of said county, and it should be removed from Cassville, then and in that event, the owners of town property within the limits of the corporation of said town of Cassville, shall be fully paid for all damages they may sustain in consequence of the removal of the county site from said town. Owners of town prop'[UNK]y in Cassville to be paid for all damages occasioned by removal of co. site. 6. Sec. VI. Be it [Illegible Text] enacted by the authority aforesaid, That John P. Eve and George S. Black, of the county of Floyd, Henry McConnell and George J. Fain of the county of Gordon, and Andrew J. Hansell of the county of Cobb, be and they are hereby appointed Commissioners, and they or a majority of them, are authorized and required, as soon as they are notified of the selection of a new county site for Cass county, to meet at Cassville, and assess the damages sustained, by the owners of town property within the corporate limits of said town, in consequence of the removal of said county site, and shall furnish a certificate of the damages assessed, to each owner of property entitled thereto, and report the same to the Justices of the Inferior Court of said county, and said certificates shall bear legal interest until paid and redeemed by the Inferior Court of said county, in money, and shall be paid before the county site of said county shall be removed from Cassville, and that said Inferior Court is hereby authorized and required to levy and have collected by the Tax Collector of said county, an amount upon the State Tax, sufficient to redeem said certificates of assessment. Provided that no person entitled to damages under the provisions of this Act, shall be taxed to pay any part of said damages, And provided further, that should said Commissioners, or any of them, fail or refuse to serve, the Justices of the Inferior Court of Cass county are hereby authorized and required, on being notified thereof, to appoint some fit and proper person, residing out of said county, to fill their place, and said Commissioners, before entering upon their duties, shall be sworn faithfully to perform the duties assigned them, and shall receive as a compensation for their services, to be paid out of the county treasury of Cass county, as soon as the service is performed, the sum of five dollars for each days service. Commis'rs appointed to assess the damag's sustained by owners of property in Cassville. Com'isnrs to furnish certificates of damages assessed to each owner of property. report the same to the Jus. of the Infr Ct., certificates to bear int. till paid. Certificates to be rede'med before co. site remov'd Infr. Ct. to levy a tax to redeem them No person entitled to damages under this Act to be taxed to pay said damages. If any commis'nr fail or refuse to serve, the Infe'r Ct is to fill vacancy with some person residing out of Cass county. Commis'nrs to be sworn. And whereas the continued agitation of the question of the removal of the county site of said county of Cass is productive of strife and dissention among the people, and great injury to Cassville, and the Colleges there erected; and whereas the peace and quiet of that community, the interest of education, and justice to the people of Cassville, alike demand that this strife and dissention should cease, and the question of the removal of said county site (be?) settled, therefore: To be paid $5 a day for their servic's The agita. of the quest'n of removal injurious. 7. Sec. VII. Be it enacted by the authority aforesaid, That should the county site of said county of Cass fail to be removed under the provisions of this Act, by the first day of Jannary, 1860, then and in that event, the citizens of Cassville and the Trustees of said Colleges, may proceed with the improvement of their property and town, and the endowment of said Colleges, under the pledge of

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the State, which is hereby given, that the county site of said county of Cass shall not thereafter be removed from Cassville, without the owners of property within the corporate limits of said town, being first paid the full value of their property, and those owning real property adjoining the corporate limits of said town, all damage they may sustain in consequence of said removal, to be paid by taxing the people of the county, but those who are entitled to payment for property in said town, and for damages for the injury done their property adjoining said town, shall not be taxed to pay any part of the same, and that the removal of said county site shall not take place then, unless two-thirds of the voters of said county shall be in favor of removing said county site. If co. site of Cass be not removed by Jan. 1st 1860. The State pledges itself that it shall not be removed thereafter. Without the owners of property in Cassville being first paid the full value of their property. And the owners of real property adjoining all damages the same to be paid by taxing the people, except those for whom the tax is levied. And then there shall be no removal but by a [frac23] vote in favor of it. 8. Sec. VIII. (Repeals conflicting laws.) Approved 24th November, 1857. REMOVAL OF THE COUNTY SITE OF MONTGOMERY COUNTY. Sec. 9. Election, notice, tickets. Sec. 10. Justices of Inferior Court to procure location for county site, town lots, notice of sale. Sec. 11. County site to remain at Mt. Vernon until new court house is done, old buildings etc. Sec. 12. Repealing clause. (No. 249.) An Act to submit the question of the removal of the county site of Montgomery county to the voters of said county, and for carrying out the will of the majority. 9. Section I. Be it enacted, That the Justices of the Inferior Court of Montgomery county, or a majority of them, are hereby required, by giving due notice at least twenty days before said election, to have opened at the Court House and several precincts in said county, a poll or election, to ascertain whether a majority of said voters desire the removal of the county site from Mount Vernon, the voters endorsing on their tickets removal, or no removal. Infr. court of Mont. co. to hold election for removal of co. site of said co. 20 days notice. Tickets to be endorsed removal or no removal. 10. Sec. II. And be it further enacted by the authority aforesaid, That should a majority of said voters vote removal, then the Justices of the Inferior Court, or a majority of them, shall procure some suitable place as near the centre of said county as practicable, where at least ten acres of land can be obtained on the best terms, for the location of the county site, and shall cause the same to be laid off in town lots, and sold at public outcry, on the ground, to the highest bidders, after having first given at least sixty days notice of said sale in two or more of the public gazettes of this State, retaining at least two acres for public use, and after the sale of said lots the Justices of the Inferior Court shall provide for the erection of public buildings in such manner as they, or a majority of them, shall think proper. Justices of infr. court to procure 10 acres for new co. site. Town lots. Sale upon 60 days notice. Public buildings. 11. Sec. III. And be it further enacted by the authority aforesaid, That the county site shall continue at Mount Vernon until a Court House shall have been built on the new site, and ready for

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use, and no longer; and it shall then be the duty of the Justices of the Inferior Court, after giving twenty days notice thereof, to sell to the highest bidder all the public property of said county being in Mount Vernon. Co. site to continue at Mt. Vernon until new C. H. is built. Old buildi'gs to be sold. 12. Sec. IV. (Repeals conflicting laws.) Assented to December 21st, 1857. TITLE XI. EXECUTORS, ADMINISTRATORS, ORDINARIES, c. (ALPHABETICALLY ARRANGED AS TO COUNTIES.) No. 250. Coweta and Muscogee; Executors of Wm. B. W. Dent, decd, authorized to sell at private sale, the lands belonging to the estate of deceased. Provisions of this Act extended to Robt. M. Gunby, of Muscogee county, adm'r of [Illegible Text] T. Bethune dec'd, late of Chattahoochee county. No. 251. Dougherty; Probate of Will of Felix G. Edwards, dec'd, by Ordinary of Dougherty county, etc., made valid in regard to jurisdiction. No. 252. Greene; Administrators of James H. McHenry, dec'd, authorized to purchase a farm on which to work the slaves of said estate, etc., etc., for benefit of the widow and minors. No. 253 Houston; Executor of Andrew J. Colson, dec'd, authorized to buy the interest of Sarah H. hea, in estate of deceased; subject to the approval of the Ordinary of Houston county. No. 254. Macon; Letters testamentary allowed to be grante to Noah Felton, a citizen of Alabama, upon the estate of John R. [Illegible Text] late of Macon co., Ga., dec'd. No. 255. Miller; Ordinary required to keep his office open only two days, Monday and Thursday of each week. No. 256. [Illegible Text]; James Clarke, adm'r of Joseph White, dec'd. authorized to sell, at private sale, [Illegible Text] slaves of the estate, with the advice and consent of the Ordinary of [Illegible Text] county. No. 257. Thomas, Muscogee, Clarke and Greene; A public administrator to be elected in, and commissioned by the Ordinary of each of said counties. Time of first election. 1st Monday in January, 1858. Term of office, 4 years. Vacancies to be filled by Ordinary, till next regular election. No. 258. Upson; Ordinary to grant administration on the undivided estate of Allen McWalker, late of Upson county, dec'd, to John L. Woodward, without security. COWETA AND MUSCOGEE. (No. 250.) An Act to authorize Joseph E. Den' and John T. Dent, Executors of the last Will and Testament of William B. W. Dent, deceased, to sell the lands belonging to the estate of William B. W. Dent, deceased, at private sale, and to make valid conveyances for the same; and also to extend the provisions of the said Act to Robert M. Gunby, of Muscogee county, Administrator of Benjamin T. Bethune, deceased, late of Chattahoochee county. Whereas, Joseph E. Dent and John T. Dent, executors of the last will and testament of William B. W. Dent, deceased, have obtained an order of the Court of Ordinary of Coweta county, authorizing them to sell the lands belonging to the estate of said William B. W. Dent; and whereas, said lands are very much scattered, and the

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public sale of said lands will be attended with great expense to said estate, for remedy whereof: [Illegible Text] Section I. Be it enacted, That Joseph E. Dent and John T. Dent, as executors of the last will and testament of William B. W. Dent, deceased, be and they are hereby authorized and empowered to sell at private sale, the lands belonging to the estate of said William B. W. Dent, deceased, and to make deeds, as said executors, to the purchasers at private sale, to said lands so sold and purchased; and said deeds shall vest the title to said lands in the purchasers thereof, in as full and ample manner as if said lands were sold by said executors in the manner now prescribed by law. [Illegible Text] of W. B. W. Dent, dec'd, authorized to sell lands of the estate at private sale. And be it further enacted, That Robert M. Gunby, of Muscogee county, administrator on the estate of Benjamin T. Bethune, deceased, late of Chattahoochee county, be and he is hereby authorized to exercise like powers, in the disposition of his said intestate's estate. R. M. Gunby adm'r of B. T. Bethune, vested with like powers. Assented to December 18th, 1857. DOUGHERTY. (No. 251.) An Act to legalize to the intent therein specified, the probate of the will of Felix G. Edwards, deceased, and the grant of Administration with said will annexed, by the Ordinary of Dougherty county. Whereas, the will of Felix G. Edwards, deceased, has been admitted to probate upon a certified copy thereof, and letters of administration, with the will annexed, granted to Mrs. Eliza Edwards, by the ordinary of Dougherty county, and whereas, a conflict of jurisdiction touching said probate and grant of administration has arisen between the Ordinary of Elbert and the Ordinary of Dougherty county, and it being important to the interests of said estate, that said conflict of jurisdiction shall be settled: Preamble. Section I. Be it enacted, That the probate of the will of Felix G. Edwards, deceased, by the Ordinary of Dougherty county, and the grant of administration with the will annexed, by said Ordinary, to Mrs. Eliza Edwards, be and the same is hereby declared legal and valid, so far as jurisdiction is concerned. Probate of will of F. G. Edwards, Administrati'n leg'liz'd. Approved December 16th, 1857.

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GREENE. [No. 252.] An Act to authorize John G. McHenry and Thomas N. Poullain, Administrators on the estate of James H. McHenry, deceased, lats of Greene county, to purchase a farm and stock the same, and work the slaves belonging to said estate thereon, to carry on the same, and for other purposes. Section I. Be it enacted, That John G. McHenry and Thomas N. Poullain, administrators on the estate of James H. McHenry, deceased, late of Greene county, be and they are hereby authorized and fully empowered, as such administrators, to purchase a farm on which to keep and work the slaves belonging to said estate; also, as such administrators, to purchase and contract for provisions, stock, and all necessary utensils for carrying on said farm, and a superintendent for the same; also, to employ all the slaves on said farm for the purposes of carrying on the same for the benefit, use, advantage and support of the widow of said deceased and her two minor children, and to perform all other acts and things necessary to be done for the benefit, advantage and maintenance of said widow and orphans during her widowhood and their minority, in protecting, increasing and expanding said estate, for the benefit of said widow and minors. Adm'rs of J. H. McHenry empowered to purchase farm, etc. And work slaves of estate on it. Support widow, etc. Sec. II. [Repeals conflicting laws.] Assented to 22d December, 1857. HOUSTON. [No. 253.] An Act authorizing Joseph Tooke, Executor of Andrew J. Colson, late of Houston county, to purchase the interest of said Andrew J. Colson in his estate. Section I. Be it enacted, That Joseph Tooke, executor of the last will and testament of Andrew J. Colson, late of Houston county, deceased, be and he is hereby authorized to purchase the interest of Sarah H. Shea, wife of W. D. Shea, formerly Sarah H. Colson, widow of Andrew J. Colson, in said estate, for the benefit of the other legatees; provided said purchase shall be approved by the Ordinary of Houston county. J. Tooke, as ex'r, empowered to make certain purchase. Sec. II. [Repeals conflicting laws.] Assented to 22d December, 1857.

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MACON. (No. 254.) An Act to authorize the Court of Ordinary of Macon county to grant letters testamentary upon the estate of John R. Felton, deceased, to Noah Felton of the State of Alabama, and authorize said Noah Felton to qualify and act as an Executor of the will and testament of said John R. Felton, deceased. Whereas, John R. Felton, late of macon county, deceased, by his last will and testament, appointed Noah Felton of the State of Alabama as one of the executors of his said will; [Illegible Text] And whereas, by the existing laws of this State, the said Noah Felton is precluded from acting as such executor: Section I. Therefore, be it enacted, That the Court of Ordinary of Macon county be, and it is hereby authorized to grant letters testamentary upon the estate of said John R. Felton, deceased, to the said Noah Felton. Court of Ordinary of; Macon co. authorized to issue letters testamentary upon the estate of Jno. R. Felton, dec'd to Noah Felton of Ala. Sec. II. Be it further enacted, That the said Noah Felton be, and is hereby authorized to qualify and act as an executor of the last will and testament of said John R. Felton, deceased, in the same manner and in all respects, as if he was a citizen of this State, any and all laws to the contrary notwithstanding. Said Noah; Felton to qualify and act as if a citizen of this State. Assented to December 15th, 1857. MILLER. (No. 255.) An Act to regulate the Courts of Ordinary of this State, so far as relates to the county of Miller, Whereas, by an Act of the General Assembly, assented to January 21st, 1852, * * REF. NOTE.See Acts of 1851-2, p. 94, sec. 7. the Ordinaries of this State are required to keep their offices open at all times Sunday only excepted:) Preamble. Section I. Be it enacted, That from and immediately after the passage of this Act, the Ordinaries of the county of Miller, be required to keep his office open two days in each week, to wit: Mondays and Thursdays, this Act only extends to the county of Miller. Provided, nothing in this Act shall prevent the Ordinary of said county from transacting the common business of said office as now practiced in this State. Ordinary of Miller co. required to keep open his office on Mondays and Thursdays. Common business may be done at any time. Assented to 18th December, 1857.

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STEWART. (No. 256.) An Act to authorize James Clarke, administrator of the estate of Joseph White, deceased, to sell certain slaves therein named at private sale. Whereas, the embarrassed condition of the estate of Joseph White, requires that the man Henry (a gin-maker by trade) and his mother, should be sold to the best advantage, and circumstances rendering a public administrator's sale of said slaves at a fair price impracticable: Preamble. Section I. Be it therefore enacted, That James Clarke, administrator of the estate of Joseph White, late of Stewart county, deceased, shall have full power and authority to sell the above mentioned slaves, Henry and his mother at private sale, for such price as the said administrator, with the advice and consent of the Ordinary of said county, shall consider a fair value for the same, the said administrator making his return of such sale to the Ordinary aforesaid, as in the case of administrator's sale. Jas. Clarke adm'r of Joseph White, dec'd. empowered to sell 2 slaves at private sale. To make returns thereof to the Ordinary. Sec. II. (Repeals conflicting laws.) Approved December 13th, 1857. THOMAS, MUCOGEE, CLARKE AND GREENE. (No. 257.) An Act to provide for the election of a public administrator for the counties of Thomas, Muscogee, Clarke, and Greene. Section I. The General Assembly do enact, That on the first Monday in January next, and on the first Monday in January every four years thereafter, a public administrator shall be elected by the legal voters of Thomas, Muscogee, Clarke and Greene counties, and commissioned by the Ordinary, whose duty it shall be to take charge of all estates in said counties which now are, or may hereafter be unrepresented and who shall give bond and security to be approved by the Ordinary of said counties, for the faithful performance of his duties on each estate which may come into his hands, and said administrator, so elected, shall be subject to all the laws now in force in this State, in relation to administrators and guardians, and at the expiration of his term of office, turn over all the estates in his hands to his successor. Public adm'r to be elected for certain cas. on 1st Monday in Jan. annually. Duties. Subject to established laws. To turn over estate to successors. Sec. II. And be it further enacted, That whenever any vacancy shall occur, by death, or otherwise, the same may be filled by the Ordinary of said county, and the administrator so appointed to fill said vacancy, shall hold his office till the next regular election thereafter. Vacancy fill. ed by Ord'ny Assented to December 22d, 1857.

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UPSON. (No. 258.) An Act to authorize the Ordinary of Upson county to grant letters of administration on the undivided estate of Allen McWalker, late of said county, deceased, on certain conditions. Section I. Be it enacted, That inasmuch as Allen McWalker, late of Upson county, died in the year one thousand eight hundred and forty-nine, committing by nuncupative will the charge of his children and property to Nathaniel F. Walker, his brother, and Jessy L. Owen his brother-in-law, and inasmuch as said nuncupative will does not convey the land of said Allen, and said Jessy L. has departed this life, after proving and recording said nuncupative will, and taking charge of the children and personal property of said Allen, and the said Nathaniel F. was subsequently qualified and took charge of said personal property, and for as much as no person has yet applied for administration on the undivided estate of said Allen McWalker, on account of the amount of security required by law, and the said Nathaniel F. and the heirs at law, consenting hereto: Preamble. Be it enacted as aforesaid, That the Ordinary of Upson county, is hereby authorized and required to grant letters of administration on the undivided estate of Allen McWalker, deceased, late of Upson county, to John L. Woodward, Junior, the son-in-law of said Allen, without requiring the security now made necessary to be given by law, any law or usage to the contrary notwithstanding. Ordinary of Upson co. to grant letters of administration to J. L. Wood ward with out giving the usual security. Sec. II. And be it further enacted, by the authority aforesaid, That said John L. Woodward, Junior, in his said administration be subject to all the rules and regulations of the Ordinary usual in cases of administration on estates, and that said Ordinary have full and complete power to investigate by rule the whole proceedings of said John L. in his administration at any and all times, and for the safety of said estate, to apply all laws now of force to make estates secure in the hands of administrators, in the case of said John L. in the administration aforesaid; provided, he give bond and security in double the sum of the debt due from the estate. J. L. Wood ward subject to the rule and control of Ordinary. Bond. Assented to December 22d, 1857.

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TITLE XII. GRANTS. Sec. 1. Grants to certain lots of land to issue to T. E. Butts upon certain conditions. Sec. 2. R. Thomassy to use certain [Illegible Text] on Tybee Island, may bequeath [Illegible Text]. Sec. 3. May purchase, etc., real [Illegible Text] [No. 259.] An Act to authorize Tullulah Ellen Butts to apply for and receive grants to lot twenty-seven, 27 lying in the tenth (10) district of the first section of Ware county, and lot (48) in said district and section, in said county, each containing four hundred and ninety (490) acres, upon her paying up in full the unpaid purchase money due thereon with interest, and the grant fees for the same. Whereas, Mansfield Torrence did on the 4th of November, 1851, purchase at public sale, under an Act of the Legislature of this State authorizing a survey and sale of certain lands in the county of Ware, and said Mansfield Torrence having, as said purchase, paid the first instalment of the purchase money, and said Mansfield Torrence having received from Elijah Butts, the agent of the State in that behalf, a certificate of said sale and purchase, and said Mansfield Torrence having assigned and transferred said certificates and all interest to said two lots of land, thereby respectively conveyed to James R. Butts, and said James R. Butts, for value received, also assigned and transferred to the said Tullulah Ellen Butts the said two certificates, she being now ready to pay the balance of the purchase money due thereon with interest and the grant fees; all of which facts are now shown by the accompanying certificates: [Illegible Text] 1. Section I. Be it enacted, That from and after the passage of this Act, the said Tullulah Ellen Butts shall, upon full payment of the principal and interest, into the Treasury of this State, due on the certificates of sale of the lots of land described in the preamble to this Act, and upon the full payment of the grant fees, be entitled to grants respectively for said two lots of land, and that the grants do issue to her and in her name, upon such full payment upon application to the proper officers for that purpose. [Illegible Text] for certain lots to issue to T. E. [Illegible Text] upon certain conditions, Assented to December 22d, 1857.

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(No. 260.) An Act to grant to Raymond Thomassy the use of all the land on Tybee Island, belonging to the State of Georgia, on certain conditions, and to allow him to own and transfer real estate. 2. Section I. Be it enacted, That Raymond Thomassy is hereby authorized to use and occupy all the land on Tybee Island, in the county of Chatham in this State, belonging to the State of Georgia, for the purpose of constructing and carrying into operation Salt Works, for the manufacture of Salt, from sea-brine, as long as used for said Salt works, and no longer. And the said Raymond Thomassy shall have power to transfer the said land or bequeath the same for the purpose hereinafter [hereinbefore?] mentioned. R. [Illegible Text] to use State lands on [Illegible Text] Island for salt works. He may [Illegible Text] said land to be used for same purpose. 3. Sec. II. And be it further enacted, That the said Raymond Thomassy, who is an alien, shall have the right to purchase and hold in fee simple, and transfer any real estate adjoining said Tybee Island, or in any other portion of the State of Georgia, as if he were a naturalized citizen of the United States, any law or usage to the contrary notwithstanding. Authorized to pure. and hold land [Illegible Text] fee simple. Assented to 22d December, 1857. TITLE XIII. JUSTICES OF THE INFERIOR COURT. Sec. 1. Justices of the Inferior Court of Terrell co. authorized to issue certain bonds. Sec. 2. Repealing clause. (No. 261.) An Act to authorize the Inferior Court of the county of Terrell to issue bonds, borrow money, for the purpose therein mentioned, and for other purposes. 1. Sec. I. The General Assembly of the State of Georgia do enact, That the Inferior Court of the county of Terrell be and they are authorized to issue bonds not exceeding ten thousand dollars, and not to run for more than five years, for the purpose of paying the county subscription of said county for stock in the South-Western Railroad, and that said county be a corporation for the said purposes, and in its corporate capacity be represented by the said Inferior Court. Terrell [Illegible Text]. authorized to [Illegible Text] certain bonds. 2. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857.

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TITLE XIV. JUSTICES OF THE PEACE. Sec. 1. Justices of Peace of 872d district, G. M., may hold court from day to day. Sec. 2. 1005th district, G. M., established, proceedings legalized, proviso. Sec. 3. Repealing clause. Sec. 4. Sec. 3d of Act of Feb. 17th, 1854, amended, fees of Justices of Peace and Constables in Chatham co. Sec. 5. Talesmen upon trial of slave, etc. Sec. 6. Court may continue more than one day. Sec. 7. Repealing clause. Sec. 8. Fees of witnesses in Justices Courts in Catoosa county to be taxed in bill of costs. Sec. 9. Fees of Justice of Peace for answering to certiorari. Sec. 10. Act of Jan. 22d, 1852, extended to Dooly county. Sec. 11. The Augusta district may hold courts two days. Sec. 12. Repealing clause. Sec. 13. Justice court of 1154th district, G. M., when and how long may be held. Sec. 14. Repealing elause. Sec. 15. Accounts how proved in [Illegible Text] [Illegible Text] of Decatur county. Sec. 16. Repealing clause. Sec. 17. Justice court of 655th district, G. M., how long may be held. Sec. 18. Repealing clause. (No. 262.) An Act to give additional powers to the Justices of the Peace of 872 d district, G. M. 1. [Section I.?] Be it enacted, That from and after the passage of this Act, the Justices of the Peace for the 872d district, G. M., shall have the power to hold their Courts from day to day as may be required by the amount of litigation therein, and the best interests of parties litigant in said Court, all laws or parts of laws to the contrary notwithstanding. [Illegible Text]. Peace for 872d dis., G M. authorized to hold over from day to day. Assented to December 16th, 1857. (No. 263.) An Act to re-establish the 1005 th district, G. M., in the county of Decatur, and to legalize the judicial acts thereof. Whereas, the Justices of the Inferior Court of the county of Decatur, in the year 1842, established the 1005th district, G. M., in said county, and omitted to sign the records ordering the same, and that the Justices of the Peace were [Illegible Text] and commissioned in said district, continuously, from 1842 to [Illegible Text], and transacted business until the year 1856, when, to-wit: in the year 1856, a controversy arose as to the legality of the acts of the said Justices of the Peace, in consequence of the omission of the Justices of the Inferior Court to sign the records ordering the same, for remedy whereof: Preamble. 2. Section I. Be it enacted, That from and after the passage of

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this Act, the 1005th district, G. M., be and is hereby established as the said district, and the judicial proceedings which may have been had or may hereafter be had therein, shall be legal and valid. Provided, that nothing herein shall be so construed as to prevent a party, against whom a judgment may have been, or may hereafter be rendered, from right of appeal and usual remedial writs, touching the real merits or justice of the case. 1005th dis., G. M., established. Proceedings legalized. Not to affect right of appeal or other writs. 3. Sec. II. (Repeals conflicting laws.) Assented to December 16th, 1857. (No. 264.) An Act to amend the third section of an Act entitled an Act to repeal an Act entitled an Act to extend the civil jurisdiction of the Justices of the Peace in the city of Savannah, and to compel Justices of the Pe ce [Illegible Text] Constables of the country districts in the county of Chatham to be residents of the districts of which they are elected, [Illegible Text] to 21 st December, 1835 * * See for this Act, Acts of 1835, p. 142. so far as the civil jurisdiction of the Justices of the Peace for the [Illegible Text], second, third and fourth districts, Georgia Militia, in the city of Savannah, are concerned, assented to 17 th February. 1854, See Acts of 1853-'4, p. 325. and also to amend an Act to regulate the trials of slaves and free persons of color within the limits of the city of Savannah, assented to 17 th December, 1847 [Dagger] [Dagger] See Acts of 1817, p. 202. and also an Act to give the Magistra'es within the corporate limits of the city of Savannah, the right to hold their Courts more than one day in each term. 4. Section I. Be it enacted, That from and after the passage of this Act, the third section of the above recited Act shall be altered and amended as follows, to-wit: the Justices of the Peace shall be allowed, in all cases, for drawing a jury and making out the veniri, $1 00; for every witness subp[oelig]na, 31 cents; for issuing notices to Magistrates or for taking examination of defendants, prisoners or witneses, each, 50 cents; for every order to bring up a prisoner or to discharge one from jail, 62 cents; Constables for taking a prisoner to jail, under civil process, $1 25. 3d sec. of act of Feb. 17th, 1854, amended. Fees of the Jus. Peace in [Illegible Text] county. Constables' fees. 5. Sec. II. Be it further enacted by the authority aforesaid, That on the trial of a slave [Illegible Text] person of color, where there is not a sufficient number of jurors of the original panel present, the Constable, by direction of the Justice, shall fill and complete such jury by talesmen, provided there shall be not less than three of the original panel on such jury. Talesmen upon trial of slave, c. 6. Sec. III. Be it further enacted by the authority of the same, That it shall and may be lawful for the Magistrates, within the corporate limits of the city of Savannah, to hold their Courts more than one day in each term, in case their business is such as to require it. Justice may hold court more than 1 day when necessary, 7. Sec. IV. Repeals conflicting laws. Assented to December 16th, 1857.

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No. 265. An Act to compensate witnesses attending Justices Courts in the county of Catoosa and to compensate Justices of the Peace in said county for certain services therein named. 8. Section I. Be it enacted, That from and after the passage of this Act, witnesses attending Justices Courts, under subp[oelig]na, in the county of Catoosa, who are residents of the G. M. districts wherein their services may be required, shall each be allowed seventy-five cents per day for said service, which shall be taxed in the bill of costs of said writ, and paid by the loosing party. Witness' fees in Jus. courts in Catoosa co. 75c each day. To be taxed in bill of costs. 9. Sec. II. And be it further enacted by the authority aforesaid, That from and after the passage of this Act, the Justices of the Peace in the county of Catoosa, shall each be entitled to two dollars for each certiorari answered by them, which shall be taxed by the Clerk in the bill of costs, and paid by the loosing party, and all laws and parts of laws militating against this Act be and the same are hereby repealed. Jus. Peace so have $2 for ans'ering so each certiorari in said county, Assented to December 16th, 1857. No. 266. An Act to amend an Act entitled an Act to amend the several Acts now in force regulating the fees of Magistrates and Constablesin the State of Georgia, so far as relates to the counties of Bibb, Richmond, Monroe and Lee, and to provide for the mode of collecting the same, approved January 22d, 1852. * * See Acts of 1851-'2, p. 443. 10. Section I. Be it enacted, That the provisions of the above recited Act be and the same are hereby extended to the county of Dooly. Act of Jan. 22, 1852. extended to Dooly co. 11. Sec. II. Be it further enacted, That the Magistrates in the district in the city of Augusta, and county of Richmond, be authorized to hold their Courts two days, instead of one, as now authorized by law. Magistrates in Augusta dis may hold their courts 2 days. 12. Sec. III. Repeals conflicting laws. ASSENTED to December 21st, 1857. No. 267. An Act to authorize the Justices of the Peace of the 1154 th district, G. M., of Terrell county, to hold their Court for two days in each month. 13. Section I. The General Assembly of the State of Georgia do enact, That the Justice Court for the 1154th district, G. M., shall,

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and may be held on the fourth Friday and the succeeding Saturday in each month, from and after the first day of January next. [Illegible Text] court of 1154th dis., G. M., after 1st Jan. 1858 may be held on 4th Fri. and succeeding Saturday every month 14. Sec. II. Repeals conflicting laws. Assented to December 22d, 1857. No. 268. An Act to point out the mode and manner in which open accounts shall be proved, so far as relates to the county of Decatur. 15. Section I. The General Assembly of the State of Georgia do enact, That the fifth section of an Act to alter and amend the several Judiciary Acts now in force in this State, relating to Justice Courts, approved December 14th, 1811, is hereby repealed, so far as relates to the county of Decatur, so far as the said section relates to proving and establishing accounts in said Courts. 5th sec. of act of Dec. 14th, 1811, repealed, as to Decatur co., so far as it relates to prov. acc'ts in Jus. courts. And from and after the passage of this Act, any plaintiff or defendant shall be permited to prove and establish his or her accounts, coming within the jurisdiction of said Courts, by making an affidavit of the truth and correctness thereof, before any officer competent to administer the same, which said affidavit shall be deemed, held and taken as sufficient to establish said accounts. Provided, that nothing herein contained shall prevent either party from compelling, under notice now prescribed by law, the adverse party to bring his or her book or books of original entry, or other books into Court for investigation. Parties may prove acc'ts by affidavit before any officer qual. to administer an oath. The opposite party may still compel production of books etc. by giving notice. 16. Sec. II. Repeals conflicting laws. Assented to December 22d, 1857. No. 269. An Act to authorize the Justices Court of the 655 th district, G. M., at La-Grange, to be held for a longer term than one day and to adjourn from day to day. 17. Section I. Be it enacted, That from and after the passage of this Act it shall be lawful for the Justices Court of the 655th district, G. M., at LaGrange, Troup county, Georgia, to be adjourned by order of the Justices thereof, from day to day, at each regular term of the same, provided, the session of said Court shall, in no instance, continue for a longer period than three days. Jus. of 655th dis., G. M., may contin'e court from day to day, not more than 3 days. 18. Sec. II. Repeals conflicting laws. Assented to December 22d, 1857.

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TITLE XV. JURORS, COURTS, C. Sec. 1. Warren and Burke cos. additional panels of jurors to be drawn for, how summoned. Sec. 2. Separate panel to be drawn by Judge for each week of said Courts. Sec. 3. Repealing clause. Sec. 4. Campbell co. jury fees in. Sec. 5. Clerk's and Sheriff's duties in relation to, Sec. 6. Repealing clause. Sec. 7. Dougherty co., four panels of gr. and pet. jurors to be drawn for. Sec. 8. Justices of Infr. Court to draw jurors for next Court. Sec. 9. Heard co., Act of Feb. 17th, 1854, as to, repealed. Sec. 10. Repealing clause. Sec. 11. Murray co., jury fees in. Sec. 12. Certificate of Clerk to juror. Sec. 13. Repealing clause. Sec. 14. Upson and Jasper eos., jury fees in. Sec. 15. Clerk's and Sheriff's duties, as to, plaintiff's liability for costs. Sec. 16. Upon return of nulla bona, execution vs. plaintiff or attorney. Sec. 17. Repealing clause. (For sections 18, 19, 20, 21, 22, 23 and 24, see the seven following onessee also note to number 276.) Sec. 25. Whitfield, Hart, c. cos., jury fees in. Clerk's certificate Sec. 26. Extra tax, to pay the fees. Sec. 27. Jury fees to be collected by Clerk. Sec. 28. Carroll co., jury fees in. Clerk's certificate. Sec. 29. Extra tax, Clerk to collect fees, etc. Sec. 30. Jasper and Stewart cos., jury fees in. Sec. 31. Repealing clause. (No. 270.) An Act to authorize and require the Justices of the Inferior Court of Warren and Burke counties, to draw two panels of jurors from the jury-boxes of said couuties, and for other purposes therein mentioned. 1. Section I. Be it enacted, That the Justices of the Inferior Courts of Warren and Burke counties or a majority of them, at the February and January Terms respectively of said Inferior Courts, in the year eighteen hundred and fifty-eight, shall draw from the jury boxes of said counties the names of thirty-six men to serve as grand jurors and the names of forty-eight men to serve as petit jurors for the second week of the April and May Terms, respectively, of the Superior Courts of said counties and year, who shall be summoned in the same manner as other jurors, and be subjected to the same penalties for non-attendance, as jurors are now by law subject, and when the persons so summoned are empanelled, as jurors, they shall be in all respects legal jurors. Justices of Inf. Courts of Warren and Burke cos. to draw an additional panel of Gr. and Pet. jurors. To be summoned according to law. 2. Sec. II. Be it further enacted, That from and after the passage of this Act, the Judge of the Superior Court of the counties of Warren and Burke, is hereby authorized and required to draw [Illegible Text] panel of grand, and a panel of petit jurors, for each week of Warren and Burke Superior Court, so long as the business of said Court in said counties shall require the sitting of said Count two weeks. Judges of Sup. court to draw a sep. panel for each week of the courts of said cos. 3. Sec. III. (Repeals conflicting laws.) Assented to December 17th, 1857.

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No. 271.) An Act to regulate the collection of Jury Fees in the Superior and Inferior Courts of the county of Campbell. 4. Section I. Be it enacted, c., That from and after the passage of this Act, the plaintiffs and appellants in each civil case, tried in the Superior and Inferior Courts of the county of Campbell, shall not be required, on receiving a verdict or confession of judgment, to pay the jury fee at the time of receiving such verdict or confession of judgment, or at the time of the rendition of the same; but the jury's fees shall be by the Clerk's of said Courts taxed in the bill of costs against the party liable for such costs, and such jury's fee shall be collected along with the other cost of case, and shall be, by the officer collecting the same, paid over to the treasurer of said county of Campbell, and shall be added to and become a part of the funds for the payment of jurors for their services in said Courts. Plffs etc. not to pay jury or confes. fees at time of receiving verdict c. But jury fee taxed with bill of costs and collected as costs. And paid over to T'r when collected. 5. Sec. II. And be it further enacted, That the Clerks of said Courts, and Sheriffs of said county shall keep an account of the jury fees so collected and paid over to the county treasurer, and shall, at the Spring Term of the Superior Court of said county, in each year, submit the same to the grand jury for examination, and shall also, when required, submit the same to the Justices of the Inferior Court of said county. Provided, however, that nothing in the provisions of this Act, shall be so construed as to exempt plaintiff's, appellants, or attorneys, from such eventual liability for costs as they are now liable. Clerks and Shffs to keep acc't of jury fees so paid over. at spring term of court submit the same to gr'd jury. And to Inf'r court when required. 6. Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 272.) An Act to authorize the drawing of additional panels of Grand and Petit Jurors for the Superior Court of Dougherty county. 7. Sec. I. Be it enacted, That the Judge of the Superior Court, of the South-Western Circuit, be and he is hereby authorized to draw four panels of Grand and Petit Jurors, to serve for one week respectively, during the term of four weeks, allowed for holding the Superior Court of the county of Dougherty, according to laws now in force for drawing. Grand and Petit Jurros, any law to the contrary not withstanding. 4 panels of Gr. and Pet. Jurors to be drawn for Dougherty county. 8. Sec. II. Be it further enacted, That any two or more Justices of the Inferior Court of Dougherty county, shall have authority, at any time after the passage of this Act, to meet at the Court House of said county, and draw a sufficient number of Grand and Petit Jurors for the next succeeding term of the Superior Court of said county, to serve in pursuance of the foregoing section of this Act, which Jurors may be summoned at any time before the session of said Court. Justices of Infr. Ct. to draw jurors for next Ct. Assented to December 18th, 1857.

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(No. 273.) An Act to repeal an Act entitled an Act to compensate Petit Jurors in the county of Heard, and provide a fund for the same, approved February 17 th, 1854. * * See Acts of 1853 and '54, p. 480. 9. Sec. I. Be it enacted, That the above recited Act be and the same is hereby repealed. [Illegible Text] co., Act of Feb. 17th. 1855, as so, repealed. 10. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. [No. 274.] An Act to compensate the Grand and Petit Jurors of the county of Murray, and authorize the levying of a tax for the same. 11. Sec. I. The General Assembly of Georgia enacts, That the Jurors, both Grand and Petit, serving in the Superior and Inferior Courts of Murray county, shall be entitled to receive one dollar and fifty cents per day, each, as compensation for their services. Gr. and Pet. Jur's of Murray co. serving in either the Supr or Infr. Cts entitled each to $1 50 per day. 12. Sec. II. And be it further enacted, That all sums received for verdicts, and confessions, shall be paid into the county treasury, by the Clerks of the respective Courts, and shall be set apart as a Jury fund. Moneys received from verdicts and confessions to be paid into the co. Treas'y for Jury funds. 13. Sec. III. That at the end of service of any Juror, for a term, it shall be the duty of the Clerk of the Court, in which he has served, to give him a certificate of the number of days he has served, which shall be a warrant upon the county Treasury, for the amount due on the same. Cl'k to give Juror a certificate of the no. of days he has served, and said certifi. to be a warrant on the Treas'ry 14. Sec. IV. [Repeals conflicting laws.] Assented to December 15th, 1857. [No. 275.] An Act to regulate the collection of Jury fees in the Superior and Inferior Courts of the counties of Upson and Jasper. 14. Sec. I. Be it enacted, c., That from and after the passage of this Act, the plaintiffs and appellants, and plaintiffs' attorneys in each civil case tried in the Superior or Inferior Courts of the counties of Upson and Jasper, shall not be required, on receiving a verdict or confession of judgment, to pay the Jury fee at the time of receiving such verdict or confession of judgment, or at the time of the rendition of the same, nor shall the Clerks of said Courts be required to collect said jury fees, as now required by law; but the jury fees shall be, by the Clerks of said Court, taxed in the bill of costs against the party liable for such cost, and such jury fees shall be collected along with the other cost of such case or cases, and shall

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be, by the officer collecting the same, paid over to the county Treasurer of said county, and shall be added to, and become a part of the funds for the payment of Jurors, for their services in said Courts. Plffs. etc. not required to pay for verdicts etc. at the time of taking them, in Upson Jasper cos. Jury fees to be taxed in bill of costs and collect'd as other cost And paid over to Co. [Illegible Text] part of Jury fund. 15. Sec. II. And be it further enacted, That the Clerks of said Courts, and Sheriffs of said counties shall keep an account of the Jury fees so collected and paid over to the county Treasurer, and shall, at the Spring term of the Superior Court for said counties, in each year, submit the same to the Grand Jury for examination, and shall also, when required, submit the same to the Justices of the Inferior Court of said counties. Provided, however, that nothing in the provisions of this Act shall be so construed as to exempt plaintiffs, appellants or attorneys, from such eventual liability for costs, as they are now by law liable. Cl'ks and Shffs. to keep acc't of Jury fees collect'd and paid over. Acc'ts to be submit'd to Gr. Ju. of Supr, Ct. at spring term. And to Jus's of Infr. Ct. when required. Plffs, may be eventually liable for costs. 16. Sec. III. And be it further enacted, That whenever the Sheriffs of said counties, or their lawful deputies, shall return any fi. fa. on which such Jury fee has not been paid, with the entry of nulla bona thereon, it shall be the duty of the Clerks of said Courts, immediately to issue execution for the costs on the same, against the plaintiff or attorney, who may be, by law, liable for such costs. Upon return of nulla bona execut'n to issue vs. plff. or his attorney. 17. Sec. IV. [Repeals conflicting laws.] Assented to December 22d, 1857. [No. 276.] For this Act, containing sections 18, 19, 20, 21, 22, 23, 24 of this title, see the next one, No. 277, which is the same throughout with this, except the caption, which mentions the names of the counties, and this does not. No. 276 was assented to December 16th, 1857. [No. 277.] An Act to compensate the Grand and Petit Jurors of the counties of Whitfield, Hart, Fannin, Dougherty, Chattahoochee, Thomas, and Sumter, and also to compensate the Petit Jurors of Carroll, Jasper and Stewart counties, and to authorize and require the Justices of the Inferior Courts of said counties to levy an extra tax for the same. 25. Sec. I. Be it enacted, That from and after the passage of this Act, the several citizens of the counties herein named, who shall be summoned to attend the several Superior and Inferior Courts of the said counties, as Grand and Petit Jurors, and who shall attend the said Courts and be sworn as such, shall each be entitled to receive from the Treasurer of said counties, the sum of one dollar per day for each and every day on which said service shall be given, upon the certificate of the Clerk of the Superior or Inferior Courts, as the case may be, of said service, which certificate shall become a warrant for the sum allowed, and a voucher to the county Treasurer for the same. Jur's to ha'e $1 for each day of Jury service in certain counties. Cl'ks certificate. To be warrant and voucher.

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26. Sec. II. Be it further enacted, That the Justices of the Inferior Court of said counties, be and they are hereby authorized and required to levy an extra and additional tax, sufficient for the purpose of paying said Grand and Petit Jurors as aforesaid. Justs. of Infr Ct. to levy an exrra tax to pay Jury fees. 27. Sec. III. Be it further enacted, That all Jury fees now allowed by law, be collected by the Clerks of the Superior and Inferior Courts, of said counties, and by them paid to the county Treasurer of said counties, and become a part of the Jury fund. Jury fees to be collected by Cl'ks and paid over to Tr. for Jury fund. 28. Sec. IV. Be it further enacted, That the Petit Jurors of the county of Carroll, shall each be entitled to receive from the Treasurer of said county, one dollar per day for each day they may serve as Jurors in the Superior or Inferior Courts of said county. Provided, each Juror shall have the certificate of the Clerk of said Superior or Inferior Courts, certifying to the number of days each Juror has served at that term of the Court, which certificate shall be a warrant for the sum allowed, and a voucher to the Treasurer, for paying the same. Pet. Jur's of Carroll co. to have $1 ea'h per day for Jury service. [Illegible Text] certifi. a warrant voucher. 29. Sec. V. Be it further enacted, That the Inferior Court of said county, be and they are hereby authorized and required to levy an extra tax, sufficient to pay the Jurors, as contemplated by this Act, and that the Clerks of the Superior and Inferior Courts of said counties, be required to collect all fees now paid to Jurors on confession or verdicts, and pay the same to the county Treasurer which shall become a part of the Jury funds, Infr, court of Carroll co. to levy an ext'a tax. Cl'ks to collect Jury fees and pay into the Treas'y. 30. Sec. VI. Be it further enacted, That the Petit Jurors of Jasper and Stewart counties, receive from the Treasurer of said counties, one dollar and fifty cents per day, instead of one dollar per day. Pet. Jur's of Jasper and Siewart cos. to receive $1 50 cts. per day. 31. Sec. VII. [Repeals conflicting laws.] Assented to December 22d, 1857.

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TITLE XVI. LOTTERIES. Sec. 1. Ft. Gaines Aca'y Lottery, additional commisioners for, commissioners, powers of, proviso. Sec. 2. Act of Dec. 26th, 1831, re-enacted, Trustees. Sec. 3. Power to sue, compensation for individual expenditures. Sec. 4. Suits against certain persons, discovery. Sec. 5. Suits, how brought, judgments, how enforced, injunctions, costs, etc., charter, when to be void. Sec. 6. Repealing clause. (No. 278) An Act to add additional Managers to the Fort Gaines Academy Lottery, to amend and continue in force an Act entitled an Act to remove the undisbursed funds of Smithville Academy, in Clay county, to the town of Fort Gaines in said county, approved 26 th December, 1831, conferring on the Trustees certain powers, and for other purposes therein mentioned. 1. Sec. I. Be it enacted, That from and immediately after the passage of this Act, that Geo. H. Tuttle, Christopher C. Greene, John West and Geo. B. Wardlaw, of the county of Clay, be and they are hereby added as commissioners to the Fort Gaines Academy Lottery, who, with James Buchanan, of the county of Early, shall constitute the commissioners, and that said commissioners, a majority of whom shall act in all cases, shall have conferred upon them all the rights, immunities and privileges of said act, provided said commissioners shall surrender said charter, so soon as the provisions of said Act are fulfilled. Additional commis'nrs to Ft. Gaines Academy Lottery. Commis'nrs, Powers etc. Proviso. 2. Sec. II. And be it further enacted, That the above recited Act appointing Trustees for the Fort Gaines Academy, be continued in force, and that James McRea, Lewis Paulin, Richard J. F. Grist, James E. Brown and Benjamin F. Burnett of the county of Clay, be and they are hereby appointed Trustees of said Academy, a majority of whom shall constitute a quorum for the transaction of business, who shall be capable in law and equity of suing and being sued, holding, owning and possessing real and personal estate, for the use only of said Academy. Provided, should any vacancy occur at any time in said Board of Trustees, the same may be filled by the remaining members. Act of 26th Dec. 1831. still of force. Trustees. Quorum Rights etc. Vacancy. 3. Sec. III. Be it further enacted, That the Trustees shall have authority to recover out of any person or persons, by suit at law or in equity, any and all demands heretofore realized by any one or more of the commissioners named in an Act authorizing certain

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commissioners to raise, by lottery, a certain sum for the purpose of building an Academy in the town of Fort Gaines, approved 26th of December, 1831, or out of any other person or persons who may, by themselves or agents, have controlled, managed, conducted or superintended any lottery drawing or drawings under the provisions of said charter, or from any person or persons who may have usurped or otherwise obtained any power to draw under said charter, or who may have drawn under said charter, without competent and proper authority. Provided, that the said new commissioners pay over to James Buchanan and the representatives of the estate of John Dill, the amount that they may have paid out, out of their individual funds. Power to sue. Jas. Buchanan and Rep's of Jno Dill, to be compsated for individ'l expenditur's 4. Sec. IV. Be it further enacted, That the said Trustees shall have power and authority, after the passage of this Act, to commence proceedings in any of the Superior Courts of this State, in any county within this State, against any or all of said parties, between whom there is any privity or understanding, in any county where any one or more of said commissioners, managers, superintendants or conductors, or agents having any interest in and to the schemes, drawings, leases, transfers or otherwise, and all, or as many of said persons as may be made parties defendants, and required to answer in said action as the Trustees may desire to make parties thereto. Suit against certain persons. Discovery. 5. Sec. V. And be it further enacted, That said proceedings shall be by bill or otherwise, as the said Trustees may desire or the pleadings and practice now in force may require, and the said actions shall be conducted and tried, and determined as now by law required, and the judgment of the Courts shall be enforced by execution against the property, or ca. sa. against the body of any one or more of said defendants as may be desired. Provided, should injunction quo warranto be required by the said Trustees or commissioners, they shall not be required to give bond as now required by law, but shall deposit an amount sufficient in the judgment of the Judge of the Superior Court, to cover the costs, and in that event the Judge shall grant such injunctions or other orders as now by law, without said bond. Provided that nothing in this Act contained shall be construed to continue the said charter in force longer than during the life of the said James Buchanan, but upon the death of said James Buchanan, the said charter for a lottery shall determine and become void. Suits, how brought. Judgm'ts, how inforc'd In case an injunction etc be asked, not to give bond. But to pay money into court sufficient to cover cost etc. Charter to become void at death of said James Buchanan. 6. Sec. VI. [Repeals conflicting laws.] Assented to December 22d, 1857.

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TITLE XVII. MILITARY. Sec. 1. Bowden Collegiate Institute, certain arms to be loaned to. Sec. 2. Repealing clause. Sec. 3. The Putnam Rifles incorporated, powers, rights, c., by-laws, officers, courts, penalties. Sec. 4. Members exempt from certain duties, evidence of membership. Sec. 5. Repealing clause. (No. 279.) An Act to authorize his Excellency the Governor of this State to loan the Bowden Collegiate Institute of Carroll county, one hundred stand of arms, and one hundred light cavalry swords, upon the trustees of said institute depositing in the Executive office an approved bond for their return on demand. Whereas, John M. Richardson, a regular graduate of West Point Military Academy, is now engaged as principal of Bowden Collegiate Institute, and proposes to instruct his male pupils in military science, without expense to this State, and for the encouragement of which: [Illegible Text] 1. Section I. The General Assembly of this State, do enact that from and after the passage of this Act, it shall and may be lawful for his Excellency the Governor, to loan the trustees of the Bowden Collegiate Institute, one hundred light percussion muskets and one hundred light cavalry swords, upon said trustees filing in the Executive office, an approved bond for their return in good order on demand. Gov. authorized to loan 100 muskets and 100 swds to Bowden Institute up. on the trustees giving a sufficient bond. 2. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 280.) An Act to incorporate the Putnam Rifles, and to grant them certain powers, and exempt them from the duties therein named. 3. Section I. Be it enacted, That from and after the passage of this Act, the Putnam Rifles, a volunteer militia corps in the town of Eatonton, shall be known by the corporate name of the Putnam Rifles and be vested with corporate powers, with power to sue and be sued, plead and be impleaded in the several Courts of law and equity in this State, to pass all by-laws, rules and regulations necessary 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 to consist of the three commissioned officers of said

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company, not less than two to act, shall be compelled to form and hold a Court of enquiry and Courts martial to try and affix such penalties as may be provided by their by-laws on any member or members violating the same. Putnam Rifles incorporated. Rights, powers, etc. By-laws. Officers. Courts. Penalties. 4. Sec. II. Be it further enacted, That all persons already enrolled or hereafter to be enrolled as members of said corps, shall be exempt from patrol, road or jury duty, their exemptions to continue no longer than membership in said corps, and that a certificate of membership from the commanding officer of said corps shall be sufficient evidence to exempt any member from the before named duties. Members exempt from certain duties. Evidence of membership. 5. Sec III. (Repeals conflicting laws.) Assented to December 21st, 1857. TITLE XVIII. PATROL LAWS. Sec. 1. Franklin co., repeal of Act of Feb. 20th, 1854, as to. Sec. 2. Former laws revived. Sec. 3. Walton, Montgomery and Bryan cos., Act of Feb. 20th, 1854, repealed, asto. Sec. 4. Repealing claus. Sec. 5. Ware co., Act of Feb. 20th, 1854, repealed as to. Sec. 6. Repealing clause. (No. 281.) An Act to amend the Patrol Laws of this State, approved February 20 th, 1854, so far as relates to the county of Franklin. 1. Section I. Be it enacted, That after the passage of this Act, the Act in relation to the patrol laws of this State, approved February 20th, 1854, * * See Acts of 1853-4, p. 101, and Ref. Note. be and the same is hereby repealed so far as relates to the county of Franklin. Act of Feb. 20th, 1854, repealed as to Franklin county. 2. Sec. II. Be it further enacted, That the provisions of this Act, passed the 18th November, 1765, See for this Act and prior Laws on this subject, Cobb's Dig. pages 965, etc. regulating patrols in this State, and all other Acts subsequent to that time, prior to the year 1854, amendatory of this Act, be, and the same are hereby re-enacted and continued in full force, so far as relates to the county of Franklin, and that all laws and parts of laws militating against this Act, be and the same are hereby repealed. Former laws revived as to Franklin co. Assented to December 22d, 1857.

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(No. 282.) An Act to repeal an Act to amend the Patrol Laws of this State, approved February 20 th, 1854, * * See Acts of 1853-4, p. 101, and Ref. Note. so far as relates to the counties of Walton, Montgomery and Bryan. 3. Section I. Be it enacted by the General Assembly of this State, that the Act mentioned in the above caption, be, and the same is hereby repealed, so far as relates to the counties of Walton, Montgomery and Bryan. Act of Feb. 1854, relating to patrols, repealed as to certain counties. 4. Sec. II. (Repeals conflicting laws.) Assented to December 21st, 1857. (No. 283.) An Act to repeal an Act, approved February 20 th, 1854, entitled an Act to amend the Patrol Laws of this State, so far as relates to the county of Ware. 5. Section. I. Be it enacted, That from and after the passage of this Act, an Act, approved February 20th, 1854, * * For Acts amended by this, see Acts of 1829, p. 152, and 157. entitled an Act, to amend the Patrol Laws of this State, be, and the same is hereby repealed, so far as relates to the county of Ware. Act of Feb. 20th, 1854, repealed as to Ware co 6. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. TITLE XIX. PEDDLERS. Sec. 1. Malon Biddell authorized to peddle in Charlton county without license. Sec. 2. Repealing clause. Sec. 3. Mark Rigell and Newton Crocker authorized to peddle in Pataula circuit. Sec. 4. Inferior Court of Worth county to impose a license tax not less than $50 on peddlers, c., in said co. Sec. 5. Repealing clause. (No. 284.) An Act to authorize Malon Biddell, of the county of Charlton to peddle, without paying a tax for the same. 1. Section I. Be it enacted, That from and after the passage of this Act, Malon Biddell, of the county of Charlton, shall be authorized

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to peddle on all kinds of goods, wares and merchandise, without paying a tax for the same. Malon Biddell authorized to peddle in Charlton co. without license. 2. Sec. II. Repeals conflicting laws. Approved December 15th, 1857. (No. 285.) An Act to authorize Mark Rigell, of the county of Terrell, an infirm man, and Newton Crocker, of Stewart county, to peddle without paying for a license, in the several counties now composing the Pataula Judicial Circuit. 3. Section I. Be it enacted, That from and after the passage of this Act, Mark Rigell, of the county of Terrell, an infirm man, and Newton of Crocker, of Stewart county, be and they are hereby authorized to peddle and vend goods, wares and merchandise in the several counties now composing the [Illegible Text] Judicial Circuits, without paying for a license for that purpose, as now required by law, any law, usage or custom to the contrary not withstanding. Mark Rigell and Newton Crocker permitted to ped dle in the Pataula circuit, without paying for a license. Approved December 15th, 1857. (No. 286.) An Act to alter and amend the several Acts in relation to itinerant traders, and to prescribe the mode of obtaining license, so far as relates to the county of Worth. 4. Section I. Be it enacted, That from and immediately after the of this Act, it shall be the duty of the Justices of the Inferior Court of Worth county to require a license tax of not less than fifty dollars, from all peddlers or itinerant traders, to entitle them to trade within the limits of said county of Worth. Inf'r court to impose a license tax of not less than $50 on ped dlers and [Illegible Text] trad's in Worth county. 5. Sec. II. (Repeals conflicting laws.) Assented to December 21st, 1857.

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TITLE XX. PHYSICIANS. [Illegible Text] 1. B. C. Smith, of Elbert, and J. W. Cameron, of Colquitt, authorized to practice medicine and charge for the [Illegible Text]. Sec. 2. W. W. Johnson, of Hancock, authorized to practice medicine and charge for same. Sec. 3. Liable for the usual professional tax. (No. 287.) An Act to authorize Benjamin C. Smith, of the county of Elbert, and John W. Cameron, of the county of Colquitt, to practice medicine in this State, and to charge and collect the usual fees for the same. Whereas, Benjamin C. Smith, of the county of Elbert, has attended two sessions of the [Illegible Text] Medical Institute, Cincinnati, Ohio, and at the time he left failed to get a diploma, for the reason that he had been reading medicine less than three years; and while he has now been reading medicine at least three years, and would, upon application be entitled to a diploma; such application would cost him both time and money, neither of which, being a poor man, is he able to spare: [Illegible Text]. The General Assembly of Georgia do therefore enact as follows: 1. Section I. That Benjamin Clarke Smith, of the county of Elbert, and John W. Cameron, of the county of Colquitt, be and they are hereby authorized to practice medicine in this State, and charge and collect for the same, the usual fees charged and [Illegible Text] by practicing physicians in this State, any law to the contrary notwith standing. B. C. Smith, of Elbert and J. W. Cameron of Colquitt authorized to practice medicine and charge for the same. Assented to December 21st, 1857. (No. 288.) An Act to Authorize W. W. Johnson, of Hancock county, to practice medicine and charge and collect for the same. 2. Section I. The General Assembly do enact that W. W. Johnson is hereby authorized to practice medicine and to charge and collect for the same, in the same manner as though he had graduated in a medical college, or was duly licensed by the legally constituted board of physicians of this State. W. W. Johnson authorized to practice medicine and charge for the same. 3. Sec. II. And be it further enacted, That the persons hereby authorized to practice shall pay the same tax as the regular licensed physicians. Liable for ordinary professional tax Assented to December 22d, 1857.

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TITLE XXI. PILOTS AND PILOTAGE. Sec. 1. Port of [Illegible Text]; Commissioners authorized to make Francis Cardone pilot of same. Sec. 2. Port of St. Marys, Ga., who [Illegible Text] as pilot for, master of vessel who to receive as pilot, proviso, pen a Sec. 3. Repealing clause. (No. 289.) An Act to authorize the Commissioners of Pilotage for the Port of Darien to commission Francis Cardone, a free man of color, as a pilot for said port. 1. Sec. I. Be it enacted, That from and after the passing o this Act, it shall be lawful for the Commissioners of Pilotage for the port of Darien, in the county of McIntosh, and State of Georgia, appointed to regulate the pilotage of vessels to and from said port, to invest Francis Cardone, a free man of color, with such authority to act as pilot, in said port of Darien, as they, or a majority of them, may believe the said Francis Cardone competent to exercise, under the same rules and regulations, and under the same control now governing pilots, under authority from said commissioners, anything in any law to the contrary notwithstanding. [Illegible Text] of pilotage of the port of Darien auth'riz'd to [Illegible Text] F. Cardone, a free man of [Illegible Text], a pilot for said port. Assented to December 21st, 1857. No. 290. An Act for the protection of the pilots of the port of St. Marys, within this State. 2. Section I. Be it enacted, That from and after the passage of this Act, no person shall be entitled or allowed to carry in or out, over the St. Marys bar, or inlet, or river, any ship or vessel bound to or from any port or place in this State, any port in the United States or foreign countries, unless such person is properly nominated, appointed or licensed by the board of commissioners of pilotage of St. Marys, nor shall any person, master or commander of any ship or vessel bound to or from any port or place in this State, or to other ports in the United States or foreign countries, over the St. Marys bar, river or inlet, be permitted to receive on board any person acting as pilot, not licensed by the board of commissioners of pilotage of St. Marys, provided a pilot, licensed by said board of commissioners, shall offer his service within three hours from the time of the arrival of such ship or other vessel, off said bar, and any

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person violating the foregoing Act shall be liable to a fine not exceeding one hundred dollars, to be assessed by the said board of commissioners, for each and every such offence. Port of St. Marys, Ga. No person allowed to [Illegible Text] [Illegible Text] vessel over St. Marys bar, c., without license from [Illegible Text]. of pilotage of St. Marys. Nor [Illegible Text] of vessel to receive on board as pilot, a person [Illegible Text] as such. If a licensed pilot shall offer his services within 3 hours after arrival. Penalty for [Illegible Text]. 3. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. TITLE XXII. PRIVILEGES AND EXEMPTIONS. Sec. 1. The Griffin Light Guard; honorary members to pay $10 each, exemption. Sec. 2. Members [Illegible Text] from certain duties, certificate of commanding officer, limited to [Illegible Text]. Sec. 3. Exempt from road and street duty. Sec. 4. Uniform, by-laws, property. Sec. 5. Elections, and certificates thereof. Sec. 6. Board of officers, powers of, [Illegible Text] for fines. Sec. 7. Provisions of Act extended to the Albany Guards and the Sumter Light Guards. Sec. 8. Repealing clause. Sec. 9. Engine Co. of Augusta, No. 5, exempt from certain duties. Sec. 10. Repealing clause. Sec. 11. Thomas H. Kilgo, of Lumpkin co., exempt from certain duties. Sec. 12. Repealing clause. Sec. 13. The Mechanics Fire Co. No. 2, of Atlanta; 60 members of, exempt from certain duties. Sec. 14. Repealing clause. Sec. 15. Citizens of the 995th and 994th districts, G. M., exempt from military duty in time of peace. Sec. 16. Wm. B. Wofford, of Murray co., authorized to build a certain dam, proviso. Sec. 17. Dam when and how removed. Sec. 18. Repealing clause. (No. 291.) An Act to grant certain privileges and powers to the Griffin Light Guard, in the city of Griffin, Spalding county, and other companies herein named. 1. Section I. Be it enacted, That from and after the passage of this Act, it shall be lawful for the Griffin Light Guard to receive twenty honorary members, each of whom shall pay the sum of ten dollars annually into the Treasury of said Company thereafter so long as they continue honorary members thereof, and who shall, during such time, be exempt from ordinary milita duty. The Griffin Light Guard may receive 20 hon mem. Each to pay $10 annually and to be exempt from ord'y militia duty. 2. Sec. II. And be it further enacted, That the members of said Griffin Light Guard shall, whilst belonging to said Company, be exempt and wholly excused from the performance of jury or inquest duty of all kinds, on the certificate of the commanding officer of said Company, that the applicant is a member of said Company, and doing duty therein. Provided, that the said certificates do not exceed eighty in number. Members exempt fr. jury [Illegible Text] inquest [Illegible Text]. Certific'te [Illegible Text] com. [Illegible Text]. Not to [Illegible Text] 80. 3. Sec. III. Be it further enacted, That the members of the Griffin Light Guard are hereby exempted from all road and street duty, so long as they continue members of said company. [Illegible Text] exempt fr. [Illegible Text] and st. duty.

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4. Sec. IV. And be it further enacted, That the members of said company shall be authorized to adopt and change their unifom at pleasure; also to make and put in execution all such by-laws, rules and regulations as they may deem necessary and proper, and to hold such property as may be convenient for the purposes of their organization. May adopt and change uniform. By-laws. Property. 5. Sec. V. And be it further enacted, That it shall be sufficient for the commanding officer, for the time being, of said corps, to superintend and certify all elections of commissioned officers, to the Governor, who shall commission accordingly. Elections certificates thereof. 6. Sec. VI. And be it further enacted, That a board of officers of said company, to consist of not less than three, nor more than five, two of whom shall be commissioned officers, shall be competent to form and hold a court of enquiry, and courts martial, to try and affix such penalties as may be provided by their by-laws and regulations, on any member or members of said company, violating the same; and that the said court may issue executions for the collection of the fine so imposed, and such other legal proceedings, not contrary to the laws now in force in this State. Board of officers to consist of whom Powers of the board. Executions for fines. 7. Sec. VII. And be it further enacted, That the provisions of this Act be and the same are hereby extended to the Albany Guards, a military company of the city of Albany, Georgia, also to the Sumter Light Guards. Provisions of this Act extended to other companies. 8. Sec. VIII. (Repeals conflicting laws.) Assented to December 22d, 1857. No. 292. An Act to exempt from jury and militia duty, members of the Engine company in the city of Augusta, usually known as Augusta, Number Five. 9. Section I. Be it enacted, That members of the Engine company in the city of Augusta, known as Augusta, Number Five, (not exceeding sixty in number), be and they are hereby exempted and released from the discharge of jury duty in any of the Courts held in said city or in the county of Richmond, and from all militia duty in this State, except in case of war, insurrection and invasion, while they are members, and are regular in the performance of their duties as firemen. 60 mems. engine co., Augusta, No 5, exempt frjury and [Illegible Text] duty [Illegible Text] certain [Illegible Text] 10. Sec. II. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. (No. 293.) An Act to exempt Thomas H. Kilgo, of the county of Lumpkin from all road, patrol and military duties, and for other purposes therein mentioned. 11. Section I. Be it enacted, That from and immediately [Illegible Text] the passage of this Act, that Thomas H. Kilgo, of the county [Illegible Text]

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Lumpkin, be and the same is hereby exempt from all road, patrol and military duties in this State. T. H. Kilgo, of Lumpkin co., exempt fr. all road, patrol and mil. duties. 12. [Sec. II.?] (Repeals conflicting laws.) Assented to December 21st, 1857. (No. 294.) An Act to exempt certain members of the Mechanic Fire Company, No. Two, of the city of Atlanta, from certain public duties. 13. Section I. Be it enacted, That from and after the passage of this Act, that sixty members of said company, including the officers thereof, and always being the first sixty, according to number, be and are hereby exempt from militia, street and jury duties, in time of peace. 60 mems: of Mechanic Fire co. No. 2, of Atlanta exempted fr. mil., st., and jury duty. 14. Sec. II. (Repeals conflicting laws.) Assented to December 21st, 1857. (No. 295.) An Act for the relief of the citizens of the 995 th and 994 th districts, Georgia Militia, in this State. Whereas, the citizens in the said districts are put to great inconvenience in attending muster, from the great distant and bad roads they have to travel, therefore: 15. Section I. Be it enacted, That from and immediately after the passage of this Act, the citizens of the 995th and 994th districts, Georgia Militia, in this State, be and they are hereby exempt from any and all military duty, in time of peace, any law usage or custom to the contrary notwithstanding. Citizens of 995 and 994 dis., G. M., exempt from mil. duty in time of peace Assented to December 22d, 1857. (No. 296.) An Act to give certain [Illegible Text] therein mentioned to William B. Wofford, of the county of Murray. 16. Section I. Be it enacted, That from and after the passage of this Act, William B. Wofford, of the county of Murray, be and he is hereby authorized to build and keep up a mill dam across the Conasauga river, on his own land, in said county. Provided, that he keeps up a lock or slope for the free passage of boats, and that said mill dam does not back water over the lands of any other person or persons, to the injury thereof. Provided that a lock or slope sufficient for the free passage of boats and fish be made and kept up by the said William B. Wofford, and his successors. W. B. Wofford of Murray auth'iz'd to build c a mill dam across the Conasauga, on his land. Provided he keeps up a lock or slope for the passage of boats and fish. 17. Sec. II. And be it further enacted, That should the said William B. Wofford and his successors fail or refuse to make and keep up and maintain a lock or slope sufficient for the purposes aforesaid, the Inferior Court of the county of either Whitfield or Murray, shall,

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on the information of any person, on oath or affirmation, issue an order, directed to the Sheriff of either of said counties, directing him to proceed within ten days after the date of said order, and cause said obstructions to be removed, according to the provisions of this Act. Upon failure to keep up said lock c., the dam to be removed by order of Inf'r court 18. Sec. III. (Repeals conflicting laws.) ASSENTED to 22d December, 1857. TITLE XXIII. RIVERS. Sec. 1. Houston, c., obstruction of water courses in, prohibited. Sec. 2. Violation, punishment, by white man not less than $50, by colored person 39 lashes, c. Sec. 3. Repealing clause. Sec. 4. Channels of Altamaha and rivers composing its mouths, to be kept open 120 feet free of obstructions, to its junction with Ocmulgee and channels of Ocmulgee and Oconee to be kept open. Sec. 5. Also the Ochlockney and Little Rivers. Sec. 6. Fine for violation of this Act, how recovered, liable also to indictment, fine, how disposed of. Sec. 7. Certain nets not to be used, misdemeanor, punishment, duty of officer. Sec. 8. Nets above certain size not to be used, penalty for. Sec. 9. Seines, what kind may be used, penalty for. Sec. 10. Savannah river, provisions of Act Feb. 21st, 1850, extended. (No. 297.) An Act to prevent the obstruction of certain Water Courses therein named. 1. Section I. The General Assembly do enact as follows; that from and after the passage of this Act, it shall not be lawful for any person or persons to obstruct either or any of the water courses in the county of Houston, or Big Creek in the counties of Houston and Pulaski, so as to prevent the free passage of Fish up to the sources of said water courses. Obstructions of water courses in Houston etc. so as to prevent the free passage of fish, prohibited. 2. Sec. II. And be it further enacted, That any person or persons, violating the provisions of this Act, or who shall not remove any obstructions which he, she, or they, may have now existing in either of said water courses named in the first section of this Act, if a white person shall be liable to indictment, and on conviction, shall be fined in a sum not less than fifty, nor more than one hundred dollars, and if a slave or colored person may be tried before the Inferior Court where the offence is committed, and on conviction, shall receive thirty-nine lashes on the bare back to be inflicted by the Sheriff or his deputy. Punishment for violations. If by a white man fine not more than $100 nor less than $50. If by a slave or colored person, 39 lashes on his bare back. 3. Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857.

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(No. 298.) An Act to amend the Act approved December 7 th, 1823, and the Act approved December 22 d, 1829. To prevent obstructions to the passage of fish in the Ocmulgee river and its branches, and to extend the provisions of the same to the Altamaha, Oconee, Ochlo kney and Little Rivers. Whereas, experience has shown that the provisions of the above stated Acts have failed to have the effect intended, which was to prevent persons, by nets of any description, or any other obstructions, to stop the passage of fish up the channels of said rivers; and whereas, companies from the Northern States and others, have been in the habit of using drift and other nets in such manner to-wit: stretching said nets from the Eastern bank of said rivers to within forty feet of the Western bank, and a drift and other nets from the Western bank to within forty feet of the Eastern bank of said rivers, thereby effectually preventing the passage of fish, to the great injury of the citizens of Georgia living on said rivers. Preamble. 4. Section I. Be it enacted, That from and immediately after the passage of this Act, that the channel of the Altamaha and several rivers composing its mouths, shall be kept open one hundred and twenty feet in width for the free passage of fish, free from any obstructions whatever, including seines, gill-nets, c., from its said mouth to the junction of the Ocmulgee and Oconee rivers, and that the channel of the Ocmulgee river from its junction with the Oconee river shall be kept open one hundred feet in width, for the passage of fish, free from the said obstructions of seines, gill nets, or any obstructions whatever, from its said junction to the mouth of South river, above the city of Macon, where it empties into the Ocmulgee river: The channel of the Altamaha and the rivers composing its mouth to be kept open 120 feet free of all obstructions. From its mouth to its junction with the Ocmulgee and Oconee. That the channel of the Oconee river shall be kept open one hundred feet in width for the passage of fish, free from any obstructions, including seines, gill-nets, c., from its junction with the Ocmulgee river, to the city of Milledgeville. Channel of the Ocmulgee kept open 100 ft. 5. Sec. II. And be it further enacted, That the provisions of this Act be extended to the Ochlockney and Little rivers. Oconee 100 feet wide. Ochlockney and Little rivers. 6. Sec. III. And be it further enacted by the authority of the same, That all persons violating the provisions of the foregoing section by obstructing the said channels of the Altamaha, Ocmulgee, Oconee, Ochlockney and Little rivers, by seines, gill-nets or other obstructions, shall be subject for each offence, to pay the sum of fifty dollars, to be recovered before any Justice of the Peace within whose jurisdiction said offence shall have been committed, to be commenced in the name of the person giving the information of of the violation of the provisions of this Act; and any person so violating the provisions of this Act, shall also be subject to be indicted for a misdemeanor, before the Superior Court of the county in which the said violation shall have been committed, and on conviction, shall be sentenced for each offence to pay a fine not less than seventy-five dollars, nor more than one hundred dollars, at the

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discretion of the Court. In each or either case of suit or indictment, the one-half of the penalty shall go to the informer, the other to the county wherein the offence is committed. Fine for violating this Act $50. To be recovered before Justice of the Peace. Also subject to indictm't for misdemeanor. Fine from $25 to $100. Half to informer and half to county. 7. Sec. IV. And be it further enacted by the authority aforesaid, That from and after the passage of this Act, no drift nets, wire nets, gill-nets, or float nets as they are usually called, excepting the skim and dip nets which are now used on said Altamaha, Ocmulgee, Oconee, Ochlockney and Little rivers, shall be used on said rivers; any person or persons so using them for the purpose of catching fish or stopping the passage of fish up or down said rivers, shall be guilty of a misdemeanor, and on conviction thereof in the Superior Court of the county in which said offence shall have been committed, shall be fined two hundred and fifty dollars, and if such person or persons so offending shall not be able to pay.said fine, the person or persons so offending, shall be imprisoned in the county Jail, thirty days, and the half of said fine of two hundred and fifty dollars, when collected, shall be paid to the prosecutor, and the other half shall be paid into the county Treasury for county purposes, and it shall be the duty of the officer making the arrest, to seize the nets, boats and all the fishing tackle of the person or persons violating this Act, which said articles shall be sold for the cost c. of the suit or prosecution. Certain kinds of nets not to be used on said rivers. Misdemeanor. Punishment. Imprisoned. Half of fine paid to prosecutor and half to co. treasurer. Duty of officer making the arrest. 8. Sec. V. And be it further enacted by the authority aforesaid, That the skim and dip nets used on said rivers, Altamaha, Ocmulgee, Oconee, Ochlockney, and Little rivers, shall not be more than ten feet in width nor more than fifteen feet in length, and any person or persons using a net longer or wider than the above stated, on said rivers, for the purpose of fishing, shall be subject to the penalties of the third section of this act. Nets above certain size not to be used in said rivers. Penalty as in 3d section 9. Sec. VI. And be it further enacted by the authority aforesaid, That no seine used in the said rivers for the purpose of catching fish, shall be more than forty feet in length, and no two or more seines shall be fastened or hitched together for the purpose of evading this law, and no two or more seines shall be put in said rivers within the distance of four hundred yards of each other on the same day, and any person or persons violating the provisions of this section, shall be subject to the penalties of the third section of this Act. * Seines how large and how used. Penalty as in 3d section. Assented to December 22d, 1857. (No. 299.) An Act to appoint Commissioners to carry into effect the Act assented to February the 21 st, 1850, * * See Acts of 1849-50, p. 357. entitled an Act regulating, and giving the control of the fisheries in Savannah River, from Abercorn Creek to Lightwood-Log Creek in Hart county, with the same privileges heretofore granted to other Commissioners. 10. Section 1. The General Assembly do enact, that the provisions in the above recited Act, be extended from the mouth of Abercorn

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Creek up the Savannah river, to Lightwood-Log Creek in said Hart county, with full powers to enforce the laws heretofore granted, to prevent the hauling of seines or nets from Saturday evening sunset, until Monday morning sunrise, and, from Augusta, to keep open one-third of the main sluice of said river, and to remove all obstructions placed for the obstruction of fish to said Lightwood-Log Creek, and that F. G. Stowers and B. J. Dooly, of the county of Hart, and W. Craft, and James M. Craft, of the county of Elbert, and Wiley Walton and Charles Wallace of the county of Lincoln, and A. J. Avery of Columbia county, be, and they are hereby appointed Commissioners to carry out the before recited Act, as aforesaid. Provided nothing in this Act contained, shall interfere with the privileges of the Augusta Canal Company. Provisions of Act of Feb. 21st, 1850, extended. From Abercorn creek to Lightwood-Log creek. Comm'rs. ASSENTED to December 22d, 1857. TITLE XIV. ROAD LAWS. Sec. 1. Bibb co., Commissioners of Roads for, when must dissent. Sec. 2. Defaulting Commissioner, fine $50. Sec. 3. Repealing clause. Sec. 4. Decatur and Lumpkin cos. pay of overseers of Roads in. Sec. 5. Repealing clause. Sec. 6. Glynn co., Road Laws in changed, defaulting hands fined, to be paid to Inferior Court, how disbursed. Sec. 7. Defaulting Commissioners, fines. Sec. 8. Repealing clause. Sec. 9. Wayne co., Road Comm'rs, 3 for each district, acceptance, resignation, vacancy, meetings of Commissioners, objects, hands how apportioned, overseer, his duty, warners, their duties, resignation, c., list of hands, c., 5 days notice to hands, list of slaves, exemptions, overseer and warner to be fined for neglect, c., fine by whom imposed, fine for not keeping road in repair, overseer to have list of hands, return of defaulters, trial of, executions, constable's duties and fees, penalty for neglect, fine money, how disposed of. Sec. 10. Persons liable to Road duty, penalty. Sec. 11. Roads, when and how often to be worked. Sec. 12. Road, a dividing line between two counties. Sec. 13. When no Commissioners, Justices of Inferior Court may act as such. Sec. 14. Repealing clause. Sec. 15. Worth co., c., roads in. Sec. 16. Repealing clause. (No. 300.) An Act to change the Road Laws of this State, as to the county of Bibb. 1. Section I. Be it enacted, That from and after the passage of this Act, the Inferior Courts of Bibb county shall have the power and authority to appoint Commissioners for Roads who shall serve, unless such Commissioner shall within ten days after notice of his appointment signify his dissent and refusal to act as such Commissioner. Inf. Court of Bibb to appt. comm'rs of Roads, and they must dissent in 10 days or act as such.

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2. Sec. II. Be it enacted by the authority aforesaid, That such Commissioner when so ccepting the office, and failing to perform the duties of Road Commissioner, he shall be subject and liable to a fine of fifty dollars, to be imposed by the Inferior Court of said county, upon five days personal notice to such delinquent. Defaulting comm'rs liable to $50 fine upon 5 days personal notice. 3. Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 301.) An Act to alter and amend the Road Laws of this State, so far as the relates to the counties of Decatur and Lumpkin, and for other purposes. 4. Section I. Be it enacted, That from and after the passage of this Act, any overseer summoning hands subject to Road duty in Decatur and Lumpkin counties, shall receive the sum of ten cents for each hand so summoned by him, which sum shall be paid to him upon his making affidavit of the number of hands so summoned before some officer authorized to administer an oath, and the said affidavit being presented to the Justices of the Inferior Court, they or any three of them shall draw their order on the county Treasurer for the amount that may be due to each of said overseers under this Act. Overseers of Roads in Decatur and Lumpkin cos. to receive sum of ten cents for summoning each hand. Overseer to make affidavit and present it to Inf. Court. 5. Sec. II. (Repeals conflicting laws.) Assented to 16th December, 1857. (No. 302.) An Act to alter and change the Road Laws, so far as relates to the county of Glynn. 6. Section I. Be it enacted, That from and after the passage of this Act, the Road Laws of the said county of Glynn, shall be so altered and changed, as to be as follows: The defaulting hands shall be fined seventy-five cents per day each, for the time they neglect to attend on the road to work the same, and the Commissioners of Roads in the several districts of the said county of Glynn, shall as as soon as said fines are collected, pay over said amounts collected for defaulting hands to the Inferior Court of said county of Glynn, at the first regular term thereafter, to be disbursed by them throughout the county, for the purpose of building and repairing bridges. Road laws of Glynn county changed. Defaulters fined 75 cts, per day. Fines collected to be paid to Inf. Court. To be disbursed for work on bridges. 7. Sec. II. And be it further enacted by the authority aforesaid, That in case the Commissioners fail to pay over the said money collected for default in working the roads to the Inferior Court at the first regular term thereafter, they shall be fined in a sum double the amount so retained or held by them. Comm'rs failing to pay over to be fined in double the am't retained. 8. Sec. III. (Repeals conflicting laws.) Assented to December 16th, 1857.

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(No. 303.) An Act to alter and amend the Road Laws of this State, so far as relates to the county of Wayne. 9. Sec. I. Be it enacted, That the Justices of the Inferior Court for the county of Wayne, at their first term or session, after being informed of the passage of this Act, and annually thereafter, shall proceed to appoint three fit and proper persons, in each Captain's district, as commissioners of the roads in said district, said commissioners shall be respectively notified of their appointment, by the Clerk of the Inferior Court, within ten days thereafter, under a penalty of $10 for each and every default; said commissioners shall be commissioned for one year, and the appointment of overseers and warners by them, shall be for one year, and if any commissioner or commissioners of the public roads appointed under this Act, shall not, within ten days after being notified of such appointment by the Clerk, make his or their resignation in writing, to some one of the Justices of the Inferior Court or the Clerk of the same, such commissioner or commissioners shall be considered as having accepted of such appointment, and in case of the refusal, departure or decease of any or either of such commissioners, the Inferior Court shall have power to fill every such vacancy, and the commissioners so appointed, or a majority of them, shall meet annually at such time and place in their respective districts as they may designate, and then and there proceed to apportion the hands, liable by this Act, to work on public roads, causeways and bridges, who reside in their respective districts, to each of the said public roads leading through or bounding on such districts, in the best and most equitable manner they, the said commissioners, can devise, having respect as much as possible, to the convenience of each individual liable to work on said roads, bridges and causeways, or owning or having possession or charge of hands liable to work thereon. And the said commissioners shall, at such time also appoint one or more fit and proper person or persons as overseer or overseers to each of the public roads within or bounding on such districts as aforesaid, whose duty it shall be to attend and overlook the hands liable to work on the said roads, causeways and bridges, when called out for that purpose; and the said commissioners shall likewise, at such time, appoint one or more fit and proper persons whose duty it shall be, from time to time, when required by the commissioners of their respective districts, to warn and give notice to all such persons liable to work said roads, causeways and bridges within such district, or owning or having possession or charge of hands liable to work thereon, to assemble at such time and place as shall be appointed by said commissioners for the purpose of working such part or section of the public roads as the said hands may be apportioned or allotted to. And if the said warners and overseers do not refuse within five days after notice of their appointment, they shall be taken to have accepted, and liable to the penalties hereinafter annexed,

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in default of their duties, and the person or persons so apportioned to warn or notify as aforesaid, shall be furnished by the commissioners with a list of the persons and hands liable to work, and apportioned to the road on which said owners have been appointed, and of the owners of slaves or persons having charge or possession of slaves liable to work as aforesaid, in order that he or they may be enabled to notify all those concerned, of their respective allotments, and five days notice shall be given said persons so liable, of the time and place of meeting to work said roads; it shall be the duty of said overseers to require of the owners of slaves or persons having the charge or possession of slaves liable to work as aforesaid, a list under oath administered by said overseer, of the number and names of all such slaves, which list he shall return to the overseer on said road, by 10 o'clock on the first day of road working, in consideration of which service, they and each of them shall be exempt and excused from any other labor or service about said roads; but they and each of them shall be subject to be fined for any neglect or refusal to perform the duties enjoined on them by this Act, in a sum not exceeding ten dollars, said fine to be imposed by the commissioners of his district, and the said overseer or overseers of such section of the public roads for which they are respectively appointed, shall personally attend at the times and places directed by the commissioners of their districts for assembling the hands thereto, and proceed to have their respective allotments of said roads, bridges and causeways put in as good state of repairs as the length of time directed by the commissioners to work, will admit of, and in dafault, he or they so offending, shall be fined by the commissioners in a sum not exceeding twenty dollars for each and every such default of duty. And the said overseers shall be respectively furnished by the commissioners, with a list of the persons and hands apportioned to the section or part of the public road for which they are severally appointed; and the said overseers shall make returns on oath, to one of the commissioners of their district, within five days after every time of working on said road, of all defaulters during the time of working the same, and the said commissioners shall, or a majority of them, within thirty days after said return, appoint a day for the trial of said defaulters, and have them summoned by the overseer at least three days before attending said trial; the commissioners shall then and there proceed to hear and determine all such excuse or excuses as may be offered by defaulters, and shall have full power and authority to decide in all cases of default, and to issue executions under their hand and seal, directed to any constable of said county, for the amount of all fines by them imposed under this Act; and it shall be the duty of said constable, to levy and collect such fines in the same way and manner as executions issuing from Justices' Courts, and shall be entitled to the same fees; and when collected, he, the said constable, shall, in all cases, make due returns of all executions placed in his hands by the said commissioners for collection, within thirty days thereafter, and shall at the same time, pay over to said commissioners the whole amount

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he shall have collected on such execution or executions, under the penalty of twenty dollars for every refusal to make such return, and to pay over as aforesaid; and the money collected by fines, shall be paid by the said commissioners, one-half to the owners on the roads from whence the fines have been collected, and the other half be appropriated to the building or repairing of bridges or opening of the roads or causeways in said district, as the said commissioners may deem most to the interest of said district. Jusis of Infr court of Wayne at 1't term after being inf'med of pass'ge of this Act. To app't 3 com's for cap's dist. Com's to be notified by clerk of Infr. ct. within 10 days. Com's for 1 year. Must resign in 10 days or considered as accepting. Vacancy. Ann'l meet. of com's. To appor'n hands. Hav'g reg'd convenience etc. Overseers. Duty of overseer. Warners, their duties. Warn's and overseers must resign in 5 days or they are considered as accepting. List of hands and their appoint'mt furnished warners. Five days notice to be given hands of the time and place. List of slav's to be given under oath. Overseer exempt from other duty on roads. Over. and warn. sub. to fine not exceed'g $10 for neglect of duty. Fine impos'd by com's of district. Duty of Overseer. Fines for default in not keeping road in repair not more than $20. Overseer to have list of hands. Overseer to make return of defaulters Trial of defaulters, 3 days notice. [Illegible Text] to issue executions to recover fines of defaulters Constable's duty. His fees. To make return of exe'n in 30 days. And to pay over am't collect'd under penalty of $20. Fine money, how dispo'd of. 10. Sec. II. Be it further enacted, That every white male inhabitant above the age of eighteen years, and under forty-five years, and every free negro and male slave above sixteen years, and under fifty years of age, within the county aforesaid, shall be and are hereby declared obliged to appear with such implements as are required, and work on the several roads, causeways and bridges, to which they may be severally allotted or appointed by the commissioners under this Act, or such male white inhabitant, free negroes and the owners, managers or employers of such male slaves, shall be liable to the fines and penalties in this Act defined and expressed: every male white inhabitant or free negro who is by this Act, liable to road duty, and who, after being duly notified or warned to meet and work on such part or section of any of the public roads to which he or they shall be assigned or appointed under this Act, shall neglect or refuse to obey such summons or warning, he or they shall, for each day he or they shall refuse or neglect to meet and work as aforesaid, be fined in a sum not less than fifty cents (50 cts) nor more than ($1) one dollar, and for every dav the owner, manager or employer of any male slave or slaves liable to work as aforesaid, shall neglect or refuse to send such slave or slaves to perform such labor, agreeably to the notice given for that purpose, he, she or they shall be subject to a fine, not less than fifty cents nor exceeding one dollar for each slave detained or not sent. Persons liable to work, Penalty for not working. Fine for not working not less than 50 cts. and not more than $1 per day. Master of slave fined the same, 11. Sec. III. And be it further enacted, That the said commissioners so appointed, shall have their respective roads worked at any season of the year, when they require it, and at least twice a year, not less than three or more than five days at a time, nor more than ten days in twelve months, unless emergencies require it, and in case any person owning or having the care, management or possession of any slave or slaves liable by this Act to work on said road, refuse to return to the overseer through the warner, a list as required by this Act, of all such hands, or in case of an erroneous return thereof, he, she or they shall be liable to a fine of $25 for every such default, and the commissioners in default of the duties required of them under this Act, shall be liable to a fine not exceeding fifty dollars, to be imposed by the Inferior Court of said county. Roads to be worked when and how often and how long. Owner of slave refus'g to make return thereof or making false return $25. Com's liable to $50 fine by Infr court 12. Sec. IV. And be it further enacted, That in all cases where a public road is the dividing line between two districts, the commissioners in each district shall confer and settle upon the time and place for assembling the hands apportioned in their districts, to such road, and the warners and overseers of the respective districts, shall

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be notified thereof, who shall proceed and perform their duties as pointed out in this Act. When pub. road is dividing line between 2 cos. 13. Sec. V. And be it further enacted, That should the Inferior Court fail to obtain the services of any persons to act as commissioners in any of the said districts, then the Justices of the Inferior Court may, if they or any one of them choose, act as commissioner or commissioners of the road in said district or districts. Upon failure to obtain com's, [Illegible Text] of Infr. court may act as such. 14. Sec. VI. [Repeals conflicting laws.] Assented to December 22d, 1857. (No. 304.) Act to reduce the work on roads in the counties of Worth, Irwin and Wayne. * * See No. 303, ante. 15. Sec. I. Be it enacted, That from and after the passage of this Act, it shall be the duty of commissioners and overseers of roads in said counties, to have the several public roads in said counties cut out fifteen feet in width, in lieu of twenty, as is now by law directed. Roads in certain cos. to be cut out 15 feet in width instead of 20, as now req'd by law. 16. Sec. II. (Repeals conflicting laws.) Assented to December 15th, 1857. TITLE XXV. HEIRS AND MINORS. ART. I. HEIRS AND MINORS. ART. II. MARITAL RIGHTS. ART. III. SURETIES, EXECUTORS, c. ART. IV. MISCELLANEOUS RELIEF. ARTICLE I. HEIRS AND MINORS. Act No. 305. Half brothers and sisters of Jacob Stroman, deceased. Act No. 306. Martin Hutto, and the heirs, c. of Wm. Cooper, and John C. Sutton. (No. 305.) An Act for the relief of the half brothers and sister of Jacob Stroman, deceased, born of the body of the same mother, and their legal representatives, and to prevent the estate of said Stroman from escheating to the State, under the escheat laws thereof. Whereas, Jacob Stroman, late of the county of Meriwether, in this State, was born out of lawful wedlock, being an illegitimate person, and departed this life in the year 1854, intestate, leaving a considerable estate, both real and personal, which is now in the

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hands of his administrator, in said county, but who left no widow or child, or children or mother, or illegitimate brother or sister, but leaving at the time of his death, several half brothers and a sister, born of the body of the same mother, after her intermarriage with Nicholas Richenbacker; and whereas doubts are entertained whether, by the laws of force in this State at the time of said intestate's death, the said half brothers and sister of said intestate, born of the body of the same mother, after her intermarriage, could inherit his property, and whether the same will not be escheated to the State, which would be contrary to the policy of our people, as declared by the Act of 5th March, 1856, for remedy whereof: Preamble. Section I. Be it enacted, That the estate of the said Jacob Stroman, deceased, shall not be escheated for the benefit of the public, under the escheat laws of this State, but that all the right, title and interest to which the State of Georgia is or may be entitled in and to the property, both real and personal, of the said Jacob Stroman, deceased, under, and by virtue of the escheat laws thereof, is hereby released and relinquished, on the part of the State, and is hereby vested in the half brothers and sister of the said Jacob Stroman, deceased, born of the body of the same mother, and their legal representatives, who shall be entitled to inherit the said property from the said Jacob Stroman and also to receive, sue for and recover the said estate from his administrator for their own use and benefit, and to receipt the said administrator therefor, after the payment of all just debts of the said Stroman, in the same manner as they could have done if the said Jacob Stroman had been a legitimate person, and born in lawful wedlock. Provided, nothing contained in this Act, shall be so construed as to defeat any vested right which any individual corporation, or county, may now have or heretofore acquired in the estate of Jacob Stroman, deceased. Provided further, that the public escheater of said county be allowed to retain a sufficient amount of said estate to pay expenses already incurred by him in securing said property, under the escheat laws, all of which are to be adjudged by the Inferior Court of Merriwether county. The estate of Jacob Stroman, dece'd of Meriwether co. shall not escheat. The interest which the State has in his property, by escheat laws relinquished to his half brothers and sister Just debts first to be paid. This Act not to affect vested rights. Escheator allowed to retain expenses incurred. Sec. II. (Repeals conflicting laws.) Approved December 3d, 1857. (No. 306.) An Act for the relief of Martin Hutto of the county of Calhoun, and the heirs and legal representatives of William Cooper and John C. Sutton. Whereas, the Comptroller General did, on the third day of April, 1857, issue an execution against Charles W. Robey, Collector of taxes for the county of Baker, for the year 1845, and the said Martin Hutto, William Cooper and John C. Sutton, securities on the official bond of the said Charles W. Robey, for the sum of one hundred and sixty-four dollars and fifty-five cents, being the balance appearing on the digest, in the office of the Comptroller General

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against said Charles W. Robey and also twenty per cent. per annum interest on the same. Preamble. And whereas, the said Charles W. Robey removed from this State shortly after his settlement with the Comptroller of 1845, and before he had been allowed his insolvent list for said year, which, if allowed, would have set off the apparent balance against the said Charles W. Robey: Section I. Be it enacted, That Martin Hutto, William Cooper and John C. Sutton, securities of Charles W. Robey, Tax Collector for the county of Baker for the year 1845, be, and they are hereby relieved from the payment of said sum of one hundred and sixty-four dollars and fifty-five cents and all interest thereon, and that no further proceedings be had or taken to enforce the collection of the same out of said securities. Martin Hutto, W. Cooper and John C. Sutton relieved from liability on tax collector's bond. No further legal proceed in's to be had Sec. II. Be it further enacted, That from and immediately after the passage of this Act, it shall be the duty of the Comptroller General to issue instructions to the Sheriff of the county of Calhoun to dismiss all levies made by him under said execution, on the property of said securities, or either of them, and to return said execution to the office of said Comptroller General. Comptroller to instruct [Illegible Text] of Calboun co. to dismiss levies and return execution to him. Assented to December 15, 1857. ARTICLE II. MARITAL RIGHTS. Act No. 307. Jeremiah Gafford, Joel T. Snelson. Act No. 308. Sophia Avant. Act No. 309. Susan Spell, Francis Abbott. Act No. 310. Nancy Morrow. Act No. 311. Thomas J. Miller. Act No. 312. William L. Gordon. Act No. 313. Sarah Grover. Act No. 314. Alexander U. Morgan. Act No. 315. Joel P. Cline. Act No. 316. Henry P. Hoff. Act No. 317. Henry Duke, Zach. Whitehead, Louisa Parker, Mary Ann Lee, Wm. Oliver, Alex. Teague, Thos. Williams, Balus Green, George W Dupree and Matthew G. Ingraham. Act No. 318. Wm. L. Dallas, Wm. Y. Barden, John W. Johnson. Act No. 319. Eli Dellenger and Elizabeth Smith. Act No. 320. Francis Abbot, Meedy Lapley, David Young, Mitchel Gay, James Oliff, Andrew J. Hudson. Act No. 321. William C. Holliday. Act No. 322. Sarah Anderson. Act No. 323. Drewry Boatright, George W. Newman. (No. 307.) An Act for the relief of Jeremiah Gafford, of the county of Stewart, and others therein named. Whereas, a final verdict was rendered, granting a divorce a vinculo matrimonii, in favor of Edny Gafford vs. Jeremiah Gafford, in the Superior Court of the county of Stewart: Preamble. Section. I. Be it enacted, That from and after the passage of this Act, the said Jeremiah Gafford be, and he is hereby fully released from all liabilities, by him incurred in consequence of his intermarriage with the said Edney Gafford, and of the rendition of said verdict except his liabilities for the support and maintenance of the children,

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the issue of said marriage, any law to the contrary notwithstanding. Relief of Jere Gafford. Sec. II. And be it further enacted, That from and after the passage of this Act, Joel T. Snelson, of the county of Wilkes, be, and he is hereby fully relieved from all liabilities and disabilities by him incurred, in consequence of his intermarriage with Martha Snelson, formerly Martha Hawes, and of the rendition of a verdict of divorce, granted the said Martha snelson, at the last term of Wilkes Superior Court. Joel T. Snelson, Wilkes co., relieved. Approved December 11, 1857. (No. 308.) An Act for the relief of Sophia Avant, of Washington county. Section I. The General Assembly of Georgia do enact, That Sophia Avant be, and she is hereby relieved from all the penalties and disabilities which she has incurred by reason of her intermarriage with and divorce from John T. Avant. Soph. Avant of Washington, relieved from all penalties, c. Approved December 15, 1857. (No. 309.) An Act for the relief of Susan Spell, of the county of Wayne, and Francis Abbott of the county of Warren, and for other purposes. The General Assembly of Georgia do enact as follows: Sec. I. That from and after the passage of this Act, Susan Spell of the county of Wayne, and Francis Abbott of the county of Warren, be and they are hereby relieved from all liabilities and disabilities by them incurred in consequence of their intermarriage with William Spell and William Abbot, and the rendition of a verdict of divorce granting to said William Spell and William Abbot, and they are hereby declared feme soles for all and every purpose whatever, in law and equity. Susan Spell and Francis Abbot, relieved from certain liabilities and disabilities, and vested with the rights and privileges of femes sole. Sec. II. [Repeals conflicting laws.] Assented to December 15th, 1857. (No. 310.) An Act for the relief of Nancy Morrow of the county of Henry. Whereas, at the last term of the Superior Court of the county of Henry, a final verdict granting a divorce in favor of Baily Morrow vs. said Nancy Morrow, upon proof of abandonment only; and, whereas said Nancy Morrow is regarded, in said county, as a virtuous and respectable woman, and deserving the favorable consideration of the General Assembly: Preamble. Sec. I. Be it enacted, c. That from and after the passage of this

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Act, the said Nancy Morrow be and she is hereby relieved from all liabilities and disabilities by her incurred in consequence of her intermarriage with said Baily Morrow and rendition of said verdict. Nancy Morrow released from all disabilities and liabilities incurred by mar'ge with B. Morrow, and verdict of [Illegible Text] Assented to December 15th, 1857. (No. 311.) An Act for the relief of Thomas J. Miller of the county of Bibb. Sec. I. Be it enacted, That from and after the passage of this Act Thomas J. Miller, of the county of Bibb, be and he is hereby fully released from all liabilities and disabilities by him incurred by reason of a divorce having been granted to his former wife, Cornelia J. Miller, of the State of Alabama, and that he be allowed to marry again in the same manner as if he had never been married, any law to the contrary notwithstanding. T. J. Miller released fr'm certain disa. etc, and allowed to marry. Assented to December 16th, 1857. (No. 112.) An Act for the relief of William L. Gordon, of the county of Spalding. Sec. I. Be it enacted, That William L. Gordon of the county of Spalding, be and he is hereby relieved from all pains and disabilities on account of a divorce obtained by his wife Martha E. Gordon, in the Superior Court of said county, and that the said William L. Cordon be and is hereby made eligible to marry again, all laws to the contrary notwithstanding. W. L. Gordon of Spalding co. relieved from disa. of a divorce and authorized to marry again. Assented to December 18th, 1857. [No. 313.] An Act for the relief of Sarah Groover of the county of Bryan. Be it enacted, That from and after the passage of this Act, Sarah Groover, be and she is hereby fully relieved from all liabilities and disabilities by her incurred, by reason of a divorce having been granted to her husband, Edward Groover, in the Superior Court of Bryan county, and that she be allowed to marry again in the same manner as if she had never been married, any law, usage or custom to the contrary notwithstanding. Sarah Groover's disa. removed. Assented to December 21st, 1857.

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(No. 314.) An Act for the relief of Alexander U. Morgan, of the county of Calhoun, and to legalize his intermarriage with Amanda Smith. Section I. Be it enacted, That from and after the passage of this Act, Alexander U. Morgan of the county of Calhoun, shall be fully released and discharged from all liabilities incurred by him and all penalties to which he may have subjected himself, by reason of his intermarriage with Amanda Smith, after the granting of a divorce, a vinculo matrimonii, by the Superior Court of the county of Clinch, to his former wife. Alex. U. Morgan's disabilities and liabilities removed. Sec. II. And be it further enacted, That the intermarriage of said Alexander U. Morgan and Amanda Smith, shall be and is hereby made as legal and valid as if he had not been previously married. Marriage legalized. Sec. III. (Repeals conflicting laws.) Assented to December 21st, 1857. (No. 315.) An Act for the relief of Joel P. Cline. Whereas, the wife of Joel P. Cline, an orderly and respectable citizen of this State, has abandoned him and after obtaining a divorce from him on very slight testimony in the State of Mississippi, has married again: Section I. Therefore be it enacted, That Joel P. Cline be, and he is hereby relieved from all liabilities and disabilities incurred by him in consequence of his intermarriage with Sarah J. Johnson, formerly Sarah J. Martin, alias Sarah J. Cline. J. P. Cline's disabilities removed. Assented to December 21st, 1857. (No. 316.) An Act for the relief of Henry P. Hoff, of the county of Oglethorpe. Whereas Elizabeth Ann Hoff, has obtained a divorce a vinculo matrimonii, from Henry P. Hoff, in the Superior Court of Oglethorpe county, and the said Henry P. Hoff being a good disposed, and orderly citizen and desirous of being relieved from all the penalties and disabilities of his intermarriage with said Elizabeth Ann Hoff, and subsequent divorce from her: Preamble. Section I. Be it therefore enacted, That said Henry P. Hoff of the county of Oglethorpe, be and he is hereby relieved from all penalties and disabilities, consequent upon his intermarriage with the said Elizabeth Ann Hoff and the subsequent divorce, obtained by her; and that the said Henry P. Hoff, be, and he is hereby fully

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authorized to marry again, any law to the contrary, notwithstanding. H. P. Hoff's disabilities removed and he authorized to marry. Assented to December 21st, 1857. (No. 317.) An Act for the relief of Henry Duke, of the county of Jackson, and of certain other persons herein mentioned. Section I. Be it enacted, That from and after the passage of this Act, Henry Duke of the county of Jackson be, and he is hereby fully released from all liabilities and disabilities on him imposed by reason of a divorce having been granted to his former wife, Polly Duke, and that said Henry Duke be allowed to marry again in the same manner as if he had never been married, any law to the contrary, notwithstanding. H. Duke's disabilities removed and he allowed to marry. Sec. II. And be it further enacted, That the provisions of the first section of this Act be extended to Zachariah Whitehead of the county of Bibb, to Thomas Turner of the county of Whitfield, to Louisa Parker of the county of Dougherty, to Mary Ann Lee, former wife of Anderson Lee of the county of Randolph, to William Oliver of the county of Emmanuel, to Alexander Teague of the county of Union, to Thomas B. Williams of the county of Oglethorpe, to Balus Green of the county of Lumpkin, and to George W. Dupree of the county of Worth. Also that Mathew G. Ingraham, be relieved from the pains and penalties and liabilities incurred by reason of his intermarriage with Mary Ingraham, formerly Mary Reed. Provisions of 1st sec extended to various other persons. M. G. Ingraham relieved from pains. c. of a certain marriage. Assented to December 22d, 1857. (No. 318.) An Act for the relief of William L. Dallas, and others. Section I. Be it enacted, That William L. Dallas be, and he is hereby released from all disabilities prohibitory of marrying again, on account of his former marriage with Sarah Ann Greathouse in Troup county, and her subsequent obtainment of a divorce a vinculo matrimonii with said William L. Dallas, and that said William L. Dallas be allowed to marry again. William L. Dallas's disabilities removed- Sec. II. And be it further enacted, That the provisions of this Act be extended to William T. Barden of the county of Muscogee, and that he be released from the disabilities incurred by reason of his marriage with his late wife, formerly Miss Jernigan. Provisions of Act extended to Wm. Y. Barden. Sec. III. And be it further enacted, That the provisions of this Act be extended to John W. Johnson of Terrell county. Extended to Jno. W. Johnson. Sec. IV. (Repeals conflicting laws.) Assented to December 22d, 1857.

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(No 319.) An Act to release Eli Dellenger and Elizabeth Smith of the county of Union from the pains and penalties of bigamy or adultery, and for other purposes therein mentioned. Whereas, the said Eli Dellenger and Elizabeth Smith were in the year 1848, in the county of Union married in due form of Law under an honest and conscientious conviction, that the former husband of the said Elizabeth Smith was at that time dead, he having been several years previous thereto sentenced to hard labor in the Penitentiary of the State of Tennessee, for a term of years, and she having been informed that her said husband died shortly after his discharge from said prison, and whereas it is now ascertained that her said former husband is not dead but is still in life, and has again married to a second wife: Preamble. Section I. Be it enacted, That the said Eli Dellenger and Elizabeth Smith, be relieved from the pains and penalties of the offence of bigamy or poligamy, in consequence of their said intermarriage, or any other offence they may have committed against the penal statutes of this State, by their previous intermarriage. E. Dellenger and E. Smith relieved from all penalties, etc., for their intermarriage. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 320.) An Act for the relief of Frances Abbott of Warren county, Meedy Lapley of Emmanuel county, David Young of Fannin county, Mitchell Gay of Emmanuel county, James Olliff of Bulloch county, and Andrew J. Hudson, late of Stewart county. Section I. Be it enacted, That from and after the passage of this Act, the said Frances Abbott be, and she is hereby fully released from all liabilities and disabilities by her incurred, in consequence of her intermarriage with the said William Abbott, and of the rendition of said verdict. And that she be allowed to marry again in the same manner as if she never had been married; any law to the contrary, notwithstanding. And that the benefits of this Act shall extend to Meedy Lapley of Emmanuel county. Frances Abbott's disabilities removed. May marry again. Benefits of this Act extended to Meedy Lapley. Sec. II. And be it further enacted by the authority aforesaid, That David Young of the county of Fannin be, and he is hereby entitled to all the privileges in the foregoing section of this Act mentioned. Provisions of the first sec. extend'd to David Young. Sec. III. And be it further enacted, That, Mitchell Gay of Emmanuel county, and James Olliff of Bulloch county be, and they are hereby entitled to the privileges of the above recited Act. Mitchell Gay and James Olliff given same privleges. Sec. IV. And be it further enacted, That Andrew J. Hudson, late of Stewart county, be entitled to all the benefits of this Act, and that he be and hereby is released from all disabilities by reason of his intermarriage with Eliza Ford. She having obtained a verdict

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for a divorce, a vinculo matrimonii, from the said Andrew J. Hudson. Benefits of this Act extended to A. J. Hudson of Stewart. Sec. V. (Repeals conflicting laws.) Assented to December 22d, 1857. [No. 321.] An Act for the relief of William C. Holliday, of the County of Fayette. Section 1. Be it enacted, That William C. Holliday, of the county of Fayette, be and he is hereby relieved from all disabilities on account of a divorce obtained by his wife, Jane Holliday, in the Superior Court of said county, and that the said William C. Holliday be made eligible to marry again. Wm. C. Holiday's liabilities remv'd. Sec. II. [All laws to the contrary are hereby repealed.] Rep'g clause Assented to December 22d, 1857. [No. 322.] An Act for the relief of Sarah Anderson, of the county of Telfair. Section. 1. Be it enacted, That from and after the passage of this Act, Sarah Anderson, of the county of Telfair, be and she is hereby fully relieved from all liabilities and disabilities by her incurred by reason of a divorce having been granted to her former husband, John J. Anderson. Sarah Anderson's disabilities rem'd Sec. II. [Repeals conflicting laws.] Assented to December 22d, 1857. [No. 323.] An Act for the relief of Drewry Boatright, and to relieve him from certain disabilities. Whereas, at the April Term of Carroll Superior Court, 1857, a final verdict was rendered granting a divorce a vinculo matrimonii, in favor of Sarah Boatright, wife of Drewry Boatright; and whereas, by the laws of this State, the said Drewry is placed under certain disabilities on account of said marriage and divorce: Preamble Section 1. Therefore, Be it enacted, That from and after the passage of this Act, said Drewry Boatright be and he is hereby fully relieved from all legal disabilities by him incurred in consequence of his intermarriage with the said Sarah, and of her obtaining said divorce, and that he be allowed to marry again, in the same manner as though he had never been married. Drewry Boat right reliev'd from disabilities of divorce and allowed to marry again, Assented to December 22d, 1857.

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[No. 324.] An Act to relieve George W. Newman from all disabilities by reason of his intermarriage with Mary Ann Protter, and from all pains and penalties by reason of her having been divorced. The General Assembly do enact as follows: Section 1. That George W. Newman be and he is hereby relieved from all disabilities pains and penalties by reason of his intermarriage with Mary Ann Protter and the divorce granted her from said inter-marriage. G. W. New man [Illegible Text] from disabilities of divorse. Sec. II. [Repeals conflicting laws.] Assented to December 22d, 1857. ARTICLE III. SURETIES, EXECUTORS, c. Act No. 325. Peter H. Coffee, Adm'r of Mark Wilcox, Charles Quin, Henry J. Campbell, Woodson Wilcox, Wm. Brewer, Adm'r of Archibald Brewer, and Christopher C. Smith. Act No. 326. Elizabeth Clark, Ex'trx of Sevier Clark. Act No. 327. Thomas J. McGaughey, Ex'r of Isaac Treadwell. Act No. 328. John A. Cogburn, Adm'r on estate of John Newsom, dec'd relieved from forfeited recognizance against s'd estate. Act No. 329. Tax Collector of Walton co. for 1853, and his securities relieved. Act No. 330. James Edmondson. [No. 325.] An Act for the relief of Peter H. Coffee, Administrator of Mark Wilcox, deceased, Calvin Quin, Henry J. Campbell, Woodson Wilcox, William Brewer, Administrator of Archibald Brewer, deceased, and Christopher C. Smith, securities of Abraham F. Powell, late Tax Collector of Telfair county, and to appropriate money for the same. Whereas, Abraham F. Powell was Tax Collector of the county of Telfair, for the year 1845, and Mark Wilcox, Calvin Quin and Henry J. Campbell were his securities on his bond, and whereas, many years after, to-wit: on the 28th day of October, 1856, and long after the said Powell had become insolvent, he, the said Powell, was pronounced a defaulter, and a fi fa issued from the Comptroller General's Office against the said Powell and his securities, for the amount of $204 62-100 principal, with 20 per centum per annum interest on the same from the 1st day of December, 1845, until paid, and whereas, the said securities have paid the said principal, interest and cost, amounting to the sum of Six Hundred and Ninety Dollars and ninety cents, (690 90-100) over to the Sheriff of Telfair county, which said sum, except the cost and commissions, has been paid into the Treasury of the State. And whereas, the said Abraham F. Powell was also Tax Collector for the county of Telfair for the year 1846, and Woodson Wilcox, Archibald Brewer and Christopher

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C. Smith were the securities on his bond, and whereas, many years after, to-wit: on the 28th day of October, 1856, and long after the said Powell had become insolvent, he, the said Powell, was pronounced a defaulter, and a fi fa issued from the Comptroller General's Office against the said Powell and his said securities on his bond, for the year 1846, for the amount of $70 22-100 principal, with 20 per centum per annum interest on the same, from the 1st day of December, 1846, until paid, and whereas, the said last securities have paid the said principal, interest and cost, amounting to the sum of Two Hundred and Twenty-Nine Dollars and eighty-five cents, ($229 85-100) over to the Sheriff of Telfair county, which said sum, except the cost and commissions, has been paid into the Treasury of the State: Preamble. Section 1. Be it enacted, That from and after the passage of this Act, his Excellency the Governor shall be authorized to draw his warrant or warrants on the Treasury, to be paid out of any money not otherwise appropriated, for an amount sufficient to refund to the securities of Abraham F. Powell, late Tax Collector of Telfair county, for the years 1845 and 1846, the amount recovered of said securities on fi. fas. issued from the Comptroller General's Office against said securities, and pay the same over to said securities, according to the amounts the said securities have paid on said fi. fas. Provided, the amount drawn by the Governor shall not exceed the sum of Six Hundred and Twenty Dollars and sixty-eight cents, the amount paid by said securities, and provided, also, that evidence shall be filed in the Executive Office of the amounts each security has paid on said fi. fas. [Illegible Text] draw his warrant in favor of the sureties of A. F. Powell, former Tax Col. of Telfair Co, Amt. drawn by Gov. not to exceed $670.68, Evidence of assets p'd by securities. Sec. II. [Repeals conflicting laws.] Assented to December 21, 1857. (No. 326.) An Act for the relief of Mrs. Elizabeth Clark, executrix of the will of Sevier Clark, and for other purposes therein named. The General Assembly do enact as follows: Section I. That from and after the passage of this Act, the said Elizabeth Clark, executrix of the will of Sevier Clark, of the county of Hall, be, and she is hereby exempt from all the duties and requirements of the law, as such executrix, aforesaid, so far as said laws may require her to make annual returns of her actings and doings, as such executrix of the will of Sevier Clark, aforesaid. Eliz. Clark, ex'rx of Sevier Clark, exempted fr. making ann. returns. Sec. II. Provided, however, That should any of the legatees, under said will, or heirs at law of said Sevier Clark, make complaint to said Ordinary of Hall county, of any improper management by said executrix of said will, then and in that case, she shall be required to make returns as now required by law. But upon complaint of any legatee, she must make ann'al returns. Sec. III. [Repeals conflicting laws.] Assented to December 15th, 1857.

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[No. 327.] An Act for the relief of Thomas J. McGaughey, of the county of Walton. Section I. Be it enacted, That Thomas J. McGaughey, of the county of Walton, be, and he is hereby authorized to remove his executorship of the will of Isaac Treadwell, late of Clarke county deceased, from the Court of Ordinary of Clarke county, to the Court of Ordinary of Walton county, in the same manner, and under the same regulations and restrictions as if by a removal of his residence from the said county of Clarke to the said county of Walton, he came within the provisions of the Act of 1812, and also of the Act of 1843. Thos. J. McGaughey authorized to transfer his ex'orship fr. Clarke to Walton co. Sec. II. (Repeals conflicting laws.) ASSENTED to December 16th, 1857. [No. 328.] An Act for the relief of the estate of John Newsom, late of the county of Putnam, deceased, and John A. Cogburn, of said county, as the administrator of said estate. Whereas, on the 12th day of December, 1853, John Newsom, of the county of Putnam, then in life, become the security of one John W. Ward, in a bond, conditioned for the appearance of the said Ward at the March Term of the Superior Court of the county of Morgan, next after the date of said bond, to answer to an offence in said bond set forth; and whereas, the said John Newsom has departed this life, upon whose estate the said John A. Cogburn has administered; and whereas since the death of the said John Newsom, the said bond has been forfeited in the Superior Court of Morgan county, and scire facias is now proceeding against the said John A. Cogburn, as administrator as aforesaid, for the purpose of collecting the penalty of said bond; and whereas it is doubtful whether, by law, the said John A. Cogburn, as administrator as aforesaid, has the right to retake and deliver up the said John W. Ward, if to be found, that was possessed by his said intestate as the bail of the said Ward, therefore: Preamble. Section I. Be it enacted, That the estate of the said John Newsom, deceased, and the said John A. Cogburn, administrator of the estate of the said John Newsom, is hereby fully, entirely and wholly discharged and released from all and every liability except cost on account of the said bond, arising in any way whatever; and also be fully relieved from said scire facias, and that the same be quashed and discharged, all laws to the contrary notwithstanding. The estate of J. Newsom relieved fr. judgm't in a forfeited recognizance. Scire facias quashed. Assented to December, 22, 1857.

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[No. 329.] An Act for the relief of the Tax Collector of the county of Walton for the year 1853, and his securities. Section I. Be it enacted, That the securities of the Tax Collector of the county of Walton, for the year 1853 be, and they are hereby relieved from the excess over and above the legal interest, upon the amount of a tax fi. fa. issued from the office of the Comptroller General against the said Tax Collector and his securities, the said securities having paid off said fi. fa., the Governor be, and he is hereby authorized and required to draw his warrant in their favor for the amount of said interest. Sureties of Tax Col. for yr. 1853, relieved fr. paying any but prin. and legal int. in a certain fi. fa. Gov. to draw war. in their favor. Sec. II. Be it further enacted, That William W. Nowell and John P. Edwards be, and they are hereby appointed to examine the tax digest for the year 1853, and compare the same with the said tax fi. fa., and correct any error they may find in said digest, and the said William W. Nowell and John P. Edwards are hereby authorized to allow the insolvent lists for the said year, or any part of the same, which has not already been allowed, and they shall make a report of all their actings and doings in the premises to the Comptroller General, who shall make a settlement upon the same, with the said Collector and his securities; and the Governor is hereby authorized to draw his warrant in favor of the said parties, in accordance with said settlement. W. W. Newell and J. P. Edwards appointed to examine tax digest. c. To make report to Com. General. Comp. Gen. to make settlem't upon their report. Sec. III. [Repeals conflicting laws.] Assented to December 22, 1857. [No. 330.] An Act for the relief of James Edmondson, of the county of Murray, security of Thomas J. Harper, Tax Collector of the county aforesaid, for the year of 1850, and for other purposes hereinafter mentioned. Whereas, Thomas J. Harper, Tax Collector of Murray County for the year of 1850, became a defaulter to the State of Georgia, for the amount of one hundred and forty-three dollars and fifty-six cents principal, which defalcation was suffered to remain unsettled for several years, in the mean time, the said Harper, having disposed of all his property and left the State, insolvent; and whereas James Edmondson, one of his securities, upon the demand of the present Comptroller General, paid up the principal sum due, without requiring the issuing of a fire facias, and by the direction of the Governor, the collection of the interest having been suspended, to enable the present General Assembly to release the said James Edmondson from paying the interest thereon: Preamble. Section I. Be it enacted, That James Edmondson be, and he is hereby released from all interest upon said defalcation, and that the

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payment made by him to the present Comptroller General, be held as a final settlement, so far as the State is concerned. [Illegible Text] Edmond [Illegible Text] released fr. paym't of sertain interest. Sec. II. Be it further enacted, That the Comptroller General be directed to issue a fi. fa. against the said Thomas J. Harper for the amount of the principal of said default, and that the said fi. fa. be delivered to the said James Edmondson, who is authorized to reimburse himself out of any property of said Harper that may be subject to said fi. fa. with seven per cent. interest on the amount so paid by the said Edmondson, on the 2d day of October, 1856. Comp. Gen. to issue certain fi. fa. to be controlled Jas Edmondson. Sec. III. [Repeals conflicting laws.] Assented to December 22, 1857. ARTICLE IV. MISCELLANEOUS RELIEF. Act No. 331. Mrs. Elizabeth Thompson. Act No. 332. Elizabeth Coleman, colo'rd. Act No. 333. John Atwell. Act No. 334. Andrew T. Rowe. Act No. 335. James E. Williams. Act No. 336. Lewis Jones, Rich'd Turner, Solomon Hart. Act No. 337. Peter Cole. Act No. 338. Reuben S. Williams. Act No. 339. Rachel Black and her children declared citizens. Act No. 340. John Sirmons, George. W. McKinley. Act No. 341. Rufus Rabun, Jos. B. Ellis. Act No. 342. Calvin J. Crawford, Henry Ivey. Act No. 343. James Hamby. Act No. 344. John W. Spain. Act No. 345. Morgan Swinney. Act No. 346. Benjamin Johnston. Act No. 347. Jesse M Davis, Alexander F. Bennett. Act No. 348. James W. Bowden, N. J. Jones, James M. Whorden, Jno. P. Radford, A. J. Pool, Jno. S. Montgomery, William H. Green, Jas. Adams. Planters and Mechanics Bank, Cherokee Insurance and Bk'ng Company at Dalton, and the Manufacturers and Mechanics Bank of Columbus, relieved. Act No. 349. James Crocker, county surveyor of Habersham co. relieved. [No. 331.] An Act for the relief of Mrs. Elizabeth Thompson, of the county of Elbert, and to repeal conflicting laws in her case only. Whereas, by the existing laws of Georgia, the owners of slaves are forbidden, under certain penalties, to allow their slaves to hire their own time, and whereas, Elizabeth Thompson, of the county of Elbert, although liable to the penalty of said law by having allowed her negro slave (a negro man named Nathan) to hire his own time, but was evidently ignorant of the existence of such a law, and recalled her said slave as soon as informed of its existence, and before any injury was done to the public, and whereas, by the collection of the State and county tax as a penalty, a manifest injustice will de done to an innocent person, for remedy whereof: Preamble. Section 1. Be it enacted, That in case the State and county tax aforesaid (which is the sum of One Hundred Dollars, State tax) has not been collected and paid from and by the said Elizabeth Thompson, before or at the time of the passing of this Act, that she be and is hereby relieved and excused from all liability to pay the same. Elizabeth Thompson relieved f'm payment of State and county tax. If not already paid.

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Sec. II. And be it further enacted by the authority aforesaid, That the sum of One Hundred dollars be refunded to said Elizabeth Thompson, Provided she has paid said State tax, that being the amount assessed upon her for the year eighteen hundred and fiftyseven, and that said sum be repaid to her by the Tax Collector, provided it be yet in his hands, or if it be paid into the Treasury, that his Excellency the Governor be authorized to draw his warrant for the same. $100 to be refunded to her if she has p'd St. tax. By Tax Col. if yet in his hands, otherwise by Gov draw'g warrant. Sec. III. And be it further enacted by the authority aforesaid, That the Inferior Court of Elbert county be and are hereby authorized to refund to said Elizabeth Thompson the amount of county tax assessed upon her for said year for the allowing said negro to hire his time aforesaid. Provided said tax has been paid, and if it has not been paid, that she be released therefrom. Inf. Cr't of Elibert so to refund to her co. tax there by incurred for 1857 if paid. If not to be [Illegible Text] from it. Sec. IV. 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, so far as relates to the case of the said Elizabeth Thompson, for said year and no more Rep. [Illegible Text]. Assented to December 16, 1857. [No. 332.] An Act for the relief of Elizabeth Coleman, a colored woman. Be it enacted, That in consideration of the age and infirmity of Elizabeth Coleman, a colored woman, of the county of Hancock, that the Tax Collector of said county shall remit the tax of said Elizabeth Coleman. Elizabeth Coleman, a col'd woman released f'm tax. Assented to December 16, 1857. [No. 333.] An Act for the relief of John Atwell. Whereas, John Atwell, Tax Collector for the county of Randolph, in the year 1856, in receiving the bills of the several banks in the State of Georgia in payment of the taxes due by the citizens of said county, received the bills of the Manufacturers and Mechanics Bank of Columbus for State and county taxes the sum of Fifty-seven dollars, and whereas, satisfactory proof was made to the Inferior Court of said County, that at the time the bills of said bank were paid to the said John Atwell as Tax Collector as aforesaid, the said bank was in good credit, and said Court being satisfied with the proof of the same, received the county's portion of the bills of said bank, from said John Atwell, and whereas, John Atwell has paid into the Treasury the full amount of taxes due by said county, Preamble. Be it enacted, That the Governor be and he is hereby authorized to draw his warrant on the Treasury in favor of John Atwell, Tax Collector as aforesaid, for the sum of Forty dollars being the portion due the State of the bills of said bank, on his furnishing evidence

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to the Governor that he had deposited a like sum of said bank bills so received by him, on the Manufacturers and Mechanics Bank, in the Treasury of the State. Gov authorized to draw his war't on the T'rsr in favor John Atwell for $40. on cer'n conditions. Approved December 16, 1857. [No. 334.] An Act for the relief of Andrew T. Rowe, of Green county. Whereas, Andrew T. Rowe has on file, in the Ordinary's office of Green county, an account for teaching two children of William F. Thompson, two children of L. E. Dupree, and Jasper Jones, orphan, during the year 1856, and said account having been rejected because the Grand Jury failed to mark said children as entitled: Preamble. Section 1. Be it enacted, That the Ordinary of Green county be authorized to pay to said Andrew T. Rowe the amount of said account, at the rates paid during the present year, (1857) out of any money in his hands not otherwise appropriated. Ordinary of Green co. to pay A. J. Rowe for tea'cg poor children. Assented to December 16, 1857. [No. 335.] An Act for the relief of James E. Williams, of the city of Atlanta. Whereas, the said James E. Williams did, on the 4th of July, 1856, become the security of one Charles C. Clute, on a penal bond, in the sum of $300, conditioned for the appearance of said Clute at the August term, 1856, of the City Court of Atlanta, then and there to answer the charge of an assault and battery, and whereas, the said Clute having disappeared, by leaving the State, the said bond was forfeited, and scire facias was issued and made returnable to the February term of said court, 1857, calling on the principal and security to show cause why final judgment should not be entered against them on said bond, and whereas, the said James E. Williams has made due and diligent search for the said Clute, at great expense, time and trouble, under and by virtue of a requisition obtained from the Governor of this State, and having failed to find and produce the said Clute at court, and there being no probability of ever doing so, and there being no judgment yet entered: Preamble. Section 1. Be it enacted, That the said James E. Williams be and he is hereby relieved and released from all and singular the pains and penalties, by reason of his securityship on said bond, to all intents and purposes whatsoever, and that said case be dismissed by the judge of said court, so far as the said James E. Williams is concerned. J. E. Williams relea'd f'm liability on penal b'd. Case dism'd Sec. II. [Repeals conflicting laws.] Assented to December 17, 1857.

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[No. 336.] An Act for the relief of Lewis Jones, Richard Turner and Solomon Hart of the county of Harris. Whereas, at the last October term of the Superior Court of Harris county, judgment was entered up upon scire facias, in favor of the State vs. Edmond Jones, principle, and Lewis Jones, Richard Turner and Solomon Hart, securities, for the sum of one thousand dollars, upon a forfeited recognizance, said Edmond being charged with the offence of stabbing, and whereas said securities are poor men, and unable to satisfy said judgment without great injury to themselves and families, and said Edmond having fled the State, and the prosecutor, the person stabbed, not being injured, and he, the prosecutor, together with a large number of respectable citizens, having petitioned this General Assembly, praying the discharge of said securities from said forfeiture: Preamble, Sec. I. Be it enacted, That the Clerk of the Superior Court of the county of Harris, or the Solicitor General of the Chattahoochee Circuit, be and either of them are [is?] authorized and required to enter full satisfaction on said judgment or execution, if one has been issued, and that the said Lewis Jones, Richard Turner and Solomon Hart, be and they are hereby declared to be henceforth entirely discharged, acquitted and released from their liability to pay said forfeited recognizance or the judgment or execution thereon, after having first paid to the Clerk all cost and fees which may have accrued in the prosecution of said case, any law, usage or custom to the contrary notwithstanding. Clk of Supr. Ct. of Harris co. or Sol. of Chattahoochee circuit to enter judgment or execution on the forfeited bond of Ed. Jones and others satisfied. Assented to December 17th, 1857. [No. 337.] An Act for the relief of Peter Cole, of the county of Gilmer. Whereas, in the Cherokee Land Lottery, lot number 253, in the 10th district, and 2d section, was drawn by John Paulk's orphans, and by the books of the Executive Department, appears granted by them on the 7th day of November 1836, when in fact no grant has been recorded to said orphans, said entry having been made fraudulently or by mistake; and whereas said orphans, under the supposition that their said grant was legally issued, did sell and convey said lot to Peter Cole, of Gilmer county. Preamble, Sec. I. Be it enacted, That in order to perfect the titles to said lot in the hands of Peter Cole, a grant to John Paulk's orphans be issued and delivered to said Cole, on his paying the usual grant fees in such cases provided. Grant to be issued for lot No. 253 in 10th dis. and 2d sec. to J. Paulk's orphans upon payment of grant fees. Sec. II. [Repeals conflicting laws.] Assented to December 18th, 1857.

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[No. 338.] An Act for the relief of Reuben S. Williams, of Baker county. Whereas, by omission of duty in the Comptroller General's office, the fi. fa. issued against James Adams, defaulting Tax Collector of Baker county, for the year 1840, was allowed to remain in that office from 1841 to the year 1857, without any attempt to collect the same, and whereas, Reuben S. Williams, in the year 1853, without any notice of the claim of the State aforesaid, did purchase lot of land number 249, in the 8th district of Baker county, from said Adams, and which has been levied upon under the said fi. fa. against said Adams as defaulting Tax Collector as aforesaid; and it appearing from the record on the Comptroller General's office, that the principal and legal interest of said fi. fa., has been paid by said Adams since said levy, and as all of the said Adams' property is exhausted, it would be unjust to collect the 20 per cent, from said Williams, who is an innocent purchaser without notice. Preamble. Sec. I. Be it therefore enacted, That the said fi. fa. shall not be further prosecuted against the said Reuben S. Williams, or against any property which he may have purchased from the said James Adams as defaulting Tax Collector as aforesaid. R. S. Williams' property exempt from levy under certain fi. fa. Sec. II. [Repeals conflicting laws.] Assented to December 21st, 1857. [No. 339.] An Act for the relief and protection of certain persons therein named. Whereas, doubts have existed whether Rachel Black, of the county of Chatham, is entitled to the rights and privileges of a citizen of Georgia; and whereas, satisfactory proof has been furnished to establish her said rights and privileges; and whereas, it is just and proper that said doubts should be forever removed: Preamble. Sec. I. Be it enacted, That from and after the passage of this Act, the said Rachel Black, and her children Lenora, James, Sarah Benjamin, Alexander, Virginia and Ann Eliza, be and they are hereby declared to be severally entitled to all and singular, the rights and privileges of citizens of Georiga, and to be fully capable each and any of them, of inheriting, holding and receiving all manner of profits, [property?] real or personal, by bequest, deed, or in any other manner whatever. Racheal Black. Rach. Black and children entitled to all the rights etc of citizens. Sec. II. [Repeals conflicting laws.] Assented to December 21st, 1857.

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[No. 540.] An Act for the relief of George McKinly and John Sirmons of Early county. Whereas executions are now proceeding in Early county, against John Sirmons and George McKinly, founded on judgments obtained on forfeited recognizances of James Floyd, who was indicted in Early Superior Court, for vagrancy and misdemeanor; and whereas a large portion of the citizens of Early county, for divers good reasons therein set forth, have asked the Legislature to release the said John Sirmons and George McKinly from said judgments: Preamble: Sec. I. Be it therefore enacted, That the Clerk of the Superior Court of the county of Early, or the Solicitor General of the Patanla Circuit, be and they, or either of them, are authorized and required to enter full satisfaction on said three judgments or executions, and the said George McKinly and John Sirmons, be and they are hereby declared to be henceforth entirely discharged and relieved from said judgments. Provided they pay all cost which have accrued: any law, usage or custom to the contrary notwithstanding, J. Sirmons J. Floyd, of Early co. relieved fr'm judgm'ts on forfeited recognizances. Upon their paying all costs. Assented to December 17th, 1857. (No. 341.) An Act for the relief of Rufus Rabun and Joseph B. Ellis. Whereas, Wesley Rabun was indicated in Bibb Superior Court, in three several cases of misdemeanor, and gave bond with Rufus Rabun as his security for his appearance at Court; and said Wesley Rabun having left the county, and each of said three bonds having been forfeited at the November term, 1857, of Bibb Superior Court; and said Rufus Rabun being a poor man, and would be made insolvent if forced to pay said bonds; and by a petition herewith shown, signed by a large and respectable number of the tax payers of Bibb county, it appears that he should be entitled to relief: Preamble. Sec. I. Be it enacted, That upon the payment of all cost, and the commissions of the Solicitor General, due on said three bonds so forfeited, that said Rufus Rabun, be and he is hereby released and discharged from all liability on account of said three bonds, and said three judgments thereon. R. Rabun released from 3 judgments on forfeited [Illegible Text] upon payment of costs, etc. Sec. II. Be it further enacted by the authority aforesaid, That Joseph B. Ellis, of the county of Calhoun, be and he is hereby released and discharge upon a judgment entered up against him as security on a bond or recognizance for the appearance of Richard Gill, at Calhoun Superior Court, said judgment entered at term, 1857, for one hundred dollars, he first paying the Court cost, and fees of Solicitor General. J. B. Ellis of Calhoun released from judgm't upon paym't of costs etc. Assented to December 17th, 1857.

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(No. 342.) An Act for the relief of Calvin J. Crawford aud Henry Ivey. Whereas, Calvin J. Crawford was indicated in Fulton Superior Court for the offence of paying and betting at cards, and gave bond with Henry Ivey as his security, for his appearance at Court to answer said charge, and said Calvin J. Crawford being sick in the city of Macon at the time of said Court, at which final judgment of forfeiture was rendered and wholly unable from Providential cause to attend said Court, and being a man of limited means, and upon the whole presenting a case that entitles him to relief: Preamble. Section I. Be it enacted, That the judgment heretofore rendered in Fulton Superior Court, in favor of the State against Calvin J. Crawford as principal and Henry Ivey as security upon and by virtue of a forfeited recognizance, conditioned for the appearance of said Calvin J. Crawford, at Fulton Superior Court, and said judgment now of record in said Court upon his paying the fees of the Solicitor General and costs of Court, [shall be void.] C. J. Crawford and H. Ivey relieved from a judg't on a forfeited recognizance upon paying all costs, c. Sec. II. (Repeals conflicting laws.) Approved December 22, 1857. (No. 343.) An Act for the relief of James Hamby of Walker County. Whereas, there is now pending in the Superior Court of Walker county, a suit at law against James Hamby, against whom, a scire facias has been issued, on a bond or recognizance of one Barney Spence, conditioned that the said Barney Spence should appear at the Superior Court of Walker county, to answer the State, in the charge of an assault, upon which bond the said James Hamby became the security of the said Barney Spence, for his appearance as aforesaid. And whereas, at October Term, 1849, of said Court, there was a true bill found against said Barney Spence; and whereas, at October Term, 1850, of said Court, the said Barney Spence was out of the State, and unable to reach said Court on account of his being sick; and whereas, the said James Hamby not knowing of the sickness, nor whereabouts of the said Barney Spence, did suffer said bond to be forfeited at said October Term of said Court, and whereas, the said James Hamby was unable to ascertain anything about or concerning the said Barny Spence, until he was dead, and it was too late under the laws of this State, for the said James Hamby to have relief in said Court, for remedy whereof: Preamble. Section I. Be it enacted, That the Justices of the Inferior Court of Walker county be authorized and required to discharge the said James Hamby of all the penalties and forfeitures of said bond or recognizance, upon the said James Hamby paying off and discharging the cost in said case. Jas. Hamby to be disc'gd from liability on forfeited recogniz'nce upon payment of all costs. Sec. II. (Repeals conflicting laws.) Assented to December 22, 1857.

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(No. 344.) An Act for the relief of John W. Spain. Whereas, lots of land, number ten, and one hundred, in different districts in the county of Lowndes, were set apart, by an Act of the Legislature of 1832, for educational purposes. And whereas, those lots were by law, exposed at public sale by the Sheriff of Lowndes county, at the usual place of public sales on the first Tuesday in October, 1833, and at said sale, lot number ten, in the fifteenth district of Lowndes county, was so exposed at public sale; whereas, J. E. Tucker, being the highest and best bidder, said lot number ten, is said district, was bid off by him, and the purchase money paid in full. And whereas, said J. E. Tucker, afterwards for a fair, full, and valuable consideration, transferred all his interest in said lot of land, to Francis Jones, as guardian of John W. Spain, and the said John W. Spain having attained his full age; all of which facts are fully shown and proven by the affidavits hereto attached. And upon all the proofs submitted, it being shown that the property described is really the property of said John W. Spain, and that he is entitled to the grant therefor: Preamble. Section I. Be it enacted, That the proper officers of this State, do, upon application of John W. Spain, issue a grant for lot of land, number ten, in the fifteenth district of Lowndes county, upon his paying the usual grant fees therefor, provided, that said John W. Spain, shall furnish to His Excellency the Governor, satisfactory proof that the purchase money for said lot of land, number ten, in the fifteenth district of originally Irwin, now Lowndes county, has been paid to the proper officers authorized by law to receive the same, and that the said John W. Spain is authorized, as of right to receive a grant therefor. Provided, this Act shall in no way interfere with any interest or title in said land which may have heretofore vested in any other person or persons whatever. Grant to issue to John W. Spain for lot No. 10, in 15th dist. of Lowndes co. upon certain conditions. Grant fees to be paid. Purchase money must have been paid. Not to affect vested rights. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 345.) An Act for the relief of Morgan Swinney, and for other purposes. Whereas, Morgan Swinney of the county of Floyd, has in his possession of his own right $205 00 of the scrip issued by the Governor and Commissioners in constructing the Western and Atlantic Railroad. Preamble. And whereas all provisions for the redemption of said scrip is barred by the statute of limitations, therefore: Be it enacted, That the State Treasurer be, and he is hereby authorized and required to pay to the said Morgan Swinney, or his order, the amount of the principal and interest of said scrip, out of

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any money in the Treasury not otherwise appropriated, and that his Excellency the Governor do draw his warrant for the same. State Treasurer to pay to Morgan Swinney $250 with interest, and Governor to draw his war rant for the same. Assented to December 22d, 1857. (No. 346.) An Act for the relief of Benjamin Johnston of Gilmer County, and for other purposes therein named. Whereas, by an Act of the General Assembly of this State, approved March 1st, 1856, certain persons therein named, and their associate stockholders and successors, were incorporated under the name and style of the North Georgia Mining Company; and whereas, the Tax Receiver of Fannin county did in the year 1856, report for double tax, lot of land No. 20, in the 9th district and 2d section of originally Cherokee now Fannin county, as the property of said corporation, which was paid by Benjamin Johnsten of Gilmer county. And whereas, said lot is reported for the year 1857, as corporate property of the North Georgia Mining Company, and subject to taxation as such in Fannin county. Preamble. And it being true that the persons mentioned in the aforesaid Act, have never organized under the charter herein referred to, but that said lot is given in by Charles Latimer of DeKalb county, and the tax of the same paid by him, and that no corporate property as such, is now, or ever was held by the corporators, named in the aforesaid charter: Section I. Be it enacted, That the double tax paid by said Benjamin Johnston on said lot for the year 1856, be refunded to him from the State Treasury, and that the Senator from Gilmer county at this session, be authorized to receipt for and receive the Executive warrant for the same. Double tax of B. Johnston remitted and refund'd fr. St. Tr. Senator fr'na Gilmer te receipt for same. Sec. II. Be it further enacted by the authority aforesaid, That the Tax Collector of Fannin county is hereby required to desist from the collection of tax on the aforesaid lot, or any other property supposed to belong to the North Georgia Mining Company, until he is fully satisfied that said company have organized, by accepting their charter and are acting under the same. Tax collector of Fannin [Illegible Text] to desist from collecting certain tax. Sec. III. Repeals conflicting laws. Assented to December 22d, 1857. (No. 347.) An Act for the Relief of Jesse M. Davis of the county of Terrell, and for the relief of Alexander F. Bennett, Tax Collector of the county of Chatham. Whereas Jesse M. Davis of the county of Terrell, paid to the Tax Collector of said county, in the year eighteen hundred and fifty-six, the sum of twenty-eight dollars and eight cents, more than the amount of his legal tax. Therefore: Preamble.

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Section I. Be it enacted, c., That the Governor be authorized to draw his warrant on the Treasury, for the sum of twenty-eight dollars and eight cents for the relief of the said Jesse M. Davis, and that the Governor draw his warrant for said sum in favor of said Jesse M. Davis. Governor to draw his warrant for $28.08 in favor of J. M. Davis. And be it enacted, That the Governor be, and he is hereby authorized and required to draw his warrant on the Treasury in favor of Alexander F. Bennett, Tax Collector of the county of Chatham, for the sum of sixty-five dollars and twenty-seven cents. Governor to draw his warrant for $65.27 in favor of A. F. Bennett, Assented to December 22, 1857. [No. 348.] An Act for the relief of certain persons and banks herein named Whereas, by an omission of duty in the Comptroller General's office from the years 1843 to 1855, a large number of Tax Collector's accounts were suffered to remain opened and unsettled, contrary to law; and whereas, upon the demand for settlement by the present Comptroller General several Tax Collectors and their securities, upon being notified of the amount of their indebtedness, came forward, and without requiring the issuing of fi. fas., paid up the principal amount due, with seven per cent. interest. And whereas, said parties having applied for relief from the extra or 20 per cent. interest and by direction of the Governor, the collection of this extra or 20 per cent. interest having been suspended, to enable the present Legislature, if it think proper, to release the several parties from the payment of this extra interest: Preamble. Section 1. Be it enacted, That J. W. Bowden, Tax Collector of Stewart county for the year 1854, N. J. Jones, Tax Collector of Randolph county for 1854, James M. Whorden, Tax Collector of Stewart county for 1853, John P. Radford, Tax Collector of Morgan county for 1853, A. J. Pool, Tax Collector of Hall county for 1853, John S. Montgomery, Tax Collector of Baker county for 1853, and William H. Greer, Tax Collector of Talbot county for 1851, and their securities, be released from all further liabilities to the State, on account of the collection of taxes in the years above named, and that the payment already made to the State be held and taken as a final settlement of the accounts of the above named collectors; and whereas, an execution issued on the 22d of August, 1852, against James Adams, Tax Collector of Baker county, for the year 1841, was suffered to remain in the office of the Comptroller General until found by the present officer, who has attempted to realize the amount due upon the same, and who has found enough of the said Adams' property to pay the principal sum due, with seven per cent interest, which amount has been collected and paid into the Treasury; and whereas, to proceed further in the collection of the extra or 20 per cent.. interest would involve innocent parties, who had long since purchased property from the said Adams, without being aware of any such claim against him: Jas. W. Bowden. N. J. Jones. James M. Whorden. John P. Radford. A. J. Pool. John S. Montgomery William II. Greer. Preamble.

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Sec. II. Be it further enacted, That the said payment of the principal due, with seven per cent. interest, be received as full payment of the State's claim against the said Adams, and that the Comptroller General be directed to enter the said fi. fa. satisfied. And whereas, the Comptroller General, upon information from the Treasury, that the Planters and Mechanics Bank, and the Cherokee Insurance and Banking Company, at Dalton, were in default, issued executions against said banks for the years 1855 and 1856, to the amount of $11,718 74-100 each; and it appearing that said default was not intentional, as these banks gave in to the Receiver of the County instead of the State Treasurer, and upon notification they paid the balance of the tax due to the State Treasurer; and whereas, the Comptroller General also issued executions, amounting to the sum of $11,718 74-100, against the Manufacturers and Mechanics Bank of Columbus, on account of its default for 1855 and 1856, and the Receiver for the creditors having come forward and paid the amount of tax due for said years without the default penalty, for remedy whereof: Jas. Adams. Preamble Planters and Mec. Bank Cherokee In and B'nk'ng Company at Dalton. The Manufacturers and Mechanics Bank of Columbus. Sec. III. Be it further enacted, That the said payments already made by the Planters and Mechanics Bank and Cherokee Insurance and Banking Company, at Dalton, and also the Manufacturers and Mechanics of Colummbus, be received as full payment from them for the taxes of 1855 and 1856, and that the Comptroller General be directed to enter said fi. fa. satisfied. Sec. IV. [Repeals conflicting laws.] Assented to December 22, 1857. (No. 349.) An Act for the relief of James Croker, former county Surveyor of the county of Habersham, and for other purposes therein mentioned. Whereas, James Crocker, former county Surveyor of the county of Habersham, did, in the year 1847, survey a certain tract of land in said county, for one Lawson B. Hainbright, containing four hundred and forty-seven acres; and whereas, the said county Surveyor neglected to record said plat in the county Surveyor's office of said county of Habersham, therefore: Preamble. Jas Crocker allowed to record an old plat and survey made in 1847, and the same made legal. Section 1. Be it enacted, That from and immediately after the passing of this Act, the said James Crocker, former county Surveyor of the county of Habersham be, and he is hereby authorized to record the plat and survey of said 447 acres of land in the county Surveyor's book of record, and that the same be to all intents and purposes as valid in Law and Equity, as it would or could have been, had it been done in the year 1847, and when the said James Crocker was in office; any law, usage or custom to the contrary notwithstanding. Assented to December 22, 1857.

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TITLE XXVI. SLAVES. Sec. 1. Effingham co.; Act of March 5th, 1856, as to, repealed. Sec. 2. Warren co; Persons of color in, not to live on separate lot, c. Sec. 3. Person violating, to be whipped, and if free, to be fined $100, and sold for a time to person paying fine, if a slave owner, indictable, fine, half to informer. Sec. 4. Act extended to Taliaferro county. Sec. 5. Repealing clause. (No. 350.) An Act to repeal an Act to compel owners of slaves on plantations or farms in Effingham county, to keep a white man on said plantation or farm, approved March 5 th, 1856. * * See Acts of 1855-'6, p. 538. 1. [Section I.?] The General Assembly of the State of Georgia do enact, That the above Act, compelling owners of slaves on plantations or farms in Effingham county to keep a white man on said plantation or farms, be, and the same is hereby repealed. Act of Mar. 5th, 1856, repealed. Assented to December 21st, 1857. (No. 351.) An Act to punish all owners of slaves and guardians of free persons of color, and said slaves and free persons of colour in the counties of Warren and Taliaferro, for said owners aud guardians allowing said slaves and free persons of color to live alone, and to prevent the same. 2. Section I. Be it enacted, That it shall not be lawful for any slave or free person of color to reside on a separate lot from their owner or owners, employers or guardians within the limits of the county of Warren. Slave or free person of color not to live on separate lot in Warren county. 3. Sec. II. Be it further enacted, That any slave or free person of color violating the provisions of this Act, may be arrested and taken before the Magistrate or Magistrates of said county of either district, and whipped, not exceeding fifty lashes, and fined not exceeding one hundred dollars, if it be a free person of color, and sold by the Constable of said district, for the shortest period of time, to the person or persons paying said sum, one half of which shall go to and belong to the informant or presecutor, and if said person of color be a slave, the owner shall and may be indicted in the Superior Court of the county aforesaid, for a misdemeanor, and on conviction,

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shall be fined in the sum of one hundred dollars, half of which sum shall be paid to the informant or prosecutor, and the other half be paid into the county treasury. Violation of this Act, if by slave to be whipped not more 50 lash es. If by free person of color, to be whip'd and fined not more than $100. And sold for a time to the person pay'g fine. Master of slave indictable, fine $100, half to informer. 4. Sec. III. Be it further enacted, That the provisions of this Act be extended to the county of Taliaferro. Act extend'd to Taliaferro county. 5. Sec. IV. (Repeals conflicting laws.) Assented to December 22d, 1857. TITLE XXVII. TAX. Sec. 1. Burke co.; Inferior Court of may levy extra tax, when. Sec. 2. Repealing clause. Sec. 3. Butts co.; Extra tax for may be levied by Justices of Inferior Court, extent of. Sec. 4. Repealing clause. Sec. 5. Cass co.; Iron masters of not to pay taxes on pig iron. Sec. 6. Repealing clause. Sec. 7. Columbia co.; Inferior Court of may issue and sell county bonds not to exceed $10,000, in the the aggregate, redemption of and interest. Sec. 8. Extra tax to meet the interest and redeem the bonds. Sec. 9. Repealing clause. Sec. 10. Gordon co.; extra tax to pay debts of county, how, Grand Jury to recommend and name the per cent. Sec. 11. Repealing clause. Sec. 12. Union co.; extra tax for, what per cent., Grand Jury must recommend. Sec. 13. Tax Collector must collect such extra tax. Sec. 14. To whom paid over, and how applied. Sec. 15. Bond holder to receive certificate, Tax Collector to receive same. Sec. 16. Act when to be void. Sec. 17. Repealing clause. Sec. 18. Wayne co.; extra tax for, 50 per cent. on State tax. Sec. 19. Repealing clause. (No. 352.) An Act to authorize the Justices of the Inferior Court of the county of Burke, on the recommendation of the Grand Jury of said county to levy an extra tax for educational purposes. 1. Section I. Be it enacted, That from and after the passage of this Act, it shall and may be lawful for the Inferior Court of the county of Burke, upon the recommendation of the Grand Jury of the first term of the Superior Court of each or any year, to levy an extra tax for the education of the poor children of said county. Inf'r court of Burke, upon recommendation of Gr. Jury, may levy an extra tax, c. 2. Sec. II. (Repeals conflicting laws.) ASSENTED to December 22d, 1857.

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(No. 353.) An Act to authorize the Justices of the Inferior Court of Butts county to levy an extra tax for the purpose of building a new jail, or repairing the old one in said county. 3. Section I. The General Assembly of the State of Georgia doth hereby enact, That the Justices of the Inferior Court of Butts county are authorized to assess and collect an extra tax in the county aforesaid, (not exceeding fifty per cent. on the State tax,) for the next two years, after the passage of this Act, for the purpose of building a new jail in said county, or repairing the old one, as they may deem expedient. Extra tax for Butts co. Not to exc'd 50 per ct. on State tax. 4. Sec. II. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 354.) An Act to relieve iron masters in Cass county from paying tax on pig iron, the product of their furnaces. 5. Section I. Be it enacted, That from and after the passage of this Act, iron masters in Cass county shall not be required to pay tax on pig iron, the annual product of their furnaces. Iron masters of Cass co. not to pay taxes on pig iron. 6. Sec. II. Repeals conflicting laws. Assented to December 22d, 1857. (No. 355.) An Act to authorize the Justices of the Inferior Court of Columbia county to issue and sell county bonds and levy an extra tax for county purposes, c. 7. Section I. Be it enacted, That Jesse Evans, William H. Murray and Thos. N. Hicks, Justices of the Inferior Court of Columbia county, and any two others who may be elected and commissioned as such, and their successors in office, be, and they are hereby authorized to issue and sell county bonds, for county purposes, the aggregate amount of which shall not exceed the sum of ten thousand dollars; that the time of redemption and rate of interest on said bonds to be at the discretion of said Justices. Jus. Inf'r Ct. of Columbia co. authorized to issue and sell co. bonds for co. purposes. Not to exe'd $10000 in the aggregate. Time of redemption rate of int. in discretion of Justices, etc. 8. Sec. II. And be it further enacted, That the said Justices of the Inferior Court be, and are hereby authorized to levy an extra tax to meet the interest on, and to redeem such bonds as they may issue in accordance to the above Act. Said Jus. authorized to levy an extra tax to meet the int. and redeem the bonds. 9. Sec. III. All laws to the contrary are hereby repealed. Approved December 15th, 1857.

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(No. 356.) An Act to authorize the Justices of the Inferior Court of Gordon county, to levy an extraordinary tax, c. 10. Sec. I. Be it enacted, That from and after the passage of this Act, the Justices of the Inferior Court of Gordon county be, and they are hereby authorized to levy an extraordinary tax for the purposes of paying the present indebtedness of said county, and collect the same as other county taxes. Provided such tax shall be recommended by the Grand Jury of said county, and that said Jury may have power to recommend such tax as would pay the entire indebtedness at once, or to pay the same by installments, and that it be the duty of said Jury to name the per cent. to be levied from time to time. Infr Ct of Gordon co empowered to levy extra tax upon the recommendation of the Grand jury. To pay indebtedness of county. All at once or by installments. Grand jury to name per cent. 11. Sec. II. (Repeals conflicting laws.) Assented to December 16th, 1857. (No. 357.) An Act to authorize the Justices of the Inferior Court of Union county, to levy an extra tax, upon certain conditions therein specified, and for other purposes therein mentioned, 12. Sec. I. Be it enacted, That from and immediately after the passage of this Act, it shall and may be lawful for the Justices of the Inferior Court of Union county to levy an extra tax upon the inhabitants of said county, not exceeding one-fourth of one per cent. upon the amount of taxable property given in, in said county in addition to what they are now authorized by law to levy. Provided, however, always, that said Justices shall not exercise said authority unless the first Grand Jury in each year shall so recommend. Justices of Inf. Court of Union authorized to levy an extra tax. Not to exc'd of 1 per ct. on the am't of taxable preperty. Grand jury must first recommend such tax. 13. Sec. II. And be it further enacted, That when said tax is so levied as aforesaid, it shall be the duty of the Tax Collector of said county to collect the same as other taxes. Tax Col. to collect such extra tax. 14. Sec. III. And be it further enacted, That whenever the taxes contemplated by this Act, shall be so collected, together with all other funds raised in said county for the purpose of paying off the debts now existing against said county, for building a Court House and Jail, shall be by the said Tax Collector, paid over to the Justices aforesaid, instead of to the county Treasurer, and to be by them applied to the payment of said county debts, and to no other purpose. Tax Col. to pay over money to Jus. of Infr. Ct and not to Treasurer Infr Ct to give bond holder a certificate. 15. Sec. IV. And be it further enacted, That said Justices shall, upon the application of any holder of bonds against said county, give to such holder a certificate of his or her proportionate part of the said taxes, which the Tax Collector shall receive in payment of the same, which said certificate shall be a sufficient voucher in favor of said Tax Collector, and shall amount to or be entered as a credit on said bond. Tax Col. to receive the certificate.

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16. Sec. V. And be it further enacted, That so soon as said county debt shall have been paid off and discharged, this Act shall cease, determine and be void. Act to be void when county debt shall have been paid. 17. Sec. VI. (Repeals conflicting laws.) Assented to December 21st, 1857. (No. 358.) An Act to empower the Justices of the Inferior Court, or a majority of them, of Wayne county, to levy an extra tax for Court House purposes. 18. Sec. I. Be it enacted, That the Justices of the Inferior Court, or a majority of them, of the county of Wayne, be and they are hereby authorized to levy an extra tax of not exceeding fifty per cent. on the State tax, for the years 1858 and 1859, the proceeds of which are to be applied to the expenses of building the Court House in said county. Justices of the Infr. Ct of Wayne co. authorized to levy 50 per ct. extra on State tax for 1858 and 1859. To be appropriated to building Court House 19. Sec. II. (Repeals conflicting laws.) Assented to December 16th, 1857.

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RESOLUTIONS ADOPTED BY THE SENATE AND HOUSE OF REPRESENTATIVES, OF THE STATE OF GEORGIA, DURING A SESSION OF THE GENERAL ASSEMBLY, HELD AT MILLEDGEVILLE, IN THE YEAR 1857. No. 1. Line between Florida and Georgia. No. 2. On re-survey of Tybee Island. No. 3. On the monument to the soldiers who fell at Goliad. No. 4. In relation to bounty land for soldiers called out by Act of Dec. 26th, 1837. No. 5. In relation to having the rules of evidence to obtain bounty lands changed, etc. No. 6. On extinguishment of Indian titles to certain reservations. No. 7. As to armory between Atlanta and Dalton. No. 8. As to mail from Seward to Battleground. No. 9. As to mail from Waresboro to Irwinville. No. 10. As to certain tri-weekly hack lines. No. 11. In relation to various mail routes. No. 12. As to increase of mail service between Albany and Bainbridge. No. 13. As to increase of mail service from Smithville to Cuthbert. No. 14. As to hack line from Elijay to Canton twice a week. No. 15. As to election of U. States Senator, Judge of the Supreme Court, etc. No. 16. As to election of State officers. No. 17. As to election of State Printer. No. 18. On Deaf and Dumb Asylum. No. 19. As to joint standing committee of Lunatic Asylum. No. 20. As to Young J. Anderson's Digest of the Laws of Georgia. No. 21. In relation to the book of Wm. M. Reese. No. 22. In relation to R. K. Hines' book of Legal Forms. No. 23. Public Printer to furnish members of the Legislature with the Laws and Journals. No. 24. As to publishing certain public laws in newspapers. No. 25. As to Marbury's and Crawford's Digest. No. 26. As to correcting mistakes in a certain Act. No. 27. As to Tax Returns of Floyd county No. 28. As to length of session. No. 29. Requires Treasurer to report am't of per diem and mileage of members and officers. No. 30. Prolongs the session. No. 31. On death of Hon. Duncan J. Davis, Committee, etc. No. 32. As to obtaining portraits of Clarke and Troup. No. 33. On erecting a monument to Capt. Isaac Holmes. No. 34. As to repairing tombs of deceased members. No. 35. As to religious services on thanks-giving day. No. 36. For relief of James Rogers, etc. No. 37. For relief of Green B. Wheeler. No. 38. As to furniture of Executive Mansion. No. 39. As to correction of mistake in the appropriation Act for 1858.

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[No. 1.] Whereas in the matter of controversy now pending in the Supreme Court of the United States, between the State of Florida and the State of Georgia, touching the boundary line of the two States, we deem it of much importance that this protracted and expensive litigation should cease; and whereas, with a view to the settlement of the question, a negotiation has been progressing between the late Executives of the aforesaid States, the result of which was an agreement to adopt the terminal points of the present recognized line, as the true terminal points of the boundary line to be re-surveyed, corrected and marked, provided, it is shown by either party, that the present line is incorrect, the agreement aforesaid being made subject to the ratification of the Legislature of the two States. Line between Ga. and Fla. Recites the action of the Govs. of the two States. Resolved 1 st, That we do hereby ratify the action of the late Executive of this State, in accepting the proposition of the Governor of Florida to adopt the terminal points of the present recognized line, as the true terminal points of the boundary line, and will regard, adopt and act upon the present line as run and recognized between those points as the settled boundary of the two States, or will so recognize and adopt any other line between those points, which may be ascertained and established on a re-survey and re-marking of the boundary, provided said boundary correction is made by virtue of law, and by the joint action of the States aforesaid. Aerion of late Execu. ratified. Terminal points of the line adopted. Line, how determined. 2 d. Be it further resolved by the authority aforesaid, That should it be deemed essential or important by either State, to have the boundary line between the terminal points of the present recognized boundary re-surveyed and re-marked, the Governor of this State is hereby authorized to appoint a competent surveyor, to join any such surveyor appointed on the part of Florida, to run out and mark distinctly such a line from one to the other terminal point herein indicated, to be known as the line and settled boundary between the two States, the surveyor, on the part of Georgia, to be paid such compensation as may be determined on by the present or any future legislature. Resurvey of line if tho't proper by either State. Gov. to appoint surveyor, Compensa'n of surveyor. 3 d. And be it further resolved, That the Governor of this State shall, so soon as the same shall have passed both branches of the present General Assembly, transmit a certified copy to the Governor of Florida. Gov. to send certifi'd copy to Gov. of Florida. Approved December 24th, 1857. [No. 2.] Whereas, at an early period in the history of the State, there was surveyed and dedicated to public use a tract of land on Tybee Island, called and known on record as the Light House tract, containing one hundred acres; and whereas, Georgia ceded to the General Government five acres of said tract immediately contiguous to the light house, leaving the residue of said tract still public property;

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and whereas, in March, 1767, the General Assembly of the Province of Georgia purchased from Josiah Tattnall, one hundred and four acres of land, being the westernmost point of Tybee Island, and dedicated the same for a public lazaretto; and whereas, the said two parcels of land, belonging to the State, have for many years been neglected so that the same are difficult of ascertainment, but the same are valuable for public wants: Tybee Isl'd. Preamble. Preamble. Be it Resolved, That his Excellency the Governor be requested to appoint two fit and proper persons, citizens of the county of Chatham, as Commissioners, whose duty it shall be to employ a competent surveyor, and cause the whole of Tybee Island, or so much thereof as may be necessary to ascertain with certainty, the locality of the public lands, to be accurately resurveyed, and a map or plat of the public land to be made and returned to the Executive within six months. Governor to appoint two Comm'ners to employ a surveyor to resurvey Tybee Island. Map a'd plat Resolved, That the sum of five hundred dollars be appropriated for the purpose of making said survey and map, and paying any expense attending the same, and that his Excellency the Governor be requested to audit the account of the said Commissioners, and to pay the said surveyor ten dollars per day, while so engaged, out of the contingent fund. $500 apprt'd Accounts of commis'ers. Surveyor's compens'tn. Assented to December 22d, 1857. (No. 3.) Whereas, we are informed that the Legislature of the State of Texas has taken action in relation to the erection of a monument to the memory of the gallant men who fell in the massacre at Goliad, in the struggle of that State against Mexico, for independence; and whereas, we are further informed that the said Legislature has, in connection with this subject, considered the matter of the arms belonging to the State of Georgia which, in the course of the war, fell into the hands of the Mexicans, and has passed an Act authorizing the Governor of that State, upon sufficient evidence being filed in his office that said arms belonged to Georgia, and of the value of the same, to pay over to such commissioner or agent as may be appointed by Georgia the amount to be proven, to be by him appropriated in the erection of a suitable monument to the memory of those noble heroes. Therefore, Preamble= Action of Texas Legislature 1 st Resolved, That Georgia makes no demand of remuneration at the hands of Texas for the arms aforesaid. It is a subject of congratulation and rejoicing to Georgia that from her bosom so brave and self-sacrificing a band of freemen went forth to fight against the oppression of their Texan brethren. Georgia feels that the existence of Texas as a sovereign State is her sufficient reward, and that the republican government under which the people of their beloved sister State now live, as the result in part of the peerless deeds of these men who she is proud to call her sons, is a more enduring monument to the memory of the lamented dead than could possibly be erected of any material substance by the joint action of the two States Ga. makes no demand for remuner ation, c.

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2 d Resolved, That we are disposed to meet with cordiality any proposition which Texas may have made in relation to giving expression to the profound respect which the two States feel for the memory of these martyrs to liberty; and therefore, William F. Fannin, of the county of Troup, and State of Georgia, be, and he is hereby appointed commissioner on the part of Georgia. He is hereby authorized to communicate with the authorities of Texas, and to receive any moneys which are, or which may be hereafter appropriated by the Legislatures of either State, or from any other source, and to expend the same in accordance with such joint instructions as he may receive from the two States. And the said commissioner shall report to his Excellency the Governor before the next session of the Legislature. Georgia co-operates with Texas. William F. Fannin com His duties as such 3 d. Be it further Resolved, That his Excellency the Governor be, and he is hereby requested to communicate to the proper authorities in Texas a copy of the foregoing preamble and resolutions. Copy to be sent to the authorities of Texas. Assented to December 16th, 1857. (No. 4.) Whereas, several companies of Mounted Volunteers were called into the service of the State of Georgia under the provisions of an Act assented to on the 26th December, 1837, and whereas, said companies have been paid for said service by the State of Georgia, and whereas, it is doubtful whether said soldiers are entitled to bounty land under the provisions of the Acts of Congress of 1855 and 1856, therefore: Doubts as to whether the Voluuteers called into service under Act of Dec 26, 1837 are entitled to bounty'. land under Acts of Congress of 1855 and 1856. Be it Resolved, That our Senators in Congress be instructed, and our Representatives requested, to use their best exertions to have an Act passed allowing each of said soldiers 160 acres of bounty land, who have not heretofore had bounty land. Members of Congress to endeavor to have Act passed allowing said persons 160 acres each. And be it further resolved, That his Excellency be, and he is hereby required to transmit a copy of these resolutions to our Senators and Representatives in Congress. Copies to be sent to Members. Assented to December 22d, 1857. (No. 5.) Whereas, there are a number of persons, now citizens of Georgia, and in some instances removed to other States, who rendered important military services to the United States in 1836, 1837 and 1838, in the removal of the Cherokee, Creek and Seminole Indians; and whereas, there are many others who rendered like services in the war against Great Britain, and the Seminoles and Creek Indians, usually known as the Late War, and also in the campaign against the Seminoles in 1817 and 1818; and whereas, said persons were called into service in emergency, so that no full and regular record of their services was made by the several officers commanding and sent up to the proper department at Washington, therefore: Pers'ns have rend'd military service at various times of which there is no regular record. Resolved, That the Senators and Representatives of Georgia in

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the United States Congress be, and they are hereby requested to use every honorable effort to have an Act passed, so fixing the rules of evidence in relation to such cases, as will be mutually safe to the country, and equitable to said applicants; to the end that all just and meritorious applications for services, above indicated, may be placed upon such basis as regards testimony, as they will result successfully to the applicants. And that his Excellency the Governor be, and he is hereby requested to communicate a copy of this preamble and resolution to the said Senators and Representatives of Georgia. Members of Congress to have law passed fix'g rules of evidence as to such. Copy to be sent to said members. Assented to December 22d, 1857. (No. 6.) Whereas by the compact of 1802, between the State of Georgia and the United States, the United States agreed to extinguish the Indian title to all the lands within the limits of the State of Georgia not ceded to the United States by said compact; and whereas, by the treaties of 1817, between the United States and the Cherokee Nation, the United States do agree to give to each and every head of an Indian family residing on the east side of the Mississippi river on lands then, or that might thereafter be surrendered to the United States, a reservation of six hundred and forty acres of land, in which the heads of Indian families will have a life estate, with a reversion in fee-simple to their children, reserving to the widow her dower, c.; and whereas, most of the heads of those Indian families are dead, and their children are now coming forward and demanding the fee-simple title vested in them by the treaties aforesaid, and at the same time threatening citizens who own those reservations in pursuance of titles guaranteed to them by the State of Georgia; and whereas, it is the duty of the United States, in pursuance of the compact of 1802, to extinguish the Indian title to said reservations, and thereby relieve the State from the expense and trouble of defending the rights of her citizens against those threatened actions of ejectment: Ind. claims. Preamble. Duty of U S to extinguish Ind'n titles. Be it therefore Resolved, That our Senators be instructed, and our Representatives in Congress requested, to use their best efforts in procuring the passage of a law by which the Indian title to those reservations may be extinguished and liquidated, not only as an act of justice to the State, but also in fulfilment of treaty obligations to the reservees. Members of Congress to endeavor to have law passed for the extin guishm'nt of Ind'n titles to certain reservations. Approved December 15th, 1857. (No. 7.) Whereas, a large portion of the United States have no Armory for the construction of fire-arms, and serious inconveniences and delay have been experienced in the late Creek war of 1836 for the want of arms for the use of volunteers ordered into service of the United States; and whereas, exigencies may arise in the same section of

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our confederacy which may demand the arming the militia with suitable arms, with rapidity and dispatch: Preamble. Be it therefore resolved, That the Senators of this State hereby instructed, and the Representatives requested, to procure the passage of a bill by Congress, to establish an Armory somewhere between the cities of Atlanta and Dalton, in the State of Georgia. Members of Congress to procure the establishm't of an armory between Atlanta and Dalton. Resolved 2d, That the Governor furnish each of our Senators and Representatives in Congress with a copy of the foregoing resolutions. Governor to furnish copies to Memb's Cong'ss. Assented to December 22d, 1857. (No. 8) Resolved, That our Senators and Representatives in Congress be requested to use their influence in having a weekly Mail Route established from Seward in Montgomery county, via. Mount Vernon, to Battleground, in Emmanuel county, as it will greatly facilitate the transportation of the mail through that portion of the country. As to mail from Seward to Battleground. ASSENTED to December 22d, 1857.) (No. 9.) Resolved, That our Representatives and Senators in Congress be requested to have a weekly Horse Mail established from Waresboro in Ware county, to Irwinville in Irwin county. As to mail from Waresboro' to Irwinville. Assented to December 22d, 1857. (No. 10.) Be it resolved, That our Senators and Representatives in Congress be requested to use their influence in procuring a Tri-weekly Hack line from Holmesville in Appling county to Doctor Town in Wayne county, Georgia, as the said line will greatly increase the Mail facilities of that section of the State. As to procuring a triweekly hack line from Holmesville to Doctor-town. Be it further resolved, That our Senators and Representatives in Congress be requested to use their influence to procure a Tri-weekly Hack line between Doctor Town and Waynesville, via. Pendarvis' store, on account of a large portion of the citizens between the first named points, being entirely without mail facilities, and no portion of them receiving a mail oftener than once a week. Also the Senators and Representatives use their influence to have a Tri-weekly mail line between Newnan, and Carrollton. As to tri-weekly hack line between Doctor town and Wayneville, by Pendarvis. Tri-weekly mail line between Newnan and Carrollton. Approved December 11, 1857. (No. 11.) Resolved, That our Senators and Representatives in Congress are hereby requested to use their influence to have established a mail route from Doctor Town in Wyane county, via. Holmesville, Ocmulgeeville, to Feronia, in Coffee county; also, a tri-weekly mail line between Albany in Dougherty county and Fort Gaines in Clay county; also a weekly horse mail from Little York to Boxville in

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Montgomery county; also a tri-weekly mail from Americus in Sumter county to Vienna in Dooly county; also a weekly mail from Vienna in Dooly county to Vineyard in Irwin county; also a semi-weekly from Carrollton to Boughton; also a tri-weekly from Jonesboro to Stockbridge; in Henry county; also a tri-weekly line from Palmetto to Carrollton via Rivertown and Chanceville; also a tri-weekly line from Thompson, on the Georgia Railroad, to Lincolnton; also a tri-weekly line from Clayton in Rabun county to Hiwassee in the county of Towns; also a line to be established between the Savannah and Albany Railroad and the Brunswick and Florida Railroad; also a tri-weekly line from LaGrange to Franklin in Heard county. And that his Excellency the Governor, be requested to have a copy of this resolution forwarded to our delegation in Congress. Members of Congress to use their influence to have established various mail routes in Georgia. Copy of resolution to be sent to members of Congress. Assented to December 22d, 1857. (No. 12.) Resolved, That our Senators in Congress be instructed, and our Representatives requested, to use their efforts to procure the transportation of the mail three times a week additional to the present services between Albany and Bainbridge, Georgia. As to increasing mail service between Albany and Bainbridge. Approved December 15th, 1857. (No. 13.) Resolved, That our Senators be instructed, and our Representatives requested to use their exertions to enlarge the present mail service from Smithville to Cuthbert, to six times per week, and to have the same extended to Fort Gaines, with tri-weekly service from Cuthbert to Eufaula. Mail route fm. Smithville to Cuthbert, service on, to be enlarged, c. Resolved further, That the Governor be requested to furnish each of our Senators and Representatives with a copy of these resolutions. Copy for members of Congress. Assented to December 22d, 1857. (No. 14.) Resolved, That our Senators and Representatives in Congress be, and they are hereby requested to use their best exertions to obtain a Hack line of mail from Ellijay to Jasper, Ball Ground, and Canton, and back, twice a week. As to hack line from Ellijay to Canton twice a week Resolved, That the above resolution be transmitted to each of our Senators and Representatives in Congress. To be sent to members of Congress. Assented to December 22d, 1857. (No. 15.) Resolved by the General Assembly, That both branches convene this day at 12 o'clock, M., in the Representative Hall to proceed

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to the election of a United States Senator, Judge of the Supreme Court and Director for the Bank of the State of Georgia. As to elect'n of U.S. Senator, Judge Supreme Court, c. Approved November 7th, 1857. (No. 16.) Resolved, That both branches of the General Assembty do convene in the Representative Chamber, on Saturday the 7th inst., at 10 o'clock, A. M., for the purpose of proceeding to the election of Secretary of State, Comptroller General, Surveyor General and Treasurer. As to election of State officers. Approved November 5th, 1857. (No. 17.) Resolved, That both branches of the General Assembly will convene in the Representative Hall, on Monday the 16th inst., at 3 o'clock, for the purpose of electing a State Printer for the next ensuing term, and that said person so chosen and elected, shall be subject to any legislation upon the subject of printing that the present General Assembly may deem most compatible with public interest. As to election of State Printer. Subject to certain legislation. Approved November 16th, 1857. (No. 18.) Resolved, The Senate and House of Representatives appoint a committee of three from the House and two from the Senate, to visit the Asylum for the Deaf and Dumb, at Cave Spring, to examine its present condition. Also, to make a thorough examination of the books and accounts of the Treasurer of said institution, from its beginning up to the present time, and to make their report to the next General Assembly. Committee to examine the Deaf a'd Dumb Asy. To report to next General Assembly. Assented to December 22d, 1857. (No. 19.) Resolved, That the committee of the two Houses on the Lunatic Asylum be, and they are hereby constituted a joint standing committee. Lun. Asy'm joint stand'ng committee. Approved 30th November, 1857. (No. 20.) Whereas, Young J. Anderson, of the county of Chatham, is engaged in the compilation of a Supplemental Digest of the Laws of Georgia, purporting to be of utility and advantage, particularly to the officers of the Courts; and desires the appointment of a committee to examine and report upon its merits: Young J. Anderson's compilation. Preamble. Therefore, Resolved, That his Excellency, Joseph E. Brown be, and he is hereby authorized to appoint a committee of three competent and discreet persons to examine such manuscripts as may be presented to them by the said Young J. Anderson, preparatory to the compilation and publication of the aforesaid Supplemental

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Digest; which committee, after such examination, are hereby requested to report to the Governor upon the merits of the work in question, and if they consider the same worthy of State patronage, they are further requested to signify to the Governor for what number of copies of said book the State should subscribe, and at what price per copy. Provided, that no copies shall be considered subscribed for till the Legislature shall, by Act, appropriate such sum of money as may be necessary to pay for such number of copies as it may be considered proper to take for the use of the State. Governor to appoint a committee of three to examine manuscripts and report as to their merits. To report the number of copies the State should subscribe. Price pr c'py Proviso. Assented to December 18th, 1857. (No. 21.) Resolved, That his Excellency the Governor be, and he is hereby requested to appoint Thomas R. R. Cobb, Linton Stephens, and Samuel Barnett, Esqrs., to examine and report to him upon the merits of a work by William M. Reese Esqr., of the county of Wilkes, to be used as a manual for the use of Ordinaries, Executors, c., and if they report favorable upon the same, the Governor be, and he is hereby authorized to subscribe for five hundred copies of said work, to be paid for out of the contingent fund, upon such terms as the Governor may think right and proper; and that the Governor furnish one copy of said work to each Ordinary and Clerk of the Superior Court in the State. Committee to examine book of Wm. M. Reese. If report favorable Gov to subscribe for 500 cop's How p'd for To furnish Ord. and cl'k of Sup. co. of each co. with a copy Assented to December 22d, 1857. (No. 22.) Resolved, That his Excellency the Governor be, and he is hereby authorized and requested to subscribe for fifteen hundred copies of the book of legal forms compiled by Richard K. Hines, and pay for the same out of the contingent fund, at two dollars and fity cents per copy, whenever the same is delivered at the Executive office in a finished state. R. K. Hines book of legal forms. Governor to subscribe for 1500 copies at $2.50 per copy. And be it further Resolved, That it shall be the duty of the said compiler to print with said book, any additional instructions which his Excellency may deem necessary as to taking county bonds, c. c., by those whose duty it now is by law to take them. Duty of said compiler. Assented to December 22d, 1857. (No. 23.) Resolved, That the Public Printer furnish each member of the present General Assembly with the Journal and Laws of this Legislature, each one copy. Pub. printer to furnish mem's with laws and journals. Assented to December 22d, 1857. (No. 24.) Resolved, That his Excellency the Governor be requested to have published immediately, in the Milledgeville papers, those Acts of the present session which are of public importance, and which he may deem the public interest requires to be published before the regular publication of the Laws and Journals. Gov. to have certain public laws published in the newspapers. Assented to December 22d, 1857.

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(No. 25.) Resolved, That his Excellency, the Governor, be authorized to purchase ten copies of Marbury and Crawford's Digest, and have the same deposited in the State Library. Gov. to pur. 10 copies of Marbury and Crawford's Digests. Assented to December 22d, 1857. (No. 26.) Resolved, That whereas there is a discrepancy in the original bill and enrolled Act, originating in the Senate and passed by the present General Assembly, being an Act to explain an Act entitled an Act to incorporate a railroad company to be called the Atlantic and Gulf Railroad Company, and for other purposes therein named, approved February 27th, 1856, by an omission in the 2d section of the words by the Savannah, Albany and Gulf Railroad Company, after the words said Atlantic and Gulf Railroad Company, where they first occur in said section, that said Act being already withdrawn from the office of Secretary of State, be corrected so as to make the Act correspond with the original bill, and that the amended copy be signed by the proper officers of each house, as was the original, and the same communicated to the Governor for his signature, with a copy of this resolution. As to correc. a mistake in an Act pas'd at the pres'nt session. Approved December 8th, 1857. (No. 27.) Whereas, it is made to appear that the tax book on file in the Comptroller's office, containing the returns of Floyd county for the year 1856, differs materially from the book by which the Tax Collector made his collections and settlements, and whereas it is proper that the said errors should be corrected, therefore: Tax returns of Floyd co. for 1856. Resolved, That the Senator from Floyd be permitted to withdraw the said tax book containing the tax returns of Floyd county for the year 1856, from the Comptroller's office, and deliver the same to the Inferior Court of Floyd county, that proper investigation may be made, and that he return the same to the Comptroller on or before the 10th day of November next. Senator of Floyd allowed to withdraw said returns for certain object. To return by 10th Nov. 1858. Assented to December 22d, 1857. (No. 28.) Resolved, That a committee of three be appointed by the Speaker, to Act in conjunction with such committee as may be appointed by the Senate for the purpose of examining the rights of this Legislature under the recently adopted amendment of the Constitution, as to the duration of its present session. Authorizes appointment of com. of 3 to determine as to rights of present, Legislature. Approved November 30th, 1857.

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(No. 29.) Resolved, That the Treasurer be required to set forth distinctly, in his annual report, the amount of per diem paid each member and each officer of the Senate and House to [and?] the amount of mileage paid each member. Treas. to report the amt. of per diem and mileage of members and officers. Assented to December 22d, 1857. (No. 30.) Resolved, That this session of the Legislature be prolonged till the 22d day of December instant. Session of Leg. prolonged to Dec. 22 1857. Approved 9th December, 1857. [No. 31.] Resolved 1 st. That the General Assembly of Georgia has heard with sorrow and regret, of the decease of the Hon. Duncan J. Davis, a member of the House of Representatives, elect, from the county of Early, and we tender to the family and surviving friends of the deceased our heartfelt sympathy, in this their sad bereavement. Hon. D. J. Davis, death of. Resolved 2 d. That we attend his remains this morning from the place of his decease, to the railroad depot, and that a committee of two, on the part of the House, be appointed to join such committee as many be appointed on the part of the Senate, to attend his remains to his late residence in Early county, in accordance with his last request. Com. to attend and accompany the remains to Early co. Resolved 3 d. That, in token of our sorrow, the members of the General Assembly be requested to wear the usual badge of mourning for thirty days. Badge of mourning. Resolved 4 th. That a copy of the above resolutions be forwarded by the Clerk of this House, to the widow of the deceased. Copy to be forwarded to widow. Approved November 14th, 1857. [No. 32.] Whereas, the remembrance of the departed great has ever been held as a duty which the wise and good in every nation and clime have ever felt themselves bound to observe, that posterity might imitate their virtues and emulate their good deeds: Preamble. Be it resolved. That his Excellency, the Governor, be, and he is hereby requested to employ a competent artist to paint a full length portrait, each, of Governor John Clarke, and Governor George M. Troup, and upon their being received by him, that the same be placed over the mantle pieces in the Senate Chamber, on the right and left of the President's chair. Gov. to employ Artist to paint full length portraits of Jno. Clark and George M. Troup. To be placed in Senate chamber. Resolved further, That if it should be found impracticable to obtain full length portraits, that his Excellency, the Governor, be, and he is hereby authorized and requested to obtain half-length portraits instead of them. If cannot obtain full leng. may obtain half length portraits. Assented to December 22d, 1857.

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[No. 33.] Whereas, it has ever been the policy of the State to reward her citizens for valuable services, rendered in her councils or in the field, and whereas it is the duty of the State to show her appreciation of such services by some public testimonial; and whereas, the late Captain Isaac Holmes, after serving his time in the Florida war, by his own exertions, raised a company, during the late Mexican war, to defend our honor and our rights; and whereas death found him at his post, with his armor on, in an enemies land': Capt. Isaac Holmes. His services. Therefore be it Resolved, That as a just tribute to his distinguished services as a citizen soldier, his excellency, the Governor, be, and he is hereby requested to cause to be erected, a suitable monument over the grave of the lamented deceased, and that the cost of the same be paid out of the contingent fund. Gov. to have a monument erected over the grave of. Assented to December 22d, 1857. [No. 34.] Resolved, That his Excellency, the Governor, be requested to have the tombs erected over the deceased members of the General Assembly repaired, and that the same be paid for out of the contingent fund. Gov. to have tombs over remains of deceased members repaired. Assented to December 22d, 1857. [No. 35.] Whereas, his Excellency, the Governor, has set apart Thursday the 26th inst., as a day of thanksgiving, and recommended divine service to be held in the different places of worship: Preamble. Resolved, That a committee of three be appointed on the part of the Senate, to act in concert with a committee of the House of Representatives, to make arrangements for service in the Hall of Representatives, on Thursday next, and invite some distinguished divine to deliver an appropriate sermon on the occasion. As to religous services thanks-giving day. Approved November 24th, 1857. [No. 36.] Whereas, at the September Term, 1856, of the Superior Court of the county of Sumter, a bond was given by James Rogers, for his appearance at that term of said Court, to answer to a bill of indictment previously found against him, for the offence of retailing spirituous liquors on the Sabbath day, was forfeited by reason of his absence, and at the next March Term of said Court, when his security was compelled to produce him in Court, in order to relieve himself from his securityship, said Rogers, who had in the mean time, removed from the county of Sumter to the county of Decatur, was, unknown to his security, detained and prevented from attending said Court, by sickness, and, in consequence of which, a final judgment was rendered on said bond, and whereas, the forfeiture of

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said bond, under the circumstances, is a burden on said Rogers, who is a poor man: Jas. Rogers. Preamble. Therefore, be it Resolved, That said Rogers and his security be and they are hereby relieved and discharged from said bond, and the judgment of forfeiture entered up thereon. Jas. Rogers and surety [Illegible Text] fr. judgment of forfeiture. Assented to 22d December, 1857. (No. 37.) Whereas, on the 10th day of February, 1848, D. E. Bothwell, then Comptroller General, issued an execution against Jefferson Wright, Tax Collector of Sumter county, and his securities, Adam A. Robinson, John J. Jackson and Jared Tomlinson, for the sum of $1,679 77, with twenty per cent. interest, and whereas said fi. fa. was placed in the hands of Green M. Wheeler, Sheriff of said county, who collected the same, and paid a balance of $290 to William Mims, who had a letter from the then Governor of this State, authorizing him to receive and receipt for the same, which said last mentioned sum of money the said Mims failed to pay into the Treasury; and whereas, the present Comptroller General is proceeding to collect said money, with twenty per cent. interest thereon, from said Wheeler, former Sheriff, who had paid out the same in good faith: Green M, Wheeler. Preamble. Be it therefore Resolved, That said Green M. Wheeler be, and he is hereby released from all further liability on said execution. G. M. Wheel er relieved fr. liability as to certain fi. fa. Approved December 10th, 1857. (No. 38.) Resolved by the General Assembly, That a committee be appointed, consisting of three from the House and two from the Senate, whose duty it shall be to examine the furniture of the Executive Mansion, and to make immediate arrangements for the purchase of such as may be needed. Com. to examine furniture of Ex. Mansion. Approved November 21st, 1857. (No. 39.) Whereas, a mistake has occurred in engrossing and enrolling an Act entitled an Act to appropriate money for the political year 1858, and whereas the enrolled Act makes an appropriation for Jackson T. Taylor, Journalizing Clerk of the House of Representatives, of two hundred dollars, and F. H. West, Journalizing Clerk of the Senate; and whereas, the original Act appropriated two hundred dollars to Jackson T. Taylor, Journalizing Clerk of the House of Representatives, and a like amount for F. H. West, Journalizing Clerk of the Senate, and the words a like amount having been left out of the enrolled Act, it is therefore: Preamble. Resolved, That the error in the enrolled Act be corrected, and the Governor is hereby requested to order the payment of the two hundred dollars to each of the Journalizing Clerks above mentioned. Authorizing a mistake in the appropriation act for 1858, to be corrected. Assented to December 22d, 1857.

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RULES OF THE SENATE FOR 1857. 1st. The President having taken the Chair, a quorum being present, the Journal of the preceding day shall be read; immediately after which, it shall be in the power of any member to move for a reconsideration of any matter therein contained, (provided such member, at the time of reading such matter, shall notify the Senate of his intention to move such reconsideration,) except such matter as has been heretofore reconsidered. But in cases where the life of an individual is concerned, there may be two reconsiderations. 2d. Every bill or resolution having been lost or passed, and again reconsidered, shall, immediately thereafter, by the Secretary of the Senate, be placed on file, in the standing order, and be taken up accordingly, and take precedence from the time of reconsideration only, unless otherwise directed by the Senate. 3d. No member shall speak to another, or otherwise interrupt the business of the Senate, or read any printed paper, while the journal or public papers is reading, or when any member is speaking in debate. 4th. When any member is about to speak, or deliver any matter to the Senate, he shall rise from his seat and address himself to the Chair; he shall confine himself to the question under consideration, and at all times avoid personality. 5th. No member shall speak more than twice in any one debate, on the same day, without leave of the Senate. 6th. When two members rise to speak, the first that rises shall be the first in order, which shall be determined by the President. 7th. No motion shall be put or debated until the same be seconded. 8th. When a motion is made and seconded, it shall be reduced to writing, when required by the President or any member, delivered in at the table, and read, before the same shall be debated. 9th. When a question is before the Senate, no motion shall be received, but to adjourn; to lie on the table; to postpone indefinitely; to postpone to a day certain; to commit to or amend; which several motions shall have precedence in the order they stand here arranged. The motion for adjournment shall always be in order, and decided without debate; but the motion for adjournment a second time shall be out of order, until the question before the Senate is first disposed of. 10th. The previous question being moved and seconded by a majority, the question from the Chair shall be: Shall the main question now be put? and if the yeas prevail the question shall then be put. 11th. If a question in debate contains several points, any member may have the same divided.

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12th. When the yeas and nays are called by two members, each member called upon shall (unless excused) declare openly and without debate, his yea or nay to the question, and upon the call of the House, the members shall be taken by their names in alphabetical order, and no member shall be allowed to change his vote after the same has been pronounced by the Chair. 13th. When any member wishes to introduce a bill, he shall rise from his seat, address the Chair, read the caption, and on leave report the bill instanter; and these reports, in point of order, shall hold the place of reports from Committees. But all resolutions, expressing the opinion of the Legislature, shall lie at least one day on the table, unless otherwise ordered by a majority of the Senate. 14th. No bill shall be committed until it shall have been twice read, after which it may be referred to a Committee. 15th. When a member is called to order, he shall take his seat until the President shall have determined whether he is in order or not; every question of order shall be decided by the President without debate; but if there is a doubt in his mind, he shall call for the sense of the Senate. 16th. If a member be called to order for words spoken, the exceptionable words shall be immediately taken down in writing, that the President may be better enabled to judge of the matter. 17th. When a blank is to be filled, and different sums and different days are proposed, the question shall be taken on the highest sum and most distant day first. 18th. All petitions shall be numbered as they are received, and taken up and decided on in the same order as they were received. 19th. No member shall absent himself from the service of the Senate, without leave first obtained; and in case a less number than a quorum of the Senate shall convene, they are hereby authorized to send any person or persons by them authorized, for any or all absent members, as the majority of such members present shall agree, at the expense of such absent members respectively, unless such excuse for non-attendance shall be made as the Senate, when a quorum is convened, shall judge sufficient. 20th. No member shall leave his seat after adjournment, until the President shall have left the room. 21st. There shall be four Standing Committees of the Senate appointed at the commencement of each session. First, Committee on Privileges and Elections; second, on Petitions; third, on Enrollment; fourth, to examine the Journals of the Senate; which Committees not to consist of more than five members each; and it shall be the duty of the Committee on Privileges and Elections to examine and report upon the certificates of the elections, or other credentials of the members returned to serve, and to take into their consideration all such petitions and other matters touching elections and returns as shall or may be presented, or come in question, and be referred to them by the Senate. 22d. When any communication is received from the Governor, it shall be in order to take it up as soon as the matter then under consideration is disposed of. 23d. The unfinished business in which the Senate was engaged at the last preceding adjournment, shall have the preference in the order of the day, and no motion or any other business shall be received until the former is disposed of.

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24th. No standing rule of the Senate shall be altered without one day's notice being given, expressing the intended alteration; nor shall any rule of the Senate be dispensed with except by a vote of two-thirds of the members present. 25th. The Secretary, Assistant Secretary, and Engrossing and Enrolling Clerks shall be sworn, or affirmed, before the presiding officer of the Senate, to discharge their respective duties faithfully and to the best of their skill and ability; of which oath or affirmation an entry shall be made on the Journals before they enter upon the discharge of such duties. 26th. The Senate will entertain no bill or amendment to a bill proposing to change names of individuals, to legitimate children, to alter county lines so as to change the residence of citizens, without the written application of the person whose name or residence is proposed to be changed, or whose reputed children are proposed to be legitimatised. 27th. The President may at any time call a member of the Senate to the chair, to preside over its deliberations for that day's session and no longer. 28th. All bills read a second time and committed to a Committee of the Whole, shall, unless otherwise ordered by the Senate, be taken up as reports of the Committee. THE ORDER OF THE DAY SHALL BE AS FOLLOWS: 1st. Unfinished business of the last adjournment. 2d. Reports of Committees of the Whole. 3d. Bills for a third reading. 4th. Bills for a second reading. 5th. Bills of Senate for Committee, in the order they stand numbered. 6th. Messages, in their order, from the House of Representatives.

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RULES OF THE HOUSE OF REPRESENTATIVES, FOR 1857. 1st. The Speaker shall, in his discretion, suspend unnecessary debate, and command silence whenever he may deem it needful. 2d. In all cases of ballot by the House, the Speaker shall vote. In other cases he shall not vote, unless the House shall be equally divided, or unless his vote, if given to the minority, will make the division equal, and in case of such equal division, the question shall be lost. 3d. When two or more members shall rise at the same time, the Speaker shall name the person entitled to proceed. 4th. All committees, not exceeding three, shall be appointed by the Speaker, and those composed of a greater number, shall be also appointed by him unless the House previously determine the contrary. 5th. The method of stating a question, or any motion by the Speaker, after the same hath been read by the Clerk, shall be as followeth: All you who are in favor of the motion will say Ayeall you who are against it, say No. And when a decision may seem doubtful to the Speaker, or a division demanded by any member of the House, the Speaker shall call upon the members in favor of the motion to rise, and upon those who are against it to keep their seats. 6th. When a message is announced either from the Executive or Senate, when in Committee of the Whole, the Speaker shall resume the Chair for the purpose only of receiving such message. OF DECORUM AND DEBATE. 1st. When any member is about to speak in debate, or deliver any matter to the House, he shall arise from his seat and respectfully address himself to Mr. Speaker. He shall be confined to the question in debate, shall not, without leave of the House, speak more than twice on any one subject, or more than once until every member choosing to speak shall have spoken. If any member in speaking or otherwise, transgress the rules of the House, the Speaker shall or may call to order; in which case the member so called to order shall immediately sit down, unless permitted to explainthe House shall, if appealed to, decide. And if the decision of the House be not submitted

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to, the delinquent for the first offense shall be reprovedfor the second, be fined in a sum not exceeding ten dollars, and continuing refractory, may be expelled from the House. 2d. The members of the House shall forbear from private conversation, and preserve silence until a speaking member shall have taken his seat, nor shall the language be perverted by which his thoughts are communicated. 3d. The members shall avoid naming each other when they have occasion to take notice of their observations, but may designate them by the place in which they may be, or the County they represent. 4th. No member shall be permitted to vote on any claim he may prefer against the State. 5th. No member shall pass between the Chair and a member while he is speaking, nor shall any, at the time of adjournment, leave his seat until the Speaker retires. 6th. In all cases of balloting, except for Committee, a majority of the members present shall be necessary to an election, and when a majority is not had on the first ballot, it shall be continued until a majority shall be obtained. 7th. Any member may call for a division of the House, upon a question in which the sense thereof will admit of it; previous questions shall preclude all amendments until it be decided on, and shall be in this form: Shall the main question be now put? When the main question is under debate, no motion shall be received, unless to amend it, to commit it for the main question, or to adjourn. A motion to adjourn shall always be in order, and be decided without debate. 8th. Any motion made and seconded for any matter to lie upon the table for further consideration of the House, shall be first in order. 9th. Any member not appearing within fifteen minutes after the time to which the House shall be adjourned, shall pay one quarter of a dollar, and for every five minutes after, twelve and a half cents, and shall not be admitted to his seat until this rule is complied with, unless an excuse is offered to the satisfaction of the Speaker. 10th. No member shall smoke in the House, nor shall he converse with any one over the bar thereof. In case any member shall absent himself more than half an hour without leave of the House, he shall be fined in the sum of one dollar; if longer than twenty-four hours, the Messenger shall be sent for him, and he shall be subject to the fine of four dollars per day while absent, unless satisfactory excuse be rendered to the House. 11th. All motions, except for commitment, adjournment, or previous question, shall be in writing, and the yeas and nays on any question shall, at the desire of any two members, be entered on the Journal. 12th. When a message shall be sent to the House of Representatives, it shall be announced at the door of the House, by the door-keeper, and be respectfully communicated to the Chair by the person by whom it may be sent. 13th. It shall be the order of the day on every Wednesday, to take up and decide on reports of committees on petitions, and that all petitions be numbered as they are received, taken up and disposed of in the order they were received. 14th. Any motion containing new matter shall lie at least one day on the table; no new matter shall be introduced into any bill on the third reading,

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nor shall any bill, ordinance, resolution, or other matter in any shape, be brought before the House a second time, during the same session, after a determination has been had thereon. 15th. On motion made and agreed to by a majority of the House, any part of the Journal of one day may be reconsidered, when read by the Clerk on the succeeding day. 16th. After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in possession of the House, but may be withdrawn at any time before the decision or amendment. 17th. Any ten or more members may enter a protest against any proceeding of the House on passing of any Act. OF BILLS. 1st. It shall be in order to introduce bills, or other matter upon the call of the counties, without any previous notice having been given for that same purpose; and the giving of notice for the appointment of Committees to prepare and report bills shall be dispensed with. 2d. There shall be no debate admitted upon any bill at first reading, and on the second reading thereof, the question shall be, Shall this bill be committed or engrossed for a third reading? And in case of commitment, it shall be to a Committee of the Whole House. It shall, however, be in order to commit the same, in any stage thereof, to a select committee, if the House shall so direct. COMMITTEE OF THE WHOLE HOUSE. 1st. On all questions, whether in Committee or in the House, the last amendment, the most distant day, and the largest sum shall be put first. 2d. All proceedings touching the appropriations of money shall be first moved and discussed in committee of the whole House. 3d. When a message from the Senate or from the Executive is announced at the door of the House, by the Door-Keeper or Messenger, all business shall be suspended until the same is respectfully communicated to the Chair by the person bringing it. The following shall be the order, viz: 1st. All bills shall be taken up in the order in which they were introduced, and disposed of, unless otherwise ordered by the House. 2d. Bills for a second reading. 3d. Resolutions relating to the appropriation of money. The reports of all Standing Committees are invariable exceptions to the rule so far as to introduce the result of any deliberation agreed upon in Committee. And whatever may be agreed upon as the order of the day, shall be strictly adhered to, unless it should be considered by the House absolutely necessary to dispense with this rule. When a bill is recommitted to a select committee, it is not required, by a correct practice under the Constitution, to carry it through three additional

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readings, but only such number of readings to complete the number required by the Constitution. A simple majority may call up a paper ordered to lie on the table for consideration. Applause or hisses in the Representative chamber, or in the galleries or lobby, during any speech or legislative proceedings, shall be promptly suppressed. During the recording of the yeas and nays, on any question, no debates shall be had. Any member presenting a petition, memorial or remonstrance, shall, as concisely as practicable, intimate the name and objects of the petitioner, memorialist or remonstrant, which shall be noticed on the Journal, and the paper may then be referred without reading. In case of division upon any question, those in the affirmative shall first rise and be counted, and then those in the negative. In case it is demanded by any member, and seconded, when any motion or proposition is made, the Speaker shall put a question, Will the House now consider it? The Speaker may, during a day's sitting, name any member to perform the duties of the Chair during any part of that sitting, but not longer. If the House shall think proper to elect any Committee, instead of having it done by the Speaker, they may so elect as in the Congress of the United States. No member shall vote on any question in the event of which he is immediately and particularly interested, or in any case where he was not present when the question was put. The previous question, viz: Shall the main question be now put? shall only be admitted when demanded by a majority of the members present, and on the previous question there shall be no debate. No motion or proposition, on a subject different from that under consideration, shall be admitted under color of amendment. The unfinished business in which the House was engaged at the adjournment of a preceding day, shall have the preference in the orders of the day, after the call of the counties, unless otherwise ordered. Upon a call of the members, ordinary or extraordinary, the names of the absentees shall be noted, to be dealt with as the rules direct; and the absence of members, beyond the leave obtained, shall be particularly noted. The several Standing Committees of the House shall have leave to report by bill or otherwise. The Clerk of the House shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities, and shall be deemed to continue in office until another be appointed. The Clerk shall take especial care of the books provided for the use of the House. When a message is sent from one House to the other, it shall be received with as little delay as may comport with propriety. The Joint Committee of Enrollment shall carefully compare enrolled bills and resolutions, and correcting any errors that may be discovered in the enrolled bills or other papers, make their report forthwith to the respective Houses. That the call of the counties, in alphabetical order, shall take place on Mondays, Wednesdays and Fridays, only.

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INDEX TO PUBLIC LAWS. ABDUCTING SEAMEN, In city of Savannah, 116 . ACADEMIES FREE SCHOOLS, Ordinary of each county made commissioner of poor children in his county, 10 . Justices of the Peace must furnish Ordinary with lists of poor children in their districts, by first January, 10 . Children between ages of 6 and 18 to be returned, 10 . Justices not complying, subject to attach't, as for cont'm't, 10 . Ordinary must enter, in a well bound book, names of all children in his county entitled to benefits of this Act, 10 . must pay competent teachers, 10 . to pay them pro rata when funds insufficient, 10 . must pay just claims for teaching, whether accrued before or after passage of this Act, 10 . or whether children taught were returned or not, 10 . must keep fair and reg'r accts, 10 . his commissions, 5 per cent., 10 . shall submit his accounts when required, to Gr. Jury, 10 , 11 . Counties of Lumpkin, Dawson, Rabun and Appling, excepted from provisions of this Act, 11 . Georgia Academy for the Bind, appropriation to, of $35,000, to erect building, 11 . Gov. to draw warrant for same, in favor of trustees, 11 . Trustees must give bond for its faithful disbursement, 11 . further appropriation to of $4500 to defray expenses of pupils of, from 1st Nov., '57, to Nov. 1st, 1858, 11 . Governor's duty as to fund tendered by will to prepare poor boys for college, c., 11 , 12 . when tendered, Gov. must receive such fund, 12 . must cause a bond to be made for same, 12 . bond must bear legal interest, 12 . interest must be paid semi-annually, 12 . and to such person as donor may designate, 12 . principal is at no time to be discharged, 12 . and interest not to be paid but for said purposes, 12 . when fund is settled upon Ordinary, he must disburse the interest as directed by donor, 12 . Ordinary failing to comply, liable for breach of duty, 12 . commissions of Ordinary 10 per cent. on all sums of interest received and expended, 12 . such bonds not transferable, but descend to successor of Ordinary, 12 . ACCOUNTS. parties may prove their, in Justices' Courts by their own oaths, for as much as $50, 118 . Gov. to audit against the State in favor of Penitentiary, and pay same, 124 . account in favor of Maltbie, Cleveland Co., appro'n to pay, 19 . accounts of teachers poor children, how paid, 10 .

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ACTION, banks refusing to redeem their bills in specie, subject to, 27 . in such case, bank liable for 10 per cent. damages, besides lawful interest on amount sued for, 27 . may be had against banks for receiving excessive exch., 28 . three times am't of such excess may be recovered back, 28 . may be brought against railroad companies if their conductors refuse to check baggage, 65 . penalty in such cases, $50, and how recovered, 65 . ADJOURNMENT, of Lee Superior C't legalized; 98 . less than majority of members of each branch of Legislature may adjourn from day to day, 31 . ADMINISTRATORS, may resign their trusts on certain conditions, 60 , 61 . attachments may issue against, in certain cases, 24 . when judgment to be entered up in such cases, 24 . may make titles to land under bond of deceased obligor, without giving 90 days notice, as before required, 61 . ADVANCE, to State Printer, of $5,000, 18 . AFFIDAVIT, made by bank officer to semi-annual return, perjury may be assigned on, 29 . fact of swearing in such case, evidence by production of affidavit signed by person authorized to administer oath, 29 . affidavit to hold to bail may be made by sureties, c., in certain cases, 110 . may be made, and defendant held to bail before declaration filed, 103 . declaration in such case may be filed at return term, 103 . AGRICULTURE AND COMMERCE, Inspector of liquors, his appointment, duties, c., 13 . manufacturing or selling drugged liquors, c., indictable, 14 . sec. 2d, of Act of 18th Feb., 1856, amended, 14 . forfeiture of fishing vessels, half to informers, 14 . non-residents not to fish with sein, c., for terrapins, 14 , 15 . on sale of rice, title to, not to pass to purchaser till paid for, 15 . buying rice and selling it again without having paid for it, indictable, and penalty imprisonment in penitentiary from 1 to 5 years, 15 . tare or gross weight on cotton wholly abolished, 15 . non-residents prohibited from hunting, ducking and fishing in this State, 15 , 16 . violation, a misdemeanor, punishment for, 16 . non-residents, defined, 16 . ALLRED, E. W., door keeper of Senate, per diem pay of, 19 . extra pay to, 21 . AMENDMENTS, in Equity pleadings, 108 . AMERICAN ATLANTIC SCREW STEAMSHIP CO., Act incorporating, 80 . APPEAL, judgments of Ordinaries in certain cases, subject to, 62 . may be had to Superior Court in case of right of way for Hiwassee Railroad, 77 . may be had to Superior Court, in case of damages by using timber, c., for Warwoman Turnpike, 86 . allowed from City Court of Savannah, 116 . APPLING COUNTY, exempt from provisions of Act making Ordinary of each co. commissioner of poor children in, 11 .

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Superior Courts in, to be held on 1st Mondays of March and September, 97 . suits and process in Sup'r Courts of, to conform to terms as changed, 97 . APPROPRIATIONS, Governor, salary of, 17 . State House officers, salary of, 17 . Secretaries of Executive Department, salaries of, 17 . Judges of Supreme Court, salaries of, 17 . Judges of Superior Court, salaries of, 17 . Attorneys and Sol. General, 17 . Contingent fund for 1858, 18 . Printing fund for current year, 18 . State Printer, advance to, 18 . Military Storekeeper at Sav. for 1858, 18 . Military Storekeeper at Milledgeville, for 1858, 18 . Military Storekeeper at Milledgeville, for 1856, and '57, 20 . Lunatic Asylum, resident Phys. of, his salary for 1858, 18 . salaries and pay of other officers, servants, etc of, 18 . pauper patients in, for sup't of, 18 . Members Legislature, pay of, 18 . Sec. Sen., and Cl'k House, pay of for 1858, 18 . Clerks and sub. Clerks of each House, pay of, 18 , 19 . additional to certain Journalizing Clerks, 19 . Pemtentiary, Inspector of, for 1858, 19 . appropriation of $2,500, to purchase prov'ns for, for 1858, 19 . Chaplin of Peni'ty, salary of, for 1858, 19 . Messenger of Ex. Dep. salary of, for 1858, 19 . Sen. and Rep. Halls, for airing them, etc., 19 . to pay acct. of Maltbie, Cleaveland Co., 19 . Messengers and Doorkeepers, per diem pay of, 19 . State House guard, for pay of, for 1858, 19 . Gresham and Colquitt, Sens., for per diem pay of, 19 . State Library, for increase of, for 1858, 19 . State Librarian, for pay of, for 1858, 19 . Duncan Davis, J., deceased, for mileage and per diem pay of 19 . do. do. expenses of accompanying remains of, 19 , 20 . do. do. to erect a monument over remains of, 21 . Surveyor Gen. for extra services of, 20 . Clerk of Supreme Court, for stationary, etc, 20 . to pay account of E. Waitzfelder Co., 20 . State Treasurer, advancements by, to salaried officers, 20 . for keeping in order State House clock, for 1858, 20 . to M. C. Butts, for packing arms, etc., 20 . Ex. Mansion, for furniture for, 21 chandaliers of Senate and House, pay for lighting, etc, 21 . Condon, J. F., pay to for catalogue of State Library, 21 . Cobb, T. R. R., pay to, for Supreme Court Reports, 21 . Sec. Sen., pay to, for clock furnished Sen. Chamber, 21 . Messengers and Doorkeepers, pay to, for extra services, 21 . pay to committee to examine Academy for the Blind, 21 . Shewmake, Joseph A., pay for services as a witness, 21 . Walton, Hugh, 22 . ANSWER, to bill in equity, may be made by deft. at first term, 107 .

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must be put in by deft. within 30 days after plea or demurrer is disposed of, 107 . if not full, may be excepted to, and on ten days notice, may be argued and disposed of in vacation, 107 . in such case, deft may be required to answer fully, on terms as Court may direct, 107 . equitable defence may be set up in, 107 . deft. may in his, require an answer from plff., 107 . defts. shall have reasonable time to answer amendments of plffs. 108 . in such case, deft. to answer amendment only, 108 . may be waived and cause proved, if amendment is merely formal, 108 . discovery at common law, one party in suit, must answer to [Illegible Text] or as a witness, at instance of other party, 57 . on failure, if plff., action may be dismissed, if deft., his plea or answer may be stricken out, 57 . ASHLEY, MATT, appropriation of $5, to, 21 . ATLANTA, Criminal Court of, abolished, 112 . ATLANTA MEDICAL COLLEGE appropriation to, of $15,000, as an endowment, 22 . one student in, from each Congressional district to be instructed gratis during each course of lectures, 22 . how such students to be selected, 22 . ATLANTA LAGRANGE R. R, name of changed to Atlanta and West Point R. R., 66 . may build branches to Greenville or Columbus, 66 . company may indorse bonds of Ala. and Fla. R. R. Co., not exceeding $300,000, 66 . ATLANTIC AND GULF R. R. Co., Act of 1855 and '56, chartering, amended, 67-8 . upon certain conditians, Gov. to pay State's subscription to, 68 . ATTACHMENTS AND GARNISHMENTS, attachments in cases ex delicto, may be sued out, 23 . judgments, how obtained under, 23 . declaration in, not to be dismissed though attachment be, 23 . lien of judgments under, 23 . traverse of proceedings under, not to delay judgments, 24 . lien of under other laws, not to be affected by this Act, 24 . may issue against Exrs. and Admrs., 24 . Act 4th March, 1856, in relation to, extended to City Courts of record having civil jurisdiction, 25 . how returnable in such Courts, 25 . how directed, 25 . must be issued ten, and levied nine days before Court, 25 . when not so issued, returnable to next Court after the expiration of ten days, 25 . sale of property attached, 25 . persons not residing in city, how garnisheed, 25 . notice, by whom served, 25 . witnesses for plaintiffs residing out of city, how examined, 25 . ten days notice by scire facias, 26 . section 47th of Act of 1856, applied to City Courts also, 26 . where garnishee shall answer, 26 . who may administer oaths for, and issue attachments, 26 . Act of 4th March, 1856, extended to City Court of Sav. 114 .

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all future Acts in relation to, extended to City Court of Savannah, 114 . BAGGAGE, railroad conductors must check when required to by passenger, 65 . penalty for failure to comply, $50, 65 . how recovered, 65 . BAILEY, WILLIAM, appropriation of $5 for, 21 . BAIL, process may issue on affidavit before declaration filed, 103 . declaration in, may be filed at appearance term, 103 . Sheriff's duties as to arrest, etc., under, same as before, 103 . substantial compliance with this Act sufficient, 103 . suit may proceed to judgment, though bail be dismissed for irregularity, 103 . sureties, endorsers and guarantors may hold to in certain cases 110 if holder fail to sue principal, surety discharged, 110 . BANKS AND BANKING, Act of 1840, suspended, 26 , 27 . refusing to redeem their bills in specie, damages allowed, 27 . judicial proceedings against, suspended till 15th Nov. 1858, 27 . except against insolvent banks, 27 . suspended banks to resume on 15th Nov. 1858, 27 . in case of failure to resume then, Governor's duty, 27 . Gov's duty in case of general resumption of banks out of Georgia, 27 . [Illegible Text] certain cases must redeem their bills to defts. in fi.fa 27 , 28 penalty for not doing so, 28 . must receive their own bills etc., in payment to them, 28 , penalty for not doing so, 28 . penalty for sending capital out of State to buy notes, 28 . must not charge more than 7 per cent. per annum interest, 28 . contracts for greater per cent. void, 28 . not more than 7 per cent. discount allowed, 28 . contracts etc., for greater per. ct. discount, void, 28 . must not charge more than 1 per ct. prem. for exch., in certain cases, 28 . if more charged, 3 times amt. of excess may be recovered back, 28 . how such excess shall be recovered back, 28 , 29 . foreign exch. not included, 29 . oath of party demanding exchange, 29 . affidavits of bank officers to bank reports, 29 . perjury may be assigned on, 29 . act of swearing, how proved, 29 . not to declare dividends of more than 7 per ct., during suspension, 29 . BAKER COUNTY, part of, laid off into Mitchell county, 38 . BARNESVILLE AND THOMASTON R. R. Co. ten years further time allowed to, to commence work on the road, 66 , 67 . BILLS OF SALE, time within which to record certain, extended two years, 58 . BLIND, Georgia Academy for the, appropriations to, 11 . BLUE RIDGE CIRCUIT, times of holding Superior Courts in, 94 , 95 . BLYTHE ISLAND, 1,000 acres ceded to the U. States on which to build Navy Yard, 29 , 30 .

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BOARD OF TRUSTEES, of Georgia Military Institute, appointment and duties of, 64 . of Atlanta Medical College, to expend the appropriation of, $15,000 to, 22 . BOARD OF VISITORS, of Georgia Military Institute, appointment and duties of 63 , 64 . BOND, by successor of Ex'r, Adm'r or Guardians, resigning, must be for double value of estate turned over, 61 . for titles to land on death of obligor, titles how made by Administrator, 61 . trustees of Geo. Acad. for the Blind, must give bond for faithful disbursement of appropriation, 11 . of the State; to be issued for fund furnished by will to prepare poor boys for College, 12 . of Sheriff, in Glasscock county, to be for $10,000, 36 . of Sheriff, in Mitchell county, to be for $10,000, 40 . of Sheriff of Wilcox county to be for $8,000, 47 . of constable, may be sued on without order of Court being first had, 49 . of successor to Ex'r c., resigning trust, fee of Ordinary for taking, $1, 49 . of retailer, fee of Clerk for taking, 60 cts. 52 . in bail case, fee of Sheriff for taking, $1, 52 . forthcoming, Sheriff's fee for taking, $1, 52 . State, No. 379, seven coupons of, must be signed and paid by State Treasurer, 129 . BOOKS OF RECEIVERS OF TAX RETURNS, copies of entries in, made evidence, 59 . BREWSTER, V. A., per diem pay of, as Messenger to Senate, 19 . BREWSTER, V. A. extra pay to, 21 . BRUNSWICK CIRCUIT, when Superior Courts held in, 97 . BURKE COUNTY, Superior Courts held in, on 3d Monday in April and October, 97 . BUTTS COUNTY, Superior Courts held in, 2d Monday in March and Sept. 98. Inferior Courts held in, 2d Monday in January and July, 98 . CAMDEN COUNY, Superior Courts held in, on the 3d Mondays of April and October, 97 . CANAL COMPANIES, see name of particular one, in index. CATOOSA COUNTY, Superior Courts held in, on the 2d and 3d Mondays in May and November, 96 . CERTIORARI, affidavit must be made to obtain writ of, 104, 5 . form of such affidavit, 105 . for suing out frivolous, or for delay only, party liable to pay 20 per cent. damages, 105 . CESSIONS TO THE U. STATES, 1,100 acres on Blythe Island, ceded to, 29 , 30 . area of 20 feet square in Savannah, ceded to, 30 . CHAPLAIN, of Penitentiary, appropriation to pay, for 1858, 19 . CHATHAM COUNTY, Superior Courts held in, on the 2d Mondays of April and October, 97 . CHATTAHOOCHEE COUNTY, Superior Courts held in, on the 4th Mondays of February and August, 96 . CHEROKEE CIRCUIT, times of holding Superior Courts in, 95 , 6 . see name of each county in, in index.

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CHEROKEE COUNTY, Superior Courts held in, 1st Mondays in March and Sept., 95 . CITY COURT OF SAVANNAH, jurisdiction of, Attachments and Garnishments extended to, 114 . Act of 4th March 1856, extended to, 114 . parties in, may be made witnesses, 114 . Act of 20th Feb. 1854, extended to, 114 . all future Acts relating to Attachments and Garnishments, as far as applicable, to apply to, 114 . Sheriff's fees c. for keeping live stock levied on by fi. fas. or attachments from, 114 , 115 . advertisements and sale of property under process emanating from, 115 . selection of bailiffs in, 115 . criminal jurisdiction and practice in, 115 . duty of Sol. Gen. of Eastern district in, 115 . his salary for services in, $500 per annum, 115 . fees of officers in, when and how paid, 116 . jurisdiction of, in case of abducting seamen, 116 . cases when tried in, 116 . jury fee in $1, 116 . attorney's fees in, $2, 116 . judgment and appeal in, 116 , 117 . payment of costs in, how enforced, 117 . CITY COURTS, attachment act of 4th March, 1856, extended to all city Courts of a certain class, 25 , 26 . CLARKE, WM. M. appropriation to, of $5. 21 . CLARKE COUNTY, Superior Courts held in, after 1st day of January, '59, on 1st Mon. in Feb. and 2d Mon. in Aug., 98 . CLAY COUNTY, Superior Courts held in, 4th Mon. in March and Sept. 96 . CLERKS, of Sen. and Ho. Representatives, per diem pay of, 18 . Assistant Clerks to Legislature, pay of, 18 . journalizing and recording Cl'ks of Legislature, pay of, 18 . subordinate and assistant Cl'ks of Legislature, in future, how many allowed, how appointed and paid, 122 . of Superior and Inferior Cts., fees of 50, 1 , 2 . Cl'k of Supreme Ct., appropriation to pay for stationery for, 20 . Cl'k of Supreme Ct. to be paid his costs in criminal pauper cases, 93 . Cl'k City Ct. of Savannah, fees of, and how collected, 116 , 117 . Cl'ks of Inf'r Cts. to receive from constables net proceeds of moneys collected on insolvent tax executions, and transmit same to Treasury, 132 . CLINCH COUNTY, Superior Courts held in, 4th Mondays of March and September, 97 . COBB, T. R. R. appropriation to pay for, Supe'r Court reports, 21 . COBB COUNTY, Sup. Cts. held in, 3d Mondays in March and September, 95 . may be held two weeks in, 95 . parties, witnesses and jurors must attend courts in, as changed, 95 . COFFEE COUNTY, Superior Courts held in, 2d Mondays of March and Sept., 97 . COLQUITT, PEYTON H. full pay allowed to, as Senator from Muscogee co., 19 .

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COLUMBIA COUNTY, Supr. Cts. held in, 1st Mondays of March and September, 97 . COLUMBUS, criminal court of, abolished, 113 . COMMISSIONER, of poor children, Ordinary of each county to be, 10 . duties of Ordinaries as such, 10 , 11 . certain counties excepted from act constituting Ordinaries such, 11 . COMMISSION, may issue to take testimony of party to [Illegible Text] in certain cases, 57 . COMMISSIONS, of commissioner of poor children, 5 per cent, on all moneys received and paid out, 11 . of Ordinary, on all sums of interest received and paid out on fund left by will to educate poor boys, c., 12 . of Sheriffs on sale of property, 52. Sheriffs to have none, unless property be sold, 52 . of Constables on sale of propty, 54 . not allowed to ex'rs, adm'rs, c. turning over estate to successor, on estate so turned over, 61 . COMPTROLLER GENERAL, appropriation to pay salary of, 17 . CONDON, J. F. pay to, for compiling catalogue of State library, 21 . CONDUCTORS, on railroads, must be furnished with checks, 65 . of railroads, to [Illegible Text] baggage of passenger when required, 65 . penalty for not complying, $50, and how recovered, 65 . CONSTABLES, suits may be brought on official bonds of, without order of court, 49 . duties and fees, in relation to tax executions, 132 . their fees, 54 , 55 . special, in city court of Savannah, appointment of, 115 . their fees, 114 , 115 . three of, must attend in said Ct., per diem pay of $2, 115 . powers and duties of, 115 . CONSTITUTION, sec 12, 1. art. of, amended, 31 . legislature to meet annually on 1st Wednesday in Nov., 31 . day of meeting may hereafter be altered by law, 31 . majority of each branch may do business, 31 . less number may adjourn from day to day, 31 . less number may compel attendance of absent members, 31 . each session to last only 40 days unless prolonged by a two-thirds vote, 31 . such vote must be taken by yeas and nays, 31 . compensation of members and officers of legislature to be fixed by law, 31 . CONTINGENT FUND, for 1858, $14,000, 18 . CONTRACT, for making bricks for Lunatic Asylum not to be taken by any officer of that institution, 124 . such must be let to the lowest bidder, 124 . COSTS, clerk Supreme Court in criminal pauper cases, to be paid, 93 . clerk Superior Courts, 51 . clerk Inferior Courts, 51 , 52 . Justices of the Peace, 53 , 54 . Jailers, 53 . Constables, 54 , 55 . Constables for collecting moneys on insolvent tax execut'ns, 132 . Sheriffs, 52 , 53 . Ordinaries, 49 , 50 . various officers in City Court of [Illegible Text], 114 , 115 , 116 . COTTON, tare or draft on, abolished, 15 .

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COURTS. see Supreme Courts, Superior Cts., Inferior Courts, Justices Cts. or City Courts, in index. COUNTIES, new Dawson county. laid out from Lumpkin and Gilmer, 32 , 33 . boundaries of, 33 . to what Congres'nl and Judicial Dist. Brig. and Div. G. M. attached, 33 . election of county officers in, 33 . when, where and how elect'd, 33 . how long to hold their respective offices, 33 . Goven'r required to commission them, 33 . Justices of Inf. Ct. of, to lay off county into militia districts, 33 . Justices of the Peace in, election of, 33 . old officers in, to act till terms expire and new ones are elected, 33 . county site in, by whom and how selected and located, 33 , 34 . to lay off site into town lots, and sell same for benefit of county, 34 . each Justice's court-ground in, to be an election precinct, 34 . transfer of suits, proces's, c., 34 . Sup. and Inf. Courts when held in, (see page 94.) 34 . consolidation of returns of first election in, 34 . before whom county officers elect may be qualified, 34 . old debt of Lumpkin co., how apportioned, 34 . poor shool laws governing, same as those of Lumpkin co., 34 , 35 . Glasscock county. laid out from Warren, 35 . boundaries of, 35 . attached to 8th Con. and North ern Judic'l Dists., and to 1st Brig. and 2d Div. G. M., 35 . election of county officers in, and elections when and how held, 35 . Justices of Inf. Ct. of, to lay out militia dists., 35 . election of Justices of the Peace in, 35 . county site of, by whom selected and located, 35 . to be named Gibson, 35 . site to be laid off into town lots, and lots [Illegible Text], 35 . old officers in, to act till new are elected and commis'nd, 35 , 36 . cases and papers to be transferred, 36 . time of holding Sup. and Inferior Courts in, 36 . tax, extra, may be levied by Inf. Court, 36 . Sheriff's bond in, to be for $10,000, 36 . grand and petit jurors for, how and when drawn, 36 . who may qualify Justices of Inf. Ct. elect in, 36 . Milton county. created from Cherokee, Cobb and Forsyth, 36 . boundaries of, 36 , 37 . attached to 5th Cong. and Blue Ridge Judicial dists. and 1st Brigade of G. M., 37 . elect. of certain co. officers in, 37 . elections when, where and how held, and returns of where consolidated, 37 . Governor to commission those elected, 37 . how long to hold their offices, 37 . Justices of Inf. Ct. of, to lay out militia districts, 37 . old officers in, to act till expiration of their terms, 37 . county site of, by whom selected and located, 37 , 38 . to be laid off into town lots, and lots sold, 38 . election [Illegible Text] in, designated 38 . processes to be delivered ove and cases transferred, 38 . time of holding Sup. and Inferio Cts. in, (see page 95.) 38 . Cl'ks of Sup. and Inf. Courts in election of, 37 .

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Mitchell county. laid off from Baker. 38 . boundaries of, 38 . Cong. and Jud. districts and militia Brigade as before, 38 . election of county officers in, 38 . militia dists. in, may or may not be laid off, by Inferior Ct., 39 . old Justices of the Peace in, may be retained or new ones elected, 39 . county site of, by whom selected and located, 39 . county site, to be laid off into town lots and streets, 39 . processes to be delivered over and suits transferred, 39 . as to costs on old cases, Clerk's certificate, c., 39 . grand and petit jurors in, how and when selected, 39 , 40 . extra tax in, may be levied by Inferior Court, 40 . debt of Baker county, liable for, pro rata, 40 . time of holding Sup'r and Inf'r Courts in, 40 . Sheriff's bond of, to be for $10,000, 40 . officers of Baker co., in certain cases, to act in, till those in new county are commis'd, 40 . executors, adm'rs and guardians in, amenable to Ordinary of Mitchell co., 40 . Justices of Inferior Court elect in, by whom qualified, 40 . when county officers in, to go out of office, 40 . Pierce county. laid out from Ware and Appling, 41 . boundaries of, 41 . Commissioners in, their duties, c., 41 . Courts in, to be held at Nancy Stewart's till Court House be built, 41 . County site to be named Blackshear, 41 . the same to be laid off into town lots and lots sold, 41 . county officers in, election of, 41 . Justices of Inferior Court when commissioned, to supercede commissioners, 41 . old officers in, to serve out their terms, 41 . attached to 1st Congressional and Brunswick Judicial dis. and to the 2d div. G. M., 41 . Grand and Petit Jurors in, how, and by whom selected, 41 , 42 . suits and Court papers in, to be transferred, 42 . time of holding Superior and Inferior Courts in, 42 . Schley county. laid out from Mdrion and Sumter, 42 . boundaries of, 42 . attached to the 2d Congressional and Chattahoochee Judicial dis. and to the 2d brigade of the 9th div., G. M., 42 . county officers in, election of, c., 42 . Governor to commission those elected, 42 . Justices of Inferior Court to lay off militia districts, 43 . election of Justices of the Peace in, 43 . county site of, by whom selected and located, 43 . county site to be laid off into lots and lots sold, 43 . old Justices of the Peace in, to act till new are elected and qualified, 43 . processes, c., to be delivered over and suits transferred, 43 . time of holding Superior and Inferior Courts in, 43 . extra tax in, may be assessed, 43 . White county. taken off of Habersham, 44 .

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county officers in, how and when elected, 44 . election where held and by whom superintended, 44 . to hold their offices till next regular election, 44 . militia districts in, by whom laid off, 44 . election of Justices of the Peace in, 44 . county site in, by whom selected and located, 44 . county site to be laid off into town lots and lots sold, 44 , 45 . Mount Yonah temporary county site of, 45 . Mount Yonah, elections held at till county be districted, 45 . then each Justice's C't ground to be an election precinct, 45 . old officers in, to officiate till new ones are elected in, 45 . suits, executions and Court papers to be transferred, 45 . times of holding Superior and Inferior Courts in, 45 . attached to the 6th Congressional and Western Judicial dis., and to the 7th Brigade of 1st div. G. M., 45 . Wilcox county. laid out from Irwin and Pulaski, 46 . boundaries of, 46 . election of county officers in, 46 . militia districts, to be laid off into, and by whom, 46 . election of Justices of the Peace and Constables in, 46 . county site and public buildings in, 46 . county site to be laid off into town lots and streets, 46 . process, executions, c., to be delivered over, 47 . suits to be transferred, 47 . Clerks' cost on trans. of suits, 47 . Grand and Petit Jurors in, selection of, 47 . extra tax in, may be levied, 47 . Sheriff's bond in, to be fo $8,000, 47 . certain officers of old co., to [Illegible Text] in new till others elected, 47 . ex'ors, adm'rs and guardians in to be subject to Ordinary [Illegible Text] Wilcox, 47 . how long new officers of to hold their offices, 48 . times of holding Superior and Inferior Courts in, 48 . Terrell county. eleventh sec. of Act of 16th Feb 1856, amended, 48 . ex'ors, adm'rs and guardians originally of Lee or Randolph cos. now of Terrell co., to [Illegible Text] exemplifications from old [Illegible Text] or be dismissed, 48 . CO. OFFICERS AND RECORDS. suits on bonds of Coustables may be brought without order, 49 . fees of Ordinaries, 49 , 50 . Clerks of Superior and Inferior Courts, their fees, 51 , 52 . fees of Sheriffs, 52 , 53 . fees of Jailors, 53 . fees of Justices of the Peace, 54 . fees of Constables, 54 , 55 . fees of Guardians, in certain cases, 55 . CRIMINAL C'T OF ATLANTA, abolished, 112 . business in undisposed of, to be tranferred to Fulton co. Sup'r Court, 112 . net balance of fines and forfeitures from business in, to be paid into City Treasury, and paid over to petit jurors, 112 . CRIMINAL COURT OF COLUMBUS AND ROME, abolished, 113 . CRIMINAL COURT OF MACON, sec. 16th of 5th March, 1856, in relation to, repealed, 113 . DADE COUNTY, Superior Courts held in, 1st Monday in June and December, 96 .

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Inferior Courts [Illegible Text] in, 2d Monday of June and Dec., 97 . DALTON AND GADSDEN R. R., time within which [Illegible Text] [Illegible Text] work on extended two y'rs, 67 . DAMAGES, in case banks refuse to pay specie for their bills, 10 per cent, in addition to lawful interest, allowed, 27 . for bringing frivolous certiorary, or one for delay, 105 . how determined in case of right of way, c., of the Warwoman Turnpike Co., 86 . for right of way of the Hiwassee R. R., 77 . case sounding in, attachment may issue, 23 . DAVIS, DUNCAN J., full pay as a member of Legislature, allowed to, 20 . money to be paid to his widow, 20 . committe conveying remains of to his late residence, appropriation to pay, 20 . $200 appropriated to erect monument over remains of, 21 . DAWSON COUNTY, laid off from Lumpkin and Gilmer, 32 . Act organizing, 32 , 33 , 34 , 35 . Superior Courts held in 2d Monday in Feb. and Aug., 94 . Inferior Courts held in, 1st Monday in June and Dec., 34 . attached to the 7th div. and 2d brigade, G. M., 125 . exempt from provisions of Act making the Ordinary of each county commissioner of poor children, 11 . DEAF AND DUMB, sees. 5 and 6 of Act of March 1st, 1856, repealed, 55 . office of present commissioners of, to be vacated 1st January, 1858, 55 . on 1st Jan., 1858, Gov. to appoint nine commission's of, 55 . such commissioners to hold their offices for one year, 56 . powers and liabilities of new commissioners same as of old ones, 56 . Gov. may remove commissioners and fill vacancies, 56 . elections of old commissioners of teachers, void, 56 . teachers to be elected by new commissioners, 56 . who cannot be a commissioner of, 56 . additional appropriation to, of $8,000, 20 . DEBTOR, being head of family, one farm horse or mule exempt to, without regard to value, 64 . DECLARATION, in bail case, may be filed at appearance term, 103 . shall not be dismissed tho' bail discharged, 103 . DEEDS, under Primrose Grant, Clerks must refuse to record, 59 . under any such grant, or deeds for other reasons, fraudulent and void, Clerk, must refuse to record, 59 . Clerk must assign his reasons for not recording such, and return same with deed to next Superior Court, 59 . question of frand in these tried by special jury, 59 . if jury find `fraud,' deed not to be recorded, if otherwise, to be recorded, 59 . how made by administrators of deceased obligors, 61 . 90 days notice in a newspaper in such cases, dispensed with, 61 . DEFENDANTS, in execution having specie demanded of them, may demand specie of banks on their bills, 27 , 28 . if banks refuse, shall forfeit their charters under Act of 1840, defendants, parties in suits, shall not be witnesses for themselves on their own motion, 57 .

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DEGRAFFENREID, B. B, pay to, for copying certain military rolls in Executive Department, 127 . DISCOUNT, banks must not take more than 7 per cent., 28 . DISCOVERIES AT COMMON LAW, Act of 17th Dec., in relation to, extended to City Court of Savannah, 114 . DOOR KEEPERS, of Senate and House of Representatives, their per diem pay, 19 . extra pay to, 21 . DRUGGED LIQUORS, manufactory and sale knowingly of, made indictable, 13 , 14 . owners of, being notified by inspector of liquors, must send out of the State, 13 . EARLY COUNTY. Superior Cts. held in, 1st Mon. of April and Oct. 96. EDUCATION, See Academies and Free Schools, in index. EMMANUEL COUNTY, Sup'r Cts. held in, 4th Mon. in March and Sept. 97. ENDORSERS, SECURITIES AND GUARANTORS. security or endorser may make affidavit to hold principal to bail, 110 . holder of note, c., in such case must bring suit as before required against principal or security, or endorser not to be liable, 110 . payment by endorser, surety or guarantee, pending action ag'st them with principal not to abate suit, 111 . suit to proceed in such case in name of pl'ff, for benefit of ensur. or guarantee, payment in such case by one endorser, c., others being before him, suit shall proceed against such other endorser, c. and prin., for benefit of party making paym't, 111 . payment by one surety, c. pending action against several being equally liable, may control judg't against such others for their parts, 111 . payment by endorser, c. of execution, subrogated to rights of plt'ff against others, 111 . EQUITY, practice in, 106 , 7 , 8 . EVIDENCE, parties to suit made witness, 56 , 7 . may be subp[oelig]naed by opposite parties, 57 . commission may issue to take interrogatories of, 57 . must testify when present tho' not subp[oelig]naed, 57 . failing to appear when subp[oelig]naed, or to answer interrogatories, if plt'ff, case to be dismissed, if deft., judgment as by default, 57 . cannot be witness for self on his own motion, 57 . bills of sale, time for recording certain, extended 2 years, 58 . true grantee of land may be proved by parol, 58 . Clerks must refuse to record deeds under Primrose grant, and other fraudulent and void deeds, 58 . and must return such deeds with their reasons in writing for not recording same, to next Sup'r Court, 58 . question of fraud there tried by special jury, 58 . if jury find `fraud' deed not to be recorded, otherwise to be recorded, 58 . copies of entries in books of Receivers of Tax Returns, made evidence where originals would be, 58 .

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inspector of liquors is a competent witness in certain indictments, 14 . party in Justice's Courts may prove his account by his own oath to amount of $50, 118 . wife may be witness against husband in indictment against him for whipping and beating her, 126 . EXCHANGE, banks allowed to charge only 1 per cent. prem. for, within the State, 28 . can sell sight exchange only, 28 . if they receive more, liable to pay back three times amount of excess, 28 . how such excess recovered, 28 , 9 . foreign, not included, 29 . applicant for, if required, must swear it is not to resell, 29 . EXECUTIONS, for taxes, to be given to and collected by, some constable of county, 132 . his fees and commissions for collecting same, 132 . when lost, alias executions may be issued in vacation, 104 . from City Courts, included in this Act, 104 . EXECUTIVE MANSION, appropriation of $2,950 24 to pay E. Waitfelder Co., for articles furnished for use of, 20 . further approp'n of $2,285 97 to pay for furniture for, 21 . EXECUTORS, ADMINIS'RS, c. Act of 10th Feb. 1854, amended, 60 . Guardian may resign his trust, if ward is 14 years old, and shall, with consent of Guardian and Ordinary, choose another, 61 . Ex'ors, Adm'rs and Guardians, may resign their trusts, under certain circumstances, 61 . they must get suitable successors, 61 . such successors must be acceptable to Ordinary, 91 . such successors must comply with existing laws as to bond, c., 61 . Ex'ors, c., so resigning, must turn over trust estate, 61 . Ex'ors, c., so resigning, get no commissions on effects so turned over, 61 . successor to give bond in double the amount of estate turned over, 61 . securities in such cases, to be judged of by Ordinary, 61 . hereafter, when obligor in bond for title to land shall die, and condition of bond is complied with, representative may make titles without advertising 90 days, 61 . judgments, c., by Ordinaries admitting wills to probate, declared valid, altho' Ordinary took interest under such will, 62 . same provision in such cases in future, 62 . but right of appeal in such cases not taken away, 62 . See notes on page 62. FANNIN COUNTY, Superior Courts held in, 2d Mon. in May and Oct. 95. attached to 2d Brig. 7th Div. G. M. 125. FAYETTE COUNTY, Superior Courts held in, 2d Mon. in March and Sept., 99 . FEES, of Ordinary, 49 , 50 . as commissioner of poor school children, 10 . for receiving and disbursing interest of fund given by will to educate poor boys, c., 12 . of Sheriff, 52 , 53 . of Clerk Supreme Court, in criminal pauper cases, how paid, 93 .

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of Clerk Superior Court 50 , 51 . of Clerk Inf. Court, 50 , 51 , 52 . of Cl'k of City Court of Savannah, 115 , 116 . of Justices of the Peace, 54 . of Constable, 54 , 55 . of Constable, for collecting money on insolvent tax executions, 132 . of Jailor, 53 . of Inspector of Liquors, 14 . of Guardians, in certain cases, 55 . of officers of Court in City of Savannah, 114 , 115 , 116 , 117 . FIRE COMPANIES, See name of particular one, in index. FISHING VESSELS, forfeiture of, in certain cases, 14 . one half to informer, the other to county, 14 . FORSYTH COUNTY, Superior Courts held in, 3d Mon. in Feb. and Aug. 94. FRAUDULENT DEEDS, Clerks must refuse to record, 58 , 9 . his duty in such cases, 59 . GEORGIA ACADEMY FOR THE BLIND. appropriations to, 11 . GEORGIA AND ALA. R. R. CO., may commence and go on with work on their road when stock to am't of $100,000 be subscribed, 79 . may increase their capital stock to $1,000,000, 79 . GA. MILITARY INSTITUTE, Gov. authorized to purchase, 63 . $7,000 appropriated for that purpose, 63 . buildings of, to be enlarged, 63 . $7,000 appropriated for that purpose, 63 . board of visitors of, their powers, duties, c., 63 . their compensation, 64 . the latter appropriation how expended, paid, c., 63 , 64 . Gov. to appoint a board of trustees for, not to exceed 5 in number, 64 . trustees may fill vacancies in their body, 64 . trustees, duties, powers, c. of, 64 . GILMER COUNTY, Superior Courts held in, 1st Mon. in May and Oct., 95 . GLASSCOCK COUNTY, laid out from Warren, 35 . Act organizing. 35 , 36 . Superior Courts held in, 4th Mon. of Feb. and August, 36 . Inferior Courts, on 4th Mon. of May and Nov., 36 . attached to Northern Judicial and to 8th Congressional dists, and 1st Brig. of 2d. Div. G. M., 35 . GLYNN COUNTY, Sup'r Cts. held in, 2d and 3d Mon's. of Feb and July, 97 . jury drawn and summoned for Dec. Term, 1857, to stand over for, and appear at, the Feb. Term, 1858, 97 . GORDON COUNTY, Sup Courts held in, 1st and 2nd Mondays of April and October, 96 . GOVERNOR, appropriation to pay salary of, for 1858, 17 . duty of, as to suspension of specie payment by banks, 27 . must appoint nine commissioners for deaf and dumb asylum, for each year, 55 . may remove such commi'rs, 56 . salary of, raised to $4,000 per annum, 129 . directed to commission certain Judges of the Sup. Cr'ts, 101 . to audit and pay acc'ts. of penitentiary againt the State, 124 . GRAND JURIES, foreman of, may administer oaths to witnesses before them, 109 .

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GRANTEE, who is the true, may be proven by parol, 58 . GRESHAM, E. B., Senator from Burke, full pay allowed to, 19 . GUARDIANS. may resign their trusts on certain conditions, 60, 61 . fees of when more than one ward, 55 . GUARANTOR, see sureties, endorsers and guarantors, in index. GWINNETT COUNTY, time of holding spring term of Sup. C'is in, to be 1st Monday in March, and to be held two weeks, 99 . HANCOCK COUNTY, Sup. C'ts in, held on 2d Mondays in April and October, 100 . Inf. C'ts in, held on 1st Mondays in Feb. and August, 100 . HARRINGTON, DOCT., appropriation for, of $5, 21 . HEAD OF FAMILY, one farm horse or mule regardless of its value, exempt from levy and sale, 64 . HEAD RIGHTS, grants for, upon what terms issued, 120 . HIWASSEE R. R. Co., act incorporating, 74 , 75 , 76 , 77 , 78 . HUNTING, ducking or fishing, by non-residents, forbidden in this State, 16 . violation, a misdemeanor; punishment, fine and imprisonment, 16 . INCORPORATIONS, see, in index, Internal Transportation, or the name of the particular Company or incorporation you wish to find. INFERIOR COURTS, majority of Justices of presiding, may pronounce judgment, c., 101 , 102 . Times of holding in, Milton co., 1st Monday in Sept. and February, 95 . Glasscock co., 4th Mondays of May and Nov,, 36 . Dawson co., 1st Mondays of June and December, 34 . Milchell co., 4th Mondays of Feb and August, 40 . Pierce co., 2d Mondays of June and December, 42 . [Illegible Text] co., 4th Mondays of April and October, 43 . White co., 4th Mondays of June and December, 45 . [Illegible Text] co., 1st Mondays of Jan. and July, 48 . Thomas co., 4th Mondays of Feb. and August, 97 . Date co., 2d Mondays of June and December, 97 . Terrell co., 4th Mondays of May and November, 97 . Butts co., 2d Moudays of January and July, 98 . Hancock co., 1st Mondays of February and August, 100 . Taylor co., 2d Mondays of Feb. and August, 100 . Stewart co., 1st Monday of Feb. and June, 100 . clerks of, must receive and transmit to Treasury net proceeds of insolvent tax fi. fas., 132 . INJUNCTION. writ of, may be granted forma pauperis, 109 . INSOLVENT DEBTORS, one farm horse or mule exempt to, without regard to its value, INSPECTOR, of liquors, appointment or election of, 13 . his duties, fees, c., 13 , 14 . of Penitentiary, appropriation of $500 to pay, for 1858, 19 . his employment optional with Governor, 19 .

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INTEREST, banks not allowed to charge more than 7 per ct. per annum, 28 . INTERNAL TRA'SPORTAT'N, c. railroad companies must supply their conductors with checks, 65 . conductors must check all baggage, if required, 65 . penalty for not complying, $50, 65 . how such penalty to be enforced, 65 . name of Atlanta and LaGrange R. R. changed to Atlanta and West Point R. R., 66 . Barnesville and Thomaston R. R., 66 . Dalton and Gadsden R. R., 67 . Atlantic and Gulf R. R., 68 . South Georgia and Florida R. R., 69 . LaGrange and Troup Factory R. R., 70 . Milledgeville R. R., 70 . Macon and Brunswick R. R., 71 , Hiwassee R. R., 74 . Georgia and Alabama R. R,, 79 . Will's Valley R. R., 79 . American Atlantic Screw Steam Ship Company, 80 . Ocmulgee and Altamaha Steam Navigation Co., 81 . Vigilant Hose Co., 83 . Milledgeville Telegraph Co., 83 . Sparta Telegraph Co., 84 . Warrenton Telegraph Co., 84 . Young America Fire co. No. 3, 85 . Warwoman Turnpike Co., 85 . Nottey Turnpike Co., 85 . Skidaway Shell Road Co., 87 . Satilla Canal Co., 90 . St. Mary's Canal Co., 92 . Turtle River and Altamaha Canal Co., 92 . INTERROGATORIES, to take testimony of party to suit, 57 . when commissions for may be obtained, 57 . effect of not answering to in such cases, 57 . JAILORS, their fees, 53 . JEFFERSON COUNTY. Sup. Cr'ts held in 1st Mondays of June and Dec., 97 . JOINT STOCK COMPANTES, see the particular company in index, either by name, or in Internal Transportation JUDGES, of Supreme Court. appropriation to pay salaries of, for 1858, 17 . salary of, raised to $3,500, annually, 129 . of Superior Courts. appropriation to pay salaries of, for 1858, 17 . salary of, raised to $2,500, annually, 129 . Gov. to commission certain, who were elected, but did not qualify within 30 days after proclamation of Gov., 101 . commissions to, informally commissioned, declared valid, 101 . last part of 4th sec. of Act of Jan. 12th, 1852, requiring Judges elect to be qualified within 30 days after proclamation issued, repealed, 101 . JUDGMENT, in Attachments. may be had in certain cases tho attachment be dismis'd. 23 , 24 . under this Act to have same dignity and lien as judgments at common law, 24 . not to be delayed by traverse of attachment proceeding, 24 . when to be entered up against Ex'trs and Adm'rs, 24 . against banks for excessive exchange, 28 , 29 . JUDICIARY, Supreme Court. clerk of, to be paid his costs in criminal pauper cases, 93 . Superior Courts. Gov. to commission certain Judges of, who did not qualify within the prescribed time, 101 .

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commissions to such, heretofore issued, declared valid, 101 . last clause of 4th sec, of Act of 12th Jan. 1852, repealed, 101 . when held in Blue Ridge Circuit, 94 , 95 . when held in Brunswick C't, 97 . when held in Cherokee C't, 96 . when held in Pataula C't, 96 . when held in Burke Cty, 97 . when held in Butts Cty, 98 . when held in Clarke Cty, 98 . when held in Columbia Cty, 97 . when held in Emmanuel Cty, 97 . when held in Fayette Cty, 99 . when held in Gwinnet Cty, 99 . when held in Hancock Cty, 100 . when held in Jefferson Cty, 97 . when held in Muscogee Cty, 99 . when held in Richmond Cty, 97 . when held in Screven Cty, 97 . when held in Twiggs Cty, 99 . when held in Washington Cty, 98 . adjournment of, in Lee county to 2d Monday in Jan., 1858, legalized, 98 . to sit only one week in Warren county, 100 . Inferior Courts. majority of Justices presiding in, may pronounce judgment, c., 102 . when held in Butts C'ty, 98 . when held in Dade C'ty, 97 . when held in Hancock C'ty, 100 . when held in Taylor C'ty, 100 . when held in Terrell C'ty, 97 . when held in Thomas C'ty, 97 . majority of Justices of, in Catoosa and Gordon counties, to draw extra panels of grand and petit jurors, 96 . Court of Ordinary. Oct. term of, in Tattnall co., held on 2d Monday in Oct. Process. how served in certain cases on Ex'rs and Adm'rs, 102 . Bail, 103 . Executions, 104 . Certiorari, 104 , 105 . Equity Practice, 106 , 107 , 108 . Quia Timet, Ne Exeat, Injunetions, c., writs of, 109 . Jurors, 109 . Sureties and Endorsers, 110 , 111 . Criminal Court of Atlanta, abolished, 112 . Criminal Courts of Columbus and Rome, abolished, 113 . Criminal Court of Macon, abolished, 113 . City Court of Savannah, 114 , 115 , 116 , 117 . JURORS, foreman of grand, may administer oaths to witnesses testifying before that body, 109 . in Justices' Courts. 8th sec. of Act of 14th Dec., 1811, repealed, 118 , 119 . Justices of the Peace in each dist. may revise their jury box, 119 . must draw their juries in conjunction with two freeholders of the district, 119 . JUSTICES COURTS, attachments and garnishments returnable to, must issue ten days before court, 117 . jurisdiction of, in attachments, extended to $50, 118 . parties in, may prove their open accts. by their own oath, to amounts of $50, 118 . sec. 8 of Act of 14th Dec., 1811, repealed, 118 , 119 . the justices in each dist. may revise jury box, 119 . must draw their juries for, in conjunction with two freeholders of the district, 119 . defendant may stay execution in, 60 days, 119 . JUSTICES OF INFERIOR COURT, majority of presiding, may pronounce judgment, etc., 102 . duties of, as to insolvent list of Tax Collectors, 131 , 132 . majority of, in Catoosa and Gordon counties, to draw extra panels of grand and petit jurors, 96 .

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the election and duties of, in organization of the new county of Dawson, 33 , 34 . Glasscock, 35 , 36 . Milton, 37 , 38 . Mitchell, 38 , 39 , 40 . Pierce, 41 , 42 . Schtey, 42 , 43 . White, 44 , 45 . Wilcox, 46 , 47 , 48 . [Illegible Text] OF THE PEACE. section 8 of act of 14th Dec. 1811, repealed, 118 , 119 . in each district have power to revise their jury box, 119 . must draw their juries in conjunction with two freeholders of the district, 119 . duties of, in relation to list of poor children in their district, 10 . must return all such children between ages of 6 and 18, by 1st of Jan. in each year, 10 . failure to do so, subject to attachment as for contempt, by commissioners of poor children, 10 . [Illegible Text] AND TROUP FACTORY R. R. CO. act incorporating, 70 , 71 . [Illegible Text] 1,100 acres of, on Blythe Island, ceded to the U. States, 29 , 30 . area of 20 feet square of, in city of Sav. ceded to the U. States, 30 . persons in possession of, have preference for head right grants to, 120 . other persons wishing head right grants for, must give persons ten days notice of their intention to grant, 120 . head right grants for, in contravention of this act, void, 120 . this act does not apply to surveys of, heretofore made, 120 . compensation to persons for transcribing numerical land books, 120 , 121 . LEE COUNTY, adjournment of Superior Court in, to 2d Monday in Jan., 1858, made valid, 98 . LEGISLATURE, Treasurer to pay members of, according to lapse of session, 121 . daily reporter of proceedings of, dispensed with, 121 . number of clerks of, defined and limited, 122 . to meet annually hereafter, on 1st Wednesday in Nov. 31. not to sit more than 40 days, except prolonged by a [UNK] vote, 31 . a majority of each branch can do business, less number may adjourn from day to day, and compel attendance of absentees, 31 . per diem pay and mileage of members of, 18 . no pay of members of present, for absent time, except absent on leave or on account of sickness, 18 . LIBRARIAN, State, appropriation of $600 to pay salary of, for 1858, 19 . LIBRARY, State, appropriation of $1000 to buy books for, for 1858, 19 . LIEN, of attachments, 24 . of judgments on attachments, 24 . LIGHT HOUSE, cession of 20 feet square of land in city of Savannah on which to erect, 30 . LIQUORS, inspector of, election or appointment of, 13 . his duties, etc, 13 , 14 . drugged to be sent out of State 13 . manufacturing, indictable, 14 . selling or offering to sell, knowingly, indictable, 13 . inspector of, may be witness on indictment, 14 .

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LUMPKIN COUNTY, Superior Courts held in, 1st Monday in Feb. and Aug., 94 . exempt from provisions of act making Ordinary commissioners of poor children in each county, 11 . LUNATIC ASYLUM, suit may be brought against guardian of certain inmates of, for expenses, etc. 123 . terms upon which inmates may be received into, 123 . subject for, or inmate of, may demand jury trial, 123 , 124 . appropriation to, of $52,000, 124 . further appropriation to, of five thousand dollars, to buy furniture, 124 . for making bricks for, appropriation to, of $6,000, 124 . trustees of, must not take contract for making such bricks, 124 . contracts for making bricks for, must be let to the lowest bidder, 124 . accounts of penitentiary against the State may be audited by the Governor, and paid by warrant on treasury, 124 . no other works, except those now commenced on, to be undertaken till next meeting of legislature, 124 . appropriation to, to pay expenses of pauper patients of, for 1858, 18 . salary of superintendant and resident physician of, appropriation to pay, for 1858, 18 . appropriation to pay trustees, treasurer, attendants, etc., of, for 1858, 18 . MACON, Criminal Court of, abolished, 113 . MACON BRUNSWICK, R. R. CO., charter of, amended, 71 , 72 . MALTBIE, CLEVELAND CO., appropriation to pay bad. due on account to, 19 . MESSENGER, Senate and House of Reps., per diem pay of, 19 . extra pay to, 21 . of Ex. Department, appropriation of $500 to pay, for 1858, 19 . MILITARY STOREKEEPER, at Milledgeville, appropriation to pay salary of, for 1858, 18 . appropriation to pay salary of, for 1856 and '57, 20 . at Savannah, appropriation to pay salary of, for 1858, 18 . MILITIA, time in which to present certain military claims, extended, 125 . counties of Dawson, Towns and Fannin, attached to 2d brig. and 7th div., G. M., 125 . Terrell co., to belong to same brig. and div. G.M., as Lee co., 126 . MILLEDGEV'L TELEGRAPH COMPANY. act incorporating, 83 , 84 . MILLER COUNTY, Supr. Cts. held in, 2d Mondays of April and Oct., 96 ., MILTON COUNTY, laid out from Cherokee, Cobb and Forsyth, act organizing, 36 , 37 , 38 . attached to 5th Cong. and Blue Ridge Judicial districts, and 1st brig. G.M., 37 . MITCHELL COUNTY, laid off from Baker county, act organizing, 38 , 39 , 40 . attached to same Col:. and Jud'l dists, and brig. G.M., to which same territory formerly belonged, 38 . MULE, one farm horse or mule, without regard to value, exempt from levy and sale, 64 .

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MURRAY COUNTY, Supr. Cts. held in, 3d Mondays of April and Oct., 96 . MUSCOGEE COUNTY, Supr. Cts. in, held 2d Mondays of May and November, 99 . if party to suit in, be less prepared for trial by change, Ct. may grant a continuance, 99 . MUSCOGEE R. R. CO., road of, may connect with Opelika branch R. R., and Girard R. R., 73 . consent of citizens of Columbus must be first obtained, 73 . NAVY YARD, cession of 1100 acres of land on Blythe Island to the U.S. to build, on, 29 , 30 . NE EXEAT, writ of, may be issued, forma pauperis, 109 . NON-RESIDENTS, forbidden to hunt and fish in this State, 16 . violation, a misdemeanor, 16 . punishment, fine not less than $100, nor more than $200, or imprisonment from one to three month in county jail, 16 . non-residents, defined, 16 . landholders may permit, to hunt, fish, etc., on their own premises, 16 . NOTTEY, TURNPIKE CO., act incorporating, 87 . OATHS, of persons applying to banks to buy exchange, 29 . made by bank officers, c., to bank reports, how proved to have been taken, 29 . who may administer, for attachments in City Courts, 26 . foreman of gr. juries may administer, to witnesses testifying before gr. juries, 109 . fee of Justice of Peace for administering, when no cause pending, 54 . party in Justices Court may prove his open account therein by his own oath, to amount of $50, 118 . successor to Ex'r, Adm'r or Guardian, must take the usual oath, 61 . to be taken by commissioners to assess damages for right of way of Hiwassee R. R., 77 . to be taken by arbitrators to determine amount of damages for right of way of the Nottey Turnpike, 86 . form of, (or of affidavit,) to obtain writs of cerliorari, 105 . oath of inability to give bond and security to obtain writ of ne exeat, quia timet, injunction, c., forma pauper is, 109 . of Tax Collectors to insolvent lists, 132 . OCMULGEE AND ALTAMAHA STEAM NAVIGATION CO. Act incorporating, 81 , 82 . ORDINARY, commissioner of poor children, as such, may attach a for contempi, Justices of the Peace for failing to return lists of poor children between ages of six and eighteen, 10 . shall enter plainly in a well bound book, names of children so returned, 10 . shall have authority to pay teachers of poor children, 10 . he may hear evidence as to merit of, and pay claims for teaching, when in funds, 10 . shall do so, whether teaching was done before or after passage of this Act, and whether children so taught were returned or not, 10 . if funds deficient, must pay claims pro rata, without regard to time when teaching was done, 10 .

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must keep a correct book of accts. of moneys received and disbursed, 10 . must lay such book of acc'ts before gr.jury, when required, 11 . his commissions, for receiving and disbursing funds, 5 per cent., 10 . judgments, orders, c. of, heretofore made in admitting wills to probate, where Ordinary was interested, declared valid, 62 . all such judgments and orders hereafter to be made, shall be valid, 62 . but not in any way to interfere with right of appeal, 62 . his duties as to successors of Ex'ors, Adm'rs, and Guardians, 60 , 61 . duties of as to fund donated by will to prepare poor boys, c., for college, c., 12 . his commissions 10 per cent. for receiving and disbursing interest of such fund, 12 . fees of, 49 , 50 . Court of, in Tattnall co., October Term, to be held on second Monday, 100 . OLSIN, JESSE, messenger of Ho. of Rep's per diem pay of, 19 . extra pay of, 21 . OYSTER BEDS, Act to protect planters and owners of. 14 . PAROL TESTIMONY, admissible to prove the true grantee of land, and by whom drawn, 58 . PARTY, in suit, may be made witness by opposite party, 56 57 . See evidence, in index. ATAULA CIRCUIT, times of holding Sup'r C'ts in, 96 . AULDING COUNTY, Sup'r C'ts held in, 4th Mon. of Feb. and August, 94 . PAYMENT, banks to receive their own bills in, for debts due them, 28 . PENAL CODE, husband to beat, whip or cruelly maltreat wife, guilty of a misdemeanor, 126 . wife in such case, may be witness against husband, 126 . penalty, imprisonment in com. jail, for not over 6 months, 126 . PENITENTIARY, appropriation to buy provisions for, for 1858, 19 . inspector of for 1858, appropriation of $500 to pay, discretionary with Gov., 19 . chaplain of, for 1858, appropriation of $150 to pay, 19 . appropriation of $1,933 77 towards paying balance of account against the State for leather got by, 19 . Gov. to audit and pay acc'ts of against the State, 124 . PICKENS COUNTY, Sup'r C'ts in, held 2d Mon. in March and September, 95 . PIERCE COUNTY, laid out from Ware and Appling, Act organizing, 41 , 42 . Sup'r C'ts held in, on Friday after Court in Coffee, 42 . Inferior Courts held in, 2d Mon. in June and Dec., 42 . attached to 1st Congressional and Brunswick Jud'cl dists. and to 2d div. G. M., 41 . PLEADINGS, in Equity, 106 , 107 , 108 . See bail attachments and garnishments, in index. See also, in index, each subject of pleadings. QUIA TIMET, writs of, may be sued out, forma pauperis, 109 . POOR CHILDREN, between ages of 6 and 18, entitled to benefits of poor school fund, 10 .

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Ordinary in each county made commissioner of, 9 , 10 . See Ordinary, in index. POOR SCHOOLS, See Academies and Free Schools in index. PRACTICE, in Equity, 106 , 107 , 108 . See Equity in index. PRESIDENT, of Senate, per diem pay and mileage of, 18 . PRIMROSE GRANT, Clerks must refuse to record deeds under, 58 , 59 . PRINTER, State, advance payment to, of $5,000, 18 . PRINTING FUND, for current year, $14,000, 18 . PROCESS, how served on ex'ors and admr's, in certain cases, 102 . PROPERTY, exempt from levy and sale, one farm horse or mule, without regard to its value, exempts head of family, 64 . PUBLIC RECORDS, copy of certain rolls by Mr. B. B. DeGraffenreid, when to be taken as records, 127 . such original rolls to be placed in hands of agent of State at Washington, 128 . pay to Mr. B. B. DeGraffenreid for copying such rolls, 128 . RABUN COUNTY, exempt from provisions of the Act making Ordinary of each county commissioner of poor children, 11 . RAILROAD COMPANIES, See name of particular one in index. RANDOLPH COUNTY, Sup'r C'ts held in, 1st and 2d Mons. in May and Nov., 96 . RECEIVER OF TAX RETURNS, copies of entires in books of, admissible in evidence in certain cases, 59 . REGISTRY, of Deeds, clerks must refuse to record certain, 58 , 59 . clerk's duty in regard to such deeds, 59 . of Bills of Sale, time within which to record certain, extended 2 years, 58 . REPORTER, of daily proceedings of Legislature dispensed with, 121 . RICE, on sale of, title not to pass till paid for, 15 . persons buying and reselling before paying for, guilty of felony, 15 . penalty, imprisonment in Penitentiary from 1 to 5 years 15 . RICHMOND COUNTY, Sup'r C'ts held in, 1st Mon. in May and, Nov., 97 . ROME, criminal Court of, abolished, 113 . SALARY, of Gov. $3000, appropriation to pay, 17 . of Gov. raised to $4000, 129 . of Comp. Gen. $1600, appropriation to pay, for 1858, 17 . of Soicitors Gen., $225, appropriation to pay for 1858, 17 . of Sec'y of State $1600, appro'n to pay, for 1858, 17 . of State Treasurer, $1600, appropriation to pay, for 1858, 17 . of Surveyor Gen., $1600, appropriation to pay, for 1858, 17 . of Sec'ys of Ex. Dep't, $1250, approp'n to pay, for 1858, 17 . of Judges Supreme Court, $2500, approp'n to pay, for 1858, 17 . their salaries raised to $3500, 129 . of Judges Sup'r Courts $1800, approp'n to pay, for 1858, 17 .

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their salaries raised to $2500, 129 . of Superintendant and Resident Physician of Lunatic Asylum, $1800, appropriation to pay, for 1858, 18 . of Sec'y of Senate, $500, appropriation to pay, for 1858, 18 . of Clerk House Rep., $500, appropri'n to pay, for 1858, 18 . of Military Storekeeper at Milledgeville, for 1858, $150, 18 . of Military Storekeeper at Milledgeville for 1856-'7 $300, 20 . of Military Storekeeper at Savannah, for 1858, $300, 18 . of Inspector of Penitentiary, (if employed), for 1858, $500, 19 . of Messenger to Ex. Department for 1858, $500, 19 . of Chaplain of Penitentiary, for 1858, $150, 19 . of Sol. Gen. for services rendered in City Court of Savannah, per annum, $500, 115 . SALE, of rice, title to, not to pass to purpurchaser till paid for, 15 . re-selling without having paid for, a felony, and penalty, penitentiary from 1 to 5 years, 15 . SATILLA CANAL CO., Act incorporating, 90 , 91 . SAVANNAH, area of twenty feet square in, ceded to the U.S. Government to build a light house on, 30 . Mayor and Aldermen of, must assent to grant, 30 . such area in, if used for other purposes, will revert to city, 30 . SAVANNAH MEDICAL COLLEGE, appropriation to, of $15,000, 128 . how said appropriation may be drawn from State Treasury, 128 . one student from each Congressional dis. to be instructed in, gratis, 128 . such students to be selected by Representative of each Congressional dis., 128 . SCHLEY COUNTY, laid out from Marion and Sumter. Act organizing, 42 , 43 . Sup'r Courts, held in, 4th Monday in Feb. and Aug., 43 . Inferior Courts held in, 4th Monday in April and Oct., 43 . attached to 2d Congressional and Chattahoochee Judicial dists., and to 2d brig. of 9th div, G. M., 42 . SCHOOLS, see Academies and Free Schools, in index, also, Ordinary in index. SCRIVEN COUNTY, Sup'r Courts held in, 2d Monday in April and Oct., 97 . SEAMEN, abducting, in city of Savannah, 116 . SECRETARIES, of Ex. Dep't, appropriation to pay salaries of, for 1858, to each, (not exceeding three), $1250, 17 . SECRETARY, of State, appropriation to pay salary of, for 1858, $1600, 17 . when, and on what conditions to attach seal of State to head right grants, 120 . of Senate, per diem pay and mileage of, 18 . salary of, for 1858, $500, when and how paid, 18 . contingent expenses of, 19 . pay for clock in Senate Chamber, $12, 21 . assistant of, his pay, 18 . assistant and subordinate cl'ks of, how to be appointed in future, 122 . additional clerks of, how appointed and paid, 122 .

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SECURITY, see surety, endorsers, c., in index. SHELLROAD COMPANIES, see name of particular one, in index. SHERIFFS, fees of, 52 , 53 . bond of, in Glasscockco., $10,000, 36 . bond of, in Mitchell co., $10,000, 40 . bond of, in Wilcox co., $8,000, 47 . fees of, and how paid in City Court of Savannah, 114 , 115 . SHEWMAKE, JOS. A., appropriation to pay, of $60, 21 . SKIDAWAY SHELL ROAD CO., Act incorporating, 87 , 88 . SOLICITORS GENERAL, appropriation to pay salaries of, for 1858, to each $225, 17 . Sol. in City Court of Sav., sal. of per annum, $500, 115 . SOUTH GEORGIA AND FLORIDA R. R. CO., Act incorporating, 68 , 69 . SPARTA TELEGRAPH CO., Act incorporating, 84 . SPEAKER OF HOUSE REPRESENTATIVES, mileage and per diem pay of, 18 . subordinate and assistant clerks of, how many allowed, how appointed and paid, 122 . SPECIE PAYMENT, Gov. to withhold all proceedings against suspended specie paying ( ? ) banks, till 15th Nov., 1858, 27 . must be resumed by banks by 15th Nov., 1858, 27 . of their bills by banks, to defts, in executions in certain cases, 27 . our banks to resume on general resumption by banks out of Ga., 27 . ST. MARYS CANAL CO., incorporated, 92 . STATE BONDS, Gov. authorized to issue to pay State's subscription to Atlantic and Gulf R. R., 68 . ( see Acts of 55-'6, there referred to in note ). State Treasurer to sign 7 coupons of State bond, No. 379, 129 . STATE HOUSE, appropriation of $2,486 21, to E. Waitzfelder Co., to pay for furnishing, 20 . appropriation of $50 for cleaning, airing, c., of, 19 . guard for 1858, appropriation of $1,186 25, to pay, 19 . clock, $50 appropriated to repair and keep in order, c., during 1858, 20 . STATE LIBRARIAN, appropriation to pay salary of, for 1858, $600, 19 . STATE LIBRARY, appropriation of $1000 to purchase books for, for 1858, 19 . STATE OFFICERS, salary of Gov. raised to $4,000, 129 . sal. of Judges of Supreme Court raised to $3,500, 129 . sal. of Judges of Superior Courts raised to $2,500, 129 . State Treasurer to sign and pay 7 coupons of State bond, No. 379, 129 . STATE PRINTER, advance payment to, of $5,000, 18 . STATE TREASURER, required to notify Tax Collectors of provisions of Act of 19th Nov., 1857. must sign and pay 7 coupons on State bond, No. 379, 129 . appropriation of $1,600 for salary of, for 1858, 17 . STATIONERY, appropriation of $100, to pay for, for Clerk Sup'r Court, 20 . STATON, J. W., appropriation of $5, to, 21 .

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STEAM NAVIGATION COMP'S, see name of particular one in index. STEWART COUNTY, Inf. Ct. held in, 1st Mondays in Feb. and June, 100 . subp[oelig]nA, may be issued to party in suit at instance of the other party for form'r to give testimony, 56 , 57 . SUMNER, D. T., door-keeper of House of Representatives, per diem pay of, 19 . extra pay to, 21 . SUPERIOR COURTS, appropriation to pay salaries of Judges of, for 1858, 17 . salaries of Judges of, raised to $2,500, 129 . Gov. to commission Judges of, who failed to qualify in the prescribed time, 101 . commissions heretofore issued to such, made valid, 101 . when held in the following counties: (alphabetically set down.) Appling, 1st Monday in March and September, 97 . Burke, 3d Mondays in April and October, 97 . Butts, 2d Mondays in March and September, 98 . Camden, 3d Mondays in April and October, 97 . Catoosa, 2d and 3d Mondays in May and November, 96 . Charlton, 2d Mondays in April and October, 97 . Chattahoochee, 4th Mondays in February and August, 96 . Cherokee, 1st Mondays in March and September, 95 . Clarke, after 1st Jan., 1859, 1st Monday in Feb. and 2d Monday in August, 98 . Clay, 4th Mondays in March and September, 96 . Clinch, 4th Mondays in March and September, 97 . Cobb, 3d Mondays in March and September, 94 . and may be held two weeks, 94 . Coffee, 2d Mondays in March and September, 97 . Columbia, 1st Mondays in Mar. and September, 97 . Dade, 1st Mondays in June and December, 96 . Dawson, 2d Mondays in February and August, 94 . Early, 1st Mondays in April and October, 96 . Emmanuel, 4th Mondays in March and September, 97 . Fannin, 2d Mondays in May and October, 95 . Fayette, 2d Mondays in March and September, 99 . Forsyth, 3d Mondays in February and August, 94 . Gilmer, 1st Mondays in May and October, 95 . Glasscock, 4th Mondays in Feb. and August, 36 . Glynn, 2d and 3d Mondays in February and July, 97 . Gordon, 1st and 2d Mondays in April and October, 96 . Gwinnett, spring term, 1st Monday in March, and held two weeks, 99 . Hancock, 2d Mondays in April and October, 100 . Jefferson, 1st Mondays in June and December, 97 . Lee, adjournment to 2d Monday in Jan., 1858, made valid, 98 . Lumpkin, 1st Mondays in February and August, 94 . Miller, 2d Mondays in April and October, 96 . Milton, 1st Mondays in June and November, 95 . Mitchell, 1st Mondays in March and September, 40 . Murray, 3d Mondays in April and October, 96 . Muscogee, 2nd Mondays in May and November, 99 . Paulding, 4th Mondays in Feb. and August, 94 .

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Pickens, 2d Mondays in March and September, 95 . Pierce, on Fridays after court in Coffee, 42 . Randolph, 1st and 2d Mondays in May and November, 96 . Richmond, 1st Mondays in May and November, 97 . Schley, 4th Mondays in February and August, 43 . Screven, 2d Mondays in April and October, 97 . Stewart, 3d and 4th Mondays in April and October, 96 . Terrell, 3d Mondays in March and September, 96 . Towns, 4th Mondays in May and October, 95 . Twiggs, 4th Mondays in March and September, 95 . Union, 3d Mondays in May and October, 95 . Walker, 4th Moundays in May and November, 96 . Walton, after 1st Jan., 1859, 2d and 3d Mondays in Feb. and 3d Monday in August, 98 . Ware, 3d Mondays in March and September, 97 . Warren, to be held only for one week, 100 . Washington, 2d Mondays in March and September, 97 . Wayne, on Fridays before 2nd Mondays in Feb. and July, 97 . Webster, 1st and 2d Mondays in March and September, 96 . White, 4th Mondays in March and September, 45 . Whitfield, 4th Mondays in April and 1st Mondays in May, 4th Mondays in October and 1st Mondays in November, 96 . Wilcox, on the Friday after the 3d Mond's in Ap. and Oct., 48 . parties, witnesses, c., to attend courts as altered, 95 , 98 , 99 . all processes, precepts, c., returnable to courts as heretofore held, to be returnable to c'ts as changed, 95 , 97 , 98 , 99 . Judge of, in Cherokee circuit, must hold two weeks in Gordon and Catoosa, and draw two panels of grand and petit jurors for same, 96 . the first of such panels to serve first week, and the other to serve second week, 96 . majority of Justices of Inf. Courts in counties of Gordon and Catoosa, to draw and have summoned a panel of grand and petit jurors to serve at next terms, respectively, 96 . adjournment of Lee Sup. Court to 2d Monday in Jan. 1858, and all proceedings therein, legalized, 98 . parties in suits in, in certain cos., may have contiuances on account of change of time of holding courts, if less prepared for trial, 99 . SUPREME COURT, appropriation to pay salary of Judges of, for 1858, 17 . salary of Judges of, raised to $3,500, 129 . Clerk of, to be paid his costs in criminal pauper cases, 93 . appropriation to pay Clerk of, for stationery and advertising sittings of Courts, 20 . SURETIES, ENDORSERS, c., may make affidavit to hold principal to bail, 110 . facts to be sworn to in such affidavit, 110 . if holder fail to sue, affiant released, 110 . payment by, to pl'tff pending suit, action not to abate, but shall proceed for benefit of him making such payment, 111 . payment by, in other cases, to inure to benefit of party paying, 111 . one surety or endorser, c., paying pending suit, shall have control of judgment, against co-sureties, c., 111 .

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paying off execution, subrogated to all rights of plaintiff, 111 . see notes on page 111 , 112 . SURVEY, warrant of, in application for head right grant, on what terms to be issued, 120 . ten days notice of application for, must be given to party in possession of land, 120 . certificate of, must be furnished Sec'ry of State before he attach seal of State to grant, 120 . this Act not to apply to any former, 120 . SURVEYOR GENERAL, appropriation to pay salary of, for 1858, $1,600 17 . pay for extra services of, 20 . TATE, SAMUEL, appropriation of $5, to, 21 . TATTNALL COUNTY, the Oct. term of C't of Ordinary in, to be held 2d Monday of October, 100 . TAX, what kind of funds tax of 1857 may be paid in, 130 . State Treasurer required to receive such, 130 . Gov. may exclude bills of banks he may think not good, 130 . Treasurer to issue notice of provisions of Act of 19th November, 1857, 130 . Gov. to issue his proclamation of the same, 131 . this Act extends to State and county Treasurer, and to all officers collecting taxes and revenue of this State, c., 131 . duties of Tax Collectors as to defalt'rs and def'lt prop'rty, 131 . sec. 1. of Act of 26th Feby, 1856, repealed, 131 . sec 2. of Act of 3d March, 1856, amended, 131 , 132 . Justices of Inf. C't may allow insolvent lists in vacation, 132 . all of Act of 26th February, 1856, repealed, 132 . collector to furnish on oath list of insolvents to grand jury or to the Inf. Court, who may allow or disallow same, 132 . Inf. Court or grand juries may, before 15th December, allow insolvent lists, 132 . upon what terms and evidence insolvent lists may be allowed or disallowed, 132 . amount allowed on State and county tax must be distinguished, 132 . copy of such list to be retained by grand jury or Inf. Court, 132 . executions must be issued by Tax Col. against insolv'ts, 132 . such executions to be placed in hands of some constable in the county for collection, 132 . fees and commissions of constable for collecting, 132 . net proceeds to be paid over to clerk Inferior Court, 132 . Clerk to send same to Tres'y, 132 . TAX COLLECTOR, see Tax, in index. TAX RECEIVER, copies of entries in books of, admissible in evidence in certain cases, 59 . TAYLOR COUNTY, Inferior Cts. in, held on 2d Mondays of Feb. and Aug., 100 . TELEGRAPH COMPANIES, see name of particular one, in index. TERRAPINS, non-residents not to use sein, etc., to take, 14 , 15 . TERRELL COUNTY, ex'rs, adm'rs and guardians of, originally of Lee or Randolph, must prove exemplifications from records of old county, or be dismissed, 48 . Supr. Cts. held in, 3d Mon. in March and Sep., 96 .

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Infr. Cts. held in. 4th Mon. in May and Nov. 97. TESTIMONY, party in suit may be compelled to give, at instance of adverse party, 56 , 57 . THOMAS COUNTY, Infr. Ct. held in, 4th Mon. in Feb. and Aug., 97 . TOWNS COUNTY, Supr. Cts. held in, 4th Mon. in May and Oct., 95 . attached to the 2d brig. of the seventh div. G. M., 125 . TREASURER, State, his duties as to taxes and tax act of 1857, 130 , 131 , 132 . appropriation to pay salary of, for 1858, 17 . may pay from time to time, 75 per ct. for salaries accrued before end of quarter, 20 . must sign and pay 7 coupons on State Bond No. 379, 129 . TRUSTEES, of Ga. Academy for the Blind, to receive Gov's warrant for moneys appropriated to said institution, 11 . board of, of Georgia Military Institute, to be appointed by Governor, 64 . board to consist of not over five and neither to be a professor, 64 . their duties, powers, etc., 64 . board of, of Atlanta Medical College, to expend and lay out appropriation of $15,000 to said College, 22 . Treasurer of board, to draw his order for amt. appropriated, 22 . board of, of Savannah Medical College, to apply appropriation of $15,000, to said College 128 . appropriation may be drawn on order of president of, 128 . TURNPIKE COMPANIES, see name of particular one, in index. TURTLE RIVER AND ALTAMAHA CANAL CO. act incorporating, 92 . TWIGGS COUNTY, Supr. Cts. held in, 4th Mon. in March and Sep., 95 , 99 . UNION COUNTY, Supr. Cts. held in, 3d Mon. in May and Oct., 95 . VIGILANT HOSE CO., incorporated, 83 . WAITZFELDER, E. CO. appropriation to, of $2,950 24, for articles furnished for use of Ex. Mansion, 20 . appropriation to, of $2,486 21, for articles furnished for State House, 20 . WALKER COUNTY, Supr. Cts. held in, 4th Mon. in May and Nov. 96. WALTON, HUGH, appropriation of $64 to, 21 . WALTON COUNTY, Supr. Cts. in, after 1 st Jan. 1859, to be held 2d and 3d Mons. in Feb., and 3d Mon. in Aug., 98 . WARE COUNTY, Supr. Cts. held in, 3d Mon. in March and Sep., 97 . writs, process, etc., returnable to courts as changed, 97 . WARREN COUNTY, Supr. Cts. in, to be held only for one week, 100 . WARRENTON TELEGRAPH CO., incorporating act of, 84 , 85 . WARWOMAN TURNPIKE CO., act incorporating, 85 , 86 . WASHINGTON COUNTY, Supr. Cts. held in, 2d Mon. in March and Sep. 97. WAYNE COUNTY, Supr. Cts. held in, on Fridays before 2d Mons. in Feb. and July, 97 . WEBB, ISAAC H., appropriation to, of $5, 21 .

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WEBSTER COUNTY, Supr. Cts. held in, 1st and 2d Mons, in March and Sep. 96. WHITE COUNTY, laid out from Habersham, act organizing, 44 , 45 Supr. Cts. held in, 4th Mon. in March and Sep., 45 . Infr. Cts. held in, 4th Mon. in June and Dec., 45 . attached to Western Judicial, and 6th Cong. dist. and to 7th div. and 1st brig. G. M., 45 . WHITEFIELD COUNTY, Supr. Cts. held in, 4th Mon. in April, and 1st Mon. in May, 4th Mon. in Oct. and 1st Mon. in Nov., 96 . WILCOX COUNTY, laid out from Irwin, Dooly and Pulaski. act organizing, 46 , 47 , 48 . Supr. Cts. held in, on the Friday after the 3d, Mon. in April and Oct., 48 . Infr Cts. held in, 1st Mon. in Jan. and July, 48 . ex'rs, adm'rs and guardians residing in, formerly of Irwin, Dooly of [Illegible Text] may make returns to Ord. of new county, 47 , 48 . attached to the Southern Circuit, and 2d brig. of the 13th div G. M., 46 . WILLS, fund tendered by, to educate in Col'gs and preparatory schools thereof, how disposed of, and applied, 11 , 12 . judgments and orders heretofore made by Ordinaries admitting wills to probate, in which they were interested, declared valid, 62 . such judgments and orders on, hereafter to be made, will be legal, 62 . WILLIAMS, S. G., appropriation of $5 to, 21 . WILLS VALLEY R. R. CO., act of 31st Jan., 1854, amended, so as not to require the Wills Valley R. R. to connect with the Nashville and Chattanooga R. R., in the county of Dade, 79 . WITNESS, party in suit may be, at instance of opposite party, 56 , 57 . YOUNG AMERICA FIRE COMPANY, No. 3, act incorporating, 85 .

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INDEX TO LOCAL AND PRIVATE LAWS. ABBOTT, FRANCES, marital rights restored to, 303 . ABBOTT, FRANCIS, marital rights restored to, 299 . ACADEM'S, COLLEGES, TEACHERS OF THE POOR, c. I, ACADEMIES AND COLLEGES. Bainbridge Masonic Male Institute, incorporated, 136 . sale of academy lot of Bainbridge academy to, legalized, 136 , 137 . Bowden Collegiate Inst'e, 137 , 8 . Effingham county academy, 138 . Glynn co. acad'y, 138 , 39 , 40 , 41 . Hannah Moore Female Collegiate Institute, 41 , 42 . Hilliard Male Institute, 142 , 43 . Marietta Female College, 43 , 44 . Young Physic Medical College, 144 , 45 . Rome Female College, 145 , 46 . Cartersville Masonic Male and Female High School, 146 , 47 . Trenton academy, 147 , 48 . Washington Institute, 148 . Western Baptist Asso'n, 148 , 49 . LaGrange Collegiate Seminary, 149 . II. POOR SCHOOLS, TEACHERS, c. Act to consolidate poor school and academical funds of Madison county, 150 . laws in regard to, changed as to Gordon and Gilmer counties, 150 , 51 , 22 . Ordinary of Meriwether co. to pay certain teachers of poor children, 152 , 53 . Ordinary of Macon co., to pay certain teachers of poor children, 153 . Act of 6th March, 1856, as to Walton co., 153 . certain lot of land in Rabun co. to be sold and proceeds of sale to be added to poor school fund, 153 , 54 . ADAMS, JAMES, relief of, 318 , 19 . ALBANY, city of, charter amended, 163 . ALBANY GUARDS, certain privileges and exemptions granted to, 286 . ALLATOONA MINING CO. OF GEORGIA. incorporated, 122 , 23 . ALTAMAHA RIVER, term, months of the Altamaha river defined, 226 . Act in relation to fishing, and obstructing the passage of fish, in, 289 , 90 . AMERICUS, town of, corporate limits of, defined, 163 , 64 . ANDERSON, SARAH, marital rights restored to, 304 . APPLING COUNTY, town of Holmesville in, corporate limits of, defined and extended, 179 . APPROPRIATIONS, to Richard L Hunter for surveying the Okefenokee Swamp, of $3,500, 154 . to Augustus H. Kenan, for certain professional, legal services, conditionally, 155 . ATHENS, Georgia Equilable Insurance Co. in, incorporated, 204 , 5 , 6 .

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town of, powers of the corporate authorities of, extended, 164 , 65 , 66 . ATLANTA, city of, Act of 3d March, 1856, amending the charter of, repealed, 166 . Mechanic Fire Co. No. 2, in, members exempt from certain public duties, 287 . ATWELL, JOHN, relief of, 310, 11 . AUGUSTA, city of, work-house established in, 166 , 67 . Independent Fire Co. of, certain privileges of, extended, 201 . Justices' C'ts in, may be held two days, 270 . Engine Co. No. 5, in, certain privileges granted to, 286 . Vigilant Hose Co. in, incorporated, 83 . AVANT, SOPHIA, marital rights restored to, 299 . BAINBRIDGE ACADEMY, sale of academy lot of to Orion Lodge, legalized, 136 , 87 . BAINBRIDGE MASONIC MALE INSTITUTE, Act incorporating, 136 . BAKER COUNTY, line to be run out between the 7th dist. of Baker co. and the 3d dist. of Calhoun co., 227 . line to be run out between Baker and Calhoun counties, 228 , 29 . BALDWIN COUNTY, Act in relation to building a bridge across Oconee river in, 156 , 57 . city of Milledgeville in, Act amendatory of the several Acts incorporating, 185 . BANKS, Planters' and Mechanics Bank, relieved from payment of default tax, 319 . Cherokee Insurance and Banking Co., relieved from payment of default tax, 319 . Manufacturers and Mechanics Bank of Columbus, relieved from paym't of default tax, 319 . BARDEN WM. T., marital rights restored to, 302 . BELL MINING CO., incorporated, 228 . BENNET, ALEXANDER F. relief of, 317 , 18 . BERRIEN COUNTY, county line between Berrien and Lowndes, defined, 228 . county line between Berrien and Colquitt, defined, 228 . county line between Berrien and Irwin changed, 228 . BIBB COUNTY, the Macon Insurance and Trust Co. in, incorporated, 207 , 8 , 9 . fees of Magistrates and Constables in, 234 , 5 , 6 . city of Macon in, charter amended, 182 , 83 . road laws in, 291 , 92 . Young America Fire Co. No. 3, of the city of Macon in, incorporated, 85 . BIDDELL, MALON, allowed to peddle in Charlton co. without license, 281 , 82 . BLACK, RACHEL, and her children, declared citizens, 313 . BOATRIGHT, DREWRY, marital rights restored to, 304 . BOWDEN COLLEGIATE INSTITUTE, incorporated, 137 , 38 . State to loan certain arms to, 279 . BOWDEN, J. W., relief of, 318 . BREWER, WILLIAM, relief of, 395 , 6 . BRIDGES, FERRIES AND DAMS. I. BRIDGES. Canoochee bridge, 156 . bridge across the Oconee river near Milledgeville, 156 , 57 . II. FERRIES. Act of Feb. 20, 1854, repealed, as to Decatur co., 157 .

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III. DAMS. Levi Hollansworth and Samuel D. Echols, allowed to build dam across Chattahoochee river on their own land, 156 . William B. Wofford may build dam across Conasauga river, 287 , 88 . BRUNSWICK, charter of the city of, amended, 167 , 168 , 169 . fire and engine company of, incorporated, 200 , 201 . BRYAN COUNTY, Inf. Court of, may make the Canoochee bridge a toll bridge, 156 . Act as to patrols, of 20 Feb. 1854. repealed in, 281 . BUCHANAN, town of, incorporated, 177 , 178 . BUFFALO, village of, in Hancock co., Exec. committee of the Washington Institute in, to act as intendants of, 162 . various powers of such intendants, 162 , 163 . BURKE COUNTY, election returns in, 246 , 247 . jurors to be drawn in, 272 . Inf. Court of, may levy extra tax in, 321 . BUTTS COUNTY, Justices of Inf. Court in, may levy extra tax to build a new, or repair the old jail in, 322 . BUTTS, MRS. TALLULA ELLEN, grants may issue to, to certain lots of land, 266 . CALHOUN COUNTY, line to be run out between Baker and Calhoun, 257 , 228 , 229 . CAMDEN COUNTY, Sheriff's bond in, to be for $4,000, 254 . CAMERON, JOHN W., allow'd to practice medicine, 283 . CAMPBELL COUNTY, New Manchester Manufa'ng Co. in, incorporated 227 , 228 , 229 . county line to be run between Campbell and Fayette, 229 . jury fees in Inf. and Sup. c'ts in, how collected, c., 273 . CAMPBELL, HENRY J., relief, of 305 , 306 . CANOOCHEE BRIDGE, may be made a toll bridge, 156 . CANTON MINING COMPANY OF GEORGIA, charter amended, 215 . CARDONE, FRANCIS. eligible as a pilot in port of Darien, 284 . CARROLL COUNTY, Bowden Collegiate Institute in, incorporated, 137 , 138 . petit jurors in, how compensated, 276 . CARTERSV'LE MASONIC MALE AND FEMALE HIGH SCHOOL, incorporated, 146 , 147 . CATOOSA COUNTY, town of Ringgold in, Act in relation to, 190 . fees of witnesses in Justices cr'ts and of Just's of Peace in, 270 . grand and petit jurors, by whom and when drawn in, 96 . CASS COUNTY, Clayton mining company in, incorporated, 216 , 217 . Allatoona mining company in, incorporated, 222 , 223 . feloniously taking and carrying away trees in, for purpose of selling same, made penal, 253 . Act providing for removal of county site of, 256 , 257 , 258-9 . iron masters in, not to be taxed on the pig-iron they make at their furnaces, 322 . CHARITABLE INSTITUTIONS AND CHURCHES, United Hebrew Society of Macon act incorporating, 158 , 159 . Green Pulaski Monument Fund addition'l Com'r of, ap'nt'd, 159 Savannah Seamen.s Friend Society Act incorporating, 159 , 160 .

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Act incorporating Coffee Lodge, No. 193, of Telfair county, 160 . LaFayette Lodge, No. 44, of Forsyth county, 161 . Canton Lodge, No. 77, of Cherokee county, 161 . Act incorporating Ocoee Lodge, No. 201, in Fannin county, 161 . Travelers Rest Lodge, No 65, 161 . Houston Lodge, No. 98, in Heard county, 162 . Twiggs Lodge, No. 164, in Twiggs county, 162 . Florida Baptist Convention, 162 . Washington School or Institute, 162 . CHARLTON COUNTY, where clerks of Sup. and Inferior Cts of may keep their offices in, 248 . Malon Biddell allowed to peddle in, without license, 281 , 282 . CHATHAM COUNTY. Act giving the election of cn'ty [Illegible Text] to the people, rep'd, 237 . fees of Sheriffs and Deputy Sheriffs in, 237 . road and patrol commissioners in, their powers, c., 247 , 248 . Sol. Gen. in, his fees, c., 248 . city of Savannah in, work-house established in, 166 , 167 . city of Savannah in, certain rights of wharf head granted to, 191 . fees of justices of the peace and and constables in, 269 . CHATTAHOOCHEE COUNTY, pay of jurors in, 275 , 276 . CHEROKEE COUNTY, Canton mining comp'ny in, charter amended, 215 . Pascoe mining company in, incorporated, 120 , 121 , 122 . Bell mining company in, incorporated, 123 . Canton Lodge in, incorporated, 160 , 161 . line changed between Cobb and Cherokee, 229 . CHEROKEE INSURANCE AND BANKING COMPANY, relieved from default tax, 319 . CITIES AND TOWNS, see each one by name in index CLARKE COUNTY, Georgia Equitable Insurance Co. 150 , 151 , 152 . of Athens in, incorporated, 204 , 205 , 206 . town of Athens in, powers of corporate authorities of, extended, 164 , 165 , 166 . public administrator to be elected in, 264 . CLARKE, JAMES, adm'r of Jos. White, dec'd, anthorized to sell at private sale, certain slaves of estate, 264 . CLARK, ELIZABETH, relief of, 306 . CLAY COUNTY, poor school system in, changed, 248 , 249 . CLAYTON MINING CO., incorporated, 216 , 217 . CLINE, JOEL P., marital rights restored to, 301 . COBB COUNTY, county line between Cobb and Cherokee, changed, 229 . county line between Cobb and Paulding, changed, 229 . COFFEE COUNTY, line established between Coffee and Irwin, 230 . poor school system in, changed, 249 . COFFEE, PETER H., relief of, 305 , 306 . COGBURN, JOHN A., adrm. of John Newsome, dec'd, relief of, 307 . COLEMAN, ELIZABETH, colored woman, act for relief of, 310 . COLE, PETER, relief of, 312 . CCLQUITT COUNTY, line changed between Colquits and Worth, 133 .

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bond of Sheriff in, reduced to $5,000, 237 . Clerk of Supr. Ct. in, to be Clerk of Infr. Ct. also, 238 . camp-hunting in. by non-residents, prohibited, 249 . COLUMBIA COUNTY, on certain [Illegible Text] Clerk of Supr. Ct. of, to be Clerk of Infr. Ct. in, 238 . Justices of Infr. Ct, in, may issue bonds and levy extra tax, 322 . COLUMBUS, city of, charter amended, 170 . as to inmates of lewd houses in, 170 , 171 . CONYERS, town of, old Acts incorporating, revived, 171 . COOPER, WILLIAM A., heirs and legal representatives of, released from certain tax execution, 297 , 298 . CORPORATIONS. I. FIRE COMPANIES. Brunswick Fire and Engine Co., incorporated, 200 , 201 . Diligent Firemen of LaGrange, incorporated, 201 . Augusta Independent Fire Co., certain privileges extended to, 201 . II. INSURANCE COMPANIES. Atlanta Insurance Co., incorporated, 202 , 203 , 204 . Georgia Equitable Insurance Co., incorporated, 204 , 205 , 206 . Macon Insurance and Trust Co., incorporated, 207 , 208 , 209 . Rome Mutual Insurance Co., incorporated, 210 , 211 , 212 , 213 . III. MANUFACTURING COMPANIES. Oconce Mills Company, Curtwright Manufacturing Company changed to. 213 , 214 . New Manchester Manuf'g Co., incorporated, 214 . Sweet Water Manufacturing Co., charter of, revoked to certain extent, 214 . IV. MINING COMPANIES. Canton Mining Co., charter of, amended, 215 . Clayton Mining Co., act incorporating the, 216 , 217 . Fulton Mining, Smelting and Manufacturing Co., incorporated, 217 , 218 , 219 . Nacoochee Hydraulic Mining Co., act incorporating the, 219 , 220 . Pascoe Mining Co. of Georgia, incorporated, 220 , 221 , 222 . Allatoona Mining Co. of Ga., incorporated, 222 , 223 . Bell Mining Co. of Georgia, incorporated, 223 . Spring Place Mining Co., act incorporating the, amended, 223 . Southern Copper Mining Co., incorporated, 224 , 225 . V. STEAM SAW MILLS. act in relation to, in certain localities, 225 , 226 . term, mouths of the Altamaba river, defined, 226 . COUNTY LINES, between Baker and Calhoun, 227, 228, 229 . Berrien and Colquitt, 228 . Berrien and Irwin, 228 . Berrien and Lowndes, 228 . Campbell and Fayette, 229 . Cobb and Cherokee, 229 . Cobb and Paulding, 229 . Coffee and Irwin, 230 . Dawson and Pickens, 231 . Heard and Coweta, 232 . Jefferson and Emmanuel, 229 . McIntosh and Liberty, 230 , 231 . Marion and Taylor, 232 . Rabun and Towns, 232 . Western line of Taylor established, 233 . Worth and Colquitt, 233 .

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COUNTY OFFICERS, see each county in index. COUNTY REGULATIONS, see each county in index. COUNTY SITES, see each county in index. COURTS, for time of holding Supr. and Infr. Cts., see index to Public Laws. COWETA COUNTY, line changed between Coweta Heard, 232 . CRAWFORD, CALVIN J., relief of, 315 . CROCKER, JAMES, act for relief of, 319 . CROCKER, NEWTON, allowed to peddle in Pataula Circuit without license, 282 . DALLAS, town of, act in relation to, 172 , 173 . DAWSON, town of, incorporated, 173 , 174 , 175 . DALLAS, WM. L., marital rights restored to, 302 . DAMS, Levi Hollansworth and Sam'l D. Echols, authorized to build a dam across the Chattahoochee river, on their own land, 156 . William B. Wofford, authorized to build a dam across the Conasauga river, 287 , 288 . DOUGHERTY COUNTY, charter of city of Albany in, amended, 163 . probate by Ord'y of, of will of Felix G. Edwards, dec'd valid, as to jurisdiction, 261 . jurors to be drawn in, 273 . pay of jurors in, 275 , 276 . DAVIS, JESSE M., relief of, 317 , 318 . DAWSON COUNTY, line between Dawson and Pickens changed, 231 . bond of Shff. of, to be for $7,000, 241 . bond of Cl'k Supr. Ct. of, to be for $4,000, 241 . bond of Ordinary of, to be for $4,000, 241 . bond of Clk, Infr. Ct. of, to be for $3,000, 241 . bond of Coroner of, to be for $2,000, 241 . bond of county Treasurer of, to be for $6,000, 241 . and each bond to have two or more good securities, 241 . DECATUR COUNTY, county Treasurer of, to be elected by the people, 238 , 239 . Tax Collector and Tax Receiver of, to be elected on 1st Mon. in Jan., 1858, and biennially thereafter, 239 superintendants, clerks, etc., of elections in, to be paid. 249 . how accounts may be proved in Justices' Cts. in, 271 . and laws in, 292 . DEER, killing female deer in certain seasons, in Glynn co., prohibited, 252 . similar provisions as to killing any kind of deer in certain months, in Scriven co., 253 , 254 . DELLENGER, ELI, relieved from the penalties of bigamy or adultery, and his marriage with Elizabeth Smith legalized, 303 . DENT, JAS, E., ex'r of Wm. B. W. Dent, dec'd, may sell at private sale, lands of the estate, 260 , 261 . DENT, JOHN T., ex'r of Wm. B. W. Dent, dec'd, may sell lands of estate at private sale, 260 , 261 . DILIGENT FIREMEN OF LA-GRANGE, incorporated, 201 .

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DOOLY COUNTY, town of Vienna in, incorporated, 197 , 198 . Act of 22d Jan. 1852, extended to, 270 , DUKE, HENRY, marital rights restored to, 302 . DUPREE, GEO. W., marital rights restored to, 302 . EARLY COUNTY, cutting and hauling off timber from lands in, without consent of owners, made penal, 250 . EASOM, A. J., to be paid for teaching poor children, 153 . ECHOLS, SAM'L D., and Levi Hollansworth, athorized to build a dam across Chattahoochee river, in Heard co., on their own land, 156 . EDMONDSON, JAMES, act for relief of, 308 , 309 . EDWARDS, FELIX G., probate of will of, declared valid as to jurisdiction, 261 . EDWARDS, JOHN P., appointed to examine tax digest of Walton co., for 1853, 308 . EFFINGHAM COUNTY, act of March 5th, 1856, repealed as to, 320 . EFFINGHAM CO. ACADEMY, act of 4th March, 1856, authorizing election of trustees of, repealed, 138 . ELBERT COUNTY, election returns in, 246 , 247 . town of Elberton in, act in relation to, 175 , 176 . ELBERTON, town of, act in relation to, 175 , 176 . ELECTIONS, see each county in index, for local laws in regard to. ELLIS, JOSEPH B., relief of, 314 . EMMANUEL COUNTY. line between Emmanuel and Jefferson, established, 229 . persons prohibited from poisoning water courses in, 249 , 250 . town of Swainsboro in, incorporated, 192 . EXECUTORS, ADMINIST'RS, ORDINARIES, c., executors of Wm. B. W. Dent, deceased, 260 , 261 . admin'r of Benj. T. Bethune, deceased, 261 . probate of will of Felix G. Edwards, deceased, 261 . administrators of James H. Mc Henry, deceased, 262 . executor of Andrew J. Colson, deceased, 262 . executor of John R. Felton, deceased, 263 . adm'r of Jos. White, dec'd, 264 . Ordinary of Miller co., 263 . a public administrator to be electin the co's of Thomas, Muscogee, Clarke and Greene, 264 . letters of admiuistration to be granted to J. L. Woodward, without security, 265 . FANNIN COUNTY, treasurers of school districts in, when elected, 250 . Ocoee Lodge in, incorpt'ed, 161 , pay of jurors in, 275 , 276 . FAYETTE COUNTY, line between Campbell and Fayette, to be run out and established, 229 . FELTON, NOAH, of Ala., may qualify and act as ex'r of J. R. Felton, dc'd. 263 FLORIDA BAPTIST CONVENTION, incorporated, 162 . FLOYD COUNTY, Rome Female College, of Rome in, incorporated. 145 , 146 . Rome Mutual Insurance Co., of Rome in, incorporated, 210 , 211 , 212 , 213 .

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Act to enable Floyd co. to aid in building the Ga. and Ala. R. Road, 251 . city council of Rome in, may subscribe for stock in the Ga. an 1 Ala. R. R., 191 . FORSYTH COUNTY, LaFayette Lodge in, incorporated, 161 . FORT VALLEY, town of, Act amending the incorporating Act of, 177 . FRANKLIN COUNTY, Act of 20th Feb., 1854, in relation to patrol laws, repealed in, and former laws as to, revived, 280 . FULLER, JEFFERSON, to be paid for teaching poor children, 152 , 153 . FULTON COUNTY, Atlanta Insurance Co. in, incorporated, 202 . 203 , 204 . Fulton Mining, Smelting and Manufacturing Co. in, incorporated, 217 , 218 , 219 . city of Atlanta in, Act of 3d Mar. 1856, amendatory of the charter of, repealed, 166 . GAFFORD, JEREMIAH, marital rights rest'd to, 298 , 299 . GAY, MITCHELL, marital rights restored to, 303 . GILMER COUNTY, poor school system in, changed, 150 , 151 , 152 . GLYNN COUNTY, laws as to poor school system in, changed, 150 , 151 , 152 . clerks and sheriffs of, may collect their fees at each term, 339 , 340 . killing female deer in, in certain seasons, prohibited, 252 . charter of city of Brunswick in, amended, 167 , 168 , 169 . road laws in, amended, 292 GLYNN COUNTY ACADEMY, Acts in regard to, 138-39-40-41 . GORDON COUNTY. laws in relation to poor school system in, chang'd, 150-51-52 Justices of the Inf. [Illegible Text], may levy extraordinary tax, 323 . grand and petit jurors, by whom and when drawn in, 96 . GORDON, WILLIAM L., marital rights restored to, 300 . GRANTS, grant may issue to T. E. Butts, 266 . Raymond Thomassy may use certain land on Tybee Island, for salt works, 267 . GREENE COUNTY, public administrator to be elected in, 264 . GREEN AND PULASKI MONUMENT FUND, Geo. T. Robertson, Jr., confirmed as commissioner of, 159 . GREEN, BALUS, marital rights restored to, 302 . GREER, WILLIAM H., relief of, 318 . GRIFFIN, city of, powers of city authorities to remove inmates of lewd houses in, 170 , 171 . GRIFFIN LIGHT GUARD, certain privileges and exemptions granted to, 285 , 286 . GROOVER, SARAH, restored to marital rights, 300 . GWINNETT COUNTY, patrol Act of 1854, repealed as to, 252 . GUNBY, ROBT. M., adm'r of Benj. T. Bethune, de'd, may sell at private sale, lands belonging to estate, 261 . HABERSHAM COUNTY, the Nacooche Hydraulic mining Co. in, incorporated 219 , 220 . certain superint'de'ts of elections in, to be compensated, 246-47 . HAMBY, JAMES, relief of, 315 .

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HANCOCK COUNTY, Act regulating the granting of retail license in, 252 , 253 . village of Buffalo in, Act in relation to, 162 , 163 . Montour village in, incorp., 186 . HANNAH MORE FEMALE COLLEGIATE INSTITUTE, incorporated, 41 , 42 . HARALSON COUNTY, offices of clerk Sup. and Inf. C'ts in, consolidated, 240 . Sheriffs bond in, to be for $4,000, 254 . town of Buchanan in, incorporated, 177 , 178 . HARDRICK, JAMES, residence of, to be included in Worth Co., 233 . HARDRICK, THOMAS, residence of, to be included in Worth Co., 233 . HART COUNTY, pay of jurors in, 275 , 276 . HART, SOLOMON, relief of, 312 . HEARD COUNTY, line changed between Heard and Coweta, 132 . persons carrying up election returns in, to be compensated, 246 , 247 . Houston Lodge in, incorporated, 162 . Act of 17th Feb., 1854, authorizing paying jurors in, repealed, 274 . Levi Hollansworth and Sam'l D. Echols may build dam across Chattahoochee river, on their own lands in, 156 . HILLIARD MALE INSTITUTE, incorporated, 142 , 143 . HILL, WESLEY, residence of, to be included in Taylor co., 232 . HOFF, HENRY P., his disabilities removed and authorized to marry, 301 . HOLLANSWORTH, LEVI, and Sam'l D. Echols, authorized to build dam across Chattahoochee river, in Heard co., on their own lands, 156 . HOLLIDAY, WILLIAM C., made eligible to marry again, 304 . HOLMESVILLE, town of, corporate limits of extended and defined, 179 . HOUSTON COUNTY, town of Fort Valley in, charter amended, 177 . passage of fish in water courses of, not to be obstructed, 288 . HOUSTON LODGE, incorporated, 162 . HUDSON, ANDREW J., marital rights restored to, 303 , 304 . HUNTER, RICHARD L., appropriation to, of $3,500, 154 . HUTTO, MARTIN, security on Tax Collector's bond released from paying fi. fa., 297 , 298 . INCORPORATIONS, see each company or body politic by name, in index. INFERIOR COURTS, for times of holding, see in index to Public Laws, each county, by name. INGRAHAM, MATHEW G., marital rights restored to, 302 . INTERNAL TRANSPORTATION, see index to Public Laws. IRWIN COUNTY, line between Irwin and Berrien changed, 228 . line between Irwin and Coffee established, 230 . town of Irwinville in, incorporated, 179 , 180 . road laws in, 296 . IRWINVILLE, town of, incorporated, 179 , 180 . IVEY, HENRY, relief of, 315 . JACKSON COUNTY, election returns in, 246 , 247 .

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JASPER, town of, incorporated, 180 , 181 . JASPER COUNTY, Act authorizing W. H. Head to continue to act as Sheriff in, till next regular election, 240 . jury fees how collected in, 274 , 275 . pay of petit jurors in, 276 . JEFFERSON COUNTY, line established between Jefferson and Emmanuel, 229 . JOHNSON, JOHN W., marital rights restored to, 302 . JOHNSON, W. W., allowed to practice medicine, 283 . JOHNSTON, BENJ., excessive tax paid by, to be refunded to, 317 . JONES, LEWIS, relief of, 312 . JONES, N. J., relief of, 318 . JURORS, see each county in index. JUSTICES OF THE INF'R C'TS. see the particular county in index. JUSTICES OF THE PEACE, in 872d dis., G. M., may hold Court from day to day, 268 . 1005th dis., G. M., established, c., 268 , 269 . sec. 3d of Act of 17th Feb., 1854, amended, 269 . fees of, and Constables, in Chatham co., 269 . fees of witnesses in Courts of, in Catoosa co., 270 . fees of Justices of the Peace in Catoosa co., 270 . provisions of Act of 22d Jan., 1852, extended to Dooly co., 270 . in Augusta, Richmond co., may hold Court two days, 270 . in the 1154th dis., G. M., when may hold their Courts, 270 , 271 . how accounts may be proved in Jus.' C'ts in Decatur co., 271 . length of each term of Justices' Courts in the 655th dis., G. M., 271 . KENAN, AUGUSTUS H., conditional appropriation to, 155 KILGO, THOMAS H., exempt from certain public duties, 286 , 287 . LAPLEY, MEEDY, marital rights restored to, 303 . LAGRANGE, town of, in Troup co., election of officers in, 181 . Collegiate Institute of, 149 . Justices' Courts may be held 3 days in, 271 . Diligent Firemen of LaGrange incorporated, 201 . Southern Female College of charter amended, 148 , 149 . LEE COUNTY, prohibiting the selling of marks and brands of stock running at large in, 253 . LEE, MARY ANN, marital rights restored to, 302 . LIBERTY COUNTY, line between Liberty and McIntosh established, 230 . LINCOLN COUNTY, Clerk Superior and Inferior C'ts of, may act as Justices of the Peace in, 241 . LITTLE RIVER, Act in relation to catching or obstructing the passage of fish, in, 289 , 290 . LOTTERIES, Fort Gaines Academy Lottery, 277 , 278 . LOWNDES COUNTY, county line established between Lowndes and Berrien, 228 . LUMPKIN, town of, charter amended, 182 . LUMPKIN CO., Act as to the official bonds to be given by the various county officers of, 241 . road laws in, 292 .

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MADISON, town of, incorporating acts amended, 183 , 84 . MADISON COUNTY, academic and poor school funds of, consolidated, 150 . MACON, Macon Insurance and Trust Co. in, incorporated, 207 , 8 , 9 . city charter amended, 182 , 83 . Young America Fire Co. No. 3, of the city of Macon, incorporated, 85 . MACON COUNTY, Ordinary of, to pay certain teachers of poor children, 153 . town of Marshallville in, corporate limits extended, 184 . Ordinary of, may grant letters testamentary to N. Felton of Ala., 263 . MACON INSURANCE TRUST COMPANY. incorporated, 207 , 8 , 9 . MANUFACTURERS' MECHANICS' B'K OF COLUMBUS, relieved from default tax, 319 . MARIETTA FEMALE COLLEGE, incorporated, 143 , 44 . MARION COUNTY, line changed between Marion and Taylor, 232 . MARITAL RIGHTS, See name in index, of each person restored to. MARSHALLVILLE, town of, corporate limits extended, 184 . MASONIC LODGES, See each one by name in index. MECHANIC FIRE CO. NO. 2, members of exempt from certain public duties, 287 . MERIWETHER COUNTY, Ordinary of, to pay James Render and Jefferson Fuller for teach'g poor child'n in, 152 , 53 . McGAUGHEY, THOMAS J., Act for relief of, 307 . McHENRY, JOHN G., adm'r of James McHenry, dec'd., may purchase and work a farm for benefit of widow and children of dec'd., 262 . McINTOSH COUNTY. line between McIntosh and Liberty, established, 230 . McKINLY, GEORGE, relief of, 314 . McWALKER, ALLEN, letters of administration on estate of, may be granted to John L. Woodward without his giving security, 265 . MILLEDGEVILLE, city of, Act amendatory of the several Acts in relation to, 185 . MILLEDGEV'LE TELEGRAPH COMPANY, See index to public laws. MILITARY, certain arms to be loaned to the Bowden Col'gte Institute, 279 , Putnam Rifles, incorp'd 279 , 80 . MILITIA DISTRICTS, citizens of G. M. districts, Nos. 994 and 995, exempt from mustering, 287 . MILLER COUNTY, county Treasurer in, to be elected by the people, 241 , 42 . Ordinary of, required to keep his office open only on Mondays and Thursdays, 263 . MILLER JOHN W., residence of, to be included in Cobb co., 229 . MILLER, THOMAS J., marital rights restored to, 300 . MILTON COUNTY, provision for electing certain county officers in, 190 . MONTGOMERY COUNTY, Act providing for removal of county site of, 259 , 60 . Act of 20th Feb. 1854, as to patrols, repealed in, 281 . MONTGOMERY, JOHN S., relief of, 318 . MONROE, DANIEL P., residence of. to be included in Dawson co., 231 . MONTOUR VILLAGE, incorporated, 186 .

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MORGAN, ALEXANDER U., his marriage with Amanda Smith, legalized, 301 . MORROW, NANCY, restored to marital rights, 299 , 300 . MURRAY COUNTY, county Treasurer of, required to pay Alex. Martin $69 63, for jury scrip, 242 . poor school system changed in, 248 , 49 . jurors to be compensated in, 274 . MUSCOGEE COUNTY, city of Columbus in, charter amended, 170 . Mayor or Mayor and Aldermen of, may remove inmates of lewd houses, 170 , 71 . public administrator to be elected in, 264 . NACOOCHEE HYDRAULIC MINING CO., incorporated, 119 , 20 . NEW MANCHESTER MANUFACTURING COMPANY, incorporated, 214 . NEWNAN, GEO. W., marital rights restored to, 305 . NEWSOM, JOHN, Act for relief of estate of, 307 . NEWTON COUNTY, incorporating Acts of the town of Conyers in, revived, 171 . NOWELL, WM. W., appointed to examine tax digest of Walton co., for the year 1853, 308 . OCHLOCKNEY RIVER, Act in relation to taking, or obstructing the passage of fish, in, 289 , 90 . OCMULGEE RIVER, Act in relation to catching, or obstructing the passage of fish, in, 289 , 90 . OCOEE LODGE, incorporated, 161 . OCONEE MILLS COMPANY, name of Curtwright Manufacturing Co., changed to, 213 , 14 . OCONEE RIVER, Act to provide for building a bridge across, near Milledgeville, 156 , 57 . Act in relation to fishing, or obstructing the passage of fish, in, 289 , 90 . OKEFENOKEE SWAMP, appropriation of $3,500 to Richard L. Hunter to pay for survey of, 154 . OLIVER, WILLIAM, marital rights restored to, 302 . OLLIFF, JAMES, marital rights restored to, 303 . ORION LODGE NO. 8, sale to, of Academy lot of Bainbridge Acad'y legalized, 136 , 7 . incorporated in name of Bainbridge Masonic Male Institute, 136 . PARKER, LOUISA, marital rights restored to, 302 . PASCOE MINING COMPANY OF GEORGIA, incorporated, 220 , 221 , 222 . PATROL LAWS, Act of 1854 repealed as to Gwinnett county, 252 . Act of 1854 repe'ld as to Franklin county, 280 . Act of 1854 repealed as to Walton county, 281 . Act of 1854 repealed as to Montgomery county, 281 . Act of 1854 repealed as to Bryan county, 281 . Act of 1854 repealed as to Ware county, 281 . PAULDING CO., line changed between Paulding and Cobb, 229 . town of Dallas in, Act in relation to, 172 , 173 . PEDLERS, Malon Biddell may peddle in Charlton co., 281 , 282 . Mark Rigell and Newton Crocker may peddle in the Pataula circuit, 282 . license to peddle in Worth co.. how granted, 282 .

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PHYSICIANS, Persons authorized to practice medicine and charge for same: B. C. Smith of Elbert co., 283 . J. W. Cameron, Colquitt co., 283 . W. W. Johnson, of Hancock co., 283 . PICKENS CO., line between Pickens and Dawson, changed, 231 . offices of tax collector and tax receiver in, consolidated, 242 . town of Jasper in, incorp, 180-81 . PILOTS AND PILOTAGE, Francis Cardone, eligible as a pilot for port of Darien, 284 . Act as to, in port of St. Marys, 284 , 285 . PLANTERS AND MECHANICS BANK, relieved from default tax, 319 . POOL, A. J., relief of, 318 . POULLAIN, THOMAS N., adm'r of J. H. McHenry, dec'd, may purchase and work a farm for benefit of widow and children of deceased, 262 . PRESTON, town of, commissioners appointed for, 187 , 188 , 189 , 190 . PRIVILEGES EXEMPTIONS, see each subject of privileges or exemptions, in index. PULASKI CO., passage of fish in Big creek in, not to be obstructed, 288 . PULASKI MONUMENT FUND, see Green and Pulaski Monument Fund, in index. PUTNAM RIFLES, incorporated, 279 , 280 . QUIN, CALVIN, relief of, 305 , 306 . RABUN CO., line between Rabun and Towns to be run out and estab., 232 . Sheriff of, to sell certain lots of land in, 153 , 154 . RABUN, RUFUS, relief of, 314 . RADFORD, JOHN P., relief of, 318 . RENDER, JAMES, to be paid for teaching poor children, 152 , 153 . RICHMOND CO., certain privileges extended to the Augusta Independant Fire Co. in, 201 . feloniously taking and carrying away trees in, for the purpose of sel'ng same made penal, 253 . Act as to liquors or intoxicating drinks at the poor house precinct in, on election days, 255. city of Augusta in, work-house established in, 166 , 167 , city of Augusta in, Justices Cr't in, may be held two days, 270 . Vigilant Hose Co., of Augusta in, incorporated, 83 . RIGELL, MARK, allowed to peddle in Pataula circuit without license, 282 . RINGGOLD, town of, Act in relation to, 190 RIVERS, see name of each, in index. ROAD LAWS, see each county, in index, for local laws in same. ROBERTSON, GEO. T. JR., his previous appointm't as commissioner of the Green and Pulaski Monument, Fund, confirmd, 159 . ROME, Rome Female College in, incorporated, 145 , 146 . city council of, may subscribe for stock in Ga. and Ala. R. R., on certain conditions, 191 . ROUNDTREE, JAMES, residence of, to be included in Lowndes co., 228 . ROUNDTREE, WEST, residence of, to be included in Lowndes co., 228 . ROWE, ANDREW T., relief of, 311 .

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SAVANNAH, Savannah Seamen's Friend Society in, incorporated, 159-60 . work-house estab'd in, 166-67 . certain rights of wharf head granted to, 191 . SAVANNAH RIVER, Act in relation to fishing, or obstructing the passage of fish, in certain portions of, 290 , 291 . SAVANNAH SEAMEN'S FRIEND SOCIETY, incorporated, 159 , 160 . SCRIVEN CO., killing deerin, in certain months, prohibited, 253 , 254 . SIRMONS, JOHN, relief of, 314 . SLAVES, see each county, in index, for local Acts in regard to. SMITH, B. C., allowed to practice medicine, 283 . SMITH, C. C., relief of, 305 , 306 . [Illegible Text] JOEL T., marital rights restored to, 299 . SOUTHERN COPPER MINING COMPANY, incorporated, 124 , 125 . SOUTHERN FEMALE COLLEGE OF LAGRANGE, charter of, amended, 148 , 149 . LOWDEN, WILLIAM, to be paid for teaching poor children, 153 . SPAIN, JOHN W., relief of, 316 . SPELL, SUSAN, marital rights restored to, 299 . [Illegible Text] PLACE MINING CO., charter of amended, 223 . [Illegible Text] SAW MILLS, Act in relation to, in certain localities, 125 , 126 . STEWART CO., retail license in, regulated, 254 . town of Lumpkin in, charter of, amended, 182 . pay to jurors in, 276 . STOKES, SILAS, to be paid for teaching poor children, 153 . STROMAN, JACOB, half brothers and sisters of, to heir his estate, 296 , 297 . SUMTER CO., corporate limits of town of Americus in, defined, 163 , 164 . pay of Jurors in, 275 , 276 . SUMTER LIGHT GUARDS, certain privileges and exemptions of, 286 . SUPR. AND INFR. CTS,, for times of holding, see each county in index to Public Laws. SUTTON, JOHN C., heirs and representatives of, released from certain tax executions, 297 , 298 . SWAINSBORO, incorporated, 192 . SWINNEY MORGAN, to be paid for railroad scrip in his possession, 316 , 317 . TALIFERRO CO., Act in regard to slaves and free persons of color in, 320 , 321 . TAYLOR CO., line changed between Marion and Taylor, 232 . provisions to run the Western line of, 233 . TAX, securities of Tax Collector of Walton county, for 1853, to be relieved in a certain way, 308 . see each county in index, for Local Tax Laws. TEAGUE, ALEXANDER, marital rights restored to, 302 . TELFAIR CO., cutting and hauling off timber from lands in, without consent of owner, made penal, 250 . Treasurers in school districts in, when elected, 250 . TERRELL CO., town of Dawson in, incorporated, 173 , 174 , 175 .

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Infr. Ct. of, may issue bonds for certain purpose, 267 . THOMAS CO., town of Thomasville in, incorporated, 195 , 196 , 197 . road laws amended as to, 254 . public administrator to be elected in, 264 . pay of jurors in, 275 , 276 . THOMAS, ELIZABETH, Act for relief of, 309 , 10 . THOMASTON, incorporated, 193 , 94 , 95 . eating houses must not be kept in, by slaves or free persons of color, 199 . THOMASVILLE, to amend the Act incorporating, 195 , 96 , 97 . THOMASSY, RAYMOND, may use certain lands on Tybee Island, 267 . TOOKE, JOSEPH, Ex'r of A. J. Colson, dec'd. certain powers given to, 262 . TOWNS COUNTY, line between Rabun and Towns to be run out and established, 232 . Sheriff's bond in, to be for $4,000, 254 . TRAVLERS REST LODGE, incorporated, 161 . TRENTON ACADEMY, trustees authorized to sell academy building and lot, 147 , 48 . TROUP COUNTY, city of West Point in, J. C. Whitner and S. T. Whitaker made Notary Publics in, 242 , 43 . charter of amended, 198 . city of LaGrange in, election of city officers. 181 . TURNER RICHARD, relief of, 312 . TURNER, THOMAS, marital rights restored to, 302 . TWIGGS LODGE, incorporated, 162 . UPSON COUNY, town of Thomaston in, incorporated, 193 , 94 . slaves and free persons of color not allowed to keep eating houses and eating tables in, 199 . jury fees how collected in, 274 , 75 . UNION COUNTY, officers of tax Collector and tax Receiver in, consolidated, 243 . Justices of the Inf. C't in, may levy an extra tax on certain conditions, 323 , 24 . UNITED HEBREW SOCIETY OF MACON. incorporated, 158 , 59 . VIENNA, town of, incorporated, 197 , 98 . VIGILANT HOSE, CO., Act incorporating, 83 . WALKER, JOSEPH, residence of to be included in Irwin co., 228 . WALTON COUNTY, Act of 6th of March, 1856, repealed as to, 153 . Act of 20th February, 1854, in relation to patrols, repea in, 281 . securities of tax Collector of, for 1853, to be relieved, 308 . WARE COUNTY, Clerks of Superior and Inf. C'ts of, to keep their offices at or within one mile of Court House, 255 . Act of 20th Feb., 1854, as to patrols, repealed in, 281 . WARREN COUNTY, slaves and free negroes in the town of Warrenton in, not allowed to keep eating houses or eating tables in, 199 . jurors in, how drawn, c., 272. Act in regard to slaves and free persons of color in, 320 , 21 . WARRENTON, eating house and eating table not to be kept in, by slave and free persons of color, 199 . WASHINGTON INSTITUTE, incorporated, 148 .

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WILCOX, WOODSON, relief of, 305 , 306 . WILLIAMS, JAMES E., relief of, 311 . WILLIAMS, REUBEN S., relief of, 313 . WILLIAMS, THOMAS B., marital rights restored to, 302 . WOFFORD, WM. B., authorized to build dam across the Conasauga river, 287 , 288 . WOODWARD, JOHN L., may administer on estate of Allen McWalker, deceased, without giving security, 265 . WORTH CO., line between Worth and Colquitt changed, 233 . itinerant traders or pedlers in, 282 . road laws in, 296 . WYNN, WILLIAM T., residence of, to be included in Cobb co., 229 . YOUNG AMERICA FIRE CO., NO. 3., of Macon incorporated, 85 . YOUNG, DAVID, marital rights restored to, 303 . YOUNG PHYSIC MEDICAL COLLEGE, incorporated, 144 , 145 . WAYNE COUNTY, county Treasurer of, to be elected by the people, 243 . road laws in, 293 , 94 , 95 , 96 . Justices of the Inf. C't in, may levy extra tax for Court House purposes, 324 . WEBSTER COUNTY, town of Preston in, Comm'rs appointed for, 187 , 88 , 89 , 90 . WELLS, BERRY, residence of, to be included in Lowndes co., 228 . WESTERN BAPTIST ASSOCIATION, incorporated, 148 , 49 . WEST POINT, charter of amended, 198 . WHITEHEAD, ZACHARIAH, marital rights restored to, 302 . WHITFIELD COUNTY, Act in relation to constable's bonds in, 244 . Act in relation to county treasurer's bond, c. in, 245 . paying jurors in, 275 , 76 . WHORDEN, JAMES M., relief of, 318 .

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INDEX TO THE RESOLUTIONS. ANDERSON, YOUNG J., in reference to the Supplemental Digest of, 332 , 333 . ARMORY, efforts to be made to have an armory established somewhere between Atlanta and Dalton, by the U.S. Government, 329 , 330 . ARMS, Georgia relinquishes all claims a gainst Texas for pay for arms taken by Mexico at the massacre of Goliad, 327 , 328 . BANK OF THE STATE OF GA., for election of director for, 331 , 332 . BOUNTY LAND, for soldiers called out by Act of Dec. 26th, 1837, 328 . to procure the passage of an Act altering the rules of evidence to obtain, 328 , 329 . CLARKE, GOV. JOHN, Gov. to have a portrait of painted, 335 . COMPTROLLER GENERAL, election of, 332 . DAVIS, HON. DUNCAN J., resolution as to the death of, 335 . DEAF AND DUMB, committee appointed to examine the Asylum of, at Cave Spring, 332 . DISCREPANCY, resolution for the correction of, an enrolled Act, by inserting the words by the Savannah, Albany and Gulf Railroad Company, 334 . EXECUTIVE MANSION, committee appointed to examine the furniture of, 337 . FLORIDA AND GEORGIA, line between, 326 . GEORGIA AND FLORIDA, line between, 326 . HINES, RICHARD K., to purchase 1500 copies of his book, 333 . HOLMES, CAPT. ISAAC, monument to be erected over the remains of, 336 . INDIAN TITLES AND RESERVATIONS, resolution in [Illegible Text] JUDGE SUPREME [Illegible Text] election of [Illegible Text] LAWS, Gov. to [Illegible Text] [Illegible Text] the [Illegible Text] one copy [Illegible Text] of present [Illegible Text] to be furnished each member, by State Printer, 333 . LEGISLATURE, committee appointed to examine into the rights of the present 334 . prolongation of session of, 336 . tombs over deceased member of, Gov. to have repaired, [Illegible Text] LUNATIC ASYLUM, committee of each house [Illegible Text] made a joint standing committee, 332 . MAIL ROUTE, from Seward to Battle ground 330 .

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from Waresboro to Irwinville, 330 . from Holmesville to Doctor Town, 330 . from Doctor Town to Waynesville, 330 . from Newnan to Carrollton, 330 . from Doctor Town via. Holmesville and Ocmulgeeville to Feronia, 330 . from Albany to Fort Gaines, 330 . from Little York to Boxville, 330 . from Americus to Vienna, 331 . from Vienna to Vineyard, 331 . additional from Smithville to Cuthbert, and from Ft. Gaines to Eufaula, 331 . from Ellijay to Jasper, Ball Ground and Canton, 331 . from Carrollton to Boughton, 331 . from Jonesboro to Stockbridge, 331 . Palmetto to Carrollton, via Riverton and Chanceville, 331 . from Thompson to Lincolnton, [Illegible Text] [Illegible Text] to Hiwassee, 331. [Illegible Text] and Albany R. [Illegible Text] and Flo-[Illegible Text] [Illegible Text] Franklin, 331. [Illegible Text] service between [Illegible Text] Bainbridge, 331 . [Illegible Text] [Illegible Text] CRAWFORD'S DIGEST. Governor to purchase ten copies of, 334 . MISTAKE, resolution to correct, in the general appropriation bill, 337 . MONUMENT, to be erected to the memory of those who fell at the massacre of Goliad, 327 , 328 . to be erected over remains of Capt. Isaac Holmes, 336 . REESE, WM. M., committee appointed to examine and report upon his book, 333 . ROGERS, JAMES, resolution for relief of, 336 , 337 . SECRETARY OF STATE, election of, 332 . SENATOR, U. S., election of, 331 , 332 . STATE PRINTER, resolution for election of, 332 . to furnish each member of present Gen. Assembly with one copy of laws and journals, 333 . SURVEYOR GENERAL, election of, 332 . TAX BOOK OF FLOYD CO., may be taken from the Compt'r General's office, 334 . TEXAS, Georgia relinquishes all claims against, for pay for arms ken by Mexico at the massacre of Goliad, 327 , 328 . THANKSGIVING, resolution in relation to, 336 . TOMBS. over deceased members of the Legislature, Gov. to have repaired, 336 . TREASURER, State, election of, to report the amt. of per diem paid each member, 335 . TROUP, GOV. GEO. M., Gov. to procure the painting of, portrait of, 335 . TYBEE ISLAND, survey of, 326 , 327 . WHEELER, GREEN M., resolution for relief of, 337 . RULES OF THE SENATE, 339 . RULES OF THE HOUSE OF REPRESENTATIVES. 343 .