Acts of the General Assembly of the state of Georgia, passed at Milledgeville at an annual session, in November and December 1815 [volume 1]



Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia MILLEDGEVILLE.: S. F. GRANTLAND, 18151100 English

Page 1

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT MILLEDGEVILLE At an Annual Session, IN NOVEMBER AND DECEMBER 1815. 18151100 18151200 PUBLISHED BY AUTHORITY. MILLEDGEVILLE. PRINTED BY S. F. GRANTLAND, STATE PRINTERS. 1815.

Page 3

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; PASSED IN NOVEMBER AND DECEMBER, 1815. AN ACT To repeal the fourth, fifth, sixth and seventh sections of an Act, entitled an Act, to authorize the several Courts of Equity in this state, to grant remedies in certain cases, and for regulating the Courts of Law and Equity in this state, and for affording temporary relief to the soldiers whilst in the service of this state or of the United States, and for other purposes. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted, That the fourth, fifth, sixth and seventh sections of the above recited act, be, and the same are hereby repealed; provided nevertheless, that nothing herein contained shall be so construed as to affect any case or cases where executions have been stayed for twelve months in terms of said act, until such terms shall have expired. 2. And be it further enacted, That the stay of execution authorized by the seventh section of the before recited

Page 4

act, was in the opinion of this Legislature, and of right ought to be held, deemed and considered, to be for twelve months from the date of the before recited act, and no longer and provided also, that nothing herein contained shall be so construed as to deprive the party holding the eldest judgment, where security has been given in terms of the before recited act, from claiming the proceeds of sales made by virtue of any execution founded on a younger judgment, in the same manner as if no such security had been given; any law, usage or rule of court, to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1815. AN ACT To regulate the Inspection of Tobacco in this state. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the 1st day of January next, it shall not be lawful for any Inspector of Tobacco in this state, to burn or cause to be burned, any Tobacco in pursuance of any law heretofore passed in this state. 2. And be it further enacted, that from and after the first day of January next, it shall be the duty of the Inspectors of Tobacco within this state, to inspect any hogshead or hogsheads, cask or casks of Tobacco, brought to the Ware-house, at which they are already, or may hereafter be appointed Inspector or Inspectors, to inspect every such hogshead or hogsheads, cask or casks of Tobacco, so brought to the respective Ware-houses, at which they were, or may hereafter be appointed to inspectto inspect all and every such hogshead or hogsheads, cask or casks of Tobacco, brought to the respective Ware-houses within this state for inspection, by qualities, to wit: first, second,

Page 5

third and fourth qualities, which qualities shall be fairly expressed in the face of the receipt or manifest, which shall be given by the Inspector who may inspect such Tobacco. 3. And be it further enacted, that it shall be the duty of the Inspectors aforesaid respectively, at or before the issuing such receipt or manifest, fairly and [Illegible Text] to mark or stamp on each head or each hogshead or [Illegible Text] so to be inspected as aforesaid, the quality of the Tobacco contained in such hogshead or [Illegible Text] and it shall also be the duty of the said Inspectors, fairly and plainly to mark or stamp on each hogshead and cask as aforesaid, the number, tare and nett weight, together with the initials of the name of the owner. 4. And be it further enacted, that before any Inspector of Tobacco shall proceed to inspect Tobacco, in pursuance of this act, they shall respectively take and subscribe the following oath or affirmation, to wit: I, A. B. do solemnly swear or affirm, that I will diligently and carefully view, examine and inspect all Tobacco brought to the Ware-house, whereof I am appointed Inspector, according to quality, and that not separate and apart from, but in presence of my fellow, and I will not change, alter or give out any Tobacco, other than such hogsheads or casks, for which the receipts to be taken was given, but that I will in all things, well and faithfully discharge my duty in the office of an Inspector, to the best of my skill and judgment, according to the directions of this act, without fear, favor, affection, or the hope of reward, malice or partiality, so help me God. 5. And be it further enacted, that the proprietor of each Ware-house, shall be, and he is hereby entitled to demand and receive the sum of fifty cents, for the storage of each hogshead of Tobacco inspected at his Ware-house, provided the said Tobacco does not lay longer in such Ware-house than twelve months, and for every month after, the proprietor or owner of such Tobacco, shall pay at the rate of twelve and a half cents per month; which duty or storage shall be paid to the several Icspectors before the same be removed from the said Ware-house, who shall be answerable to the owner or proprietor thereof, for the full

Page 6

amount of such storage by them received. 6. And be it further enacted, that all laws, or parts of laws, heretofore passed in this state, militating against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 30th November, 1815. AN ACT Supplementary to an act, entitled an act, to regulate the Pilotage of Vessels to and from the several Ports of this state. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, that it shall not be lawful for any person to be commissioned as a Pilot, but a citizen of the United States, and whose usual residence has been therein, and who shall furnish good recommendation of his character, capability, and attachment to our Government. 2. And be it enacted by the authority aforesaid, that the compensation for outward pilotage shall be the same as inward, and that the sum of two dollars per day be allowed for each day that any Pilot may be detained on board of any vessel bound out, from head wind or other detention. 3. And be it enacted by the authority aforesaid, that it shall not be lawful for any colored person or persous to be commissioned to act as Pilots for the bar of Tybee and river Savannah. 4. Be it enacted by the authority aforesaid, that the following persons are hereby appointed commissioners for the bar and river SavannahJohn Bolton, Joseph Cumming, [Illegible Text] Nicols, Barna M'Kinne, J. Mims, Andrew Knox, Thomas Rice, James Bilbo, William Taylor, Robert Mackay, Thomas Gardner, William Gaston

Page 7

and J. Y. White; and that any seven of them shall constitute a Board, and shall have full power to regulate the said bar and river Savannah. 5. And be it further enacted by the authority aforesaid, that all laws or parts of laws militating with this act, be and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1815. AN ACT To alter the times of holding the Superior Courts in the Middle and Eastern Circuits of this state, and the Western Circuit, so far as respects the county of Lincoln. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, that from and after the expiration of the present Circuit of the Superior courts in the Middle Circuit of this State, the said Superior courts shall be holden as follows: SPRING CIRCUIT. On the fourth Monday in March, in the county of Columbia; on the first Monday in April, in the county of Warren; on the second Monday in April, in the county of Jefferson; on the third Monday in April, in the county of Washington: on the fourth Monday in April, in the county of Montgomery; on the Monday thereafter, in the county of Tatnall: on the Monday thereafter, in the county of Emanuel; on the Monday thereafter, in the county of Scriven; on the fourth Monday in May, in the county of Burke; and on the first Monday in June, in the county of Richmond. FALL CIRCUIT. On the last Monday in September, in the county of Warren; on the first Tuesday next after the first Monday in October, in the county of Columbia; on the third Monday

Page 8

in October, in the county of Richmond; on the second Monday in November, in the county of Jefferson; on the third Monday in November, in the county of Washington; on the fourth Monday in November, in the county of Montgomery; on the Monday thereafter, in the county of Tatnall; on the Friday thereafter, in the county of Emanuel; on the second Monday in December, in the county of [Illegible Text] and on the third Monday in December, in the county of Burke. 2. And be it further enacted by the authority aforesaid, that from and after the expiration of the present Circuit of the Superior courts in the Eastern Circuit of this State, the said Superior courts shall be holden as follows: SPRING CIRCUIT. On the third Monday in March, in Camden; on the Friday thereafter in Wayne; on the Monday thereafter in Glynn; on the Monday thereafter in M'Intosh; on the Monday thereafter in Liberty; on the Thursday thereafter in Bryan; on the Monday thereafter in Bulloch; on the Thursday thereafter in Effingham; and in Chatham on the fourth Monday in May. FALL CIRCUIT. On the last Monday in October in [Illegible Text] on the Friday thereafter in Wayne; on the Monday thereafter in Glynn; on the Monday thereafter in M'Intosh; on the Monday thereafter in Liberty; on the Thursday thereafter in Bryan; on the Monday thereafter in Bulloch; on the Thursday thereafter in Effingham; and in Chatham on the first Monday in January. 3. And be it further enacted by the authority aforesaid, that from and after the passing of this act, the time of holding the Superior courts in Lincoln county, shall be the fourth Monday in April and October in every year; any law to the contrary notwithstanding. 4. And be it further enacted by the authority aforesaid, that all writs, bills, suits, recognizances, executions, and all other matters and things which have been made returnable to the days or periods heretofore appointed for holding said courts, shall be considered, held and taken as returnable to the times herein pointed out for holding

Page 9

courts in the respective counties aforesaid, any law, usage or custom to the contrary notwithstanding. 5. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1815. AN ACT To establish a Flour Inspection in the town of Darien in the county of M'Intosh. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is enacted by the authority of the same, That there shall be a Flour Inspection established in the town of Darien in the county of M'Intosh, under the same rules, regulations and restrictions, as are prescribed for other Flour Inspections in this state, by an act, entitled an act, to establish and regulate the inspection of flour, passed on the 22d of November, 1814, and all and every person or persons, violating the provisions of the aforesaid act, at Darien, shall be subject to all the pains and penalties therein expressed, for the town of Petersburg and cities of Augusta and Savannah. 2. And be it further enacted, That the Inferior court of the county of M'Intosh, or a majority of them, shall at their first term after the passage of this act, and biennially thereafter, appoint one person of good repute, and a skilful judge of the quality of flour, to be Inspector of Flour in the town of Darien, in the county of M'Intosh. 3. And be it further enacted, That until the first term of the said Inferior court, the Commissioners of the town of Darien, or a majority of them, shall appoint some fit and proper person to act as Flour Inspector for the town of Darien, until the meeting of the said court, and until the

Page 10

said court shall have made such appointment, which shall be at some one term of the said court, and [Illegible Text] thereafter; and in case a vacancy shall happen by death, resignation, refusal to serve, or otherwise, the Commissioners as aforesaid, or a majority of them, shall be and they are hereby authorized and required, to fill such vacancy, and the person so appointed, shall continue to act until the term for which his predecessor was appointed shall have expired; provided nevertheless, that no Inspector shall be appointed for a longer term than two years. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December 1815. AN ACT To compel Clerks of the Courts of Ordinary to give bond and security for the faithful performance of their duty. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the 1st day of January next, it shall not be lawful for any Clerk of the Court of Ordinary to exercise the duty of that office until they shall have respectively given bond and sufficient security to the Justices of the Inferior courts of each county respectively, made payable to his Excellency the Governor, for the time being, and his successors in office, in the sum of two thousand dollars, for the faithful performance of their duty respectively. 2. And be it further enacted, That it shall be the duty of the Justices of the Inferior courts of each county in this state respectively, or any two or more of them, to take such bond and security, according to the provisions of the foregoing section; conditioned, well and truly to perform the duties required of them by law.

Page 11

3. And be it further enacted, That the said bonds, so taken as aforesaid, shall be liable to suit and recovery in the same way and under the same provisions and restrictions as are pointed out by law, for recovery upon bonds given by Clerks of the Superior and Inferior Courts for the performance of their duty as Clerks. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815. AN ACT To alter and amend the second section of the second article of the Constitution. WHEREAS the second section of the second article of the Constitution is in the following words: The Governor shall be elected by the General Assembly, at their second annual session, after the rising of this convention, and at every second annual session thereafter, on the second day after the two houses shall be organized and competent to proceed to businessAnd whereas the said section requires amendment; 1. BE it therefore enacted by the Senate and House of Representatives of the General Assembly of the state of Georgia, and it is hereby enacted by the authority of the same, That so soon as this act shall have passed agreeably to the requisitions of the constitution, the following amendment shall be adopted in lieu of the said section: The Governor shall be elected by persons qualified to vote for members of the General Assembly, on the first Monday in October one thousand eight hundred and seventeen, and on the first Monday in October in every second year thereafter; which election shall be held at the court-houses of the several counties of this state, in the same manner as is prescribed for the election of members of the General Assembly. The returns of every election for Governor shall be

Page 12

sealed up by the presiding Justices, separately from other returns, directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to his Excellency the Governor, who shall cause the same to be laid before the Senate on the day after the two houses shall have been organized, and by the Senate sent to the House of Representatives. The members of each branch of the General Assembly shall convene in the Representative chamber on the same day that the returns are laid before them, and the President of the Senate and Speaker of the House of Representatives, shall open and publish the returns in the presence of the General Assembly, and the person having the majority of the votes given in, shall be declared duly elected Governor of this state; but if no person has a majority of votes, that then the General Assembly shall elect a Governor by joint ballot; and in all cases of election of Governor by the General Assembly, a majority of the votes of the members present shall be necessary for a choice, and all contested elections for Governor shall be determined by the General Assembly. In case of the removal of the Governor from office, or of his death, resignation or inability to discharge the powers and duties of his office, the same shall devolve on the President of the Senate; and in case of the death, resignation or inability of the President to discharge the said duties, then on the Speaker of the House of Representatives; and the said President and Speaker, for the purpose of preventing an interregnum, shall remain in office until the Governor is elected and qualified, after which the said officers shall be chosen by their respective branches of the General Assembly. And should the office of Governor devolve as aforesaid upon the President of the Senate, or Speaker of the House of Representatives, it shall be his duty to convene by Proclamation, the members of the General Assembly, who shall on the second day after their organization, elect by joint ballot a Governor, who shall hold his office for the unexpired time for which the former Governor had been elected. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate.

Page 13

AN ACT For the relief of certain Tax Collectors in this State. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That if any Tax Collector in this state shall have closed or may hereafter close his account at the Comptroller General's office, by paying into the Treasury the amount due by him, without having been allowed an insolvent list, and shall thereafter obtain an insolvent list duly certified by the Grand Jury of the county for which he is Collector, and produce the same to the Comptroller General, it shall be the duty of the said Comptroller General, to give such Collector a certificate, setting forth that he had filed in his office, an insolvent list, duly certified, and that his account as Collector, had been previously settled and closed, without his having been allowed the amount of said insolvent list, which certificate being presented to the Executive, the said Collector shall be entitled to a warrant on the Treasurer from the Governor, payable out of the contingent fund, for the amount of his insolvent list, as expressed in the aforesaid certificate of the Comptroller General. 2. And be it further enacted, That if, from any cause whatever, it shall have happened, or may hereafter happen, that a Tax Collector, shall pay into the Treasury, a greater amount than that with which he is charged in the Comptroller General's office, and ought to have paid after having been allowed all his proper credits, it shall be the duty of the Comptroller General to certify the same to the Executive, and thereupon such Collector shall be entitled to a warrant on the Treasurer, from the Governor, payable out of the contingent fund, for the amount so certified to have been over paid by him. 3. And be it further enacted, That in any county where there shall be a county tax levied, it shall be the duty of the Grand Jury in examining the insolvent list, to deliver to the Collector, a list of the amount allowed him on account of the General Tax, and also a separate list, containing the amount allowed him on account of the county tax.

Page 14

4. And be it further enacted, That in future, the Treasurer is hereby authorized and required to wait with the Tax Collectors, who now are, or may hereafter be in this state, for the amount of their insolvent lists claimed by them, where they shall be prevented from having the same allowed by the Grand Jury of the county for want of a session of the Superior court Provided, that the said Tax Collector or Collectors, shall pay into the Treasury, the full amount of money due from them or him, to the state, with the above exception. 5. And be it further enacted, That the Tax Collectors aforesaid, shall within thirty days after the next session of the Superior courts of their respective counties, after the time prescribed by law for their settlement with the Treasurer, return to the Comptroller General's office, their insolvent lists, approved according to law by the Grand Jury of their respective counties, or in default thereof, or payment of the amount, execution shall issue for the same as in other cases of executions against defaulting Tax Collectors. 6. And be it further enacted, That if the insolvent lists or list should be approved by the Grand Jury for a smaller sum than was was claimed by the Tax Collector on his settlement with the Treasurer, he shall return it as herein directed, and pay the difference at the same time into the Treasury, or execution shall issue as herein pointed out. 7. And be it further enacted, That all acts and parts of acts, militating against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 22nd November, 1815. AN ACT To point out the mode of Trial of offences committed by free persons of color. 1. BE it enacted by the Senate and House of Representatives

Page 15

of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That an act passed at Milledgeville, on the 16th day of December, 1811, entitled an act to establish a tribunal for the trial of slaves within this stateThe court therein established, is hereby made a tribunal for offences committed by free persons of color, to all intents and purposes, as if the words free persons of color had been inserted in the caption, and every section of the said act to establish a tribunal for the trial of slaves within this state. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate; D. B. MITCHELL, Governor. Assented to, 23d November, 1815. AN ACT To alter and amend the third section of an act, entitled an act, prescribing the mode of manumiting slaves in this state. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid, That so much of the third section of the above recited act, as prohibits the Clerks of the several Courts of Ordinary from recording any deed of manumission or other paper which shall have for object, the manumitting and setting free any slave or slaves, under a certain penalty for so doing, so far as the same relates or is construed to relate to last Wills and Testaments, be and the same is hereby repealed. 2. And be it further enacted, That it shall and may be lawful for the Clerks of the several courts of Ordinary in this state, and it is hereby made their duty, to record any last Will and Testament which may be offered for record Provided, such last Will or Testament does not

Page 16

have for its object the manumission of slaves only. 2. And be it further enacted, That all acts and parts of acts militating against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815. AN ACT To levy a tax for the support [Illegible Text] Government for the political year 1816. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the act passed the 10th December, 1812, to raise a tax for the political year 1813, together with the acts which it revives, be, and they are hereby continued in force for the political year 1816. 2. And be it further enacted, That each and every person of this state, and all persons holding taxable property, real or personal, are hereby made liable, and are required to pay an additional tax of fifty per centum on the amount of the state tax required of him, her or them, for the support of the government of this state, for the political year eighteen hundred and fifteen, which shall be collected on or before the first day of December eighteen hundred and sixteen. under the same rules, regulations and restrictions as are pointed out by the tax laws of this state above recited; and it shall be the duty of the Tax Collectors of this state to collect the tax herein levied and assessed, agreeably to the requitions of the before recited act, for which services they shall be entitled to receive two and a half per centum Provided, said Collectors shall first give bond and security agreeably to the requisitions of the above recited acts, for the faithful performance of the duties herein required of them.

Page 17

3. And be it further enacted, That in case any of the Collectors aforesaid shall refuse to collect the tax aforesaid, upon the terms herein before directed, that then and in that case, the Justices of the Inferior Courts in the counties where such refusal shall be made, shall proceed to appoint one fit and proper person in each county to receive and collect said tax, agreeably to the requisitions and laws herein before pointed out; and the said Collector shall be commissioned by the Governor, and give bond and security in conformity to the before recited act, for the faithful performance of their duty as Collector aforesaid; and for the purpose of ascertaining the amount of tax required by this act, it shall be the duty of the Clerks of the Inferior Courts to deliver to Collectors appointed in conformity to this section, the digest deposited in their office. 4. And be it further enacted, That where any person has heretofore paid, or may hereafter pay his or her general tax for the year eighteen hundred and fifteen, and who has not paid the additional sum of fifty per cent, as contemplated by this act, the Collector of the county where such person resides shall, and he is hereby authorized to collect the fifty per cent, as he would have been authorized to do by this act, provided the said general tax had not been paid. 5. And be it further enacted, That the Collectors aforesaid, shall signify their acceptance or refusal to do the duties hereby required, to the Justices of the Inferior Courts aforesaid, on or before the 1st day of March next, and shall give bond and security in terms of this act. 6. And be it further enacted, That all and every person or persons, or companies not authorized by this state, who shall after the passing of this act, issue notes for one dollar or for a smaller amount, purporting to be change bills, shall keep a fair and correct account of the amount of notes so issued, and annually make due return thereof upon oath, at the time required by this act, for the return of taxable property, to the receiver of tax returns of their respective counties, of the amount so issued by them, at the time of making such return, and shall pay the sum of twenty per cent on the said amount to the Tax Collector of the proper county for the use of the state; and on failure to keep such account or make such return as aforesaid,

Page 18

the said person or persons, or companies, or the President or Cashier thereof, shall forfeit and pay the sum of five hundred dollars to the Tax Collector of the proper county, to be recovered (if not paid at the same time that other taxes are,) by execution and sale of the individual property of any or all of the parties before mentioned, as prescribed in cases of other executions of Tax Collectors. 7. And be it further enacted, That where such bills have heretofore been issued, it shall be the duty of the said person or persons, or companies, or the President or Cashier thereof, if any, to make due return upon oath, of the amount at the time of said return, of such notes in circulation to the best of their knowledge, to the receiver of tax returns of the county where they or a majority of them may reside, and shall pay to the Tax Collector of the proper county, eight per cent on the amount as aforesaid; and on failure to make such return in the usual time, they shall forfeit and pay the sum of five hundred dollars, to be paid to the Tax Collector of the proper county, for the use of this state; and on failure, to be recovered as is prescribed in cases of executions issued by Tax Collectors of this state, which may be issued against, and levied on the individual property of any, or all the parties aforesaid. 8. And be it further enacted, That in all cases where there may be a county or poor tax levied by any law, or the Justices of the Inferior court of any county, and collected by the Tax Collector of any county, and not paid over to the proper authority in each county, that the Justices of the Inferior Court, or a majority of them in each county be, and they are hereby authorized, to issue execution against any Tax Collector and his securities so neglecting or refusing to pay over the county and poor tax. 9. And be it further enacted, That in all cases where free persons of color shall fail or refuse to pay the taxes charged against them, or shall have no property on which to levy, the Collector may levy on, and hire out said free person of color, for such price as will produce the amount due the state. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815.

Page 19

AN ACT For the repeal of an act, entitled an act, for amending an act, entitled an act, for regulating the wharves and shipping in the several ports in this Province, and ascertaining the rates of wharfage and shipping and storage; and also the duty of the harbor master to put in force an act, entitled an act, to amend an act, to prevent persons from throwing ballast or rubbish, or falling trees into the rivers and navigable creeks within this province, and for keeping clear the channels of the same. WHEREAS the commercial advantages enjoyed by the good people of this state, require that every unnecessary restriction upon the same should be removed; and as experience has shewn that an act, passed by the General Assembly of this state, on the twenty-sixth day of June, in the year of our lord eighteen hundred and six, amendatory of an act, passed by the Commons House of Assembly of the then province of Georgia, on the twelfth day of March seventeen hundred and seventy four, entitled an act, to regulate the wharves and shipping in the several ports of this province, and ascertaining the rates of wharfage and shipping and storage c. c. is productive of considerable additional and needless expence to merchants and ship owners, and of delay in loading and unloading of vessels, and is of no manner of utility to the public, which should at all times be the principal inducement to the enactment of laws for the government of a free people: 1. BE it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the act entitled an act, for amending an act, entitled an act, for regulating the wharves and shipping in the several ports of this Province, and ascertaining the rates of warfage and shipping and storage, and also the duty of the Harbor Master for the port of Savannah, and to authorize the said Harbor Master to put in force an act, entitled an act, to amend an act, to prevent persons throwing ballast or rubbish, or falling trees into the rivers and navigable creeks within this Province, and for keeping clear the

Page 20

channels of the same, be, and the same is hereby repealed. 2. And be it further enacted, That the act entitled an act, to regulate the wharves and shipping in the several ports of this Province, and ascertaining the rates of wharfage, of shipping and storage, and also the duty of the Harbor Master for the port of Savannah, and to authorize the said Harbor Master to put in force an act, entitled an act, to amend an act, to prevent persons throwing ballast or rubbish, or falling trees into the rivers and navigable creeks within this Province, and for keeping clear the channels of the same, passed the twelfth day of March, seventeen hundred and seventy four by the Commons House of Assembly of the then Province of Georgia, be and the same is hereby declared to be in full force and operation. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1815. AN ACT To regulate the manner of weighing with Scales or Steelyards, throughout the State of Georgia. WHEREAS it is customary to deduct for every draft or turn of the scale or steelyards, a certain number of pounds in proportion to the weight of the article weighed, which custom is evidently contrary to every principle of justice or propriety; for remedy whereof 1. BE it enacted by the Senate and House of Representatives in General Assembly met, That immediately from and after the first day of January next, it shall not be lawful to make any such deduction from the true weight of any article or articles for, or on account of the draft or turn of the scale or steelyards. 2. And be it further enacted, That any purchaser or weigher of any article or articles whatever, who shall require or make the deduction or deductions intended to be

Page 21

provided against by the aforegoing section, shall forfeit and pay for each and every such offence, the sum of 500 dollars, to be recovered by action of debt before any court having competent jurisdiction to take cognizance thereof, one moiety of which forfeiture shall go to the use and for the benefit of the county in which such offence shall have happened, and the other to the informer. 3. And be it further enacted, That all laws militating against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT To require the Judges of the Superior Courts to transmit to his Excellency the Governor the rules of practice established in their respective circuits. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the Judges of the Superior courts in this state, to transmit to his Excellency the Governor, on or before the first day of the next session of the General Assembly, the rules prevailing in their respective circuits, for the management of business in the Superior courts, to be by him sent to the Legislature, to enable the General Assembly (should it be deemed expedient) to establish an uniform practice of proceeding in the courts in the different circuits of this state. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815.

Page 22

AN ACT For the better regulation and Government of the town of Athens in the county of Clarke. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas P. Carnes, John Brown, Augustin S. Clayton, Samuel Brown and Francis Farrar be, and they are hereby appointed commissioners of said town, and they and their successors in office, are hereby vested with full power and authority, to pass all bye laws and regulations which may be necessary for the improvement and keeping in good repair all the streets of the said town and the public roads leading from the same in every direction, and to the extent of one mile from the College Chapel and no further, and to have kept in repair, the public Spring, and to pass any other bye laws for the better Government of said town, as may not be repugnant to, or inconsistent with, the constitution and laws of this state. Provided, nothing herein contained shall be so construed as to extend the powers of said commissioners to the north east side of the Oconee river. 2. And be it further enacted by the authority aforesaid, That the said commissioners and their successors in office shall be, and they are hereby authorised, to impose any tax upon the citizens resident within the bounds aforesaid, for public purposes, which shall not exceed one dollar on each poll within the term of any one year. 3. And be it further enacted, That the said commissioners and their successors in office, may impose any fines or penalties not incompatible with the constitution or laws of this state Provided, that no penalty thereby imposed shall extend to corporal punishment (except to people of color) whose punishment for any one violation of the bye laws of the corporation, shall not exceed thirty-nine lashes. 4. And be it further enacted, That the said commissioners be, and they or a majority of them are hereby authorised to appoint, at their first meeting, which shall be in

Page 23

the College Chapel, within forty days after the passing of this act, a town constable and clerk, if they deem such officers or either or both of them necessary, the former of whom shall faithfully execute the laws and regulations of the said commissioners and their successors in office, and the latter faithfully record their proceedings. 5. And be it further enacted, That the Commissioners herein appointed, shall continue in office until the first Saturday in January, eighteen hundred and seventeen, on which day, and on every first Saturday in January thereafter, all the free male white citizens of the said town, or residing within the bounds aforesaid, who have given in their taxable property, and who are entitled to vote for members of the General Assembly, shall assemble at the said College Chapel in Athens, and between the hours of ten o'clock in the forenoon, and four in the afternoon of that day, and elect by ballot other Commissioners, who shall continue in office one year; two Justices of the peace of the said county of Clarke, shall preside at the certify the state of the polls to the persons elected, which certificate shall authorize them to exercise the functions of their offices during the ensuing year Provided, that nothing herein contained shall be so construed, as to prevent the election of the Commissioners herein before named; and any person or persons who may hereafter be elected Commissioners of said town, shall be eligible at the next, or any subsequent election, after the expiration of the time for which he or they may have been elected as Commissioners under this act. 6. And be it further enacted, That all laws militating against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor Assented to, 8th December, 1815.

Page 24

AN ACT To appropriate money for the improvement of the Navigation of the Savannah and Oconee rivers. WHEREAS the improvement of the inland navigation of every country is of the first importance to its inhabitants in facilitating and extending commerce; and whereas the clearing out and removing the obstructions in Savannah river would greatly conduce to the convenience and interest of the inhabitants settled in the north and north-western parts of this state And whereas, the State of South-Carolina, did many years past, make an appropriation of ten thousand dollars for the purpose of improving the navigation of said river, whenever the State of Georgia should make a similar appropriation; 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That for the purpose of improving the navigation of the river Savannah, and the head waters of the said river, the sum of ten thousand dollars be, and the same is hereby appropriated. 2. And be it further enacted by the authority aforesaid, That Andrew Irwin, Richard Gray, John Watkins, Wm. Jones and Dridzel Pace, sen. be, and they are hereby appointed Commissioners, to join such Commissioners who have been, or may hereafter be appointed by the State of South Carolina; which said Commissioners or a majority of them, shall form a board to be designated by the name and style of a board of Commissioners for improving the navigation of the said river. 3. And be it further enacted by the authority aforesaid, That the said board of Commissioners, or a majority of them, shall have power to appoint one of their own body as Treasurer, who shall be authorised to draw from time to time, on his Excellency the Governor, and receive from him such part or portion of said appropriation as may be deemed necessary by said board, or a majority of them; and the said Treasurer, before he shall be authorized to draw on the Governor for any monies, shall give bond and good security in the sum of twenty thousand dollars, payable

Page 25

to his Excellency his successor in office, conditioned for the faithful application of the sum or sums of money received for the purpose aforesaid; and the said Treasurer shall be, and he is hereby authorized to charge and retain one per cent, on all sums paid to persons employed in clearing out and improving the navigation of said river. 4. And be it further enacted by the authority aforesaid, That the Governor shall be, and he is hereby authorized to fill all vacancies that may happen in said board of Commissioners by death, resignation or otherwise. 5. And be it further enacted by the authority aforesaid, That the said Commissioners shall make fair, just, and regular returns semi-annually to his Excellency the Governor, of all disbursements, and the progress in the improvement of the navigation of said river. 6. And be it further enacted by the authority aforesaid, That the said Commissioners, or a majority of them, shall have power to employ a general Superintendant or Undertaker of said work, and agree with him on such terms as they may deem just and reasonable, and to require of him such security as may enforce a faithful discharge of his duty. 7. And be it further enacted by the authority aforesaid, That no part of the said appropriation of ten thousand dollars shall be drawn for or received from the Treasury, until the Commissioners are informed that the said appropriation of South Carolina is unrepealed. And the said Commissioners are hereby authorized to open subscriptions at such places as they may think proper for individual donations. 8. And be it further enacted by the authority aforesaid, That so soon as the said Commissioners are ready to commence the improvement of the navigation of the said river, they shall commence at the city of Augusta, and proceed as high up said river and the head waters thereof, as the funds will permit. 9. And be it further enacted by the authority aforesaid, That the sum of 10,000 dollars be, and is hereby appropriated for the purpose of clearing out the Oconee river,

Page 26

and that Zachariah Lamar, David Blackshear, Richard A Blount, Jacob Robinson and James Alston, be, and they are hereby appointed Commissioners for that purpose, a majority of whom shall have full power and authority to pursue such measures, under the direction of the Governor of this state, as he may deem most proper to accomplish the object of the said appropriation. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of the said Commissioners to make a fair, just, and regular return every six months to his Excellency the Governor, of all disbursements made by the Commissioners, and of the progress made by them in clearing out the obstructions in the said riverand the said commissioners are authorized to open subscriptions at such places as they may think proper for individual donations. 11. And be it further enacted by the authority aforesaid, That all laws and parts of laws, militating against this law, by, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the [Illegible Text] D. B. MITCHELL, Governor Assented to, 16th December, 1815. AN ACT To incorporate a Bank, to be called the Bank of the State of Georgia. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That a Bank of the state of Georgia shall be established in the city of Savannah, the capital stock whereof shall not exceed one million five hundred thousand dollars, divided into fifteen thousand shares, each share being one hundred dollars. 2. And be it further enacted by the authority aforesaid, That six thousand shares of said capital stock shall be reserved

Page 27

until the first day of January eighteen hundred and seventeen, on the original terms, then, or at any prior time, to be taken and subscribed for by the state, according to the pleasure of the General Assembly, whereby the state, at any subsequent election, shall be entitled to the appointment of six Directors; and if the said shares so reserved be not taken by the state, to be disposed of in manner hereinafter prescribed. 3. And be it further enacted by the authority aforesaid, That subscriptions for constituting and collecting the capital stock of said Bank shall be opened in the city of Savannah, on the first day of February next, under the direction and superintendance of Charles Harris, William B. Bulloch, Isaac Minis, Richard Richardson, Oliver Sturges, Thomas Bourke, John [Illegible Text], Abraham Richards, Barna M'Kinne, John P. Williamson, Wm. Taylor, Wm. Mein, John Carnochan, A. S. Bulloch, Edward Harden Thomas U. P. Charlton, a majority of whom shall be competent to the discharge of the duties hereby devolved upon themAlso, and for the same purpose, in the city of Augusta, under the direction and superintendance of Andrew Erwin, John M'Kinne, John Howard, Ferdinand Phinizy, Thomas Barrett, Walter Leigh, Freeman Walker and George HargravesAlso, and for the same purpose, in the town of MIlledgeville, under the direction and superintendance of Zachariah Lamar, John Howard, John W. Devereux and Joel CrawfordAlso, and for the same purpose, in the town of Greensborough, under the direction and superintendance of John West, John Bethune, and Daniel SanfordAlso, and for the same parpose, in the town of Washington, under the direction and superintendance of Nicholas Long, William G. Gilbert, Augustus H. Gibson, William Sansom and John H. PopeAlso, and for the same purpose, in the town of Louisville, under the direction and superintendance of William N. Harman, James Meriwether, David Clark and Roger L. GambleAlso, and for the same purpose, in the town of Athens, under the direction and superintendance of Stephen Thomas, Thomas P. Carnes and Augustin S. ClaytonAlso, and for the same purpose, in the town of Sparta, under the superintendance and direction of John Lucas;

Page 28

Hugh Taylor and Henry MitchellAlso, and for the same purpose in the town of Lexington, under the superintendance and direction of Dudley Dunn, John Moore and Burwell PopeAlso, and for the same purpose, in the town of Waynesborough, under the direction of John Davies, John Whitehead and William Whitehead; a majority of which Commissioners in each of said mentioned places, shall be competent to the discharge of their duties; and in each of said mentioned places, the books of subscription shall be kept open for the space of six months, if that time shall be required for filling up said subscriptions for said capital stock; during which time it shall and may be lawful for any person or co-partnership, being citizens of the United States, corporation or body politic established in the United States, to subscribe for any number of shares not exceeding one hundred, except, as herein before provided, relative to the statePROVIDED, that if the whole number of shares be not taken up within the said space of six months, then and in that case, it shall be lawful for any person or co-partnership, being citizens of the United States, corporation or body politic established in the United States, to subscribe for any number of the shares unsubscribed for as aforesaid; and the sums respectively subscribed for, shall be payable in manner following, that is to say; seventeen per centum at the time of subscribing, twenty per [Illegible Text] at the expiration of six months thereafter, and the balance of the sums so subscribed, at such other time or times as the Directors of said Bank may require and direct; PROVIDED, that sixty days notice of the time at which payment is required to be made, be given in one of the Gazettes of Savannah, Augusta, Milledgeville and Washington, Wilkes county. 4. And be it further enacted by the authority aforesaid, That if there shall be a failure in the payment of any sum subscribed by any person, copartnership or body politic, when the same is required to be paid by this act, or when it shall be required to be paid by the Directors, the share or shares on which such failure shall happen or accrue, shall be for such failure forfeited, and may be again sold and disposed of as the Directors shall order and provide, and the sums which may have been paid thereon, shall

Page 29

[Illegible Text] to the benefit of said corporation. 5. And be it further enacted by the authority aforesaid, That all those who shall become subscribers to said Bank, their successors and assigns shall be, and they are hereby created and made a corporation and body politic, by the name and style of The Bank of the State of Georgia, and by that name shall be, and are hereby made able and capable in law, to have, purchase, receive, possess, enjoy and retain to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects, of what kind, nature or quality soever, to an amount not exceeding in the whole, one million five hundred thousand dollars, or the amount of its capital if the same shall hereafter be increased, including the amount of the capital stock aforesaid; and the same to sell, grant, demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in courts of record, or any place whatsoever, and also to make, have and use a common seal, and the same to break, alter and renew at their pleasure; and also to ordain, establish, and put in execution such bye laws, ordinances and regulations as shall seem necessary and convenient for the government of said corporation; PROVIDED NEVERTHELESS, that such bye-laws, rules and regulations be not contrary to the laws and constitution of this state, or of the U. States; and generally to do and execute all and singular such acts, matters and things as to them may or shall appertain to do, subject nevertheless to the rules, regulations, restrictions, limitations and provisions hereinafter prescribed. 6. And be it further enacted by the authority aforesaid, That for the well ordering of the affairs of said corporation, there shall be fifteen Directers, nine of whom shall be elected by the stock-holders, and six by the state; and the nine Directors of the stock-holders shall be elected so soon as two hundred and fifty thousand dollars in gold and silver coin shall have been received on account of the subscriptions of said stock, of whom there shall be an election on the first Monday in May next, and on the same day in each year by the stock-holders or proprietors of the capital stock, and by the plurality of votes actually [Illegible Text]

Page 30

in; and those who shall be duly chosen at any election, shall be capable of serving as Directors by virtue of such choice, until the end or expiration of the first Monday in May next ensuing the time of such election, and no longer; and the six Directors to be appointed by the state, shall be chosen by the Legislature immediately on the passage of this act provided always, that as soon as the sum of two hundred and fifty thousand dollars in gold and silver shall have been actually received on account of the subscriptions to said stock, notice thereof shall be given by the Commissioners in Savannah herein before named, in one at least of the public Gazettes of Savannah, Augusta, Milledgeville, Washington and Athens; and the said Commissioners shall at the same time in like manner notify a time and place within the said city of Savannah, at the distance of ninety days at least from the date of such notification, for proceeding to the election of Directors; and it shall be lawful for such to be then and there made; and the persons who shall be then and there chosen, shall be the first Directors, and shall receive from the said Commissioners, the money which shall be received by them; and the said Directors at their first meeting after such election, shall choose one of their number as President, and in case of his death, resignation or removal from the state, or from the Board of Direction, the said Directors shall proceed to fill the vacancy by a new election for the remainder of the yearPROVIDED, that in case it should at any time happen that an election of Directors should not be made at any day when pursuant to this act it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved, but it shall be lawful on any other day to hold an election of Directors, in such maner as shall have been regulated by the laws and ordinances of said corporation. 7. And be it further enacted by the authority aforesaid, That the directors for the time being shall have power to appoint such officers, clerks and servants under them, requiring from said officers, clerks and servants such security, and administering to them such oaths, as the said directors shall deem necessary, and to allow them such compensation for their services respectively, as shall be

Page 31

reasonable; and shall be capable of exercising such other powers and authorities for the well ordering and governing the affairs of the said corporation, as shall be described, fixed and determined by the laws, regulations, and ordinances of the same. 8. And be it further enacted by the authority aforesaid, that the following rules, restrictions, limitations provisions shall form and be fundamental articles of the corporation of said institution. 1st. The number of votes to which each stock-holder shall be entitled, shall be according to the number of shares he shall hold, in the following proportion; that is to say, for one share, one vote; for two shares, and not excedin five, two votes; and for every five shares above five, one vote provided, no person, corporation or body politic shall be entitled in his, her or their own right, to more than thirty votes; and after the first election, no share or shares shall confer a right of suffrage which shall not have been holden three calendar months previous to the day of election. 2. Stockholders usually resident within the United States, and none others, may vote in elections by proxy; none but a stockholder entitled in his own right to fifteen shares, and being a citizen of the state, and not being a director of any other bank, shall be eligible as a director; but this qualification not to be necessary on the part of the state directors; and if any one of the directors after being elected, shall at any time during the term for which he shall have been chosen, cease to be a stockholder, his seat shall thereupon become vacated, and the remaining directors or a majority of them, shall at the next meeting, pass an order declaring him to be no longer a director. 3. The Stockholders shall make such compensation to the President as may appear to them reasonable. 4. Not less than nine Directors shall constitute a board for the transaction of business, of whom the President shall always be one, except in cases of sickness or necessary absence, in which case his place may be supplied by any Director, to be elected President pro tem. by a majority of the board present. 6. A number of Stockholders not less than thirty, who together shall be proprietors of two hundred and fifty

Page 32

shares or upwards, shall have power at any time to call a meeting of the stockholders for purposes relative to the institution, giving at least sixty days notice in a public Gazette in the city of Savannah, in the city of Augusta, in Milledgeville, and at Washington and Athens, specifying in such notice the object or objects of such meeting. 6. The Cashier of the Bank for the time being, before he enters upon the duties of his office, shall be required to give bond with two or more securities, to the satisfaction of the directors, in a sum not less than fifty thousand dollars. 7. The lands, tenements and hereditaments which it shall be lawful for the said corporation to hold, shall be only such as shall be requisite for its immediate accommodation in relation to the convenient transacting of its business; and such as shall have been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts. 8. The total amount of the debts which the said corporation shall at any time owe, whether by bond, bill, note or other contract, shall not exceed three times the amount of their capital stock over and above the amount of specie actually deposited in their vaults for safe keeping. In case of an excess, the directors under whose administration it shall happen, shall be liable for the same in their individual, natural and private capacities, and an action of debt may in such case be brought against them, or any of them, heir or any of their heirs, executors or administrators, in any court of record in the United States having competent jurisdiction, or either of them, by any creditor or creditors of said institution, and may be prosecuted to judgment and execution, any condition, covenent or agreement to the contrary notwithstanding. But this shall not be construed to exempt the said corporation or the lands, tenements, goods and chattels of the same, from being also hable for, and chargeable with the said excess; and such of the said directors who may have been absent when the said excess was contracted or created, or may have dissented

Page 33

from the resolution or act, whereby the same was so contracted or created, may respectively exonerate themselves from being so liable, by having their dissent, if present, entered on the minutes of said corporation. 9. The directors shall have power to issue to the subscribers their certificates of stock, which shall be transferable on the books of the Cashier only by personal entry of the stockholder, his legal representative or attorney, duly authorized by special power for that purpose. 10. The corporation shall in no case directly or indirectly be concerned in commerce or insurance, or in the importation or exportation, purchase or sale of any goods, wares or merchandize whatever, (bills of exchange, notes and bullion only excepted,) except such goods, wares or merchandize as shall be truly transferred, conveyed or pledged to them by way of security, for money actually loaned and advanced, or for debts due to the said corporation, or purchased by them to secure such debts so due to the said corporation, or to effect the insurance on the property that may belong to, or be thus pledged to the said corporation for its security. 11. The bills obligatory and of credit, notes and other contracts whatever, shall be binding and obligatory upon said corporation, Provided the same be signed by the President and countersigned or attested by the Cashier of the said corporation; and the funds of the corporation shall be in no case held liable for any contract or engagement whatever, unless the same shall be so signed and countersigned or attested as aforesaid; and the books, papers and correspondence and the funds of the corporation, shall at all times be subject to the inspection of the board of directors and stockholders, when convened according to the provisions of this act. 12. Dividends of the profits of the corporation, or so much thereof as shall be deemed expedient and proper, shall be declared paid half yearly, (the first half year after the Bank shall have been in operation excepted,) and the said dividends shall, from time to time, be determined by a majority of the directors at a meeting to be held for that purpose, and shall in no case exceed the amount of the,

Page 34

nett proceeds actually acquired by the corporation, so that the capital stock thereof small never be impaired. 13. The directors shall keep fair and regular entries in a book to be provided for that purpose of their proceedings, and on any question when two directors shall require it, the yeas and nays of the directors voting, shall be duly inserted on their minutes; and these minutes be at all times on demand, produced to the stockholders, when at a general meeting the same shall be required. 14. The corporation shall exist and continue until the first day of January, one thousand eight hundred and thirty five; and immediately after the dissolution of said corporation, effectual measures shall be taken by the directors last appointed and acting, for closing all the concerns of the corporation, and for dividing the capital and profits which may then remain among the stockholders according to their respective interests. 15. The directors shall within six months after said Bank shall go into operation, establish an office of discount and deposit at the city of Augusta, and one at the town of Milledgeville, and wheresoever they shall think fit within this state, for the purpose of discount and deposit only, and upon the same terms, and in the same manner, as shall be practised at the Bank which shall be established in Savannah, and to commit the management of said offices, and the making of the said discounts, to such persons, under such agreements, and subject to such regulations, as they shall deem proper, not being contrary to law or to the constitution of the Bank; and the amount of stock shall be apportioned by the directors in the different offices according to the exigences of business, but each branch shall have as much of the stock as can be employed to advantage. 9. And be it further enacted. That the Commissioners in Savannah shall not be at liberty to receive subscriptions for more than two thousand seven hundred shares; the commissioners at Augusta, for more than one thousand eight hundred shares; the Commissioners at Milledgeville, for more than nine hundred shares; the Commissioners at Louisville, for more than four hundred and fifty shares; the Commissioners at Greensboro' for more than nine

Page 35

hundred shares; the Commissioners at Washington, for more than four hundred fifty shares; the Commissioners at Sparta, for more than four hundred and fifty shares; the Commissioners at Lexington, for more than four hundred and fifty shares; the Commissioners of Waynesborough, for more than four hundred and fifty shares, nor the Commissioners of Athens, for more than four hundred and fifty shares. 10. And be it further enacted, That a future General Assembly may, whenever they think it will be expedient, increase the capital stock to three millions of dollars, or [Illegible Text] such sum as they may think proper, and the state shall, if they think proper, be entitled to subscribe for one half or of such other part as they may [Illegible Text] proper; and in case of the increase of the capital, there shall be books of subscription opened at such times and places as a future legislature may direct, to subscribe for the increased stock provided nevertheless, that if the whole number of shares apportioned to the above places be not subscribed for, then the commissioners at Savannah shall give notice to fill up such deficiencies at such place as they may think proper. 11. And be it further enacted, That the trustees of the University of Georgia shall have until the first day of January one thousand eight hundred and seventeen, to subscribe for one thousand shares out of the six thousand herein reserved for the state. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT To compel owners of old or infirm slaves to maintain them. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall be the

Page 36

duty of the Inferior courts of the several counties in this state, on receiving information on oath of any infirm slave or slaves being in a suffering situation from the neglect of the owner or owners of such slave or slaves, to make particular enquiries into the situation of such slave or slaves, and render such relief as they in their discretion may think proper. 2. And be it further enacted, That the said Courts may, and they are hereby authorized, to sue for and recover from the owner or owners of such slave or slaves, the amount that may be appropriated for the relief of such slave or slaves, in any court having jurisdiction of the same; any law, usage or custom to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1815. AN ACT To authorize persons having grants to lands without plats thereof, to have those lands resurveyed, and the plats thereof recorded in the county and Surveyor General's office. WHEREAS it is found from experience that there are many grants of land of record, in the Secretary of State's office of this state, the plats whereof were during the Revolutionary War destroyed and taken from the office of the Surveyor General, and no evidence thereof remains therein. And whereas it is both expedient and essential to preserve and perpetuate the title to real estate thus acquired; 1. BE it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That from and after the passage of this act, all

Page 37

and every person and persons, who may be possessed of, or claim titles to any lands in this state, and to which land grants have been passed by authority thereof, and are of record in the office of Secretary of State, but plats thereof are not of record in the Surveyor General's office; that then and in that case the person or persons so interested and claiming lands thus situated, is, and are hereby authorized, by obtaining a copy of such grant from the office of Secretary of State, to apply to, and it shall be the duty of the county Surveyor of the county in which the lands may be situate, to proceed to admeasure, ascertain and describe the same in the best manner he can from the said copy grant, and such other evidence as he may be able to procure, either from persons or papersand after ascertaining the same, to make a record thereof in a book, by him to be kept for that purpose, and advertise the same for the term of three months, specifying therein to whom granted and by whom claimed; and it shall bet he duty of the said county Surveyor to make a return thereof to the Surveyor General's office within twelve months thereafter, and the Surveyor General shall then record the same in his office Provided nevertheless, that any person interested therein, may at any time within the said term of three months, enter in the office of the said county Surveyor, or in the Surveyor General's office, before the same shall be there recorded, a caveat against such record, which caveat shall be tried in the usual way of trying [Illegible Text] against the passing of grants in the first instance; from which an appeal may be had by either party to the Governor, as heretofore practised. 2. And be it further enacted, That in all cases where persons interested in, or claim titles to land already granted, the copy of which plats are not of record, but the plats annexed to the original grants are in the possession of such person or persons claiming the same; it shall be lawful for such person or persons at any time to present the same to the Surveyor General, whose duty it shall be to record the same in his office; a copy from which, as well as a copy from those plats recorded in the Surveyor General's office in pursuance of the foregoing section, (where the original

Page 38

plat cannot be had) shall be held and deemed as legal evidence in all courts, where the title to the said lands may be called in question. 3. And be it further enacted by the authority aforesaid, That it shall be lawful for the said county Surveyor and the Surveyor General, for all services required of them by this act, to charge and receive the same fees as they receive for like services in other cases. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815. AN ACT More particularly to define and extend the power of Grand Juries in correcting lists of Tax Returns. WHEREAS serious inconventence has and is likely to result from erroneous lists of Tax Returns being made out for the Collector, for remedy whereof; 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is enacted by the authority of the same, That in all cases where any person shall have regularly listed paid his tax in the county where he resides, and be returned as a defaulter in another or different county for the same tax, then and in that case, the Grand Jury of the county, claming such default tax, shall, on application being made by the Collector of said county, certify to the fact, and request the Comptroller General to countersign the same, so that it may serve as a sufficient voucher to authorize the Treasurer of the state to credit the Collector by the same amount, as though it had been a part of his insolvent list. 2. And be it further enacted, That when any Collector after being furnished with the receipts of the Receiver and Collector of the county, where the aforesaid Tax has

Page 39

been paid, shall fail to apply to the Grand Jury for a certificate as aforesaid, and shall proceed to execute or have executed the property of the person so returned as a defaulter, for each and every such offence he shall pay the sum of fifty dollars, to be applied to county purposes. 3. And be it further enacted, That all acts or parts of acts repugnant to, or militating against the foregoing act, is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815. AN ACT To establish and make plain the dividing line between Bulloch and Emanuel counties. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That Allen Dixon, Jacob Minas and Abisha Turner, or any two of them, shall have power and authority, so soon as may be, to lay out and make plain the dividing line between Bulloch and Emanuel counties, beginning at the end of Dougherty's Trail on fifteen mile creek, from thence a direct line to the Tatnall county line. 2. And be it further enacted, That all acts, or parts of acts, militating against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 30th November, 1815.

Page 40

AN ACT To authorize the Justices of the Inferior court of Baldwin county to levy an extra tax. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That the Justices of the Inferior court of Baldwin county, be, and they are hereby authorized to levy an extra tax on the inhabitants of said county, which shall not exceed one fourth part of the general Tax, for the purpose of defraying the expence of building the Courthouse in said county. 2. And be it further enacted, That the said extra tax shall be collected by the Tax Collector of said county, for the time being, whose duty it shall be to pay over the same to the Inferior court thereof, to be appropriated by them for the purpose aforesaid, after deducting the usual per centum for collection. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITHCELL, Governor. Assented to, 30th November, 1815. AN ACT To authorize the Justices of the Inferior court of Elbert county to levy an extra tax, for the purpose of defraying the expence of building a Court-house in said county. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the first day of January next, it shall and may be lawful for the Justices of the Inferior court of the county of Elbert, or any three or more of them, to levy an extra tax on the inhabitants of said county, not exceeding one third part of the state tax as charged in the Receiver's book, and to continue the levy annually thereafter, under the restrictions

Page 41

afore mentioned, until a sufficient sum be raised to accomplish the purpose aforesaid. 2. And be it further enacted, That when the tax is assessed as above pointed out, the Tax Collector of said county, for the time being, shall, and he is hereby authorized and empowered, to collect the same; and the said Collector shall be bound to the Inferior court of said county in a bond, with ample security, for the collection and paying over the amount so assessed and collected to the said Justices, for which collection the said Collector shall receive two and a half per cent, out of the monies so collected. 3. And be it further enacted, That it shall be lawful for the said Justices, or any three or more of them, and they are hereby authorized and required, to lay out the monies collected by them for the purpose afore-mentioned, as may in their opinion best secure and promote the completion of said Court-house Provided, neither of the Justices aforesaid, shall become the undertaker of said building. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th December, 1815. AN ACT To amend an act, to appoint Commissioners for the better regulation and government of the town of Milledgeville, passed the 10 th day of December, 1812. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That all persons residing within the town of Milledgeville, entitled to vote for members of the General Assembly, shall be entitled to vote for Commissioners and Intendant of said town. 2. And be it further enacted, That the town of Milledgeville shall be divided into four Wards, to wit; the

Page 42

intersection of Washington and Jefferson strects, forming the town into four divisions, shall constitute said Wards, which shall be known and designated as follows; the north-western division, Ward No. 1; the north-eastern division, Ward No 2; the south-eastern division, Ward No. 3; and the south-western division, Ward No. 4. 3. And be it further enacted, That the inhabitants entitled to vote as aforesaid, shall meet at the Court-house in said town on the first Saturday in January next, and on the first Saturday in every January thereafter, and between the hours of ten o'clock in the forenoon and three o'clock in the afternoon, proceed to elect by ballot, one Commissioner for each Ward and an Intendant of said town Provided, that no person shall be elected a Commissioner for any Ward unless he actually resides within the Ward for which he shall be electedand if any Commissioner shall remove from the Ward for which he is elected, or shall die or resign, it shall be the duty of the remaining Commissioners and Intendant, to appoint some other person residing within the Ward in which a vacancy shall so happen, to fill such vacancy for the ballance of the year. 4. And be it further enacted, That it shall be the duty of the Commissioners of said town now in office, to give at least three days notice in the news papers of Milledgeville, of the election to be holden the first Saturday in January next, as herein before expressed, and similar notice shall be given by the Commissioners who may be then in office, of every subsequent election. 5. And be it further enacted, That three free-holders shall superintend said election, and shall certify from under their hands the persons so elected; and the said Commissioners and Intendant so elected, shall before they enter on the duties of their office, take and subscribe the following oath, viz: I, A. B. do solemnly swear, or affirm (as the case may be) that I will to the utmost of my power, perform the duties required of me as Intendant or Commissioner of the town of Milledgeville, so help me God. 6. And be it further enacted, That the Intendant and Commissioners shall have power to lease for one year at a time, the fisheries and cleared lands on the Commons of

Page 43

said town, to pass such bye-laws and ordinances as they shall deem necessary and proper for the better regulation of the market, for keeping the streets and public roads in repair, for the preservation of the public springs, pumps, wells, fire engines, and good order among disorderly persons, free negroes and slaves, and for preventing illicit traffic between slaves and shop-keepers, and to appoint the necessary officers for carrying such bye-laws and ordinances into effect, and to affix and levy fines for all offences committed against the bye laws of said town Provided, such bye laws and ordinances shall not be repugnant to the constitution and laws of this State. 7. And be it further enacted, That the said Intendant and Commissioners shall have power to assess and levy a tax on the inhabitants of said town, which shall not exceed the one fourth of their general tax, and shall apply the same to keeping the streets in good repair. 8. And be it further enacted, That all laws and parts of laws which militate against this act, be, and they are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th December, 1815. AN ACT To alter the law of Libel so far as to allow the defendant to justify and give the truth in evidence on indictments for the same. WHEREAS, the existing law relative to indictments for libel hath been found on experience to be unjust in itself, and in direct hostility to the spirit and genius of our free institutions; 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That in all future indictments for libel, it shall be

Page 44

lawful for the defendant to file a plea of justification, and give the truth in evidence under the same, agreeably to the rules of evidence and of the proceedings of the courts of law; any law, usage or custom to the contrary hereof notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1815. AN ACT To establish and incorporate an Insurance Company in the city of Savannah, to be called the Marine and Fire Insurance Company of the City of Savannah. WHEREAS the establishment of a Marine and Fire Insurance Company in the city of Savannah is represented as being highly expedient, and of great utility; and that a sufficient capital can be raised and placed upon a footing of respectability which will guarantee the most prompt and faithful indemnifications for all losses which may be insured against by said company; 1. BE it therefore enacted by the Senate and House of Representatives of the state of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the following persons, viz: William B. Bulloch, Oliver Sturges, Robert Mackay, Isaac Minis, George Anderson, Barna M'Kinne, Charles Harris, William Gaston, William Taylor, Richard Richardson, Thomas Mendenhall, Abraham Richards, A. S. Bulloch, Edward Harden and James M. Wayne, be, and they are hereby constituted a board of commissioners, whose duty it shall be, or a majority thereof, to convene in the city of Savannah, and after organizing themselves, to open books of subscription for shares in the said company; and when the said shares, amounting to the capital hereinafter mentioned, shall have been subscribed, or that portion of it, on the receipt of which the business of said company is hereinafter

Page 45

authorised to commence, it shall then also be the duty of said commissioners to give public notification thereof in the Gazettes of the said city of Savannah, requesting a meeting of the share or stockholders of said company, at such time as to the said commissioners may seem most convenient, for the election of the officers of said company as hereinafter directed. 2. And be it further enacted by the authority aforesaid, That so soon as the said share or stockholders of said company, or a majority thereof, shall have been convened pursuant to notification as aforesaid, the said share or stockholders under the direction of the said board of commissioners, shall proceed to the election of a President and Directors of said company. 3. And be it further enacted by the authority aforesaid, That the said President and Directors, and their successors, shall be, and they are hereby declared to be a body corporate in name and deed, by the style and denomination of the Marine and Fire Insurance Company of the city of Savannah, and by the same name and style, shall have succession of officers and members, for the term of thirty years; and a common seal to use, and shall have power and authority to choose or elect such subordinate officers, and to make, alter, amend or change such bye-laws as may be agreed on by said President and Directors Provided, such bye-laws be not repugnant to the laws or constitution of the state of Georgia, or the United States. 4. And be it further enacted by the authority aforesaid, That the capital of said Company shall be four hundred thousand dollars, to be divided and apportioned into shares of fifty dollars each share; and that one hundred thousand dollars of said capital may be invested in, and composed of stock or Treasury Bills of the United States, Bank stock of this state, or any other state, which Bank is in good credit, or Gold and Silver Provided nevertheless, That the said Company may commence its business and operations so soon as two hundred thousand dollars shall have been paid in and deposited. 5. And be it further enacted by the authority aforesaid, That it shall be lawful for the said President and Directors, to discount domestic bills of exchange.

Page 46

6. And be it further enacted by the authority aforesaid, That the said Company when organized as aforesaid, shall have full power and authority to ensure property and effects of every nature and description against sea risques, fire and other accidents and casualties, for which Insurance Companies are usually established, organized and incorporated. 7. And be it further enacted by the authority aforesaid, That the said Company shall have full power and authority, under the style and name of the President and Directors of the Marine and Fire Insurance Company of the city of Savannah, to sue for and receive all such sum or sums of money, as may become due to the said Company before any tribunal having juirsdiction thereof; and the rights and privileges of said Company, in any court, or at any tribunal whatever, to defend; and also, to take, receive, purchase, hire and possess, any property real or personal, for the use, benefit or advantage of said Company; and to sell, make over, and dispose of the same in any manner the said company may direct; and the said Company shall be, and are hereby declared to be, vested with all the powers and advantages, privileges and emoluments, of an association of persons incorporated for the intentions and purposes aforesaid. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT To divorce and separate Mathew Shearer and Rebe cca his wife. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the matrimonial connexion or civil contract of marriage, made between Mathew

Page 47

Shearer and Rebecca his wife, shall be completely annulled, set aside and dissolved, as fully and effectually as if no such contract had ever heretofore been made and entered into between them. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT To authorize William Smith to erect a bridge across the Creek called the Beaver-dam in Scriven county, on the road leading from Savannah to Augusta. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is enacted by the authority of the same, That William Smith, his heirs and assigns, shall be, and he or they are hereby authorized and bound to erect a good and substantial bridge across the creek called Beaver-dam, at or near the place where the old bridge now stands, and to keep the same in complete repair for and during the term of ten years. 2. And be it further enacted, That the said William Smith, his heirs and assigns, as a compensation for their trouble and expence in erecting and keeping the said bridge in repair, shall be authorized to ask, demand, and receive, the following toll from all travellers not citizens of the county of Scriven, for crossing said bridge, to wit: for every four wheel carriage or waggon, fifty cents; for every two wheel carriage or cart, twenty five cents; for a man and horse, twelve and one half cents; for every head of cattle, four cents; for sheep, goats and hogs, two cents; for horses lead or in droves, six and a quarter cents; and the said William Smith or any other person or persons claiming under him, shall be, and he or they are hereby bound to make good all demands which shall happen by reason

Page 48

of the badness or want of repair of said bridge. 3. And be it further enacted, That the said Smith shall be allowed one year from the date of this act, to build the said bridge, and shall be allowed to receive toll for crossing the old bridge for the term of said year, at the rates heretofore established by law, provided the said bridge is kept in good repair. 4. And be it further enacted, That the right herein granted shall be forfeited, unless the said William Smith, or some person or persons claiming under him, shall build a bridge of the dimensions of the one herein described, within one year from the date of this act. 5. And be it further enacted by the authority aforesaid, That it shall not be lawful for the said William Smith, his heirs or assigns, to ask or demand from any person or persons, any toll for passing said bridge, unless the said bridge shall be in its whole length at least twenty feet wide, and well secured from one end to the other on both sides, with arms, or railing, at least four feet high. 6. And be it further enacted, That it shall not be lawful for any other person to erect a bridge on the said Creek, within two miles of the bridge so erected by the said William Smith, either above or below. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor Assented to, 16th December, 1815. AN ACT To incorporate an Academy in the village of Powelton in Hancock county. WHEREAS the citizens of Powelton and its vicinity, have by voluntary subscriptions and contributions, established a fund for the purpose of erecting and supporting an Academy for the education of youth of both sexes; 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly

Page 49

met, and it is hereby enacted by the authority of the same, That William Rabun, Nicholas Childers, Thomas Cooper, Sampson Duggar, Archibald R. S. Hunter, James Crowder, Reuben T. Battle, John Veazey, and Stephen Weston be, and they are hereby appointed trustees of the Academy to be established in the village of Powelton, and they and their successors in office shall be, and they are hereby declared to be a body corporate, by the name and style of the trustees of the Powelton Academy in Hancock county. 2. And be it further enacted by the authority aforesaid, That the trustees aforesaid and their successors in office, or a majority of them, are hereby authorized to make such bye-laws, rules and regulations as they may deem necessary and proper for the government of said institution Provided, such bye-laws are not repugnant to the constitutional laws; and they shall be invested with all manner of property, both real and personal, all donations, gifts, grants, privileges and immunities, which may belong to, or be hereafter made or conveyed to them, or their successors in office, to have and to hold the same, for the proper use, benefit and behoof of said Academy, subject to such alterations or amendments as a majority of said trustees may from time to time, ordain and establish. 3. And be it further enacted by the authority aforesaid, That the trustees abovementioned, and their successors in office shall be, and they are hereby made capable of sueing and being sued, impleading and being impleaded, and of using all necessary and lawful measures, for recovering or defending any property, debts or demands, which they may claim in behalf of said institution, and also of recovering the rents, issues and profits of the same or any part thereof. 4. And be it further enacted by the authority aforesaid, That the trustees herein named shall continue in office until the third Saturday in July next, and until their successors are elected, at which time the subscribers to said institution shall meet and elect trustees agreeable to

Page 50

the articles of association formed and entered into by them at the first commencement of said institution. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 23d November, 1815. AN ACT To secure to John Beck, his heirs and assigns, the right to erect a Bridge across Savannah river at his own ferry. WHEREAS the Legislature of the state of South Carolina, did at their last Session, grant unto John Beck the right to build a bridge across the Savannah river at his own ferryAnd whereas the said John, by his petition to this Legislature, has prayed for a grant on the part of this state, and believing it will be of public utility in facilitating the intercourse between the most commercial cities of the two states; 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is enacted by the authority of the same, That the said John Beck, his heirs and assigns, shall have the right and privilege of erecting a bridge across the river Savannah, at his own ferry, on his or their own lands Provided, the said John Beck, his heirs or assigns, shall within three years, [Illegible Text] a good and sufficient bridge across the said river, sufficiently high in low water, to admit the passage of boats burthened with produce or otherwise, under the same, and in high water to have sufficient draws for their accommodation And provided also, that there shall be at least two arches in the said bridge at least sixty feet each between the piers for the passage of rafts, c. 2. And be it further enacted by the authority aforesaid, That the said John Beck, his heirs and assigns, shall at all times be bound to keep up good and sufficent causeways and hollow bridges through the swamp from the high

Page 51

lands of Georgia, to the said bridge, for the passage of travellers, c. 3. And be it further enacted, That if at any time after the erection of the said bridges and causeways, the owner or owners thereof, shall suffer the same to be and remain out of repair for the space of two years, or shall in any manner impede the navigation of said river, contrary to the true intent and meaning of this act; then the rights and benefits intended by the same, shall become forfeited, and of course null and void Provided nevertheless, that the said John Beck, his heirs and assigns, shall at all times stand bound to make good all damages which may happen by reason of the badness or want of repair of the said bridge and causeways or any part thereof, when the same does not amount to a forfeiture as above, to be recovered in any court, having competent jurisdiction thereof. 4. And be it further enacted, That the said John Beck, his heirs and assigns, shall be entitled for the space of twenty three years, to have, demand and receive toll at the same rates that are allowed and received at the bridge at Augusta, and no more Provided, that the said John Beck, his heirs and assigns, shall at all times when the said causeways are inundated, provide a suitable and safe conveyance to the high land. 5. And be it further enacted, That the said John Beck, his heirs and assigns, for the trouble and expence he or they have or may hereafter be at, in raising keeping in repair the causeways and bridge, through the swamp as aforesaid, be entitled to have, demand and receive the following toll, to be collected at the same time and place that the toll for the bridge across the river is collected, to wit: for every four wheel carriage, one dollar; for every two wheel carriage, fifty cents; for a man and horse, six a quartercents; for each head of cattle, sheep, goats hogs, four cents Provided nevertheless, that no person shall be compelled to pay the said toll for going to the said river to fish, or for passing to from their lands in said swamp. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governer, Assented to, 8th December, 1815.

Page 52

AN ACT To repeal an act, entitled an act, to authorize William Scott, sen. of Camden county, to establish a toll on the road leading from [Illegible Text] Toun Swamp to Fort Barrington on the Alatamaha through M'Intosh county, and for other purposes. WHEREAS the said William Scott, sen. has given up and abandoned the idea of carrying into effect the provisions of the before recited act, for remedy whereof; 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the above recited act is bereby repealed. 2. And be it further enacted by the authority aforesaid, That Samuel Jones, Peter Hagin and [Illegible Text] R. Tucker be, and they are hereby appointed commissioners to lay out and open a road leading the most direct way from Fort Barrington on the Alatamaha, to strike the Bull Town road, at Samuel Jones's, and open the aforesaid road twenty feet wide at least; and to enable the said commissioners to complete the said road, they are hereby authorized to take wood and earth the most convenient. 3. And be it further enacted by the authority aforesaid, That the persons residing in the district heretofore allotted to said road, with such other persons as the board of commissioners of roads in M'Intosh county shall allot, shall be liable to work on said road, and under the same penalties as governs in other laws for said county. 4. And be it further enacted, That the before mentioned Samuel Jones, Peter Hagin and Elijah R. Tucker shall, immediately after the passing of this act, proceed to the laying out and new making a road, the straightest and most direct way leading from Fort Barrington, to strike the Bull Town road at Samuel Jones's; after the said road has been laid off and marked out by said commissioners, then the commissioners shall proceed with the hands or persons of their districts, according to the laws heretofore passed for said county. 5. And be it further enacted, That if any vacancy

Page 53

should happen by refusing to serve, removal or any otherwise, the board of commissioners for said county shall appoint them and fill the vacancy, and the said commissioners shall constitute part of the board for said county. 6. And be it further enacted, That any law that militates against the provisions of this act, be, and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th December, 1815. AN ACT To authorize the Justices of the Inferior court of Richmond county, or a majority of them, to sell and dispose of the Jail in the city of Augusta, and to erect another in a more fit and convenient place. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior court of the county of Richmond, or a majority of them, be, and they are hereby authorized to sell and dispose of the Jail in the city of Augusta and county of Richmond, together with the lot of land appertaining to the same, to the highest bidder, and to erect and build a Jail for the use of the county of Richmond, in any place which to the said Justices, or a majority of them, shall be deemed and held the most fit and proper place, for the erection and building of the said Jail. 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815.

Page 54

AN ACT To authorize the several Courts of Ordinary in this state to appoint their Clerks Administrators de bonis non in certain cases. WHEREAS, there is no provision by law for the administration of the estates of deceased intestates in cases where the administrator or administrators die, and administration de bonis non cannot be granted from the incapacity of the persons applying to give the security required by law, or when the persons appointed, refuse to give such security, for remedy whereof; 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same it is enacted, That when the administrator, administrators or administratrix of the estate of any intestate, shall die before he has fully administered upon the estate, and the person or persons, whom the court of Ordinary shall appoint administrators or administratrix de bonis non upon such administered estate shall refuse to give the security required by law; or when the applicant or applicants for letters of administration de bonis non, upon unadministered estates, shall be incapable of giving the security required by law, it shall be the duty of the court of Ordinary in the county where any such case shall happen, by special order of court, to vest the final administration of such estates in the Clerk of the Court of Ordinary of said county, or such other person as the court may appoint; and such Clerk, or other person as aforesaid, when such special order shall have passed, shall immediately proceed finally to administer on such unadministered estate, as soon as possible, under the direction of said court; for which purpose the said Clerk or other person as aforesaid, shall have full power and authority to commence and defend suits at law, as the legal representative of such unadministered estate Provided, that in all such suits at law, no other evidence shall be required of the said Clerk, or other person as aforesaid, being the legal representative of any such unadministered estate, than an exemplified copy of the aforesaid special order of the Court of Ordinary.

Page 55

2. And be it further enacted, That whenever the administration of an estate shall be vested in the Clerk of the Court of Ordinary, or other person as aforesaid, according to the provisions of this act, the executor, executors, executrix, administrator, administrators or administratrix of the deceased administrator or administrators, shall be bound to pay into the Clerk's hands, or other person as aforesaid, all monies, and also to deliver to him all bonds, notes, accounts and other papers, and all the property belonging to such unadministered estate, and fully to account of and concerning the acts of his, her or their deceased testator or intestate, upon such unadministered estate. 3. And be it further enacted, That such Clerks or other person as aforesaid, when invested with the administration of an estate, according to the provisions of this act, shall be allowed such compensation for their services as is allowed to all other executors and administrators by the laws of this state. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT More effectually to improve the public roads in this state. WHEREAS it is deemed advantageous to the citizens of this state, as well as citizens of other states, travelling through this state, that the public roads should be measured and posted; 1. BE it therefore enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That from and after the first day of June next, it shall be the duty of all overseers of roads, leading from the court-house of their respective counties within this state, in addition to the duties heretofore required of them by law, to measure all that part of the road to which they

Page 56

may be appointed overseers, commencing at the said court-house, and at the end of each mile to set up a post or mark on some conspicuous place, which shall designate the number of miles from thence to the court-house as aforesaid. 2. And be it further enacted, That where it shall so happen, that in measuring from the court-house as aforesaid, to the end of the district to which they are appointed overseer, and the distance shall not be an equal number of miles, the overseer of the same road, in the next adjoining district, shall be compelled to commence at the last milepost in the district thus measured, unless such district shall end at some county line; then and in that case, the overseer of such district, shall by some post or mark, designate the distance from such county line to the Court-house of their respective counties as aforesaid. 3. And be it further enacted, That it shall be the duty of all overseers as aforesaid, at the fork of each public road within their respective districts, to place or post up in some conspicuous place, a board or other mark, designating on the same, the most public place to which each road directs. 4. And be it further enacted, That all public roads leading from any sea port or other town, shall be measured from thence, until it intercepts the first Court-house or county town. 5. And be it further enacted, That when any public road as aforesaid, shall be altered so as to make it necessary to remove any post, it is hereby made the duty of the overseer of said road to remove such post or set up others, in such manner as to answer the purposes contemplated by this act. 6. And be it further enacted, That all public roads shall be laid out the nearest and best way to the place to which they are intended, and that the Commissioners of roads shall be required in all cases to designate the same on oath, if required by the court. 7. And be it further enacetd, That if any person or persons shall remove or deface the said posts, boards or marks, they shall forfeit and pay the sum of twenty dollars for each and every offence, to be recovered before any

Page 57

court, having competent jurisdiction, one half to the county the other half to the informerand if the said offence should be committed by a slave or slaves or any free person or persons of color, he, she or they shall receive on conviction not exceeding thirty nine lashes on his, her or their bare back, to be inflicted by the order of any Justice of the Peace of the district where the offence is [Illegible Text] BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT To repeal an act, entitled an act, to amend an act, regulating roads in this state, so far as respects the operation of said acts in the counties of Bryan, Liberty, M'Intosh, Camden and Wayne, passed on the 8 th day of December, 1806, so far as respects the county of Bryan. WHEREAS an act of the Legislature, passed on the 27th November, 1812, gave to William A. Dunham Esq. the benefit of a turnpike on great Ogechee causeway, on certain conditions therein contained, which conditions have not been complied with by said Dunham; by which means the causeway aforesaid is almost impassable. 1. BE it therefore enacted by the Senate and House of Representatives of the state of Georgia in General Assembly met, That the before recited act, in favor of William A. Dunham Esq. be, and the same is hereby repealed. 2. And be it further enacted by the authority aforesaid, That the law passed on the 8th day of December, [Illegible Text] entitled an act, to regulate the road laws in this state, so far as respects the counties of Bryan, Liberty, M'Intosh, Glynn, Camden and Wayne, be, and the same is hereby declared in full force, so far as respects the counties of Bryan, Liberty and M'Intosh.

Page 58

3. And be it further enacted, That the male slaves liable to road duty on the plantations on the north side of great Ogechee, heretofore made liable to work on the causeway, be continued to work on the same, and be subject to the same road laws, rules and regulations as the inhabitants of Bryan county. 3. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th December, 1815. AN ACT To authorise Shaler Hillyer of the county of Wilkes, to build a mill-dam across Broad River, at the Shoals called and known by the name of Muckle's Ferry Shoals, and for other purposes. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That the said Shaler Hillyer, his heirs or assigns, be, and they are hereby authorised, to build a mill-dam across the said river at the place aforesaid, and to keep the same in perpetual repair, under the provisions and restrictions hereinafter pointed out any law or parts of laws heretofore passed to the contrary notwithstanding. 2. And be it further enacted, That the said mill-dam shall be so constructed, that it shall not on the highest part thereof exceed four feet in perpendicular height, above the common level of the river. 3. And be it further enacted, That there shall be at least twenty feet of said dam, immediately over and across the main channel or sluice of said river so constructed, that during the shad season or time of catching shad, it can be with ease lessened in height, so as to admit shad or other fish to ascend and descend without difficulty; and provided

Page 59

also, that the said Shaler Hillyer, his heirs or assigns, shall at all times keep the mill-race or canal leading to his mill now built at or near the Shoals aforesaid, fit and calculated for the safe navigation of boats of the size of those usually navigating between Petersburg and Augusta, which race or canal shall be so constructed, as to admit such boats or other craft to ascend and descend out of and into the said river, above and below the ends of the said race or canal without delay, whenever the waters in the said river will admit its navigation. 4. And be it further enacted, That the said Shaler Hillyer, his heirs or assigns, shall well and truly, so long as they or either of them shall keep up said dam, maintain and keep in constant repair a necessary slope for the passage of fish through the said dam, in conformity with the provisions of the third section of this act, from the first day of February, until the first day of May in each and every year. 5. And be it further enacted, That if the said Shaler Hillyer, his heirs or assigns, shall admit or suffer any impediment to the passage of fish over the slope in the said dam, so to be constructed as aforesaid, from the said first day of February until the said first day of May, they or either of them, shall forfeit and pay the sum of five hundred dollars, one half thereof to the complainant, and the other half to be applied to the improvement of the navigation of said river, to be recovered before any court in this state, having competent jurisdiction thereof. 6. And be it further enacted, That it shall not be lawful for any person or persons whatsoever, to fish for shad or other fish with nets, gigs or any other instrument or machine whatever, (other than the hook and line) within two hundred yards, either above or below the said dam, from the said first day of February until the said first day of May. 7. And be it further enacted, That if any person or persons shall be convicted of fishing or attempting to fish, with any of the instruments or within the distance or time herein before forbidden, and being thereof duly convicted, shall forfeit and pay for every such offence, the sum of fifty dollars, to be recovered before any court having competent jurisdiction thereof, one half to the complainant and the

Page 60

other half to be applied to the improvement of the navigation of said river; except where the offender or offenders should be slaves; then and in that case, he, she or they so offending, shall receive on his, her or their bare back ten lashes; which punishment may be inflicted on due proof thereof before any one or more justices of the peace of this state. And the owner of such slave, or other person having charge or the management of such slave, shall for every such offence committed by such slave, forfeit and pay the sum of twenty dollars, to be recovered and applied in the same manner as if such offence had been committed by a free white person; and if the person or persons so offending should be a free person of color, then and in that case, he, she or they shall receive on his, her or their bare back thirty-nine lashes, which punishment shall be inflicted in the same manner, and under like restrictions, as by this act prescribed for inflicting punishment on slaves for the like offence. 8. And be it further enacted, That it shall be the duty of the said Shaler Hillyer, his heirs or assigns, to keep in constant repair the said race or canal, and a suitable lock therein, so long as said dam shall be kept up, so as to admit an easy and speedy navigation of boats through the said race or canal, and for every day any boat may be detained by reason of said race or canal not being in proper repair for the navigation of boats as aforesaid, the said Shaler Hillyer, his heirs or assigns, shall forfeit and pay to the party aggrieved one hundred dollars for every day such boat may be detained by reason thereof, to be recovered before any court having competent jurisdiction thereof, to be applied as aforesaid. 9. And be it further enacted, That if the Commissioners heretofore appointed by an act, entitled an act, to keep open the main channel of Broad river, from the confluence of the same with the Savannah river, to the mouth of Hudson's river in Franklin county, passed on the 13th December, 1809, together with the commissioners hereinafter named, or a majority of them, or a majority of any commissioners that may at any time hereafter be appointed, shall at any time hereafter, on reviewing the said dam, be of opinion that the said dam obstructs the passage

Page 61

of fish, or that it is in any way detrimental thereto, the said Shaler Hillyer, his heirs, executors, administrators, or assigns, or other person claiming under his or their authority, or other person having charge of the said premises, on being notified by the said commissioners or a majority of them, shall immediately proceed to remove such part of said dam or other obstruction in the said shoal, as the commissioners aforesaid or a majority of them shall direct; and in case the said obstruction shall not be removed within five days after notice being given as aforesaid, the said Shaler Hillyer, his heirs, executors, administrators or assigns, or other person owning said premises, shall for every 42 hours such obstruction now in the meaning of this act, shall remain unremoved, forfeit and pay the sum of fifty dollars, and in proportion to that sum for a longer or shorter time, to be recovered before any court having competent jurisdiction thereof; one half thereof shall be paid to the informer, the other half to be applied to the improvement of the Navigation of the said river. 10. And be it further enacted, That in case the said dam or other obstruction that may be placed in the said shoal, shall not be removed within the time prescribed by this act, it shall and may be lawful for the commissioners aforesaid, or a majority of them, and they are hereby required, to remove or cause the same to be removed, by calling to their aid any number of citizens as they may deem necessary for the purpose of removing the same, and in case any citizen as aforesaid who shall be called on, and who shall refuse to aid and assist in removing such [Illegible Text] or other obstruction, shall for every such neglect or refusal, forfeit and pay the sum of ten dollars, to be recovered before any court having competent jurisdiction thereof, one half shall be applied to the improvement of the navigation of the said river, and the other half shall be paid to the commissioners aforesaid. 11. And be it further enacted, That when any of the aforesaid obstructions shall have been removed, and the said shoal shall thereafter be obstructed by any dam or dams, trap or traps, or any other obstruction, other than such as shall at all times be admitted of by the said commissioners, or a majority of them, the person or persons so

Page 62

offending shall forfeit and pay the sum of fifty dollars, for every 12 hours such obstruction shall remain unremoved, and in proportion to that sum for a longer or shorter time, to be recovered before any court having competent jurisdiction thereof, one half to be paid to the informer, and the other half to be apphed to the improving of the navigation of said river. 12. And be it further enacted, That the commissioners which may at any time hereafter be appointed for the purposes contemplated by this act, shall be composed of persons residing above the aforesaid shoal, and a majority of the whole number shall reside in the counties of Madison and Franklin, and in case of the death, removal, refusal to serve of the whole, or any part of the said commissioners, the Inferior court of the county where the same shall happen, shall on application of any one of said commissioners, proceed to appoint others in their place or stead, to act until the meeting of the next General Assembly thereafter, and until successors shall have been appointed by law. 13. And be it further enacted, That one third of all other parts of the said river, including the main current or channel thereof, from the confluence of the same with the Savannah river, to the mouth of Hudson's river in Franklin county, shall be kept clear of all kind of obstructions whatsoever, and any person who has heretofore obstructed the said current or main channel as aforesaid, or any person who may claim the benefits derived from such obstruction, and who shall not remove the same before the first day of March next, shall for every 12 hours the same may remain unremoved thereafter, forfeit and pay the sum of fifty dollars, to be recovered before any court having competent jurisdiction thereof, one half to the informer, the other half to be applied to the improvement of the navigation of said river; and the said commissioners shall have power and authority to remove any and all such obstructions, as pointed out by this act for removing obstructions in the aforesaid shoal. 14. And be it further enacted, That in case any person or persons shall after the passage of this act, obstruct any part of the main current or channel as aforesaid, he,

Page 63

she or they shall forfeit and pay the [Illegible Text] of fifty dollars for every 12 hours the same [Illegible Text] remain unremoved, to be recovered before any court having competent jurisdiction thereof, one half to the informer, the other half to be applied to the improvement of the Navigation of said river; and the said commissioners or a majority of them, shall proceed to cause the same to be removed in the same manner as pointed out by this act for removing obstructions in said river. 15. And be it further enacted, That Philip Shackleford, John Wilhight, Isaac David, Andrew M'Iver and Archelus Moon, of the county of Madison; and Richard Bond, William Redwine and Joseph Bond, of the county of Franklin; and Charles Woodson Christian of the county of Elbert, be, and they are hereby appointed commissioners of said river, in addition to the commissioners appointed by an act, entitled an act, to keep open the main channel of Broad river, from the confluence of the same with the Savannah river, to the mouth of Hudson's river, in Franklin county, passed on the 13th day of December, 1809. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815. AN ACT To repeal the fourth section of an act, to alter the time of holding the Superior Courts in three several circuits in this state, passed the 15 th day of December, 1809, so far as relates to the Western and Middle Circuits. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly `met, and it is hereby enacted by the authority of the same, That from and immediately after the first day of January next, said fourth section of the before recited act, be, and

Page 64

the same is hereby repealed, so far as the same relates to the Western and Middle Circuits. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT To amend an act, entitled, an act to establish the salaries of the Public Officers of this state, for the political years one thousand eight hundred and eight, and one thousand eight hundred and nine, and from thence until the same shall be repealed, and for defining the fees of malicious [Illegible Text], passed on the 8th December, 1806. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same it is hereby enacted, That the public officers of this state shall receive as a salary or compensation for their services per annum, the following sums, that is to say; The Governor two thousand dollars per annum; the Secretaries of the Executive Department, not exceeding two, five hundred dollars each per annum; the Treasurer twelve hundred dollars per annum; the Comptroller General six hundred dollars per annum; the Secretary of State two hundred dollars per annum; the Surveyor General five hundred dollars per annum; the Secretary of the Senate three hundred dollars per annum; the Clerk of the House of Representatives three hundred dollars per annum; the Judges of the Superior Courts, one thousand four hundred dollars each per annum; and the Attorney and Solicitors General one hundred and fifty dollars each per annum; which said several sums shall be paid to the said officers quarter yearly, out of any monies which may be in the Treasury not otherwise specially appropriated. 2. And be it further enacted, That this act shall continue

Page 65

and be in force until the expiration of the political year one thousand eight hundred and seventeen, and from thence until the same shall be repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM REBUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 22d November, 1815. AN ACT For the relief of John Moore, of Jasper county. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid, That the fine imposed on John Moore, of Jasper county, by his Honor Judge Harris, at February Term, 1815, be, and the same is hereby annulled and set aside. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1815. AN ACT To authorize the Trustees of the Richmond Academy to establish a Seminary of Learning on the Sand-Hills near Augusta, to be held and considered as a branch of the Richmond Academy. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the Trustees of the Richmond Academy, or a majority of them, to establish a Seminary of Learning on the Sand-Hills near Augusta, to

Page 66

be held and considered as a branch of the Richmond Academy, and to be governed by such rules and regulations as govern the said institution. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815. AN ACT To amend the fifth section of an act, supplementary to, and amendatory of an act, entitled an act, to amend an act, entitled an act, to authorize the fortunate drawers in the Land Lotteries in this state, to take out their grants until the tenth day of November one thousand eight hundred and fourteen, and after that day to authorize any citizen of this state, to take out grants in said Lotteries, and for other purposes therem mentioned, passed on the tenth of November, 1814. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the 10th of January next, it shall and may be lawful for any person or persons, citizens of this state, who shall apply at the necessary offices, to take out and receive, in his, her or their own name or names, a grant or grants for any lot or lots of land, in either of the Land Lotteries of this state, which shall not heretofore have been granted, on payment of the sum of ten dollars on each grant. 2. And be it further enacted by the authority aforesaid, That the several State-House officers are authorized to receive as a compensation for their services on each grant when granted, to be deducted out of the aforesaid grant fees, the following sums, to wit: To the Surveyor General one dollar twenty five cents: to the Secretary of State one dollar fifty cents; to the Treasurer twenty-five cents;

Page 67

to the Comptroller twenty-five cents; to the Governor's Secretaries twenty-five cents. 3. And be it further enacted by the authority aforesaid, That nothing contained in this act, shall be so construed as to deprive orphans of the benefits of the act to which this is amendatory. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th December, 1815. AN ACT For the relief of Elisha Wright. WHEREAS Elisha Wright of the county of Putnam, in the year 1812, became security for the appearance of one James Pitman at the Superior Court of Hancock county, at February term, 1812; and at February term, 1813, the recognizance of the said Elisha Wright and James Pitman was forfeited. At August term, 1815, a sci fa issued against the said Elisha Wright, and a verdict was rendered against him for one thousand dollars with costsAnd whereas the said Elisha Wright hath petitioned this Legislature, praying that he may be released from the payment of his said recognizance, on condition that he, the said Wright, shall deliver the body of the said James Pitman, to the proper officer of Hancock county, on or before the last day of the term of the Superior [Illegible Text] of said county, in August, 1816. 1. BE it enacted by the General Assembly of the state of Georgia, and it is hereby enacted by the authority of the same, That all further proceedings against the said Elisha Wright, on account of his said recognizance, be suspended until the last day of the term of the Superior Court of said county, in August, 1816. 2. And be it further enacted, That the said Elisha Wright be, and he is hereby exonerated from the payment

Page 68

of his said renognizance Provided, he shall deliver to the proper officer of Hancock county, the body of the aforesaid James Pitman on or before the last day of the term of the Superior Court of said county, in August 1816. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHLL, Governor Assented to, 12th December, 1815. AN ACT To incorporate the town of Jacksonville, in the county of Telfair. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That Charles M'Kinyan, Abell L. Hatton, William Harris, Nathaniel Ashley and Noah Palmour, be Commissioners of said town, and they and their successors in office, shall have full power and authority to pass all bye-laws and regulations, which may be necessary for the improvement and repairing the streets, springs and internal police of said town, and the preservation, repairs and charge of the public buildings in said town Provided nevertheless, that such bye-laws, rules and regulations, shall not be repugnant to the constitutional laws of this state, and that no penalty thereby imposed, shall extend to corporal punishment, except to people of colour; nor shall any tax upon the people of said town be imposed, which shall exceed one dollar upon each poll for the same year. 2. And be it further enacted, That the said Commissioners shall continue in office until successors are elected in their place; and it shall be lawful on the first Monday in January in every year for all the free male citizens of the said town above the age of eighteen, to assemble at the Court-house in said town, and by ballot elect five Commissioners, at which election two Justices of the peace for said county shall preside as Judges of the election.

Page 69

3. And be it further enacted, That the powers confided to this incorporation, shall not exceed the limits of the land belonging to the public, and that the name of Jacksonville is here intended to perpetuate the name and memory of the hero of New-Orleans. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th December, 1815. AN ACT To amend an act, entitled an act, to regulate the town of Darien in the county of M'Intosh, passed the 22d December, 1808. 1. BE it enacted by the General Assembly of the state of Georgia, it is enacted by the authority of the same, That the election of Commissioners for the town of Darien, shall be held and conducted by two Justices of the Peace, or of the Inferior court, or one Justice as aforesaid, and one or more freeholders, which said election shall be held at the time and manner pointed out by the above recited act; and the said superintenders shall certify the five persons having the highest number of votes, which five persons shall be the Commissioners of the town of Darien as aforesaid, until their successors shall have been elected at the time prescribed by the above recited act. 2. And be it further enacted, That all male slaves, whose usual place of residence is in the town of Darien, as well as all free male persons of colour, shall not be liable to work on the roads of said county, but shall be subject to work on the streets and commons of the said town of Darien, in such manner as the Commissioners, or a majority of them shall direct; and all persons owning slaves in said town, liable to work as aforesaid, shall pay two dollars per day for each hand he, she or they shall fail to furnish, after they shall have been notified by order of said Commissioners, to be recovered by warrant from under

Page 70

the hand of said Commissioners, or a majority of them, directed to any lawful cunstable who is hereby authorized to levy and collect the same in the same manner as practised in case of executions issuing from a Justices court, and pay over the same in thirty days to said Commissioners. 3. And be it further enacted, That all free persons of colour subject by this act to work on the streets and Commons of the town of Darien, who shall fail to attend and perform the duties required of them by this act, when notified by order of the said Commissioners, or a majority of them, shall forfeit and pay the sum of two dollars for every day he shall fail to work as aforesaid, to be recovered by warrant from under the hands of the said Commissioners, or a majority of them, which shall be levied and collected in the same manner and under like restrictions as other forfeitures pointed out by this act. 3. And be it further enacted by the authority aforesaid, That so much of the before recited act, passed on the 22d day of December 1808, and all other acts or parts of acts militating against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to 8th December, 1815. AN ACT To sell and dispose of the Court-house and Jail, and two acres of land formerly the Court-house, Jail and the public square of Montgomery county now in the county of Emanuel. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That the Commissioners of the Court-house and Jail in the county of Emanuel, be authorized, and they are hereby directed to dispose of and sell the said Court-house and Jail, and the aforesaid two acres of land, it being

Page 71

the public lot of said county of Montgomery formerly, [Illegible Text] Emanuel, and that the money arising from the [Illegible Text] of said Court-house, Jail and two acres of land be returned to the Inferior court of Emanuel county, to be disposed of in discharging any demands against said county, which may be approved of by the said Inferior court of said county. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815. AN ACT For adding part of Jasper county to Morgan county. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That all [Illegible Text] part of Jasper county north of a line begining at the corners of Jasper, Morgan and Putnam counties, and running a direct course through the 15th and 19th districts, and intersecting the Indian boundary line at the corner of lots No. 154 and 181 in said 19th district, be added to, and become a part of Morgan county, and that the County Surveyor of Morgan county be directed to run said line by the Inferior court of said county, after the 10th day of January next, and that the said court be authorized to pay said Surveyor for running said line, as to them may appear just Provided nevertheless, that nothing in this law shall be so construed as to prevent the Collector of taxes for the county of Jasper, to collect the arrears of taxes due from any of the citizens of that part of Jasper county now added to the county of Morgan. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1815.

Page 72

AN ACT To quiet and confirm the titles of the lot-holders in the town of Louisville, and for other purposes. WHEREAS the lot-holders in the town of Louisville, have by their memorial set forth, that during the Revolutionary struggle, many of the public records of this state, of great importance, were lost or destroyed, and that the original record of the plat of land, granted to David Russel, whereon the town of Louisville is now situated, cannot be found, and without which the said tract of land cannot be identified; and moreover, that the plat and grant delivered to the original grantee David Russel, and the intermediate conveyance from David Russel to Roger Lawson, during the revolutionary war, were either lost or destroyed, and no record of any of them, except the record of the original grant, can be found in any of the offices where it is most likely they would have been recorded, and whereas for the want of those necessary evidences of title, no lot holder in the town of Louisville according to the strict rules of law, can maintain an action for the recovery of his property, against him, who should unlawfully have gotten and keeps possession of the sameFor remedy whereof, and in order that the real and bona fide owners of property in the said town of Louisville may be quieted and secured in the just possession of their property. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, that in all actions for the recovery of lots of land in the said town of Louisville, the parties to the action, shall not be required to go further back in deducing title, than to the title from Roger Lawson and wife to the Commissioners of said town Provided nothing herein contained shall operate or be so construed as to effect the claim of any person or persons having a fair and regular title derived under a grant from the State of Georgia, for any of the before discribed tract of land. 2. And be it further enacted by the authority aforesaid,

Page 73

That all laws and parts of laws [Illegible Text] against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815. AN ACT To authorize the Adjutant General of this state to appoint an assistant to perform the duties of his office during his absence at any time from this state. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is enacted by the authority of the same, That the Adjutant General of this state shall be, and he is hereby authorized to appoint an assistant, to perform the duties of his office during his absence at any time from this state Provided, he shall obtain a furlough from the Executive expressing the time of his absence from the state, and the Executive approval of his assistant so appointed Provided also, that the said Adjutant General shall pay the assistant so appointed out of the salary allowed him by law. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT To divorce Nancy Brown and Solomon Brown her husband, and Samuel Berry and Nancy Berry his wife. 1. BE it enacted by the Senate and House of Representatives

Page 74

of the state of Georgia in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, the matrimonial connexions existing between Nancy Brown and Solomon Brown her husband, and Samuel Berry and Nancy Berry his wife, be henceforth dissolved and set aside as fully, completely and entirely to all intents and purposes, as if the same had never been entered into between them. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT To secure to Ransom Carson, a citizen of Wayne county, the right and privilege of establishing a ferry across the river Satilla in said county. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia in General Assembly met, and by the authority of the same, That the right and privilege of establishing a ferry across great Satilla river, at the place formerly called Carson's ferry, be, and the same is hereby confirmed unto Ransom Carson, his heirs and assigns Provided the said Ransom Carson shall own the lands on each side of the river, for the term of seven years, commencing the first day of January, one thousand eight hundred and sixteen And provided also, the said Ransom Carson, shall within three months, have a sufficient flat or ferry-boat for the passage of travellers with waggons and carriages across the said river. 2. And be it further enacted, That the said Ransom Carson, his heirs and assigns, shall and may demand and receive the several sums hereinafter specified at the place aforesaid, that is to say; for every foot passenger six and a quarter cents, for each man and horse twelve and an half cents, for each single lead horse six and a quarter cents,

Page 75

for each two wheel carriage thirty seven and an half cents, for each four wheel carriage seventy-five cents, for neat cattle per head three cents, for goats sheep or hogs two cents. 3. Be it further enacted, That when there is a fresh in said river, which will occasion long ferriage, that the said Ransom Carson, his heirs or assigns, shall demand and receive the following rates, hereinafter specified, that is to say; for every foot passenger, twelve and an half cents; for every man and horse, twenty-five cents; for every lead horse, eighteen and three quarter cents; for every two wheel carriage, sixty two and an half cents; for every four wheel carriage, one dollar. 4. And be it further enacted, That when the abovementioned river shall be so low at the above mentioned place, that passengers can ford the same, that the above rates shall not be demanded. 5. And be it further enacted, That it shall not be lawful for any person or persons in any way to obstruct the ford, at which the said ferry is intended to be established, under the penalty of one hundred dollars, to be recovered before any court having competent jurisdiction thereof, one half to the complainant, [Illegible Text] the other half for the use of county purposes. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815. AN ACT To authorize the Justices of the Inferior Court of Jasper county to levy an extra tax for county purposes. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior court of Jasper county or a majority of them, are hereby authorised to levy an extra

Page 76

tax on the inhabitants of said county, for one year, which shall not exceed one third of the general tax of said county; and the Collector of said county shall be entitled to two and one half per cent, for collecting and paying over the same, which shall be collected in the same manner as the general tax of said county, to be applied to county purposes. BENJ. WHITAKER, Speakre of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815. AN ACT For the better regulation of the town of Watkinsville in the county of Clarke. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That George W. Moore, Ira E. Paschal and George Rochfort shall be commissioners of said town, and their successors in office, in place of Bedford Brown, Edward Bond and Robert Echols, removed, and shall have full power and authority to pass all bye-laws and regulations which may be necessary for the improvement and repairing of the streets of the said town, and the preservation of the public Springs Provided, That such bye-laws and regulations shall not be repugnant to the Constitution and laws of this state, and that no penalty thereby imposed shall extend to corporal punishment, except to people of color And provided also, That the said commissioners shall not impose any tax upon the citizens of the said town, which shall exceed one dollar on each poll, within the term of one year. 2. And be it further enacted, That the said Commissioners shall continue in office until the first Monday in January eighteen hundred and seventeen, and on the first Monday in every year thereafter, on which day all the free male white citizens of the said town, who have given in

Page 77

their taxable property, and who are entitled to vote for members of the General Assembly, shall assemble at the court-house in said town, and by ballot elect other commissioners, who shall continue in office for one year; at which election, two Justices of the Peace for said county shall presidePROVIDED NEVERTHELESS, That the said commissioners shall be re-eligible to the said appointment. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, D. B. MITCHELL, Governor. Assented to, 14th December, 1815. AN ACT To amend an act, entitled an act, for the better regulation of the town of Greensborough, and for the appointment of Commissioners of the Academy of the county of Greene and Siloam meeting-house in said county; and to amend an act, entitled an act, for the better regulating of the town of Greensborough, and for the appointment of Commissioners of the county of Greene and Siloam meeting-house in said county, and to incorporate the same. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the Commissioners of the town and corporation of Greensborough, for the time being, and their successors in office, shall have full power and authority to impose such tax or taxes on the inhabitants of said town and corporation, as they may deem necessary for the purpose of improving and keeping in good order the springs within the limits of said corporation, commonly called and known by the names of Rucker's spring, Armor's or Rock spring, and Park's spring Provided, that such tax shall not exceed the sum of one dollar on each and every person liable by law to pay a poll tax, or who shall be the head of a family without being so liable, within the term of one year. 2. And be it further enacted, That the said Commissioners

Page 78

shall have full power and authority to impose a tax not exceeding five dollars for every twenty four hours, or any term under that time, upon all and every person or persons, who shall open or establish a Faro-Bank, A. B. C. or Equality table, or any table upon what is denominated light construction, within the jurisdiction and limits of said corporation; and also a tax, not exceeding five dollars per week, or any term under that time, upon all and every person or persons, who may open or make any public show or exhibition of wax work, rope dancing, puppet show, circus riding, fire works, or any other public show or exhibition whatsoever, in any public or private house, or in any other place or places within the jurisdiction and limits of said corporation. 3. And be it further enacted, That the said Commissioners shall have full power and authority to appoint from among the persons residing within the limits of said corporation, a patrol or patroles for said corporation, at such times and on such occasions as they may deem proper Provided, that one person at least, of those composing such patrol or patroles, shall be a slave holder, and that no punishment inflicted by such patrol or patroles on any slave or slaves, shall exceed moderate correction Provided also, that all and every person or persons, who shall refuse to do patrol duty when required as aforesaid, shall, without good excuse to be rendered to said Commissioners, be liable to be fined by said Commissioners in any sum not exceeding five dollars, and the said delinquent shall have five days notice in writing, of the time and place for hearing said excuse. 4. And be it further enacted, That all monies now in the hands of the Commissioners, or that may now be due or owing to them by bonds, notes, or otherwise, shall be reserved for and applied by said Commissioners, to the sole and exclusive use and support of the Academy of said county, and to the improving and keeping in repair Siloam meeting-house, to be disbursed by them for the purpose or purposes aforesaid, at such time and on such occasions as they shall deem necessary and proper. 5. And be it further enacted. That said Commissioners shall have full power and authority to punish all and

Page 79

every contempt or contempts committed in their presence while sitting as a board Provided that no fine imposed for any single offence aforesaid, shall exceed the sum of twenty dollars. 6. And be it further enacted, That all tax or taxes, and fine or fine or fines, arising under the 2d and 5th sections of this act, shall be applied exclusively to the use and support of the Academy aforesaid, and the improving and keeping in repair Siloam meeting-house; and that any fine or fines arising under the 3d section hereof, shall be applied to such purposes as the discretion of said Commissioners may direct. 7. And be it further enacted, That all and every fine or fines arising under the aforesaid 5th section, shall be collected in such manner and form as such contempts are usually collected by the Superior court at common law; and that all other fines or taxes arising under this act, shall be collected by executions signed by said Cummissioners, or a majority of them, and directed to any officer of said Commissioners, or to any other person (in case there should be no officer), who shall be authorized to levy the same on the property both real and personal, of the person or persons so taxed or fined, and shall expose the same to sale at the door of the Court-house in said town, between the hours of ten and three Provided, that such officer or other person selling the same, shall give at least ten days notice by advertisement in two of the most public places in said town, of such intended sale. 8. Be it further enacted, That the commissioners of the town, shall have the entire control of all the citizens and hands who actually reside within the limits of the corporation, that are liable to work on roads, for the express purpose of keeping all the streets of said town in good repair; and that the said citizens and hands shall not be liable to work upon the district roads; but the commissioners of the roads shall have full power to control the direction of all hands liable to work on roads, who actually reside without the jurisdictional limits of the said corporation. 9. And be it further enacted, That a majority of said Commissioners, shall be sufficient to constitute a board to

Page 80

carry this act into execution; and that such board shall have full power and authority to pass all bye-laws, rules and regulations which may be necessary to the government and well being of said corporation Provided that such bye-laws, rules or regulations, be not repugnant to the constitution and laws of this state, or of the United States. 01. And be it further enacted, That all laws and parts of laws [Illegible Text] against this act, be, and the same are bereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. [Illegible Text] to, 16th December, 1815. AN ACT To alter the names of Aden Moss to that of Aden Powell, William Henry Braziel, Henry William Braziel Ambrose Ranson Bruziel, to that of William Henry Wright, Henry William Wright and Ambrose Ransom Wright, and James West to that of James Heard. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, Aden Moss shall be called and known by the name of Aden Powell, and William Henry Braziel, Henry William Braziel and Ambrose Ransom Braziel, by the names of William Henry Wright, Henry William Wright, and Ambrose Ransom Wright, and James West by the name of James Heard. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815.

Page 81

AN ACT To establish and marke permanent East street in the town of Washington, in the county of Wilkes. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that the street in the town of Washington in the county of Wilkes, called and known by the name of East street, be, and the same is hereby established and made permanent in its present position, in lieu of the original street of the same name in the said town of Washington and county of Wilkes, any law, ordinance, usage or custom to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th December, 1815. AN ACT To revise and amend the road laws of this state, so far as respects the county of Laurens. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the 2d, 3d and 4th sections of an act. more effectually to open and keep in repair the public roads, cause ways and bridges in this state, passed the 16th December, 1811, be amended as follows: Be it enacted, That all able bodied effective white male inhabitants, mulattoes, free negroes slaves from the age of sixteen to fifty years, in the county aforesaid, shall be obliged to attend and work on the public roads, c. as directed in said act; and that all overseers appointed agreeable to the 3d section of said act, be, and they are hereby authorised to exempt from labour one hand as a warner,

Page 82

whose duty it shall be to summon defaulters to attend the board of Commissioners, as well as hands to work in terms of the law. 2. And be it further enacted, That the time of trying defaulters shall be within twenty days after working, and that the Constable collecting fines shall be entitled to the same fees allowed in other cases, to be paid by the defaulters in like manner. 3. And be it further enacted, That all laws or parts of laws militating against this act, so far as respects the county of Laurens, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. [Illegible Text] [Illegible Text] [Illegible Text] Governor. Assented to, 14th December, 1815. AN ACT To amend an act, entitled an act, to incorporate the town of Hartford in the county of Pulaski, and to vest certain powers in the Commissioners thereof. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Commissioners of the said town of Hartford, shall take the following oath before a Justice of the Inferior court, or Justice of the peace; [Illegible Text] A. B. do solemnly swear or affirm. (as the case may be), that I will to the utmost of my power, support, advance and defend the good order, peace and welfare of the town of Hartford, as Commissioner of said town, so help me God. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th December, 1815.

Page 83

AN ACT To [Illegible Text] a tax on the citizens of Hancock county, for county purposes. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, all acts, or parts of acts, imposing a tax on the citizens of Hancock, for county purposes, be, and they are hereby repealed; and that the Inferior court of said county be authorized to levy not exceeding one fourth of the amount of the general tax imposed on said county, for the purpose of establishing a fund to be appropriated to county purposes, subject to the orders of said court. 2. And be it further enacted, That the said tax shall be collected at the same time and manner, and by the same person who may collect the general tax, and he shall be allowed the same per centum for his services. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 30th November, 1815. AN ACT To relieve and exonerate William O. Whitney and Nathaniel Payne from their bond or recognizance given to prosecute an indictment in behalf of the state of Georgia against Farly Thompson. WHEREAS William O. Whitney principal and Nathaniel Payne his security, on the twenty-ninth day of May, eighteen hundred and eight, gave and executed their bond or recognizance in the sum of five hundred dollars, conditioned to prosecute an indictment against Farley ThompsonAnd whereas an indictment was duly prefered at October term eighteen hundred and eight, and at April term 1809, the prisoner Farley Thompson, arraigned and

Page 84

plead not guiltyand whereas it appears that the prosecutor attended every court pending the indictment up to the term at which a [Illegible Text] prosequi was entered, and at which term the said recognizance was forfeited; 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the said William O. Whitney and Nathaniel Payne be, and they are hereby exonerated and discharged from their said bond or recognizance, on paying the fees of court; and on the payment of said fees, it shall be the duty of the Solicitor General in the Western District to cause satisfaction to be entered on record, and the recognizance delivered up to the said William O. Whitney. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 8th December, 1815. AN ACT To authorise the Inferior Courts of Lincoln and Wilkes counties to levy an extra tax. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior court of the county of Lincoln, or a majority of them, be, and they are hereby authorised (from and after the first day of January next,) to levy an extra tax on the inhabitants of said county, for two years, which shall not exceed one fourth part of the general tax assessed for that period, for the purpose of defraying the expence of building a common Jail in said county. 2. And be it further enacted, That the Justices of the Inferior court for the county of Wilkes, or a majority of them, be, and they are hereby authorized from and after the first day of January next, to levy an extra tax on the

Page 85

inhabitants of said county liable to pay tax, which said extra tax shall not exceed one third part of the general tax assessed for the year eighteen hundred and sixteen, for the purpose of building a court-house and jail in the said county. 3. And be it further enacted, That the said extra tax shall be collected by the Tax-Collectors of said counties for the time being, whose duty it shall be to pay over the same to the Inferior courts thereof, to be appropriated by them, for the purpose aforesaid, after deducting the usual per centum for collection. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1815. AN ACT To authorize the Justices of the Inferior court of [Illegible Text] county to levy an [Illegible Text] [Illegible Text] 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior court of the county of Pulaski, be, and they are hereby authorized to levy an extra tax, not to exceed one fifth of the state tax, on the inhabitants of the above named county liable to pay tax, for the purpose of aiding the county funds to build a Jail and for other purposes; and said tax to be collected in the same manner and under the same restrictions as other tax collected for the year one thousand eight hundred and sixteen. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th December, 1815.

Page 86

AN ACT To divorce Edmund Warren and Anna his wife. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the matrimonial connexion or civil contract of marriage, made between Edmund Warren and Anna his wife, late Anna Black, shall be completely annulled, set aside and dissolved, as fully and effectually as if no such contract had ever heretofore been made and entered into between them. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT For relieving the citizens of this state from paying taxes for property plundered and taken away by the British since the first day of January last. WHEREAS, many good citizens of this state owned and possessed certain taxable property on the first day of January last, which property agreeable to the tax laws of this state, was obliged to be returned, and the regular tax assessed thereon by the receivers of tax returns, and the Tax Collectors are bound to demand and collect the same, for remedy whereof; 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid, That where any person or persons in this state, have been plundered or deprived of his, her or their taxable property or any part thereof, by the British in the last war, since the first day of January last, it shall be lawful for him,

Page 87

her or them, so losing his, her or their taxable property, to go before some Justice of the peace, or other proper person, and make oath or affirmation in writing, which oath or affirmation shall contain a statement of the true quantity of taxable property so taken away as aforesaid. 2. And be it further enacted, That the Tax Collectors of the several counties, are hereby authorized, to deduct from the amount of taxes due by any person or persons, such portion or portions of taxes, which shall appear to be due for property plundered and taken away since the first day of January last Provided, the person or persons so applying to be relieved, shall first furnish the Tax Collector with a statement in writing of the quantity of taxable property so lost by him, her, or them, which statement must be sworn or affirmed to as above prescribed. 3. And be it further enacted, That the amount of taxes so appearing to be deducted, shall be allowed and deducted from the whole amount of taxes which by the digest of taxes may appear to be due from any county, and be allowed or credited by the Treasurer of this state Provided nevertheless, that no defaulter shall receive any benefit contained in this act, until he shall have made out a return of his then taxable property on oath, and return the same to the Tax Collector of the county in which he, she, or they shall reside. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1815. AN ACT To establish an Academy in the town of Monticello, by the name of the Monticello Academy, in Jasper county. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, by the authority of the same, That Peter W. [Illegible Text]

Page 88

John Moore, Milton Antony, Charles Cargill, Spencer Crane and Lewis C. Holland, are appointed, and they and their successors in office shall be, and they are hereby declared to be, a body corporate, by the name style of the Monticello Academy in Jasper county, with the privilege of having and using a common seal. 2. And be it further enacted by the authority aforesaid, That the aforesaid Trustees and their successors in office, or a majority of them, are hereby authorized to make such bye-laws and regulations as are or may be necessary for the government of said Academy; and they shall be invested with all manner of property both real and personal, all donations, gifts, grants, privileges and immunities whatsoever, which may belong to said institution by virtue of this act, or any heretofore made, conveyed or transfered to them or their successors in office, to have and to hold the same for the proper benefit and behoof of said Academy Provided, such bye-laws and regulations aforesaid, be not [Illegible Text] to the constitution and laws of this state, or of the United States. 3. And be it enacted by the authority aforesaid, that the Trustees aforesaid and their successors in office, shall be, and they are hereby declared to be able and capable in law, to sue and be sued, plead and be impleaded in any court of law or equity in this state, and of using all lawful and necessary means for recovering or defending any property, debt or demand, which they claim or demand in right of said institution; and also of recovering [Illegible Text], issues and profits of the same or any part or parcel thereof. 4. And be it further enacted by the authority aforesaid, That should any vacancy happen by the death, removal, or resignation of any of the trustees of the Monticello Academy hereby established, it shall be filled in such manner as a majority of the survivors shall point out, in their [Illegible Text] at their first meeting after the passing of this act, or at any time thereafter Provided, the same shall not exceed three months. 5. And be it further enacted by the authority aforesaid, That the said trustees shall have power, whenever they shall deem it necessary to appoint a Treasurer, who shall

Page 89

give bond with approved security, payable to the Governor or his successors in office, in the sum of five thousand dollars, for the faithful performance of the duties of said office. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th December, 1815. AN ACT To amend an act, regulating roads in this state, so far as respects the county of Glynn, passed on the thirtieth day of November, 1813. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That immediately after the passage of this act, the Justices of the Inferior court of Glynn county, shall be, and they are hereby authorised and required, to appoint three commissioners for each road of a public nature in said county, who are to direct and superintend the labor to be performed on said road or roads, and that the said Justices shall also have power and authority to fill all vacancies in the board of commissioners, that may be occasioned by death or otherwise, and that the power and authority of the Commissioners previously appointed to the passing of this act, shall henceforth cease and be determined. 2 And be it further enacted, That the Justices of the Inferior court of the county of Glynn, or a majority of them, are hereby empowered at their discretion, to reject or confirm all county roads heretofore laid out; also, to appoint superintendants for the same, at all times when requested, and to apportion the hands for the said roads as they may think most proper. 3. And be it further enacted, That the Justices of the Inferior court aforesaid, shall have full power to regulate and direct all things regarding the public roads, so far as relates to the Island of St. Simons in the said county, any

Page 90

thing in any other law to the contrary notwithstanding. 4. And be it further enacted, That when any person shall be a defaulter on any of such roads, it shall be the duty of the Commissioner of the roads, to which he or they may belong, to give twenty days notice by advertisement, in one or more of the [Illegible Text] public places in the county aforesaid, of the time and place of their meeting; and a majority of them on the day pointed out, shall determine on the excuse of any such delinquent, and shall within ten days thereafter, issue execution against such person or persons, as shall not have rendered to them a sufficient excuse. 5. And be it further enacted, That if any person or persons, shall be nominated Commissioner or Commissioners of the roads of said county, and shall accept such appointment, and hold the same for sixty days, it shall not be lawful for him or them to resign such appointment for twelve months after the date thereof; and in case of refusal to act under such appointment, after the expiration of sixty days as aforesaid, that then and in that case, such Commissioner or [Illegible Text], shall be liable to a fine of five hundred dollars each, to be collected by action of debt in the name of the state. 6. And be it further enacted, That when any Commissioner or Commissioners, shall neglect to fulfil his or their duty in causing those persons liable to work on the road, to be summoned, or after such summons being served, shall fail to see the duty of such persons well and truly performed in laboring on the roads; that then and in that case, such Commissioner or Commissioners shall forfeit and pay the sum of one hundred dollars, for each and every instance of neglect, to be collected by action of debt in the name of the state. 7. And be it further enacted, That for each and every person, free man or slave, liable to work on the roads by the laws of this state, and failing so to do, there shall be a fine of one dollar per day, paid for every day's failure by the free man himself, and by the owner or possessor of the slave, to be recovered by warrant under the hand and seal of the Commissioners aforesaid. 8. Be it further enacted, That it shall be the duty of

Page 91

[Illegible Text] said Commissioners to collect and pay over the above [Illegible Text] within sixty days after the last day of working on the roads, to the Treasurer of the Academy of Glynn county, and that it shall be the duty of the Justices of the Inferior court, at their next meeting after the expiration of the sixty days aforesaid, to enforce such payment on the part of said Commissioners, by warrant under their hands and seals, for all sums under thirty dollars, and for all sums over that amount, to cause separate suits to be commenced by the Solicitor General, at the next term of the superior court, in the name of the state. 9. And be it further enacted, That all laws and parts of laws militating against the provisions of this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1815. AN ACT For the better regulation of boats and boats crews navigating the Savannah river from the city of Augusta to the head waters of said river. WHEREAS the inhabitants of this state residing on or near Savannah river, complain of serious injuries inflicted on their rights and property, by boats crews navigating the waters aforesaid, for remedy whereof; 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of January next, it shall be the duty of all owners or agents of boats employed in the navigation of the aforesaid waters, to grant to each and every boat respectively, previous to its departure from the landing or wharf, a certificate or bill of lading, shewing its destination, contents, the name of its Patroon and Consignee, which certificate or bill of lading shall at all times

Page 92

be subject to the examination of any free white person or persons requiring the same. 2. And be it further enacted, That if any owner or agent as aforesaid shall neglect or refuse to furnish the certificate or bill of lading required by this act, or the Patroon upon application, or being required by any free white person as aforesaid, shall refuse to exhibit his certificate or bill of lading as aforesaid, the owner of such boat or boats shall for every such refusal or neglect be liable to indictment in the Superior courts of this state, and on [Illegible Text] thereof forfeit and pay the sum of fifty dollars, one half thereof to the use of the informer and the other half to the use of the county where such conviction shall take place. 3. And be it further enacted, That owners of boats navigating the waters aforesaid, shall be liable and compelled to pay for all pillages and thefts committed by their respective crews on conviction of the offender or offenders. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, D. B. MITCHELL, Governor. Assented to, 6th December, 1815. AN ACT To incorporate the Commissioners of the Morgan academy, by the name and style of the trustees of Madison Academy. WHEREAS it comports with the true genius and spirit of our happy form of government to encourage all institutions tending to the diffusion of useful knowledge among our citizens; 1. BE it therefore enacted by the Senate and House of Representatives of the state of Georgia in General Assembly met, and it is enacted by the authority of the same, That from and after the passage of this act, the Morgan county academy shall be known and called the Madison academy; and that Adam G. Saffold, Bedney Franklin, John Wingfield, Warren Jordan and James Mitchell and their successors in office, be, and they are hereby declared

Page 93

to be a body politic and corporate, by the name and style of the trustees of Madison academy, and as such body politic shall be capable of suing and being [Illegible Text], and shall be capable of doing all other acts which may be necessary to the execution of the trust confided to [Illegible Text]: and for that purpose may have and use a common seal, appoint such officers as they may think proper, and [Illegible Text] the same for any malfeasance or neglect of duty. 2. And be it further enacted, That the said trustee shall be capable of accepting all bequests, gifts and donations which have been or may be hereafter bestowed upon them, and shall hold the same according to the [Illegible Text] and conditions contained in such donation or bequest. 3. And be it further enacted, That all vacancies which may happen in the board of [Illegible Text], shall be filled by the General Assembly of this state, and it shall be the duty of the said board, yearly and every year, to lay a correct account of their receipts and expenditures of the preceding year, before the Grand Jury of Morgan county Provided nevertheless, That nothing herein contained shall be [Illegible Text] to impair the powers of the board of trustees of the University of Georgia, or of the Senatus Academicus, or of the board of [Illegible Text], granted them by the several acts regulating the University of [Illegible Text]. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL. Governor. Assented to, 16th December, 1815. AN ACT To define the duty of the Justices of the Inferior [Illegible Text] in regard to the books of record of their respective counties; and to define the duties of the Clerks of the Superior and Inferior courts, with respect to county funds. WHEREAS, much injury may be sustained by the citizens of this state, from important matter being recorded

Page 94

on loose paper or books unbound, and subject to come to pieces in a short term of years; 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That it shall be the duty of the Justices of the Inferior courts, to purchase or cause to be purchased, out of the county funds, a sufficient number of well bound blank volumes for the Clerks of the Superior, Inferior and courts Ordinary of their respective counties, and that it shall be their duty to letter or cause to be lettered and indexed, said volumes, as they in their judgment may think proper, and have them immediately entered on the minutes of the court. 2. And be it further enacted, That the Justices aforesaid, shall at the expiration of each year, cause said Clerks to produce a schedule of the books in their repective offices, and have the same duly recorded. 3. And it is hereby further enacted, That it shall be the duty of the Clerks of the Superior and Inferior courts of the several counties in this state, to lay before the Inferior court of their respective counties, at the first annual session of said courts, a correct statement of the several sums of money received for county rates or taxes, or fines, forfeitures, impositions, licence or otherwise, in such method, as that the net proceeds of the whole revenue of such county, and the amount of the several disbursements in discharge of the several demands against such county, may distinctly appear; and if any of the said Clerks shall divert, misapply or conceal any of the money belonging to such county, he shall forfeit and pay to, and for the use of such county, double the money he shall be found so to have diverted, misapplied or concealed, to be recovered before any court having jurisdiction of the same; and it shall further be the duty of said Clerks, to record such statement of county funds in proper books, to be provided at the expence of such county. 4. And be it further enacted, That all laws or parts

Page 95

of laws militating against the foregoing act, are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT To incorporate the Savannah Library Society. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That J. Macpherson Berrien, President, Thomas Young, Vice-President, August G. Oemler, Secretary and Librarian, J. Bond Read, Treasurerand J. Almy, Thomas Bartow, W. Belcher, D. Bell, T. M. Berrien, J. Bilbo, C. Bolton, J. Bolton, S. M. Bond, W. B. Bulloch, J. S. Bulloch, G. Bunch, Thomas Burke, T. U. P. Charlton, A. Cuthbert, J. H. Clark, J. Cumming, W. Cuyler, O. L. Dobson, Charles Dunham, A. Dousset, J. Eppinger, W. Gaston, G. Glen, Thomas Glen, W. J. [Illegible Text], J. Grimes, James Habersham, Richard Habersham, Robert Habersham, W. R. Harden, Charles Harris, J. H. Hartridge, A. Hunter, James Hunter, Jno. Hunter, Jabez Jackson, George Jones, W. H. Joyner, H. Kollock, L. Kollock, F. Krceger, J. Lewis, A. Lowe, George Lowe, Robert Mackay, H. M'Call, C. M'Intyre, J. M'Queen, M. Miller, P. Mitchell, D. M'Neil, Robert Newell, A. G. Oemler, S. Owens, W. Parker, S. Parkman, J. S. Pelot, D. Ponce, J. B. Read, G. T. Seymour, M. Shearer, B. E. Stiles, R. M. Stites, B. Sturges, A. Telfair, Thomas Telfair, N. Turnbull, E. Wallen, W. Way, J. M. Wayne, Charles West, J. E. White, S. White, D. D. Williams Thomas Young, be members of the Savannah Library Society, and the successors of the said officers, and all and every persons who may hereafter become

Page 96

members of the said society shall be, and they are hereby declared to be a body corporate in deed and in name, by the name and style of Savannah Library Society, and by the said name shall have perpetual succession of officers and members, and a common seal to use, with power to make, alter, change and amend such bye-laws and regulations, as may be a reed upon by the members of the said society Provided, such laws be not repugnant to the constitution and laws of the state. 2. And be it further enacted, That the said association of persons, and their successors, shall have privilege to sue for and recover, all monies that now are, or may hereafter become due to the said Society, by any name or any manner whatsoever, and the rights and privileges of the said Society, in any court to defend and to receive, to hold real and personal property, and to take and apply all or any donations made to the said Society, and generally, they shall and hereby are declared to be vested with all the previleges, powers and advantages, rights and immunities, of a society of [Illegible Text] [Illegible Text] for the purposes intended by their institution. BENJ. WHITAKER. Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th Decembe, 1815. AN ACT To raise money by Lottery for the purpose of aiding the funds of the Savannah Poor House and Hospital. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That [Illegible Text] Lotteries be, and are hereby allowed and authorized, which said Lotteries shall be called the Savannah Poor House and Hospital Lottery of the first class; the Savannah Poor-House and Hospital Lottery of the second class, and the Savarnah Poor-House and Hospital Lottery of the third class; and that said Lotteries shall

Page 97

be managed and drawn publickly in the City Hall at Savannah, under the direction of John Bolton, James Johnston, John P. Williamson, George Anderson, Wm. Gaston, Barney M'Kinne, A. Richards, Isaac Minis, Lemuel Kollock, Robert Habersham, N. S. Bayard, John Eppinger, James Morrison, Richard Richardson, John Lewis, William Williamson, and Josiah Penfield, who are hereby appointed Commissioners for that purpose, and are hereby authorized to adopt such scheme or schemes, as they or a majority of them, shall deem most fit, to raise the sum of thirty thousand dollars. 2. And be it further enacted, That the money arising from the said Lotteries, after deducting the expenses attending the same, be, and is hereby appropriated to the use and aid of the funds of the Savannah Poor-House and Hospital Society. 3. And be it further enacted, That in case of the death, resignation or removal of either of the Commissioners named in the first section of this act, that it shall be lawful for the remaining Commissioners, after thirty days notice in either of the Gazettes of this state, to fill up the vacancy by election. 4. And be it further enacted, That the Commissioners aforesaid, shall within sixty days after the drawing of each of the said Lotteries, pay over the prizes to the fortunate drawers, subject to such deduction as shall be made known in their published scheme or schemes, and that the ballance after deducting expences, shall in ninety days after the drawing of each Lottery, be paid over to the managers of the said Poor-House and Hospital Society, or by their order, to the President, Treasurer or Secretary of the said corporate body. 5. And be it further enacted, That all sums of money arising from the aforesaid Lotteries, which may be detained in the hands of either of the aforesaid Commissioners, or by any other person or persons, shall be recovered and sued for in any of the courts of this state, at the instance and in the name of the Savannah Poor-House and Hospital Society. 6. And be it further enacted, That the Commissioners aforesaid, shall previously to the sale of any of the

Page 98

tickets, give bond and security in the sum of one hundred thousand dollars, for each class, in the order the same may he drawn, for the faithful performance of their duty, made payable to his Excellency the Governor for the time being, and his successors in office, to be approved of by the Justices of the Inferior court of Chatham county, or a majority of them, and to be filed of record in the Clerk's office of the Superior court of said county, and suit may be brought thereon, or on a certified copy thereof, by order of said Superior court, on the request of the party or parties injured, in the name of his Excellency the Governor, for the time being, for the use of the party or parties injured; and also with the further condition to refund any sums paid for tickets if the said Lottery should not be drawn; if drawn, to pay to the fortunate drawers the amount of prizes drawn, within sixty days after the drawing is completed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 14th December, 1815. AN ACT To alter the mode of holding the Mayor's court in the city of Savannah, and to increase the jurisdiction thereof. 1. BE it enacted by the Senate and House of Representatives of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the court heretofore held in the city of Savannah by three presiding Aldermen, and called the Mayor's court, shall be held by the Mayor alone. 2. And be it further enacted by the authority aforesaid, That the jurisdiction of the said court be, and is hereby extended and increased to two hundred dollars. 3. And be it further enacted by the authority aforesaid, That the Mayor shall receive for his services as sole Judge

Page 99

of said court, a salary or compensation, to be paid out of sums to be collected, as additional costs, on each and every suit hereafter brought and instituted in said court, to be imposed as follows: on every suit not exceeding fifty dollars, the sum of one dollar and fifty cents; in every suit above fifty dollars, and not exceeding one hundred dollars, the sum of two dollars; on every suit above one hundred dollars, and not exceeding one hundred and fifty dollars, the sum of three dollars; and on every suit exceeding one hundred and fifty dollars, the sum of four dollars; which additional costs, the Clerk of the said Mayor's court, shall be bound to demand, from all and every person or persons, upon the institution of every suit, and to make a regular return and payment thereof to the Mayor as Judge of said court, at every sitting of the said court, under the penalty of one hundred dollars, to be enforced by attachment a gainst the said clerk as for a contempt. 4. And be it further enacted by the authority aforesaid, That all laws, or parts of laws, militating against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 4th December, 1815. AN ACT To incorporate a company for the improvement of the Navigation on Broad river. WHEREAS to improve the navigation of a country has always been considered worthy of Legislative attentionAnd whereas so desirable an object may be promoted by incorporating companies; 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That Nicholas M. Marks, Charles Mathews, Elisha Brewer, Thomas M. Barnett, Shaler Hillyer, Wm. Barnett, Benj. Taliaferro, Marshall Martin James Oliver be

Page 100

appointed commissioners for raising by subscription the sum of ten thousand dollars, divided into shares of ten dollars each, for the purpose of opening the navigation of Broad river, the said commissioners are hereby required to give ten days notice at the most public places on said river, of the time places for opening said subscription, which shall be kept open twenty days, shall be free for all persons whatever, to subscribe as many shares as they may think proper; and should it so happen that at the end of twenty days there should be a greater number of shares taken than are permitted by this act, the commissioners shall immediately deduct from each subscription over five shares, such proportion as will leave the stock ten thousand dollars. 2. And be it further enacted by the authority aforesaid, That so soon as said subscription shall be filled, or as soon as twenty five hundred dollars are subscribed for, after the expiration of the said twenty days, it shall be the duty of the commissioners to call a meeting of the subscribers, for the purpose of organizing said company, at which meeting there shall be chosen by ballot from among the subscribers five Directors, who shall choose from among themselves a President, and shall also have power to appoint such other officers as may appear necessary; and in choosing Directors and on all other occasions, each person having one share shall have one vote, if over one share and not over five, two votes, if over five and not over ten, three votes, and for every five shares over ten, one vote. 3. And be it further enacted by the authority aforesaid, That so soon as the said Directors shall have been elected, the said subscribers shall be, and they hereby are declared to be a body corporate, in name and deed, by the name and style of the Broad River Navigation Company, and by the said name and style shall have perpetual succession of officers and members, and shall have power and authority to have, hold, enjoy, and be invested with all manner of property both real and personal, and by the said name and style shall have power of suing and being sued, impleading and being impleaded, and of using all legal steps for recovering or defending any property whatever, which the said corporation may have, hold, claim or demand; and shall have power to make, alter, repeal, change and

Page 101

amend such bye-laws and regulations as may be agreed on by a majority of votes in said Company Provided, that such bye-laws and regulations be not repugnant to the constitution and laws of this state or of the United States. 4. And be it further enacted by the authority aforesaid, That the said Company shall have power and they hereby are authorized to remove all obstructions in said river, to build dams, cut canals, open sluices and to do and perform all and every act which may appear necessary to promote the object of their association; and from and after the said Company shall have been organized as aforesaid, it shall not be lawful for any person or persons, to obstruct or in any manner to impede the opening or clearing out of said river; and if by throwing or falling trees therein, or by any other means whatever, any person shall wilfully impair the said navigation as aforesaid, he, she or they so offending, shall upon conviction thereof, in any court having competent jurisdiction, forfeit and pay for every such offence, a sum not exceeding twenty five dollars, one half to the use of the informer, the other half to the Company Provided, the raising of any dam as aforesaid shall not be so constructed as to obstruct the free passage of [Illegible Text] 5. And be it further enacted by the authority aforesaid, That so soon as the said river shall have been cleared and sufficiently opened by said Company, to admit the passage of boats from the foot of the shoals below Anthony's mills, to the head of Watkins' mill race, then the said Company shall have full power to levy, receive and collect a toll on all articles carried up or down said river, so far as they have or shall clear and open the same, which shall not exceed twelve and a half cents for each and every hundred pound of tobacco, cotton, flour, Iron, steel and all heavy articles; and for every cubit foot contained in all bales, trunks and boxes of dry goods, not exceeding six and one quarter cents; and on every kind of lumber, not exceeding twenty five cents for one thousand feet; and also, to levy a toll in proportion to that distance from any other place on said river, between the confluence of the same with Savannah, to the mouth of Hudson's river. 7. And be it further enacted by the authority aforesaid,

Page 102

That the said Company shall keep a regular and correct account of all the expences incurred in the opening said river, and the completing such works as shall be thought necessary for carrying into effect the objects of their association, to which account shall be added fifteen per cent; a schedule of said expence with the said addition of fifteen per cent, together with a compleat description of the works shall be deposited in the Secretary of State's office, so soon as the same can be completed; and this Legislature hereby reserves to the future Legislatures of this state, the power of annulling the charter now granted, by paying to the present subscribers or their successors, the amount as stated in said schedule, with the addition aforesaid, and eight per cent interest a year, from the date of said schedule to the time of payment, which shall be exclusive of toll. 8. And be it further enacted by the authority aforesaid, That the act to incorporate a Company for the improvement of the navigation of Broad river, passed the fifteenth of December, 1810, be and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815. AN ACT To authorize the Justices of the Inferior courts in this state, to draw Grand Petit Jurors in certain cases. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior courts for the several counties in this state, or a majority of them, together with the Sheriff and Clerk of the Superior court, in any of their several counties, be, and they are hereby authorized and required in all cases where there shall or may have been a failure of the Judges of the Superior courts, in

Page 103

drawing Grand and Petit Jurors agreeably to law, to assemble at the court-house in their several counties, at any time which shall be to them convenient, and proceed to open their Jury Boxes and draw from said boxes a sufficient number of names to serve as Grand and Petit Jurors for their or either of their said counties at their next then depending Superior courts; and the Jury being so drawn, the said box or boxes again to seal and deliver, together with the keys, to the proper officer Provided, that said assemblage and drawing shall be at least sixty days previous to the commencement of the Superior court at which said Jurors shall be liable to serve. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 30th November, 1815. AN ACT To authorize the Trustees of the University of Georgia to sell the lands belonging to said University, and to systemize the funds belonging thereto. WHEREAS from the present situation of the lands belonging to the University of Georgia, the proceeds therefrom are incompetent to the support of the institution, pursuant to the laudable design of its founders, and the wishes of the General Assembly, and a judicious sale thereof, with a proper management of the funds arising from said sales, being better calculated to promote the welfare of said institution; 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That the several tracts of land, that is to say, the tract of land in the county of Greene, known by the name of the Richland creek tract; the two tracts in the county of Oglethorpe known by the names of the Fishing and Falling creek tracts; the tract of land in

Page 104

the county of Clark, known by the name of the Sandy creek tract; and the tract in the county of Franklin, known by the name of the Shoal creek tract, belonging to the University of Georgia, may be sold by the trustees of said University, and they are hereby permitted and authorized to sell the same, in such manner and upon such terms, as they or a majority of them, may deem most conducive to the interest of the said University, and the most advantageous disposition of said lands Provided nevertheless, That said lands shall be sold by lots of one hundred acres each at public outcry, and to the highest bidder. 2. And be it further enacted, That the proceeds of the sale of said lands, shall in no wise or manner be used by the said trustees, to pay off debts or to make any purchases, except as hereinafter directed, but shall be by them reserved for the purpose of being vested in some profitable stock, for the use of the University. 3. And be it further enacted, That if the said trustees should dispose of the lands aforesaid upon a credit, the bonds given by the purchasers for the same, shall be secured by good personal security, together with a mortgage upon the land so purchased; and the said bonds and mortgages when collected, shall be applied by the said trustees to the subscription for stock in any Banks now in this state, in case further subscriptions should be by them opened, or any Bank which may hereafter be established by the State or the United States; if any subscriptions should be opened by any of the Banks aforesaid, at a time when the said bonds and mortgages should be uncollected or not due, and a failure to obtain stock on that account would ensue, the trustees of said University, by depositing the whole amount of said bonds and mortgages in the Treasury of the state, and producing to his Excellency the Governor the Treasurer's certificate of the same, shall obtain from the Governor a warrant on the Treasury for whatever sura, not exceeding two thirds of the amount of said bonds and mortgages, that may be necessary for subscribing for such number of shares as the proceeds of said bonds if collected would authorize them to subscribe for Provided always, that the

Page 105

Governor shall direct the collection of said bonds and mortgages as they become due, and the principal and interest thereof shall be paid into the Treasury of the state, as a reimbursement for the advance made by the state to the said trustees. 4. And be it further enacted, That the said trustees shall never dispose of the stock by them subscribed for as aforesaid, unless by the consent of the Legislature of Georgia, or make use of it in any manner whatever; but the proceeds or dividends therefrom, shall be drawn by them, and used in such manner as the various demands and necessities of the said University may require, and as will be most likely to ensure the objects of its establishment. 5. And be it further enacted by the authority aforesaid, That David B. Mitchell, Thomas U. P. Charlton, the Reverend Henry Kollock, James M. Wayne, Nicholas Ware, John A. [Illegible Text], Augustin S. Clayton, James Meriwether, John Elliott and George M. Troup be, and they are hereby appointed additional trustees to the University aforesaid, and that any five of the trustees of the said University shall form a board, and be competent to proceed to business. 6. And be it further enacted, That it shall and may be lawful for said board of trustees to dispense with the services of such of its officers, or make such reduction in the fees or salaries of officers, as will enable them with the funds of the institution to meet their disbursements, nor shall any salary or compensation be allowed said trustees or any of them, for their or any of their services. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815.

Page 106

AN ACT To appropriate monies for the political year one thousand eight hundred and sixteen. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That for the support of Government for the political year one thousand eight hundred and sixteen, the following sums of money be, and the same are hereby appropriated, viz: the salary of the Governor shall be 2000 dollars per annum; Secretaries of the Executive Department, not exceeding two, 500 dollars each; the Secretary of State, 200 dollars; the Treasurer, 1200 dollars; the Surveyor General, 500 dollars; the Comptroller General, 600 dollars; the Clerk of the House of Representatives, 300 dollars; the Secretary of the Senate, 300 dollars; the Judges of the Superior courts, 1400 dollars each; the Attorney General and three Soliciters General, 150 dollars each; which said several sums, shall be, and the same are hereby appropriated for their use, to be paid quarter yearly, by warrant from the Governor on the Treasurer, out of any money not specially appropriated. 2. And be it further enacted, That the sum of 16,000 dollars, be, and the same is hereby appropriated as a contingent fund, subject to the orders of the Governor. 3. And be it further enacted, That for the compensation of the compensation of the members of the Legislature, three dollars each per day, during their attendance be appropriated, and the sum of three dollars for every twenty miles in coming to and returning from the seat of Government; and the sum of four dollars each per day, to the President of the Senate and Speaker of the House of Representatives, during their attendance; and the sum of three dollars each, for every twenty miles in coming to, and returning from the seat of Government; to the Clerk of the House of Representatives and Secretary of the Senate during the sitting of the Legislature, four dollars each per day, and the sum of sixty dollars for contingent expences, c.; to the two engrossing Clerks and one assistant Clerk to the House of Representatives, and two engrossing Clerks to the Senate,

Page 107

four dollars per day each; to the Clerk of the committee on Finance, and to the Clerk of the committee on the state of the Republic, sixty dollars each; to the Messengers and Door-keepers of the Legislature, three dollars per day each, during the session; to the Adjutant General, 1200 dollars per annum, to be paid quarter yearly; the sum of 15,000 dollars to be set apart as a fund for military disbursements, to be drawn for by his Excellency the Governor, as he may think the public safety and expediency may require: to Alexander Greene, eighty dollars for airing, scouring and taking care of the State-house, the desks and carpets, in the recess of the Legislature, and making fires on wet days; to Peter Farr, eighty dollars for winding up the ciock, keeping clean the stair cases, passages, c. 4. And be it further enacted, That the sum of one hundred dollars be appropriated for the relief of Elijah Swan of Lincoln county, agreeably to a concurred resolution; and that twenty dollars be appropriated as a compensation to W. Y. Hansell, for acting as Clerk to the joint Military committee. 5. And be it further enacted, That the sum of fifty dollars be appropriated to Wm. Stroud, agreeably to a concurred resolution; and the sum of twenty five thousand dollars, for completing the Penitentiary edifice, agreeably to a concurred resolution, subject to be drawn for as the exigencies of the Institution may require; the sum of one hundred and ninety five dollars eighty five cents, to James Patterson; fifty dollars to Nancy Houghton; and one hundred dollars each, to Joel Dixon and Wm. Booth, agreeably to concurred resolutions; to John H. Mann, Clerk of Richmond Superior court, the sum of seven dollars for copying the decision of the Judges of the Superior courts, which was made at Augusta, on the 13th day of January last; to Daniel Newnan, the sum of the five hundred dollars, to be written off his bonds to the state for fractional surveys, agreeably to a concurred resolution. 6. And be it further enacted, That the sum of one hundred and eighty five thousand dollars, or so much as will enable his Excellency the Governor, to settle the Direct Tax, be, and the same is hereby set apart and appropriated

Page 108

for that purpose, to be paid out of the debt due by the United States to the state of Georgia, for her western lands; and that the further sum of fifty dollars be appropriated to William Stroud. 7. And be it further enacted, That the sum of one hundred dollars, be, and the same is hereby appropriated to and for the temporary relief of the Widow and Orphans of Mathew G. Parker, who was killed at the battle at Autossee. 8. And be it further enacted, That the sum of twenty five thousand dollars out of the sum due and owing this state by the United States, for the sale of Western lands, be, and the same is hereby set apart, out of which his Excellency the Governor is hereby authorized to contract with the General Government for ten Brass six pound field pieces, and fifteen hundred muskets, bayonets, cartouch boxes, c. c. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th December, 1815.

Page 109

RESOLUTIONS WHICH ORIGINATED IN SENATE. In Senate, 13th [Illegible Text], 1815. Resolved, That the Executive [Illegible Text] [Illegible Text] [Illegible Text] of John Milton, as a Commissioner of the [Illegible Text] [Illegible Text] [Illegible Text] county, in the place of Amos [Illegible Text], [Illegible Text], be, and the same is hereby confirmed. Approved, 22d November, 1815. In Senate, 13th November, 1815. Resolved, That Alexander Greene and Harris Allen be, and they are hereby appointed Vendue Masters for the town of Milledgeville. Approved, 22d November, 1815. In Senate, 13th November, 1815. Resolved, That William Belcher, Moses Herbert, Archibald Campbell M'Intire Lewis Johnston, be, and are hereby appointed Notaries Public for the city of Savannah and county of Chatham. Approved, 22d November, 1815. In Senate, 14th November, 1815. Resolved, That his Excellency the Governor be requested to inform the General Assembly, what measures have been taken to carry into effect a resolution, passed on the 2d day of December, 1812, authorizing him to direct the Solicitor General of the Eastern District, to investigate the claim of the state to certain lands purchased in the month of November, 1810, by the counties of Elbert, Jackson, Clark, Morgan, Putnam, Laurens, Montgomery, Bullock, Randolph, (now Jasper,) and Scriven. Approved, 22d November, 1815. In Senate, 15th November, 1815. The committee to whom was referred the petition of William Strond, a wounded soldier, beg leave to report, that they have taken the hard case of the [Illegible Text] under

Page 110

consideration, and are of opinion that he ought to be allowed the sum of fifty dollars, as subsistence for one year, and that said sum be made part of the appropriation for the year 1816. Approved, 22d November, 1815. In Senate, 20th November, 1815. Resolved, That Messrs. Seaton and Fleming Grantland have the public printing of this state, for the present political year, at the same price and on the same conditions as for the preceding. Approved, 25th November, 1815. In Senate, 21st November, 1815. The committee to whom was referred the petition of John M'Queen, stating that in the year 1808, he delivered to John M'Kinnon, as Commissioner of confiscated property, certain plats and grants of land, amounting to 13,354 acres; that the 24th day of December, 1810, 7,200 acres of the said lands were sold at public sale in Milledgeville, for $ 34,012, and that the said John M'Kinnon bought in for, and by desire of the petitioner, the Jefferson tract of land, containing 3000 acres, the titles for which, the petitioner has not received, and praying that titles may be ordered to him for the said 3000 acres, which includes 2000 acres granted Sir James Wright, 500 acres granted Thomas Moodie, and 500 acres granted Charles West, as the property of said Sir James Wright, excepting the town of Jefferson, which is by law excepted; report, that they have examined the Documents and find the facts correct, as stated in said petition, and therefore beg leave to recommend the following resolutions; Resolved, That John M Kinnon be directed to fill up the blank deed of conveyance made by Hines Holt and William Robertson, Commissioners of confiscated sales, and deliver the same to John M Queen, in three months from the passage of this resolution, which deed was given by the said Hines Holt and William Robertson, as Commissioners aforesaid, to the said John M'Kinnon, to be filled up by him, and deliver the same to the said John M'Queen

Page 111

And be it further resolved, That the said John M'Kinnon, one of the said commissioners, be, and he is hereby required to deliver to the Treasurer of this state, all the plats and grants which were delivered to him by the said John M'Queen, agreeably to a list or [Illegible Text] thereof, signed by the said John M'Kinnon, which shall be lodged with the said Treasurer, and that so soon as the ballance of the said land shall have been sold, the said John M'Queen shall be [Illegible Text] to receive his per centum on the same. Approved, 16th December, 1815. In [Illegible Text], 22d November, 1815. Whereas, There is [Illegible Text] law [Illegible Text] [Illegible Text] in this state, requiring the [Illegible Text] of State. [Illegible Text], Surveyor General and Comptroller [Illegible Text], to make out a schedule or list of the books of records and other documents or papers appertaining to their said several offices, to the Executive or elsewhere; And whereas it is [Illegible Text] expedient that there should be a record of the schedule of all such books of record and other documents, appertaining to the said several offices, so as to ascertain the records belonging to this state; Therefore be it resolved by the Senate and House of Representatives of the state of Georgia in General Assembly met, and by the authority of the same, That his Excellency the Governor and his successors in office for the time being, be, and he is hereby authorized and required, to cause the Secretary of State, Treasurer, Surveyor General and Comptroller General, to make out a schedule or list of all the books of records, an I such other papers as his Excellency may think expedient, appertaining to their several offices, and have the said schedule filed and recorded in the Executive office. And be it further resolved, That the said several officers do annually at the end of each political year, make out a like schedule of the increase of the records and other documents belonging to their said several offices, to the then Executive officer, to be field and recorded as aforesaid. Approved, 30th November, 1815.

Page 112

In Senate, November, 1815. The joint committee on Finance to whom was refered the petition of Raymond Demere and others, beg leave to report; That they had the same, together with the accompanying documents, under their serious consideration, and recommend the following resolutions: Resolved, That the prayer of the petitioners is reasonable and ought to be granted, so far as to cancel or deliver up to the petitioners, the bonds given to the state for the two tracts of land called Cherry-Hill and Dublin, the same having reverted to the state, and having been sold by the commissioners of confiscated property for the benefit of the state Provided nevertheless, That the Solicitor General of the Eastern circuit be, and he is hereby required, to prosecute the [Illegible Text] of the state to said tracts of land until a final trial and decision And provided also, That the said Demere do relinquish all right and claim against the state, for or on account of any monies paid by his father for said lands, and all title which his father may have received for the same. Approved, 30th November, 1815. In Senate, 30th November, 1815. Resolved, That John Hughes and William H. Greene be, and they are hereby appointed Lumber Measurers for the city of Savannah. Approved, 8th December, 1815. In Senate, 28th November, 1815. Resolved, That John Fleming, be, and he is hereby appointed a Notary Public for the town of Marion, in the county of Tiggs. Approved, 8th December, 1815. In Senate, 28th November, 1815. Whereas the Penal Code of this state, as adapted to the Penitentiary system, requires revision and amendment; Be it therefore resolved, That his Excellency the Governor, be, and he is hereby authorized and required, to employ fit and proper persons (not exceeding three) to

Page 113

compile a code of criminal law, adapted to the Penitentiary system, and that he lay the same before the next General Assembly for their approval, amendment or dissent, and that he pay the expences of the same out of the contingent fund. Approved, 8th December, 1815. In Senate, 29th November, 1815. Resolved, That James Hutchinson, be, and he is hereby appointed a Commissioner of the public buildings of the county of Twiggs, in the place of Miles Gathwright deceased. Approved, 8th December, 1815. In Senate, 7th December, 1815. Resolved, That Ransom Worrell, be, and he is hereby appointed a Notary Public for the town of Irwinton in Wilkinson county. Approved, 16th December, 1815. In Senate, 7th December, 1815. Resolved, That Jacob Robinson, be, and he is hereby appointed a Commissioner of the Academy of Laurens county, in addition to those already appointed. Approved, 16th December, 1815. In Senate, 5th December, 1815. The committee on Finance, to whom was refered the petition of Mrs. Nancy Horton, report, that they have had the same under consideration, and find that it is reasonable and ought to be granted, and therefore recommend the following resolution, to wit: Resolved, That the sum of fifty Dollars, be [Illegible Text] to Mrs. Nancy Horton, to be paid her by warrant on the Treasurer from the Governor, upon her giving bond and security to indemnify the state against the payment of a warrant issued the 3d of December, 1802, in favor of James Byrum, for the said sum of fifty Dollars; it appearing that the said warrant has been lost, and consequently never taken in the Treasury. Approved, 16th December, 1815.

Page 114

In Senate, 5th December, 1815. The committee to whom was refered the petition of Col. Daniel Newnan, are of opinion that the prayer of the petitioner is reasonable and ought to be granted; they therefore recommend that the sum of five hundred dollars be allowed him in the appropriation law, which shall be written off his bonds given to the state for the purchase of fractional surveys of land, by the Treasurer or other officer in whose hands such bonds may be, and which shall be considered as a remuneration to him the said Newnan, for the loss of a negro man on an expedition conducted by him against the Aulotchewan Indians in the year 1812. Approved, 16th December, 1815. In Senate, 29th November, 1815. Resolved, That his Excellency the Governor be, and he is hereby directed, to have consolidated and compiled in a pamphlet form, the several patrol laws in force in this state, and to distribute the said compilation in such manner as may be the best calculated to give it general publicity. Approved, 16th December, 1815. In Senate, 4th December, 1815. Resolved, That Col. Nicholas Long, Col. Patrick Jack, Col. H. V. Milton, Capt. William Jones, Col. Edward Harden, Capt. Willoughby Barton, Major General Allen Daniel, and the Adjutant General Colonel Daniel Newnan be, and they are hereby appointed and requested to act as a board for the purpose of framing and digesting a military system for the militia of this state, and that they do so soon as they shall have completed the said system, report the same to his Excellency the Governor, whose duty it shall be to submit it to the next General Assembly, with his opinion thereon. Approved, 16th December, 1815. In Senate, 11th December, 1815. Resolved, That David Rowland be, and he is hereby appointed a Commissioner for the academy in the county of Wilkinson, in addition to those already appointed. Approved, 16th December, 1815.

Page 115

In Senate, 11th December, 1815. Resolved, That Willis Anderson be, and he is hereby appointed a Commissioner of the public buildings in the county of Twiggs in the place of William Davis resigned. Approved, 16th December, 1815. In Senate, 11th December, 1815. The committee to whom was referred that part of the Governor's Communication relative to the arms and ammunition belonging to this state, having had the same under their consideration, and being apprized that a considerable quantity of both have been issued to commanders of regiments in different sections of the state, and not yet returned, recommend the following resolution: Resolved, That his Excellency be requested to call on the said commanders, for a statement of the number and quality of arms and ammunition remaining in their several commands, and to make such disposition of the same as he may think most proper. Approved, 16th December, 1815. In Senate, 5th December, 1815. The committee to whom was refered the petition of the citizens of Milledgeville have had the subject under their consideration, and recommend the adoption of the following resolution: Be it resolved by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That his Excellency the Governor be, and he is hereby authorized and required, to order stay of execution on all judgments which have been or may be obtained, prior to the first day of April next, in behalf of the state, against the purchasers of Milledgeville lots, for the term of six months from the date of said judgments; at the expiration of which time, the said purchasers or their securities, shall on the payment of one third of the principal and interest due by them, be entitled to a further stay of twelve months Provided nevertheless, That all persons claiming the indulgence hereby given, shall if required, give additional security for the payment of their respective

Page 116

dues, and that nothing herein contained shall be so construed as to prevent securities from proceeding against their principals in the manner pointed out [Illegible Text] by the Legislature. Approved, 16th December, 1815. In Senate, 5th December, 1815. The joint committee on Finance to whom was refered the petition of James Patterson have had the same under [Illegible Text] and beg leave to report, that it appears to them that James Patterson was Receiver of Tax Returns in Wilkes county in the year eighteen hundred and eight; that from the oath of the said Receiver, and the statement of the Comptroller General, there is due the said Receiver the sum of one hundred and ninety-five dollars and eighty five cents for his services; they therefore recommend the following resolution; Resolved, That the sum of one hundred and ninety five dollars and eighty-five cents, be appropriated for the use of James Patterson, Receiver of Tax Returns for Wilkes county, in eighteen hundred and eight, as a full compensation for his services. Approved, 16th December, 1815. In Senate, 8th December, 1815. Resolved, That the Commissioners of the Academies of the counties of Elbert, Jackson, Morgan, Clark, Putnam, Laurens, Montgomery, Bulloch, Jasper and Scriven, or at least one of the Commissioners of the Academies of a majority of the said counties, be, and they are hereby authorized, either by themselves, their agents or attornies, to sell dispose of three tracts of land in the county of Camden, sold by the Commissioners of confiscated property; one as the property of Sir James Wright, one as the property of Alexander Wright, and one as the property of James Wright, junior, and bought by the Commissioners of the Academies of said counties; and that they may dispose of the same either at public or private sale, and on such instalments as they may deem most [Illegible Text] to the interest of their several institutions; and that the Commissioners of confiscated property do make titles to

Page 117

the purchasers thereof, whenever they shall be thereunto required by said Commissioners, their agents or attorney. Approved, 16th December, 1815. In Senate, 8th December, 1815. Resolved, That the purchasers of fractional surveys and squares of land from this state, who may on or before the first day of May next, give sufficient additional security, and who may on or before that day, have paid one third part of the principal of the debt due to the state, with the interest and cost due on the first day of May 1816, shall have a further indulgence for the balance, until the first day of May, 1817 Provided, that nothing herein contained, shall prevent proper measures being taken to secure the immediate payment of any sum or sums due the state, where it may be deemed expedient; but [Illegible Text] may be staid as aforesaid, in such cases, when good security is offered and taken by the proper officer. And provided also, That when any Judgment or execution is stayed, according to the provisions of this resolution, execution may issue after the expiration of the time for which security was given, against the principal and security or securities without any other proceedings thereon; and that his Excellency the Governor be authorized to give the necessary instructions to the proper officer for the accomplishment of the objects herein contemplated. Approved, 16th December, 1815. In Senate, 4th December, 1815. The committee to whom was refered the memorial of Captain Jonas Fouche in behalf of himself and officers and men formerly under his command, report, that it appears from an act of Congress, passed the 5th of March, 1792, and the letters of the Secretary at War, addressed to the Governor of Georgia, authorizing effectual provision for the defence of the frontier of this state, that the said memorialist and officers and men under his command have rendered military services, authorized by the General Government, which have not been compensated, from the twenty third day of April, [Illegible Text] to the 24th day of July 1794, inclusive; we do therefore seriously regret that the

Page 118

claims of the war-worn soldier should be so long neglected; Be it therefore resolved, That his Excellency the Governor be, and he is hereby required, to instruct our Senators in Congress, and our Representatives in the House of Representatives, to call on the Secretary at War and prosecute the claims of our citizens there pending to a final settlement. Approved, 16th December, 1815. In Senate, 13th December, 1815. WHEREAS a practice has prevailed in the town of Milledgeville of persons moving houses from the lots purchased from the state, and unpaid for by the purchaser, on other lots, whereby the securities to the purchasers and the state are defrauded, and speculation encouraged: Be it therefore resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and immediately after the passing of this resolution, his Excellency the Governor be, and he is hereby fully authorized and required, to take the most effectual and decisive measures to prevent the removal of any house or houses from off any lot or lots of land sold or leased under the authority of this state, until said lot or lots are paid for to the state, with the interest and cost thereon. Approved, 16th December, 1815. In Senate, 16th December, 1815. Resolved, That his Excellency the Governor, be, and he is hereby authorized, to borrow a sum of money on the [Illegible Text] and credit of the state, (which are hereby pledged for the redemption thereof) sufficient to comply with the subscription of this state to the State Bank, if the same may be deemed necessary, previous to the meeting of the next General Assembly. Approved, 16th December, 1815. In Senate, 15th December, 1815. Resolved, That Thomas Hamilton, be, and he is

Page 119

hereby appointed a Trustee to the Columbia county Academy, in place of John Brisco, removed. Approved, 16th December, 1815. In Senate, 15th December, 1815. Be it resolved by the Senate and House of Representatives of the state of Georgia in General Assembly met, That the [Illegible Text] of the Directors of the Bank of Augusta, in withholding [Illegible Text] payments, has been dictated by good policy; that their [Illegible Text] to accede to the proposal of the Secretary of the Treasury of the United States, in relation to Treasury notes, was a precautionary measure and such as prudence and good conduct required: and whilst the Legislature entertain the most favourable opinion of the responsibility of the Bank, and the high credit of its bills, fondly hope that the [Illegible Text] is not far distant, when the Directors will be enabled to accommodate the holders of their bills with specie for the same. Approved, 16th December, 1815. In Senate, 15th December, 1815. On motion of Mr. Charlton, WHEREAS, at a period the most alarming to the destinies of the Republic; at a period when every patriotic breast was palpitating with a fearful anxiety; at a period when the vain glorious and exulting enemy had promised beauty and booty to his supposed invincibles, thereby adding the excitements of lust and rapine to his other [Illegible Text] at this crisis, the genius and valor of Major General Andrew Jackson, aided by the zeal and patriotism of his gallant officers and soldiers, spread havoc and dismay among the foe, and around themselves a blaze of glory, which has given to the arms of the nation, an imperishable renown; and entitle the hero and his soldiers to the loudest plaudits of every section of their free and grateful country: Be it therefore unanimously resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Legislature of this state, for themselves and in behalf of the people whom they have the honor to represent, tender to Major General Andrew

Page 120

Jackson, and his gallant officers and soldiers, their thanks for the glorious and unparalleled efforts of the hero, and his brave companions in arms before New-Orleans, there-by rescuing that devoted city from the threatened abominations of the enemy, raising to a proud station the military fame of the nation, and infusing confidence into the hearts of their countrymen. Resolved, That a copy of the foregoing be transmited by his Excellency to Major General Andrew Jackson. Approved, 16th December, 1815. In Senate, 14th December, 1815. Resolved, That his Excellency the Governor be, and he is hereby authorised and required, to appoint fit and proper persons, not exceeding two, for the purpose of attending all sales made by virtue of any execution in favor of the state, on account of the foreclosure of mortgages against the purchasers of fractional surveys, and in order to prevent fraud in any such sale, that the person or persons so appointed be authorized to bid in behalf of the state, to such amount as they may deem a reasonable value, for any fraction that may be thus offered for sale Provided nevertheless, That the person or persons so appointed, shall previous to bidding at any such sale, take and subscribe an oath before some Justice of the Peace or of the Inferior Court, that they will bid in such manner as in their judgment will be most advantageous to the state. Approved, 16th December, 1815. In Senate, 6th December, 1815. The joint committee on Finance to whom was referred the report of the commissioners of the Penitentiary Edifice, beg leave to report, that they have had the same under their consideration, and after an attentive examination of the account of disbursements made, find the same correct, as far as they could conveniently ascertain; they would recommend however to the commissioners hereafter, to specify the particular quantity of any article purchased and its cost, for example, so many feet of lumber, the kind and its price per hundred feet, so many barrels of nails, containing so many pounds, the quality, and the price per

Page 121

hundred weight, the number of brick purchased or laid, also the proper vouchers, receipts, c. for any thing purchased. The committee suggest this not from any want of confidence in the commissioners but that the Legislature may be enabled to know the terms on which materials have been purchased. The committee will now proceed to express their sentiments relative to the balance of the report of the commissioners. If the Penitentiary system is founded on the principles of a humane and wise policy, it is an object of primary importance that it should be carried into operation at the earliest period possible; your committee are of opinion that the system is honorable to the state, and affords the strongest evidence of the improvement of our country in civilization and correct views of criminal jurisprudence; for nothing can be more unjust, more barbarous, than those laws, which placing crimes of different degrees of magnitude upon an equality of guilt, alike require blood for all. An example or two will suffice; under the present system, he who robs another on the highway of property of the least value is equally punished, as if he had added murder to his crime, and thereby is often induced to commit murder for the purpose of preventing detection. The crime of manslaughter, infinitely more heinous than robbery, is only punished with burning in the hand, while the latter as before observed is punished capitally. The pillory, cropping and whipping, have a most unfortunate tendency, hardening the individual, and when set at liberty, he is prepared for the perpetration of every crime. The Penitentiary system wisely proportions the punishment to the crime; it excludes the offender from society; it accustoms him to habits of industry, which he is like to preserve; his labor is beneficial to the state and to himself; the certainty of punishment is also increased, for under the present system juries are unwilling to convict for minor offences where death follows. The committee hope that their remarks will not be deemed foreign to the subject, as they prove conclusively,

Page 122

they trust, the propriety of completing the building as it at present stands, for the speedy reception of criminals. With respect to the completion of the original plan, the committee beg leave to state, that even if that plan were not as good as might have been devised, yet many disadvantages must necessarily result from leaving it unfinished. One wing was intended for female criminals; will not many difficulties arise if the plan be abandoned? It is urged by many that it is too extensivebut this is bare conjecture, and the Legislature who approved the plan, did not coincide with those who entertain this opinionIf there be any difference of sentement on this point, will it not be more prudent to have the building too large, rather than risque its being too small; what would be the consequence if more criminals should arrive than could be received? How could the sentence of the law be carried into effect? The committee are nevertheless sensible, that economy ought to be consulted; but if they were to hazard an opinion, they would assert, that the public good is more frequently sacrificed by economising, than by a prodigal use of the public money. They are of opinion that the Penitiary can be completed with as little expence to the state at this, as well as at any subsequent period; there are materials on hand which must otherwise be sold, and there is a sufficient number of workmen ready to undertake; they therefore beg leave to submit the following resolution: Resolved, That the wing and centre of that part of the [Illegible Text] already erected, be prepared as speedily as possible, for the reception of criminals; that the contemplated wall be so constructed as to strike the same point as if the building were complete, and thence take such a direction as not to interfere with carrying on the original plan, which is recommended to be pursued as soon as convenient; and that the sum of twenty five thousand dollars be appropriated for the purposes aforesaid. Approved, 16th December, 1815. In Senate, 12th December, 1815. On motion or Mr. Charlton; The late war with Great Britain being closed by an [Illegible Text] peace, imposes upon the Legislature of this

Page 123

state, the duty of approving the conduct of those defenders of their country who deserve it; and who have not heretofore received the tribute of applause due to their services: And in the tendering of this public expression of Legislative thanks and gratitude, the General Assembly of this state are first attracted by the gallant and determined manner the late Major General M'Intosh, and the present Brigadier General Blackshear, their officers and men, obeyed the call of the state, and promptly marched in the most inclement season to meet the enemy, then threatening a neighbouring territory of the United States; and with a zeal and patriotism highly honorable to this army, endeavoured to meet the foe, in despite of danger or his discipline and superiority of numbers: Wherefore, be it resolved [Illegible Text] by the Senate and House of Representatives of the General Assembly of the State of Georgia, That this Legislature, for and in behalf of the free people of this State, render their thanks to the said Major General M'Intosh and Brigadier General Blackshear, and the brave officers and soldiers lately under their commandAnd whereas during the late invasion of this state, an army was placed under the command of Brigadier General John Floyd, who as a Commander of the militia of this state, had under his orders various officers, soldiers and volunteers, exerting themselves in defence of their insulted and invaded country, whose general conduct and bravery met the approbation of the said General Floyd. Be it therefore resolved unanimously by the authority aforesaid, that the thanks of this Legislature, acting for the free people of this state, be, and the same are hereby tendered to the said General Floyd, for his gallant and patriotic services, as also to the officers, soldiers and volunteers under his command, in the service lately performed in the Eastern Division of this state. Be it further resolved, That copies of these resolutions be presented by his Excellency the Governor, to Major General M'Intosh, Brigadier Gen. Blackshear and to General Floyd. Approved, 16th December, 1815.

Page 124

RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES In the House of Representatives, November 24th, 1815. Resolved, That Joseph Joyner, be, and he is hereby appointed a Notary Public for the county of Wayne. Approved, 8th December, 1815. In the House of Representatives, November 22, 1815. Resolved, That the Executive appointment of Young Gresham a Trustee of the University of Georgia, in place of General Thomas Flournoy resigned, be, and the same is hereby confirmed. Approved, 8th December, 1815. In the House of Representatives, November 18th, 1815. The joint committee on Finance, to whom was referred the resolution (with the accompanying documents) in favor of John Sorrell, beg leave to report, that they have had the same under their consideration, and are of opinion that his claim is founded in justice, and therefore recommend the adoption of said resolution. WHEREAS, John Sorrell of the county of Morgan, has regularly listed and paid his tax for the year eighteen hundred and fourteen, to the Tax Receiver and Collector of said county, and has been returned as being in default for said tax; in the county of Greene, amounting to the sum of nine dollars and forty eight cents. Be it therefore resolved, That the Comptroller be authorized to credit the Collector of Greene county, by the same amount. Approved, 25th November, 1815. In the House of Representatives, November 17th, 1815. Resolved, That his Excellency the Governor be requested

Page 125

to lay before the Legislature, as soon as may comport with his public duties, a statement of the arms, accoutrements and [Illegible Text] belonging to this state. Approved, 25th November, 1815. In the House of Representatives, November 13th, 1815. Resolved, That John A. Cuthbert, be, and he is hereby appointed a Commissioner of [Illegible Text] Academy, in plece of John Winn resigned. Approved, 22d November, 1815. In the House of Representatives. November 13th, 1815. RESOLVED, That Archibald Clark, William Gibson, Thomas H. Miller and David G. Jones, be, and they are hereby appointed Commissioners of the Academy of Camden county, in the places of Abraham Bessent, William Neely, [Illegible Text] and David Lewis and William Ashley, removed Approved, 22d November, 1815. In the House of Representatives, November 11th, 1815. RESOLVED, That Peter Coan and Richard T. Keating, be, and they are hereby appointed Lumber Measurers for the town of Hardwich in Bryan county. Approved, 20th November, 1815. In the House of Representatives. November 11th, 1815. RESOLVED, That William Green (of Scriven county) Elias Wallen and Charles W. Roberts, be, and they are hereby appointed Lumber measurers for the port of Savannah. Approved, 20th November, 1815. In the House of Representatives, November 20th, 1815. Resolved, That the Senators and Representatives of this state, in the Congress of the United States be instructed

Page 126

to apply for and have an act passed to authorize the collection of duty on tonnage of ships and vessels as a compensation to the Harbor Master and Health Officer of the port of Savannah. Approved, 22d November, 1815. In the House of Representatives, November 11th, 1815. RESOLVED, That Reuben Burroughs, be, and he is hereby appointed Lumber measurer for town of Darien, in place of Scott Cray Esq. refusing to serve. Approved, 20th November, 1815. In the House of Representatives, November 18th, 1815. The joint committee on Finance to whom was refered that part of the Governor's Communication relative to the disbursements in the erection of works of defence around the city of Savannah, beg leave to report; that they have minutely examined the same, and find that every item of the said account is properly vouched, and recommend the following resolution: Resolved, That his Excellency the Governor do transmit the vouchers of the sums expended by the commissioners of the fortification around the city of Savannah to the Secretary of War, and claim payment for the same. Approved, 25th November, 1815. In the House of Representatives, November 16, 1815. Resolved, That the scite of the public buildings in the county of Telfair shall be called and known by the name of Jacksonville. Approved, 25th November, 1815. In the House of Representatives, November 11th, 1815. RESOLVED, That Thomas M. Berrien be, and he is hereby appointed a Notary Public for the county of Jefferson. Approved, 20th November, 1815.

Page 127

In the House of Representatives, November 11th, 1815. RESOLVED, That Scott Cray, Robert Sallet Joshua A. Coffee be, and they are hereby appointed Vendue-Masters for the town of Darren and county of M'Intosh. Approved, 20th November, 1815. In the House of Representatives, November 11th, 1815. RESOLVED, That Robert Paxton be, and he is hereby appointed Lumber Measurer for the county of Camden. Approved, 20th November, 1815. In the House of Representatives, November 11th, 1815. RESOLVED, That Thomas H. Kenan be, and he is hereby appointed a Notary Public for the town of Milledgeville and county of Baldwin. Approved, 20th November, 1815. In the House of Representatives, November 11th, 1815. RESOLVED, That James Frazier and Thomas Barrett be, and they are hereby appointed Vendue Masters for the city of Augusta for the ensuing two years. Approved, 20th November, 1815. In the House of Representatives, November 11th, 1815. RESOLVED, That Dr. Dudley Dunn and John Moore, Esqs. be, and they are hereby appointed trustees of Meson academy in the county of Oglethorpe, to fill the vacancy of Benj. Baldwin Esq. deceased, and James Luckie Esq. resigned. Approved, 20th November, 1815. In the House of Representatives, November 21st, 1815. The joint committee on Finance, to whom was referred the petition of Drury Williams, beg leave to report, that they have had the same under their consideration, and are

Page 128

of opinion that the prayer of the petitioner is reasonable and ought to be granted; and recommend the following resolution; RESOLVED, That the bond of the said Drury Williams, given for fraction No. 216, in the 28th district of Wilkinson now Twiggs county, containing 39 acres, be given up to the said Drury Williams, on his trelinquishing to the Executive of this state, in behalf of said state, all right, title or claim which he now has, or ever had, to the aforesaid fraction No. 216. Approved, 8th December, 1815. In the House of Representatives, November 11th, 1815. RESOLVED, That the Executive appointment of Nicholas Long, as a Commissioner of the Academy and town of Washington, be, and the same is hereby confirmed. Approved, 20th November, 1815. In the House of Representatives, November 25th, 1815. RESOLVED, That Samuel Boyd and Solomon Moody, be, and they are hereby appointed Commissioners of the town Commons and Academy of the county of Glynn, in place of John Burnett and James May, refusing to serve. Approved, 8th December, 1815. In the House of Representatives, November 11th, 1815. RESOLVED, That Col. Bedney Franklin be appointed a commissioner of the Morgan county academy, vice John B. Whatley, removed. Approved, 20th November, 1815. In the House of Representatives, November 25th, 1815. The joint committee on Finance to whom was refered the petition of John Scriven, Executor of Joseph Bryan, deceased, and Charles Harris, Esq. beg leave to report, that they are of opinion the prayer of the petitioners ought not to be granted, and that the Solicitor General of the Eastern district be directed to proceed to the foreclosure

Page 129

of the mortgage, and sale of the land. Approved, 16th December, 1815. In the House of Representatives, December 8th, 1815. RESOLVED, That Robert H. Pettegru be, and he is hereby appointed a Notary Public in and for the county of Chatham. Approved, 16th December, 1815. In the House of Representatives, December 8th, 1815. RESOLVED, That Daniel S. Delany be, and he is hereby appointed a Notary Public for the town of St. Mary's in Camden county. Approved, 16th December, 1815. In the House of Representatives, November 25, 1815. RESOLVED, That Thomas Dawson be, and he is hereby appointed a Notary Public for the county of Greene, and that Charter Campbill be, and he is hereby appointed Vendue Master for the town of Greensboro' in the county of Greene, each for two years. Approved, 8th December, 1815. In the House of Representatives, December 9th, 1815. RESOLVED, That the sum of one hundred dollars each, be appropriated for the relief of Joel Dickson and William Boothe as a temporary relief for wounds received by them in an expedition against the Creek Indians under General John Floyd. Approved, 16th December, 1815. In the House of Representatives, December 11th, 1815. RESOLVED, That His Excellency the Governor be, and he is hereby authorized to pay out of the contingent fund the amount which may be due on a settlement with Messrs. S. F. Grantland and Messrs. Kean Jones

Page 130

respectively, for publishing in their Gazettes the Rules Nisi on the foreclosure of mortgages upon the Milledgeville lots, which settlement shall not take place till the expiration of the time required by law for the promulgation of such notices. Approved, 16th December, 1815. In the House of Representatives, December 9th, 1815. RESOLVED, That the Commissioners of the town of Milledgeville be, and are hereby authorized, to lease to the widow Fanny Jones, ten acres of land whereon the said Fanny now lives, belonging to the town commons, for the term of ten years. Approved, 16th December, 1815. In the House of Representatives, November 24th, 1815. The joint committee on Finance to whom was refered the petition of Elijah Swan of Lincoln county, beg leave to report, that they have had the same under their consideration, and are of opinion; 1st. That the case of the petitioner is of that character which more properly claims the attention of the General Government; but his immediate necessities, as a citizen of this state, require prompt relief, as a reference to the documents accompanying the petition will more fully shew; they therefore recommend the following resolution: RESOLVED, That the sum of one hundred dollars be appropriated for the immediate and partial relief of the aforesaid Elijah Swan. Approved, 8th December, 1815. In the House of Representatives, December 9th, 1815. RESOLVED, That Oliver H. Prince and John K. M. Charlton be, and they are hereby appointed Commissioners of the academy and town of Washington, in lieu of A. G. Semmes removed, and Col. N. Long, who declines to accept; and that David Terrell and Thomas Talbot, Esquires, be also appointed Commissioners of said academy

Page 131

and town of Washington, in addition to those already appointed. Approved, 16th December, 1815. In the House of Representatives, December 14th, 1815. RESOLVED, That his Excellency the Governor be requested to transmit to his Excellency the Governor of South-Carolina, to be laid before the Legislature of that state, a certified copy of a bill, passed by the General Assembly of this state, to be entitled an act, to appropriate monies for the improvement of the navigation of Savannah and Oconee rivers, as soon as the same shall receive the formalities of a law. Approved, 16th December, 1815. In the House of Representatives, November 25th, 1815. The joint committee on Finance, to whom was referred the petition of Adam Cope, administrator, and Frances Gugel, administratrix of Christian Gugel dec'd, late Tax Collector for Chatham county, for the year 1813, beg leave to report; that from an examination in the office of Comptroller General, they find that the said Christian Gugel was charged with one third of the four-fold tax assessed on defaulters in the said county of Chatham, for the year 1813 aforesaid; that previous to the passage of the law which authorized the aforesaid charge of one third, the Inferior court of Chatham county remitted, as they were empowered to do, three fourths of the said four-fold tax of a number of the defaulters, and the said Collector had collected the remaming one fourth from such defaulters; consequently there was a loss to said Collector, of the difference between the one third and one fourth of the tax of certain defaulters, which difference according to a statement accompanying said petition, and examined by the Comptroller General, and found to be correct, amounts to two hundred and twenty three dollars and ninety six cents; they find also, that in consequence of the death of the aforesaid collector, and the length of time necessarily taken up in procuring letters of administration on his estate, that

Page 132

it was impossible for his administrators to close his accompts as Collector, by the time the law required; consequently interest had accrued thereon, which your committee think ought to be remitted; they therefore beg leave to recommend the following resolution: RESOLVED, That the sum of two hundred and twenty three dollars and ninety six cents, be allowed on a final settlement of the general and direct tax, to the administrators of Christian Gugel dec'd, late Tax Collector for Chatham county for the year 1813, and that the Comptroller General be directed not to charge interest on the accompts of the aforesaid collector, either for the general or direct tax. Approved, 8th December, 1815. In the House of Representatives, November 29th, 1815. WHEREAS, John Macpherson Berrien, Robert Walker, Young Gresham and Stephen W. Harris, esquires, Judges of the Superior courts of this state, did on the 13th day of January, 1815, assemble themselves together in the city of Augusta, pretending to be in legal convention, and assuming to themselves, being so assembled, the power to determine on the constitutionality of, and binding efficacy of laws past by the General Assembly of this state; and being so assembled, did on the aforesaid day and year, declare and publish certain acts of the Legislature in their decision named, to be unconstitutional and voidAnd whereas the power of said Judges so to convene is absolutely denied by this Legislature, and the more extraordinary power of determining upon the constitutionality of acts of the state Legislature, if yielded by the General Assembly, whilst it is not given by the Constitution or laws of the state, would be an abandonment of the dearest rights and liberties of the people, which we their representatives are bound to guard and protect inviolate: Be it therefore resolved, That the members of this General Assembly view with deep concern and regret, the aforesaid conduct of the said Judges, in so illegally assembling themselves together at the time and place aforesaid, as well as other extra judicial proceedings, particularly

Page 133

by Stephen W. Harris, Judge of the Oakmulgee Circuit, for issuing a mandamus in the county of Putnam against a Justice of the peace, in order to coerce the said Justice into measures so contrary to the fifth section of the third article of the constitution, creating Justices courts; and they cannot refrain from an expression of their entire disapprobation of the power assumed by them, of determining upon the constitutionality of laws regularly passed by the General Assembly, as prescribed by the constitution of this state; we do therefore most solemnly declare and protest against the aforesaid assumption of powers as exercised by the said Judges; and we do with heartfelt sensibility deprecate the serious and distressing consequences which followed such decision; yet we forbear to look with severity on the past, in consequence of Judicial precedents, calculated in some measure to extenuate the conduct of the Judges; and hope that for the future this explicit expression of public opinion will be obeyed. Approved, 9th December, 1815. In the House of Representatives, December 15th, 1815. RESOLVED, That his Excellency the Governor be, and he is hereby authorized, to subscribe for and on behalf of the state, for the number of shares reserved by the bill passed at the present session, establishing a State Bank. And in as much as there is no appropriation of money to meet the subscription, his Excellency is requested to take the best measures to meet the wishes of the Legislature, and carry into effect the contract on the part of the state, and the objects of the bill; and in case such measures cannot be taken, he is hereby requested to subscribe at so late a period, that the next Legislature may have an opportunity of making the necessary appropriation, so as to avoid any difficulty that might otherwise arise. Approved, 16th December, 1815. In the House of Representatives, December 16th, 1815. RESOLVED, That his Excellency the Governor be, and he is hereby requested, to have a sufficient number of copies

Page 134

of the State Bank bill printed, and furnished to the different Commissioners appointed by said act to receive subscriptions to said Bank, in order that they may proceed as soon as possible to the discharge of their respective duties; and the act repealing the alleviating law; and that his Excellency cause to be published in the Georgia Journal, the act to amend the several tax laws passed at the present session; and the act passed this session of the General Assembly, regulating the wharfage and storage in the several ports and harbors in this state; and the act for regulating the rates of Pilotage; and the act regulating the inspection of Tobacco; and the act altering the times of holding courts in the Middle and Eastern districts, and Western so far as relates to the county of Lincoln. Approved, 16th December, 1815. In the House of Representatives, December 16, 1815. RESOLVED, That his Excellency the Governor be, and he is authorized, to appoint some fit and proper person to attend to the division of the squares of land returned to the state and informers, in consequence of fraudulent draws, with power to act in such manner as his Excellency may think proper for the benefit of the state. Approved, 16th December, 1815. In the House of Representatives, December 13th, 1815. RESOLVED, That Robert D. M'Kinnee be, and he is hereby appointed a Lumber Measurer for the port of Savannah. Approved, 16th December, 1815. In the House of Representatives, December 16, 1815. WHEREAS it is proposed to establish a State Bank, and an act is now in progression for that purpose, and hopes are entertained by the Legislature that the same will go into operation previous to the next sessionAnd whereas it is an object of primary importance that the bills

Page 135

which may be issued by the said Bank be in high credit and have as extensive a circulation as possible; Be it therefore resolved by the General Assembly, That the Tax-Collectors, Sheriffs and all public officers of this state, are hereby authorised to receive the notes which may be issued by the Bank of the State of Georgia in payment of taxes, and all debts or other demands due the state. Approved, 16th December, 1815.

Page i

INDEX. A Athens, town of, in the county of Clark, an act for the better regulation of, 22 Appropriation An act appropriating $ 10,000 to improve the navigation of the Savannah river, and $ 10,000 to the Oconee river 24 An act appropriating monies for the political year 1816, 106 Academies One established in Powelton, 48 A branch of the Richmond academy established at the Sand-Hills 65 One established in Monticello in the county of Jasper, 87 Madison, in Morgan county incorporated, 92 A Commissioner of the Burke academy appointed, 109 One for Laurens academy appointed, 113 One for Wilkinson academy appointed, 114 The Commissioners of several of them, authorised to sell lands in Camden county, 116 One Commissioner for the Columbia county academy appointed, 118 One for the Sunbury academy appointed, 125 Commissioners for the Camden academy appointed, ib Trustees of Meson academy in Oglethorpe county appointed, 127 A Commissioner for the Washington academy in Wilkes appointed, 128 Commissioners of the Glynn academy appointed, ib Commissioners for the Washington academy in Wilkes appointed, 130 Adjutant General may appoint an Assistant, 73 Arms and Ammunition The Governor requested to call on the late commanders of regiments for a statement of the quantity which has been issued to them, 115 The Governor requested to lay before the Legislature a full statement of the situation of, 124 Augusta, city of Vendue Masters appointed for, 127 Alleviating law, act repealing of, a number of copies of to be struck, 134 B Bills issued by any individual or association of persons, not authorized by law, after the 16th December, 1815, taxed twenty per cent on the amount of issues, 17 8 per cent imposed on all issued prior to the 16th December, 1815, 18 Bank of the State an act to establish, 26 The principal in Savannah, ib. Capital not to exceed $ 1,500,000, ib. Branches in Augusta and Milledgeville, 34 The Governor authorized to borrow money to subscribe for shares in, 116 Of Augusta, the Directors complimented, 119 Govenor authorized to subscribe for shares in 132 Act incorporating of, copies of to be struck 133 Bills of, receivable by all public officers, 134 Bulloch county An act to establish and make more plain the line between that and Emanuel county, 39 Baldwin county, Inferior court of, authorized to levy tax to pay for Court-house, 40 Bridges Wm. Smith authorized to build one across Beaver-dam creek, Scriven county, 47 John Beck authorized to [Illegible Text] one across Savannah river, 50

Page ii

Bryan county, exempted from the operations of an act passed in 1812, respecting roads, [Illegible Text] Braziel, William Henry, henry William and Ambrose Ransom, names of, altered to that of Wright, 80 Boats and boats crews in and on the Savannah river, an act for the better regulation of, 91 C Courts of law and equity in this state 5, 6 and 7th sections of an act, authorizing them to grant remedies in [Illegible Text] cases repealed, 3 Times of holding in the Middle and Eastern circuits, and in the Western so far as respects the county of Lincoln, 7 Of Ordinary, the Clerks of shall give bond, 10 Superior, Judges of required to transmit to the Governor their rules of practice in, 21 Of Ordinary, to appoint their own Clerks administrators de bonis non in certain cases, 54 The Judges of the Superior courts shall not adjourn the courts so as to hold them at any other time than that fixed by law, 63 Inferior, Justices of, their duty defined, 93 Mayor's for the city of Savannah, mode of holding altered and jurisdiction increased, 98 Inferior, Justices of any of the counties, may in certain cases draw Grand and Petit Jurors, 102 Suporior, Judges of, a resolution censuring of 132 Act altering the times of holding of, to be published, 134 Clerks of courts of Ordinary shall give bond and security for the faithful discharge of their duty, 10 Of courts of Ordinary to be appointed administrators de bonis non in certain cases, 54 Of the Superior and Inferior courts, their duties defined, 93 Constitution of the state, an act to alter the 2d section of the 2d article of, 11 Carson Ransom, authorized to establish a ferry across the Satilla river in Wayne county, 74 Camden county, a Lumber-measurer appointed for, 127 A Notary Public appointed for, 129 Chatham county, a Notary Public appointed for ib. D Darien Flour Inspection established in, 9 In M'Intosh county, an act for the better regulation of, 69 A Lumber Measurer appointed for, 126 Vendue Masters appointed for, 127 Demere Raymond A resolution in favor of, 112 Dickson Joel and William Booth A resolution in favor of, 129 E Executions, he eldest shall have the preference, 4 Emanuel county, an act to establish a line of, 39 Elbert county, Inferior court of, authorised to levy a tax not to exceed 1-3 to build a Court-house, 40 F Flour, an act authorizing the inspection of in the town of Darien, 9 Free persons of colour, an act pointing out the mode for the trial of offences committed by, 14 Fees of malicious prosecutions defined, 64 Ferries, Ransom Carson authorized to establish one across the Satillas river, 74

Page iii

Fractional surveys, purchasers of, a resolution in their favor, 117 The Governor authorised to appoint persons to attend the sales of, to prevent fraud, 120 Fauche Jonas, a resolution respecting him and his men who performed military services in 1793, 117 Floyd, M'Intosh and Blackshear, Generals, a resolution approbating the good conduct of, [Illegible Text] G Governor to be elected by the people on the 1st Monday in October, 1817, and on the first Monday in October, in every second year thereafter, 11 A majority of all the voters necessary to a choice 12 Called on for information relative to the land sold certain Academy Commissioners in 1812, 109 Grants an act authorizing persons who have grants for land and no plats, to have resurveys, and to have the plats recorded, 36 Greensborough, an act appointing Commissioners of, amended, 77 A Vendue-master appointed for, 129 Glynn county, an act to regulate the roads in, amended, 89 Greene county, a Notary Public appointed for, [Illegible Text] Gugel Christian, a resolution in favor of, [Illegible Text] H Hilyer Shaler, authorized to build a mill across Broad liver, [Illegible Text] Hartford, town of, in Pulaski county, act to incorporate, amended, 82 Hancock county, Inferior court of, authorized to levy tax for county purposes, and all acts heretofore passed on the subject repealed, 83 Horton Nancy, a resolution in favor of, 113 House moving, a resolution to prevent persons moving houses off of town lots, 128 Hardwich, town of, Lumber Measurers appointed for, [Illegible Text] J Judges of the Superior courts required to transmit to the Governor their rules of practice established in their respective circuits, 21 [Illegible Text], Grand their powers more particularly defined and extended, [Illegible Text] Grand and Petit Jurors, may be drawn by the Inferior courts, 102 Jails, Inferior court of Richmond county; authorized to sell the old one in said county, and build another, 53 Jacksonville, in Telfair county, incorporated, 68 Name of, given to the county scite in Telfair county, 126 Jasper county part of added to Morgan county, 71 Inferior court of authorised to levy a county tax, 75 Irwinton in Wilkinsan county, a Notary Public appointed for, 113 Jackson, Gen. Andrew, a resolution of thanks to, 119 Jefferson county, a Notary Public appointed for, 126 Jones Fanny, widow, Commissioners of the town of Milledgeville, authorized to lease her 10 acres land 10 years, [Illegible Text] L Lands where the grants are in existence, and the plats lost, the claimants may have the land resurveyed and the plats recorded, 36 Division of, between the state and informers of fraudulent draws, to be attended by persons appointed by the Governor, 134 Libel on indictment for, the defendant may justify [Illegible Text] give the truth in evidence, 43 Lottery Lands Fees reduced on grants for land in, and officers fees on raised, 66

Page iv

Lottery authorized to aid the funds of the Savannah Hospital and Poor-House 96 Louisville, an act to quiet and confirm the titles of the lot holders in 72 Lincoln county, Inferior court of, [Illegible Text] to levy an extra tax, 84 Library Society, in the city of Savannah incorporated, 95 M Marion, town of in Twiggs county, a Notary Public appointed for, 112 Milledgeville An act to appoint commissioners for the better regulation and government of, 41 Vendue-masters appointed for, 109 Citizens of and lot holders, a resolution in favor of, 115 A Notary public appointed for, 127 Marine and Fire Insurance Company, incorporated for the city of Savannah, 44 Mills, the erection of one by Shaler Hilyer authorized, across Broad river, 58 Moore John of Jasper county, an act for the relief of, 65 Montgomery county, the old Court-house and Jail of, which has fell into Emanuel county, to be sold 70 Morgan county, part of Jasper county added to, 71 Moss Aden, name of altered to that of Aden Powell, 80 Monticello, town of in Jasper county, an Academy established in, 87 Madison Academy in the county of Morgan incorporated, 92 Mayor's court for the city of Savannah, mode of holding altered and jurisdiction increased, [Illegible Text] M'Queen John, a resolution on the petition of, 110 Militia laws a committee apointed to revise, 114 N Navigation $ 10,000 appropriated to the Savannah river and $ 10,000 to the [Illegible Text] river, 24 Of Broad river, to be improved by a company incorporated for the purpose, 99 Governor requested to transmit to the Governor of South Carolina, a copy of act appropriating $ 10,000 for opening the Savannah river, 130 Newnan Daniel, a resolution in favor of, 114 O Officers, Public a resolution requiring them to make out a list of the books and papers in their offices, and to deliver the same to the Executive Department to be recorded and filed, 111 P Pilotage an act regulating of, 6 Powelton an act to incorporate and establish an Academy in, 48 Pulaski county Inferior court of, authorized to levy an extra tax, 85 Printing public printing given to S. F. Grantland, 110 Penitentiary system of laws adopted to be revised and amended, 112 Edifice, report of the committee upon, and resolution respecting of, 120 Patrol Laws Governor requested to have a compilation of, and to have them distributed, 114 Patterson James a resolution in favor of, 116 R Rivers the opening of, see navigation. Roads an act authorizing the receipt of toll on the road from Bull

Page v

Town swamp to Fort Barrington repealed, 52 Roads, an act for the more effectual improvement of, 55 An act to exempt Bryan county from the operations of a law passed in 1806, 57 Laws revised and amended for Laurens county, 81 Laws amended for Glynn county, 89 Soldiers an act for affording them temporary relief whilst in the service of this state or of the United States repealed, 3 Slaves the 3d section of an act prescribing the mode of manumiting of, altered and amended 15 Own ers of old and infirm slaves to maintain them, 35 Scales or Steelyards an act to regulate the manner of weighing with, throughout the state, 20 Shearer Mathew and Rebecca his wife divorced, 46 Smith William authorized to build a Toll Bridge across Beaverdam creek, Scriven county, 47 Scott William, sen'r an act authorizing him to demand toll on the road from Bull Town swamp to Fort Barrington repealed, 52 Salaries of the public officers established, 64 Savannah Library Society incorporated, 95 Hospital and Poor house, fands of, to be aided by a Lottery, 96 Notaries public appointed for 109 Lumber measurers appointed for, 112 More Lumber measurers appointed for, 125 Fortifications of, Governor requested to forward the vouchers to the Secretary of War and claim a reimbursement of the [Illegible Text] of, 126 Another Lumber measurer appointed for, 134 Stroud William a resolution in favor of, 109 Sorrell John a resolution respecting of, 124 Scriven John and Charles Harris report of the committee of Finance on the petition of, 128 Swan Elijah a resolution in favor of, 130 T Tobacco An act regulating the inspection of, 4 A number of copies of the above act to be printed 134 Tax-Collectors. An act for the relief of, 13 An act to levy a tax for the support of Government for the political year 1816, 16 50 per cent laid on the tax of 1815, ib 20 per cent laid on all bills issued by individuals from 16th December, 1815, 17 8 per [Illegible Text] laid on all heretofore issued, 18 Returns to be examined and corrected by Grand Juries, 38 Inferior court of Baldwin county authorized to levy extra tax to pay for the Court-house, 40 Inferior court of Elbert county, authorized to levy extra tax to build a Court-house, 40 Inferior court of Hancock authorized to levy tax for county purposes, 83 Inferior court of Lincoln authorized to levy an extra tax, 84 Inferior court of Wilkes authorized to levy an extra tax. 84 Inferior court of Pulaski authorized to levy an extra tax, 85 Of property taken away by the British, owners of exonerated from the payment of, 86 Laws passed during the Session to be published, 134 Twiggs county A commissioner appointed for the public buildings of, 113

Page vi

Twiggs county, another commissioner of, appointed, Page 115 Tonnage, the Senators and Representatives in Congress, requested to have an act passed authorizing the collection of, in the Port of Savannah, 125 , 126 U University Trnstees of, authorised to sell the lands belonging to, and to systematize the funds of, 103 Trustees of, may take 1000 shares in the State Bank, 104 Trustees of, appointed, 105 Another Trustee of, appointed 124 W Wharfage, shipping and storeage Part of an act regulating of, passed in 1806, repealed, 19 A number of copies of the above mentioned act to be printed, 134 Wright Elisha, an act for the relief of, 67 Watkinsville in Clarke county, an act for the better regulation of the town of, 76 West James, name of, altered to that of Heard, 80 Washington, town of, in Wilkes county, a new street to be called and known by East street, laid out therein, 81 Whitney William O and Nathaniel Payne, exonerated from their recognizance for the appearance of Farley Thompson, 83 Wilkes county, Inferior court of, authorized to levy an extra tax, 84 Warren Edmund and Anna his wife, divorced, 86 Wayne county, a Notary Public appointed for, 124 Williams Drury, a resolution in favor of, 127

Locations