Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia COLUMBUS: TENNENT LOMAX 18581100 English

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE, AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1858 . 18581100 18581200 PUBLISHED BY AUTHORITY. COLUMBUS : TENNENT LOMAX, STATE PRINTER .

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TABLE OF TITLES, DIVISIONS AND:SUB-DIVISIONS. PART I. PUBLIC LAWS. TITLE I.AGRICULTURE. TITLE II.APPROPRIATIONS. TITLE III.ATTACHMENT AND GARNISHMENT. TITLE IV.BANKS AND BANKING. TITLE V.CENSUS. TITLE VI.CONSTITUTION. TITLE VII.CONVEYANCES AND REGISTRY. TITLE VIII.COUNTIES AND COUNTY LINES. TITLE IX.DEAF AND DUMB. TITLE X.DOWER. TITLE XI.EDUCATION. TITLE XII.ELECTIONS. TITLE XIII.EVIDENCE. TITLE XIV.EXECUTORS, ADMINISTRATORS, ORDINARIES, c. TITLE XV.INSOLVENT DEBTORS. TITLE XVI.INTERNAL TRANSPORTATION. TITLE XVII.JOINT STOCK COMPANIES. TITLE XVIII.JUDICIARY. TITLE XIX.JUSTICES COURTS. TITLE XX.LAND. TITLE XXI.LAWS. TITLE XXII.LOTTERIES. TITLE XXIII.NAMES CHANGED. TITLE XXIV.PENAL LAWS. TITLE XXV.PUBLIC DEBT. TITLE XXVI.TAX. TITLE XXVII.UNIVERSITIES AND COLLEGES.

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PART II. LOCAL AND PRIVATE LAWS. TITLE I.ACADEMIES, COLLEGES, TEACHERS OF POOR, c. TITLE II.CHURCHES AND CHARITABLE INSTITUTIONS. TITLE III.CITIES AND TOWNS. TITLE IV.COUNTY OFFICERS. TITLE V.COUNTY REGULATIONS. TITLE VI.COUNTY SITES. TITLE VII.EXECUTORS, ADMINISTRATORS, ORDINARIES, c. TITLE VIII.INCORPORATIONS. TITLE IX.PARDONS. TITLE X.PHYSICIANS. TITLE XI.RELIEF. TITLE XII.RIVERS AND DAMS. TITLE XIII.ROADS, BRIDGES, AND FERRIES. TITLE XIV.TAXES, TAX COLLECTORS, c. TITLE XV.VOLUNTEER COMPANIES.

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STATUTES OF GEORGIA, PASSED BY THE GENERAL ASSEMBLY OF 1858. PUBLISHED BY AUTHORITY. JOSEPH E. BROWN, GOVERNOR OF GEORGIA. JOHN E. WARD, PRESIDENT OF THE SENATE. JOHN W. H. UNDERWOOD, SPEAKER OF THE HOUSE OF REPRESENTATIVES. PART I.PUBLIC LAWS. TITLE I. AGRICULTURE AND COMMERCE. Sec. 1. Act of December 22d, 1857, Repealed except as to certain counties. (No. 1.) An Act to repeal an Act entitled an Act to prohibit non-residents from hunting, ducking and fishing within the limits of the State of Georgia, and assented to the 22d day of December, 1857. * * See Acts of 1857, page 15. SECTION 1. Be it enacted, That said act referred to, be and is hereby repealed. Provided, that the counties of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden, shall be exempt from the operation of this Act, and that the aforesaid Act of 1857, shall be and remain in full force and virtue in the counties above named, and no others. Act of 1857 repealed. Proviso as to Chatham, Bryan, Liberty, McIntosh, Glynm and Camden. Assented to Dec. 9, 1858.

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TITLE II. * * For provision made to pay for Consolidated Index to Colonial Head Rights, see Land, Title XX, Section 1. APPROPRIATIONS. SEC. 1. Appropriations to Judges commissioned after 22d December, 1857. SEC. 2. $2750 to R. K. Hines, and $1000 to William M. Reese. SEC. 3. Advance to members. SEC. 4. Advance to State Printer. SEC. 5. Governor to appoint Commissioner to examine claims of John H. Howard, to pay if he thinks right. SEC. 6. $3000 to Thomas H. Highsmith. SEC. 7. Repeals conflicting laws. SEC. 8. $30,000 to repair Penitentiary. SEC. 9. Governor to draw warrant on Trensury. SEC. 10. $500 to Pupils of Georgia Academy for the Blind. SEC. 11. Salaries of various officers. SEC. 12. Salaries of Judges. SEC. 13. Contingent fees of Attorney General and Solicitor. SEC. 14. Contingent Fund, Printing Fund. Military Storekeepers, Chaplain to Penitentiary, c. SEC. 15. Officers and patients of Lunatic Asylum and Penitentiary. SEC. 16. State House Guard, Librarian and Library. SEC. 17. Census, Clerk Supreme Court, and State House Clock. SEC. 18. Per diem and mileage of President, Speaker and members. SEC. 19. Salaries of Secretaries of Senate and Clerks of House. SEC. 20. Additional pay to Assistant Secretary and Assistant Clerk. SEC. 21. Additional pay to Secretary and Clerk, per diem of Chief Enroller, Messengers and Door Keepers. SEC. 22. Cleaning and lighting chandeliers. SEC. 23. Additional pay to Journalizing Clerks and A. M. Speer. SEC. 24. Trustees of Georgia Military Institute. SEC. 25. To purchase standard weights and measures. SEC. 26. Duty Clerks Superior Court. SEC. 27. Act of 1852 providing for taking census, re-enacted. SEC. 28. Governor to purchase Railroad Bonds from Penitentiary. SEC. 29. To H. A. Crane, Trustee, and Gray Tinby. SEC. 30. Henry Allen, and Georgia Asylum for Deaf and Dumb. SEC. 31. Monument to Gov. Irwin. SEC. 32. Jared Irwin, T. C. SEC. 33. Bank of Fulton. SEC. 34. Delegates to Nashville Convention. SEC. 35. Obadiah Edwards and Archibald Standifer. SEC. 36. Visitors to Deaf and Dumb Asylum. SEC. 37. Per diem to Pro Tem. President Senate and Speaker House. SEC. 38. Per diem and mileage to Senate Committee on Western and Atlantic Railroad, and per diem to W. B. Terhune. SEC. 39. $240 to Inferior Court Dade county. SEC. 40. Repeals conflicting laws. SEC. 41. To George W. Anderson and others. SEC. 42. Governor to draw his warrant. SEC. 43. $15,000 to build wall around Lunatic Asylum, and $6000 to make brick. SEC. 44. $10,000 to pay balances. SEC. 45. $5000 to Building Commissioners. (No. 2.) An act to appropriate money for the payment of such Judges of the Superior and Supreme Courts as hold commissions bearing date subsequent to the passage of the Act at the last session of the General Assembly raising the salaries of those officers, and for the payment of certain sums herein named to Richard K. Hines and William M. Reese. 1 SEC. I. That The General Assembly do enact, That the sum of seven hundred dollars be and the same is hereby appropriated to the payment of each of the Judges of the Superior Courts of this

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State whose commissions bear date subsequent to the 22d day of December, eighteen hundred and fifty-seven; and the sum of one thousand dollars to such Judge or Judges of the Supreme Court as hold commissions bearing date of a like character. Said sums to supply the deficiency in the general appropriation act of last session for the present year. Additional sums appropriated to sal. of Jud. of Sup. and Sup'e, Cts. 2. SEC II. That the sum of two thousand seven hundred and fifty dollars be and the same is hereby appropriated to the payment of Richard K. Hines as the amount yet due him for the copies of his Legal Forms furnished the State, and the sum of one thousand dollars to William M. Reese as the amount yet due him for the copies of Reese's Manual subscribed for by his Excellency the Governor in behalf of the State. $2.700 to R. K. Hines. $1000 to W. M. Reese. Approved November 16th, 1858. (No. 3.) An act authorizing the State Treasurer to make certain advances. 3 SEC. 1. Be it enacted, That the Treasurer be and he is hereby authorized to pay to the members of the present General Assembly and officers of the same, an amount corresponding to the last session, when the members or officers shall apply, at the per diem allowed at the last session. Tr. to pay to members and officers of Gen. Ass. advances. 4. SEC. 2. And be it further enacted, That the Governor be hereby authorized and empowered to draw his warrant upon the Treasury for the sum of five thousand dollars in favor of the State Printer as an advance for the printing of the Laws and Journals of the present session of the Legislature, if, in his judgment, it will not conflict with the public interest. Advance to State Printer. Approved November 20th, 1858. (No. 4.) An act to reimburse John H. Howard for the expense incurred by him in the Courts of Alabama and of the United States in defence of the State line as described in the compact of 1802. Whereas, John H. Howard purchased, for a valuable consideration of the city of Columbus, a certain number of lots for manufacturing purposes and made improvements thereon, which sale by the city was authorized by the State, the said lots extending to high water mark on the western bank of the Chattahoochee river; And whereas, one Stephen Ingersoll of Alabama, claims under a Patent from the United States to the middle of the river and instituted legal proceedings against said Howard in Alabama which compelled him, in defence of his own right and the right of the

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State, to litigate his claims at great expense in the Courts of Alabama as well as in the Courts of the United States, therefore Preamble. Gov. to app. Com. to examine clm's. of John H. Howard. 5. Sec. 1. Be it enacted, That it shall be the duty of the Governor to appoint a Commissioner to examine the counsel fees and actual expenses paid by said Howard, who shall certify to the Governor the amount so ascertained, upon which it shall be the duty of the Governor, or if he regard the same as equitable and just, to draw his warrant upon the Treasurer in favor of said Howard for the sum so expended, out of any moneys not otherwise appropriated. Com. to rep. to Gov; or if Gov. regard [Illegible Text] just, he may pay them. Assented to 24th November, 1858. (No. 5.) An Act for the relief of Thomas H. Highsmith. Whereas, Thomas H. Highsmith, while employed as Conductor of a train of cars on the State Railroad, was required to run an extra train at night on said road, in consequence of which a collision occurred on said road, by which the said Highsmith was greatly injured and disabled for life, one of his legs being so mashed and mangled that amputation was necessary and actually performed, which has greatly impaired his general health. And whereas there is no law providing for compensation in such cases by action or otherwise. Preamble 6. SEC. I. Be it enacted, That the sum of three thousand dollars be and the same is hereby appropriated and that said sum be paid to the said Thomas. H. Highsmith, as a compensation for his suffering and loss as aforesaid; and that his Excellency the Governor be and he is hereby authorized and directed, to draw his warrant upon the Treasurer in favor of said Thomas H. Highsmith, for the sum of money aforesaid, payable out of any money in the Treasury not otherwise appropriated. $3000 appropriated to T. H Highsmith. How paid. 7. SEC. II. Repeals conflicting laws. Assented to Dec. 1, 1858. (No. 6.) An Act to appropriate money for the repairs of the Penitentiary, and to erect additional buildings to the same for the security and accommodation of the convicts. 8. SEC. I. The General Assembly do enact, that the sum of thirty thousand dollars be and the same is hereby appropriated for a general repair of the Penitentiary, to be carried on under the direction of such person or persons as his Excellency the Governor may appoint; the plan of such repairs or reconstruction of any of the buildings to be submitted by the person appointed, to the Governor, and approved by him, and to be confined within the limits of this appropriation as far as practicable. $30.000 appropri't'd for repair of Penitenti'ry, under direction of such person as Gov. may appoint. Plan to be submitted to and appro'd by Gov. 9. SEC. II. Be it further enacted, That his Excellency the Governor

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be authorized to draw his warrant on the Treasury for said sum, or any part thereof, from time to time, as it may be required. Gov. to dr'w his warrant on [Illegible Text] Assented to Dec. 11, 1858. (No. 7.) An Act for the support of the Pupils of the Georgia Academy for the Blind. 10. SEC I. Be it enacted, That the sum of five thousand dollars be and the same is hereby appropriated to support the Pupils of the Georgia Academy for the Blind, during the current political year, and that the Governor be authorized to draw his warrant on the State Treasury in favor of the Trustees of said Academy for the said sum of money. $5000 [Illegible Text] to support pupils [Illegible Text] Ga. Acad'my for the [Illegible Text] Assented to Dec. 11, 1858. (No. 8.) An Act to appropriate money for the support of government for the political year of eighteen hundred and fifty-nine, and for other purposes therein named. 11. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the following sums of money be, and the same are hereby appropriated to the respective persons and objects hereinafter named, viz: The sum of three thousand dollars to his Excellency the Governor, as his salary for the year 1859. Governor's salary. And the further sum of sixteen hundred dollars each, to the Secretary of State, Comptroller General, the Treasurer and Surveyor General, for the year 1859. Sal. of State House officers. And the sum of twelve hundred and fifty dollars each, to the Secretaries, (not exceeding three,) employed in the Executive Department for the year 1859. Sal. of Governor's Secretaries. And the sum of two hundred and twenty-five dollars to each, the Attorney General and Solicitors General, for the year 1859. Att'y Gen'l and Solicitors. And the sum of six hundred dollars to pay the Messenger to the Executive Department, for the year 1859. Messenger. 12. SEC. II. That the Judge of the Supreme Court, who has been commissioned and sworn in since the Act of 1857, (increasing the salaries of the Judges,) receive the sum of thirty-five hundred dollars for the year 1859. And the two Judges of the Supreme Court who were commissioned and qualified previous to said Act of 1857, shall receive the sum of twenty-five hundred dollars, for the year 1859. Sal. of Supreme Court Judges. And the sum of eighteen hundred dollars to each Judge of the Superior Courts whose commission bears date prior to 22d December, 1857; and the sum of twenty-five hundred dollars to each Judge of the Superior Courts whose commission bears date since 22d December, 1857. Superior Ct. Judges.

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And to each Judge of the Superior Courts who may hereafter be commissioned during said year, a like appropriation is made pro rata, for the term he shall be in office during said fiscal year 1859. And the sum of one thousand dollars is hereby appropriated to pay the salary of Reporter of the decisions of the Supreme Court for the year 1859. Reporter of Supreme Ct. decisions. 13. SEC. III. And be it further enacted, That the Governor be, and he is hereby authorized to draw his warrant upon the Treasury from time to time, for such sums as may become due under existing laws, to the Attorney and Solicitors General as fees on account of services performed for the State in the Supreme Court in criminal cases. For contingent fees to Att'y Gen'l and Sol'rs. 14. SEC. IV. And be it further enacted, That the sum of sixteen thousand dollars be, and the same is hereby appropriated as a contingent fund for the year 1859. Contingent fund. And that the sum of fifteen thousand dollars be appropriated for a printing fund for the current year, and that in case of deficiency in this appropriation, the Governor is hereby authorized to draw his warrant upon the Treasury for the deficit, to be paid out of any money in the Treasury not otherwise appropriated. Printing fund. And the sum of three hundred dollars is hereby appropriated for the pay of the Military Store-Keeper at Savannah for 1859. Mil'ry Store-keeper, Savannah. And the sum of one hundred and fifty dollars for the pay of the Military Store-Keeper at Milledgeville, for the year 1859. Mil'ry Store-keeper, Milledgeville. And the further sum of one thousand dollars is hereby appropriated as a Military fund, for the year 1859. Military fund And the sum of one hundred and fifty dollars to pay the Chaplain of the Penitentiary, for the year 1859. And the sum of fifty dollars to some suitable person selected by the Governor, to keep clean, scour, air the chambers and dust the carpets, c. of the Senate and Representative Halls for the year 1859, Chaplain to Penitentiary To keep Senate Chamber and Hall in order. 15. SEC. V. And be it further enacted, That the sum of eighteen hundred dollars be, and is hereby appropriated to pay the salary of the superintendent and resident Physician of the Lunatic Asylum, for the year 1859. Sal. of Superintendent Lunatic Asylum. And the further sum of ten thousand dollars be, and the same is hereby appropriated for the payment of the trustees, attendants, servants hire, treasurer and subordinate officers, for the year 1859, Provided, That so much is found necessary by His Excellency the Governor, to whom quarterly reports of the expenditures shall be made. Trustees and subordinate officers of Lunatic Asylum. And the further sum of fifteen thousand dollars for the support of pauper patients in said Lunatic Asylum, for 1859, is hereby appropriated; provided, That so much may be necessary, to be adjudged of by the Governor, to whom quarterly returns shall be made. Provided further, That the Governor be, and he is hereby authorized to require the superintendent of the Lunatic Asylum, to state in his annual report, the items and amounts received from pay patients of said Asylum, and a full account current of his receipts and expenditures connected with the institution; And provided

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further, That in no case shall a pay patient from a sister State be received into said Asylum, when by receiving such pay patient there is not sufficient room and accommodation for all the pauper patients of this State, that may hereafter apply by their friends for admission into said Asylum. Pauper patients of Lunatic Asy'm. Proviso. Superinten-d'nt to report am't rec'vd from pay patients. Proviso. No pay patient from another State to be admitted to the exclusion of a pauper patient of this State. And the further sum [Illegible Text] twenty-five hundred dollars be, and the same is hereby appropriated to purchase provisions for the inmates of the Penitentiary, for the year 1859. Provisions for Penitentiary. 16. SEC. VI. And be it further enacted, That the sum of twelve hundred dollars, be, and the same is hereby appropriated to pay the State House Guard for the year 1859, and the sum of eight hundred dollars to pay the salary of the State Librarian for 1859. And the further sum of one thousand dollars is hereby appropriated to be used if necessary, by His Excellency the Governor for the increase of the State Library in selecting and purchasing such books as he may deem advisable for the year 1859. Sal. of State House G'rd. Sal. of State Librarian. $1000 to increase State Library. 17. SEC. VII. And be it further enacted, That the sum of forty thousand dollars be, and the same is hereby appropriated, or such other sum as may be necessary, for the purpose of defraying the expenses of taking the Census of the State for the year 1859. $40,000 to defray expense of census of 1859. And the further sum of one hundred dollars be, and the same is hereby appropriated to pay the Clerk of the Supreme Court for the correction of errors, for stationery, and advertising notice of the meeting of said Courts, in the year 1859. $100 to Cl'k Supreme Ct. for advertising. That the sum of fifty dollars be and the same is hereby appropriated to pay for the repairing and keeping in order the State House Clock, for the year 1859. $50 for repair of State House clock. 18. SEC. VIII. And be it further enacted, That the sum of seven dollars each per day be paid to the President of the Senate, and the Speaker of the House of Representatives, during the present session of the General Assembly. And the sum of four dollars for every twenty miles of travel, going to and returning from the seat of Government, the distance to be computed by the nearest route usually traveled, not including railroad or steamboat travel; the sum of six dollars each per day to the members of the General Assembly, during the present session, and four dollars each for every twenty miles travel going to and returning from the Capital, under the same rules which apply to the President of the Senate and Speaker of the House; Provided, that no member shall receive pay for the time he may have been absent without leave, except on account of sickness of himself or family. Per diem of Pres. of Senate and Spk'r H. of R. Mileage. Per diem of members of Gen. Ass'ly. Mileage. Proviso. 19. SEC. IX. And be it further enacted, That the Secretary of the Senate and Clerk of the House of Representatives each be paid the sum of Five Hundred Dollars for the year 1859; Provided, that no warrant shall issue in favor of either, until his Excellency the Governor shall have satisfactory evidence that they have respectively made or caused to be made, and attached to the journals of their respective Houses, a good and sufficient index, and have carefully marked and filed away, all reports of standing committees, and all other papers of importance counected with either House. The sum

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of seven dollars per day each to the Secretary and Assistant Secretary of the Senate, the Clerk and Assistant Clerk of the House of Representatives; the sum of seven dollars per day to one journalizing and two recording clerks of each House; and the sum of six dollars per day each to all other clerks of either House for the time they have been actually employed, which shall only be allowed them upon the certificate of the Secretary, or Clerk, or Chairman of a committee, stating that he required their services, and that they were actually performed. Salaries of Sec. Senate and Clerk H. of R. Previso for index to journals, c. Per diem of [Illegible Text] and As't, and [Illegible Text] and Assistant. Per diem of journalizing clerk and 2 recording clerks. Per diem to other clerks. 20. SEC. X. And be it further enacted, That the sum of two hundred and fifty dollars be and the same is hereby appropriated as additional compeusation to Charles J. Harris, the Assistant Secretary of the Senate, and the same drawn under the warrant of the President of the Senate; and the like amount to the Assistant Clerk of the House of Representatives, to be drawn under the warrant of the Speaker of the House of Representatives. Additional pay to As't [Illegible Text] and As. Clerk. 21. SEC. XI. And be it further enacted, That the sum of fifty dollars each to the Secretary of the Senate and Clerk of the House of Representatives, be and the same is hereby appropriated to defray the contingent expenses of their respective offices the present session of the Legislature, and that the sum of seven dollars each per day be given to the chief enrolling Clerk of the Senate and House of Representatives; and the sum of seven dollars per day be paid to each of the Messengers and Doorkeepers of the Senate and House of Representatives the present session of the General As embly. Addit'l pay to Ser'y and Cl'k for contingent expenses. Per diem to chief enrol [Illegible Text] in [Illegible Text] and H. of R. Per diem to [Illegible Text] and doorkeeper. 22. SEC. XII. And be it further enacted, That the sum of fifty dollats be and the same is hereby appropriated to pay for cleaning, lighting and keeping in order the chandeliers of the Senate Chamber and Representative Hall during this session of the General Assembly. For cleaning and lighting [Illegible Text] 23. SEC. XIII. And be it further enacted, That the sum of two hundred ($200) dollars be and the same is hereby appropriated as additional compensation for the journalizing Clerk of the House of Representatives, and a like sum of two hundred dollars to F. H. West, journalizing Clerk of the Senate; and that the sum of two hundred dollars be and the same is hereby appropriated to A. M. Speer, for services as Clerk of the House of Representatives. Additional [Illegible Text] to journalizing c'ks of Sen. and House. $200 pay to A. M. Speer, [Illegible Text] clerk H. of R. 24. SEC. XIV. And be it further enacted, That the Trustees of the Georgia Military Institute receive the same sum each that is paid to the Board of Visitors. Pay to Trustees of Ga. Mil. Ins. 25. SEC. XV. And be it further enacted, That the sum of ten thousand dollars, or such part thereof as may be necessary for that purpose, be and the same is hereby appropriated to be used in the purchase of standard weights and measures, sufficient to supply all the counties which have not been supplied with such standards, and in defiaying all expenses of distributing the same among the counties; and that his Excellency the Governor be requested to make such purchase and direct such distribution among the counties. $10,000 to purchase and [Illegible Text] standard weights and measures among the counties. 26. SEC. XVI. And be it further enacted, That it shall be the duty of the Clerk of the Superior Court of each county in this State, to report

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to his Excellency the Governor, by the first day of March next whether his county is supplied with standard weights and measures. Clerk Superior Couristo report to Governor whether [Illegible Text] county is supplied or not. 27. SEC. XVII. And be it further enacted, By the General Assembly of the State of Georgia, and it is hereby enacted, that to provide for taking of the census of the State of Georgia in pursuance of the requirements of the twenty-fifth section of the first article of the Constitution of the State of Georgia, the act approved January the 8th 1852, to provide for the same, be and the same is hereby re-enacted to provide for the taking of the census of the State, for the year 1859, except that part requiring the census taker to make his or their returns to the Clerks and the Clerk to the Governor, hereby amending those two sections so as to require the census taker or takers of each county to make their respective returns to the Clerks of the Superior Courts, on or before the first day of September 1859, and the Clerks to make their returns of the same as required in that act to his Excellency the Governor on or before the first day of October 1859. Act of 1859 re enacted to provide for taking [Illegible Text] in 1859. But amended so as to require returns to Clerk Superior Court by 1st September and to Gov. by 1st October. 28. SEC. XVIII. And be it further enacted, That the Governor is hereby authorized to purchase for the State, from the Penitentiary of this State or the principal keeper thereof, all such bonds as said Penitentiary may have on solvent Railroad Companies, for cars made at said Penitentiary and sold to said Companies on credit, said bonds to be paid for at par, if in the opinion of the Governor, they are perfectly good. And the Governor is hereby authorized to draw his warrant on the [Illegible Text] for such sum or sums as may be necessary to pay for the same, out of any money in the Treasury not otherwise appropriated. Governor to purchase Railroad Bonds from Penitentiary and to pay for the samo. 29. SEC. XIX. And be it further enacted, That the sum of ten dollars and thirty-seven cents, be and is hereby appropriated for the payment of a double tax to H. A. Crane, Trustee of Mrs. A. J. Chalmers and also the sum of thirty-five dollars and thirty one cents for the payment of a double tax to Gray and Tinby of Chatham. $10 37 cents to H. A. Crane trustee. $35 31 cents To Gray and Tinby. 30. SEC. XX. Be it further enacted, That the sum of one hundred and fifty dollars, be and the same is hereby appropriated to Henry Allen, late Sheriff of the county of Gwinnett, for services rendered the State in the execution of the criminal laws thereof, and his Excellency the Governor, be and he is hereby authorized to draw his warrant on the Treasury for the same. $150 to [Illegible Text] Allen. That the sum of eight thousand dollars be and the same is here by appropriated in addition to previous appropriations for the support, clothing c., of the inmates of the Georgia Asylum for the Deaf and Dumb. $8,000 to Georgia Asylum for Deaf and Dumb. 31. SEC. XXI. And be it further enacted, That the sum of fifteen hundred dollars be appropriated to erect a suitable monument over the remains of Gov. Jared [Illegible Text] and that the Governor be requested to carry out the object of this appropriation. $1500 for monument to late Gov. Irwin. 32. SEC. XXII. And be it further enacted, That the sum of eighty six dollars and six cents be refunded to Jared Irwin, late Tax Collector of Dougherty [Illegible Text] and that the Governor draw his warrant [Illegible Text] the Treasury for the same. $86 06 conts to Ja ed Irwin, T. C.

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33. SEC. XXIII. And be it further enacted, That the sum of sixty dollars be appropriated to the Bank of Fulton for four lost coupons on the State, upon the filing of an affidavit of the President, as to their loss, in the Treasurer's Office. $60 to Bank of Fulton. 34. SEC. XXIV. Be it further enacted by the authority aforesaid, That the sum of two hundred and fifty dollars be and the same is hereby appropriated to each of the Delegates who were appointed under an Act of the Legislature, and attended the Southern Rights Convention at Nashville, in the year eighteen hundred and fifty, in full for their per diem, mileage and expenses, and that the same be paid respectively to each, or the legal representatives of such as are deceased. $250 each to Del.to Nash. Con. in 1850. 35. SEC. XXV. And be it further enacted, That the sum of ten dollars and seventy-three cents be appropriated to Obadiah Edwards, Jr., of the county of Effingham, it being the amount paid by him as double tax on the State tax of 1858; and that John G. Morel, Senator from said county be authorized to receive and receipt for the same; and that the sum of four dollars and ninety cents be refunded to Archibald Standifer, it being the amount of a double tax on a house and lot in the city of Dalton, and that the Senator from Jasper be authorized to receipt for the same. $10 73 cents to Obadiah Edwards. $4 90 cents to Archibald Standifer. 36. SEC. XXVI. And be it further enacted by the authority aforesaid, That the following section be added to and become a part of this bill, that the Joint Committee appointed by the last Legislature to visit and examine and report upon the condition and affairs of the Deaf and Dumb Asylum at Cave Spring, Georgia, be allowed the following sums in payment for said service, to-wit: that Abner Darden be allowed six dollars per day for seven days, W. R. Webster six dollars per day for seven days, Torrence McGuire six dollars per day for nine days, and ten dollars for mileage and five dollars for traveling expenses; J. Sprayberry six dollars per day for nine days, and thirty dollars for mileage, and sixteen dollars for traveling expenses, and that Benjamin H. Bigham be allowed six dollars per day for eleven days and forty dollars for mileage, and the further sum of twenty dollars for traveling expenses, and that H. J. Sprayberry, the Representative from Catoosa county be and is hereby authorized to receive and receipt the Treasurer for the above named sums, and pay over the same to said committee. Various sums to Jn't com. of Visitors to Deaf and Dumb Asylum. 37. SEC. XXVII. And be it further enacted, That seven dollars per day be paid to the President of the Senate pro tem., and the Speaker of the House pro tem. Per diem to Pres. Senate and Sp'kr H. R. pro tem. 38. SEC. XXVIII. That the sum of eight dollars per day, and the same mileage as is allowed the members of the Legislature to and from their homes to the city of Atlanta, be appropriated to pay each, Thomas P. Stubbs, Hawkins F. Price, Joseph Y. McConnell, and Lawson Fields, for forty days, and John A. Tucker for ten days service rendered the State, fifty days in examining into the affairs of the Western and Atlantic Railroad under a resolution of the Senate, and that the sum of ten dollars per day for fifty days be appropriated to W. B. Terhune Secretary of said committee, for services rendered as such Secretary, upon his filing the original records of said

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committee in the Secretary of State's Office, together with the original papers not embodied in said report. Per diem and mileage to Sen. com. visiting W. A. R. R. (Assented to December 11, 1858.) (No. 9.) An Act to make perfect an Act appropriating twelve hundred dollars to the Inferior Court of Dade county, for the purpose of rebuilding the Court House, which had been destroyed by fire, assented to February, 18, 1854. Whereas, the sum of twelve hundred dollars was appropriated to the Inferior Court of Dade county, and whereas they have not received but nine hundred and sixty dollars of that sum, Preamble 39. SEC. I. Therefore be it enacted, That the sum of two hundred and forty dollars be and the same is hereby appropriated to the Justices of the Inferior Court of Dade county to aid in the building of a Court House, and that the same be paid over to the members from said county. $240 [Illegible Text] to Justices Inf. [Illegible Text] Dade co. To aid in build'g court house. 40. SEC. II. Repeals conflicting laws. Assented to Dec. 13, 1858. (No. 10.) An Act to appropriate money for the compensation of G. W. Anderson and others for the apprehension of the murderers of Samuel Landrum. 41. SEC. I. Be it enacted, That the sum of four hundred dollars be and the same is hereby appropriated out of any moneys in the Treasury not otherwise appropriated, for the purpose of compensating G. W. Anderson, Eli T. Hunnicutt, Willis Carlisle and D. H. Brannen, for the apprehension and imprisonment of Radford J. Crockett, John Cobb, Jr., and Gabriel Jones, of the county of Fulton, accused of the murder of Samuel Landrum. $400 appropriated to compensate G. W. Anderson. E.T. Hunnicutt, W. Carlisle D. H. Brannen. 42. SEC. II. And be it further enacted, That the Governor may draw his warrant in favor of the said G. W. Anderson, Eli T. Hunnicutt, Willis Carlisle and D. H. Brannen, for the amount so appropriated, any law to the contrary notwithstanding. How paid. Assented to Dec. 13, 1858. (No. 11.) An Act to appropriate money for the completion of the State Lunatic Asylum, and for other purposes therein mentioned. 43. SEC. I. Be it enacted, That the sum of fifteen thousand dollars be and the same is hereby appropriated to enable the authorities of the State Lunatic Asylum to have erected the wall contemplated by the Act passed by the last General Assembly to appropriate six thousand dollars for making brick for that purpose, and also to grade, level and lay out the grounds in the immediate vicinity of the new buildings. $15000 appropriated to build wall around Lun' Asylum.

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44. SEC. II. And be it further enacted by the authority [Illegible Text] That the sum of ten thousand dollars be and the same is hereby appropriated to supply the Building Commissioners with the means of paying balances that will shortly be due on contracts now in process of fulfillment, and to complete entirely the improvements under their direction and control. $10000 to build'g [Illegible Text] to pay balances and to complete [Illegible Text] 45. SEC. III. And be it further enacted, That the sum of five thousand dollars he and the same is hereby appropriated for the payment of the Building Commissioners, under whose care and direction have been the improvements about to be completed at the State Lunatic Asylum. $5000 to build'g commissioners., Assented to Dec. 14, 1858. TITLE III. ATTACHMENT AND GARNISHMENT. Sec. 1. Shares in corporations may be at tached and sold. Sec. 2 Subsequent transfer void; shares levied on how sold. Sec. 3. Repealing clause. (No. 12.) An act amendatory of an Act to authorize the issuing of attachments and garnishments, and to regulate the proceedings in relation to the same, and for other purposes therein mentioned, approved March 4th, 1856, * * See Acts of 1855 and 1856, p. 25. 1. Section 32 of above Act provides that service of the attachment by serving process of garnishment shall be as effectual for all purposes as though the attachment had been served by levying the same upon the property of the defendant. Said section is therefore repealed by this Act, so far as relates to attachments against any interest or amount of shares in any corporation. so as to make the shares or interest of stockholders in any corporation in this State, subject to attachment and sale, and for other purposes herein mentioned. SECTION I. Be it enacted, That whenever process of attachment shall issue according to the provisions of an Act, of which this is amendatory, and the party against whom such process issues, shall have or own any interest or amount of shares in any corporation in this State, the same may be attached in manner following: The officer in whose hands the attachment is placed, shall endorse thereon an entry of his levy on the corporate shares or interest of the debtor, and shall forthwith serve a copy of the attachment, with such entry endorsed, upon the President of the corporation, at the

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office of the company, or by leaving the same at the usual and most notorious place of doing business of said company, which said entry and service shall amount to and be considered a seizure of said corporate interest to all intents and purposes, and on execution issued on such attachment, may be sold as the same can now be done by ordinary execution. Attachment against a party owning stock in a corporation. Officer to endorse upon process of attachment [Illegible Text] levy on said share or interest, and serve copy of attachment on Presid'nt Said service to be considered as a seizure of def's interest, and may be sold under execution. SEC. II. Be it further enacted, That from and after the entry of levy and service of attachment on the corporation as aforesaid, any transfer by the defendant of the stock so attached, shall be absolutely void, and on execution issued, the same shall be sold by the Sheriff or his deputy, according to the provisions of an Act to make bank and other stock subject to execution, approved December 21st, 1822. Transfer by def'dt after said entry of levy, void. Levy to be sold by [Illegible Text] or deputy. Certificates of purchase shall be granted by the officer selling, as therein prescribed, and on presentation of such certificate to the proper officer of said corporation, it shall be his duty to make such transfer on his books, if necessary, and afford the purchaser such evidence of title to the stock purchased, as is usual and necessary with other stockholders. Certificate of purchase to be granted by officer selling. Officer of corporation to make transfer on his books and give purchaser evidence of title. SEC. III. Repeals conflicting laws. Assented to December 13, 1858. Notes of Decisions of the Supreme Court. 1. An attachment is good though the officer omits to add J. P. to his name. 20 Ga. p. 735. 2. To an attachment founded on the ground that the defendant is actually removing out of the limits of the county, it is a good defence that the defendant resides in another county. 22 Ga. p. 607 3. The plaintiff cannot have judgment against the garnishee until he has had judgment against the defendant. 23 Ga. p. 186. 4 A proposition to settle a debt made by defendant in attachment for a debt not due, before the levy, in an action for maliciously suing out an attachment, may be received in evidence. 24 Ga. p. 265. 5 Parol evidence of an order for sale of perishable goods attached, admissible, when the office of the Clerk of the Court to which the attachment was returnable is searched, and it cannot be found on record or of file. Ibid. 6. Proposition by one of the defendants who had actually left the State, made after the attachment had been levied to secure the debt, is not admissible in an action for maliciously suing out an attachment. Ibid.

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TITLE IV. BANKS AND BANKING. ART. I. GENERAL LAWS. ART. II. PRIVATE CORPORATIONS. ARTICLE I. GENERAL LAWS. SEC. I. Additional Penalty on Banks failing to make returns under oath by January 1, 1859. SEC. 2. On failure, execution to issue monthly. SEC. 3. Defining liability of shareholders. Sec. 4. Repealing clause. (No. 13) An act to impose additional penalties upon the Banks of this State, so as to compel them to comply with the requisitions of an act, * * See Acts of 1857, page 26. entitled An act, to provide against the forfeiture of the several Bank Charters in this State, on account of non-specie payment for a given time, and for other purposes therein mentioned, passed by a Constitutional majority at the last session over the Executive veto. 1. SECTION. I. The General Assembly of Georgia do enact as follows, All and every Bank in this State which shall not by the first day of January next, make their returns accompanied by affidavits in terms of the above recited act, they shall, in addition to the penalties therein prescribed, forfeit and pay to the State a tax of two per cent permonth upon their capital stock from that time, to be levied and collected by execution issued from the office of the Comptroller General; provided that execution shall not issue before the first day of July next; and the Bank may, in the meantime, prevent the issuing of execution by making its regular annual and semi-annual returns relating back to the said first day of January next. All Banks failing to make returns under [Illegible Text] by 1st January 1859, shall pay a tax of two per cent a month Execution to be issued by Comptroller General on 1st July next. Banks may prevent it by making returns. 2. SEC. II Upon the failure of any Bank or Banks in this State to make their returns as provided in the said act of 1857, and in the time provided in the foregoing section, they shall be liable to pay a tax of two per cent per month on their capital stock, during the time of such failure, to be levied and collected in the manner prescribed

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in the foregoing section; execution to issue at the end of every month during which such failure exists. Previous to the passage of this act the only penalty incurred by Banks failing to make the returns required by law, was that provided in section 13 of act, of December 24, 1832; by which it was made unlawful to receive the bills of any such delinquent Bank, or Banks, in payment of any debt due the State of Georgia or the Central Bank, until the President and Directors (or President and Cashier, by act of 1850, shall have made such returns. And by section 14 of said act of 1832, it was made the duty of the Governor to publish the name or names of such Bank or Banks in all the newspapers printed in Milledgeville, c. On failure to make returns, to be taxed 2 per cent per month during such failure. Execution to issue monthly. Approved December 11, 1858.* (No. 14.) An act to define the liability of Stockholders in Banks and other chartered Institutions. 3. SEC I The General Assembly of the State of Georgia do enact, That the liability of Stockholders in Banking and other chartered institutions, shall not cease upon the expiration of the charter of said Company, but that the same liability shall exist after as well as before the expiration of said charter, until the whole business of said Company is fully settled up; any law, usage, custom or practice to the contrary notwithstanding. Liability of stockholders in corporations not to cease on expiration of charter, but continue [Illegible Text] the whole business of corporation [Illegible Text] settled. 4. SEC. II. Repeals conflicting laws. Assented to December 11, 1858. Notes of Decisions of the Supreme Courts. For various decisions of Supreme Court as to the liability of the Stockholders in Planters and Mechanics Bank of Columbus. See 18 Ga. R pages 318, 411 and 444. 1. Bank charters are contracts and are to be interpreted as such. 19 Ga. R. p. 325. 2. Each individual stockholder, by his acceptance of the charter, becomes a party to the contract and is bound by all its provisions. Ib. 3. One of a company of stockholders, who participated in the illegal organization of a bank, upon a spurious and not a specie basis as required by the charter, cannot, under the invidual liability clause, maintain a suit upon the unpaid bills of the bank, against another stockholder; and evidence is admissible to show the fraudulent manner in which the Bank was put in operation. 19 Ga. R. p. 337 4. Where the shares of a Bank are transferred by A. to B. without consideration, and without the knowledge or consent of B., B. is not the owner in contemplation of the charter, and can only be made liable on the gronnd of fraud, e. g. acquiescing in the transfer, after the fact is brought to his notice, for the benefit of some other person, and to the injury of the creditors of the corporation. Ib 5. In fixing the ownership of stock, it is not competent to give in evidence the declarations of the officers and agents of the Bank, for that purpose. Third persons are not bound by their sayings. Ib. 6. It is not proper to screen a stockholder from responsibility, under an individual liability clause in a Bank charter, to prove that assets sufficient to pay the creditors were turned over by the corporation to an assignee, chosen and selected by itself, and over whom the corporation had, by law, co-ordinate control with the creditors. Ib. 7. Conceding the common law rule, that upon the dissolution of a corporation, the debts due to and from it are extinguished, still it is competent for the Legislature to interpose and prevent such a result; and having done so, it is not in the power of the Courts to render a judgment, containing the declared will of the Legislature; any such attempt would be an excess of jurisdiction, which would render its proceedings certainly voidable, if not absolutely void. Ib. 8. In a suit against a stockholder in a bank, the transfer book is evidence. 20 Ga. R. p. 275. 9. The directors are liable for an excess of issues; and the bill-holder by releasing the directors, releases the stockholders. Ib. 10. Such liability of the Directors is joint. Ib. 11. Settling with one stockholder is immaterial to the others. Ib.

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12. An Act of the Cashier, known to and ratified by the Directors, binds the Bank. Ib 13. To enable creditors to render stockholders liable for fraud, they must show that they gave credit from something said or done by the members amounting to a deceit. 22 Ga. R. p. 848. 14. By the expiration of the charter of the Commercial Bank of Macon, the liability of the Directors under the 8th section for the payment of bills issued in excess, became [Illegible Text]. 221 Ga. p. 513. 15. For a stockholder in a banking or other corporation in this State, who is personally liable, to dischargeh imself from liability for the notes or other contracts of such Bank or other corporation upon a transfer of his stock, it is necessary under the Act of 1838, ( Cobb 112,) that he should give notice once a month for six months, of such transfer, and immediately after the same is made in two newspapers in or nearest the place where such Bank or other corporations, shall keep their principal office; and even then, he is not exempt from the claim of a creditor who has given him written notice thereof within six months after the transfer is made. 22 Ga. p. 86. 16 Where a stockholer of a corporation is made individually liable upon an execution issuing against the corporation, he is entitled to the remedy by illegality, the same as any other defendant in fi. fa. Ib. 17. By 15th section of Act of 1822, to secure the solvency of all the banking institutions in this State, the paper discounted and held by a bank, is payable in the bills of the bank. 24 Ga. p 249. 18. The appointment of a receiver does not affect the right of the debtor to pay in the bills of the Bank. Ib 19. When the capital stock of an incorporated Bank, is subscribed and paid in, it constitutes a trust fund for the benefit of the stockholders; but when notes are issued and circulated thereon, another and superior trust arises, and the stock must be first applied to the payment of the notes of the Bank. 24 Ga. p. 273. 20. If the charter requires a certain amount of the capital stock to be paid in before the notes can be issued, but the directors nevertheless proceed to issue notes, if the Bank fail or become insolvent, the billholders and creditors of the Bank may proceed at once against the stockholders and directors. Ib. 21. If stockholders do an illegal act, or omit to do what the law requires, by which the rights of others are prejudiced, the law declares such conduct fraudulent. Ib. 22. The assignees and successors of stockholders and directors of a Bank, are not [Illegible Text] by the fraud of their assignors and predecessors, if they become assignees and successors without fraud. Ib. 23. An assignment by a Bank of its effects to which the creditors are not parties or consenting, cannot deprive them of the right to sue stockholders and directors for breach of duty. Ib. 24. That the bills of a Bank are below par does not make their circulation illegal. [Illegible Text] vs. [Illegible Text], decided at Macon. June term 1858, Supreme Court. 25. Though the holder of the bills of a Bank obtains them at a discount, he may collect them in full. Ib. 26. It is no defence to the parties to a note, when sued by the holder, that he has made a champertous agreement in reference to the note, with the Attorney bringing the suit. Ib. N. B. See also notes to internal transportation. Title VI. 27. That a transfer of stock in the Planters and Mechanics Bank of Columbus, was made after the failure of the Bank, did not render the transfer void; and therefore, did not prevent the transferee from becoming a stockholder, and as such, being liable under the 4th section of the Bank's charter. Ib. 28. That the transfer of the stock of this Bank is made at a time, when the Bank is doing business, and is able to pay its debts, and made to a solvent person, does not per se relieve the stockholder making the transfer, from the liability created by the 11th section of the Bank's charter. Ib. 29. The liability of the stockholders of the Planters and Mechanics Bank of Columbus, expired with the expiration of the charter of the Bank. Ib.

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ART. II.PRIVATE CORPORATIONS. Sec. 5. 19th section of Charter of Bank of Fulton repealed. Sec. 6. Capital stock exempt from city tax. (15.) An act to repeal the nineteenth section of an act entitled an act, to incorporate a Bank in the city of Atlanta, to be called the Bank of Fulton, and for other purposes therein named. 5. SECTION I. Be it enacted, That from and immediately after the passage of this act, the said nineteenth section in the above recited act be and the same is hereby repealed. 19th section of [Illegible Text] And be it further enacted by the authority aforesaid, That the remaining eighteen sections in said recited act, shall remain and continue in full force and virtue, and that said Bank shall make out and forward their returns in terms of the general laws of this State. The remainder of said charter of full force. Said Bank to make and forward returns according to general laws. 6. SEC. II. And be it further enacted by the authority aforesaid, That the capital stock or amount paid in, be, and is hereby exempt from city tax, in the city of Atlanta, but the city Corporation authority, may tax the declared dividend of said Bank, which shall be given in by the President or Cashier in the name of the Bank, to the city authority. * * For the Act of which this is amendatory, See Acts of 1855-56, p. 66. Capital stock exempt from city tax. But city may tax declared dividends. To be given in by President or Cashier. Assented to, December 11, 1858. TITLE V. CENSUS. For Acts providing for taking the Census of the State for the year 1859, see appropriation, Title II, sections 7th and 17th; and also Acts of 1851-52, pp. 45, 46-7.

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TITLE VI. CONSTITUTION. Sec. 1. Repeals part of the 1st section 3d Article of the Constitution. Sec. 2. Empowers Judges to order a re-hearing and continue cases. (16.) An act to repeal a part of the first Section of the Third Article of the Constitution of this State, and to insert a provision in lieu thereof. SECTION I. Be it enacted, That so much of the said first section of the Third Article of the Constitution, as required the Supreme Court at each session to dispose of, and finally determine each case on the docket of said Court at the first term after writ of error brought, be and the same is hereby repealed; and shall hereafter form no part of said Constitution. Constitution requiring Supreme Court to dispose of each case at its first term, repealed. SEC. II. Be it further enacted by the authority aforesaid, That in all cases which may come before said Court, where the Judges shall not be able to agree or to come to a satisfactory conclusion at the first term, they may order a rehearing and continue said case for one term and no longer. * * NOTE. Passed the first time. See title Judiciary, note of Decisions in Supreme Court. In a note to Judge Lumpkin's written opinion in the case of Powers vs. The Central Bank, xviii. Ga R. p. 658, he says: Since writing out this opinion, application was made, by counsel for the plaintiff in error, for the Court, (Supreme Court), to review and reverse its own judgment; which was refused, upon the ground that the Constitution was imperative, that a final judgment should be rendered at the first term, c. c. Where Judges cannot agree to order a rehearing may continue case for one term. Assented to, December 13th, 1858. TITLE VII. CONVEYANCES AND REGISTRY. See title xiii. Evidence Nos. 42 and 43.

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TITLE VIII. NEW COUNTIES AND COUNTY LINES. * * For act to locate and define the line between the counties of Berrien and Coffee. see Cities and Towns, Title III, No. 139; being an act to amend the several acts of force in relation to the incorporation of the town of West Point, in Troup, c. c..... c.Section XI. And for adding certain lots of Land, in the 4th district of Irwin, to the county of [Illegible Text].See same title and number, section X. Sec. 1. CLAYTON county laid out. County site and boundaries. Sec. 2. To what districts attached. Sec. 3. Qualifications of voters; election of county officers; Inferior Court to select site for public buildings; militia districts formed. Sec. 4. Officers pro tem. Sec. 5. Processes transferred. Sec. 6. Suits transferred Sec. 7. Juries how obtained. Sec. 8. Courts when held. Sec. 9. Repealing clause. Sec. 10. New county from Stewart and Randolph; its boundaries. Sec. 11. Named QUITMAN; Congressional and Judicial district and militia division. Sec. 12. Election of county officers, c. Sec. 13. Election of Justices of the Peace. Sec. 14. Inf. Court to select site for public buildings. Sec. 15. Officers pro tem. Sec. 16. Suits transferred to new county. Sec. 17. Times of holding Courts. Sec. 18. Repealing clause. Sec. 19. New county from Habersham and Franklin, and its boundaries. Sec. 20. Named BANKS; Congressional and Judicial districts. Sec. 21. Qualified voters to elect county officers; election when held; militia districts and election of J. P.; officers now in commission to hold over. Sec. 22. Inf. Court to select site for public buildings. Sec. 23. Processes and suits transferred. Sec. 24. Election returns where consolidated, and place pro tem. of holding Courts. Sec. 25. Times of holding Superior and Inf. Courts. Sec. 26. Grand and petit jurors, how obtained. Sec. 27. Repealing clause. Sec. 28. JOHNSON county for ned from Washington, Emanuel and Laurens, and its boundaries. Sec. 29. Judicial and Congressional districts and militia division. Sec. 30. Commissioners to select county site. Sec. 31. Election of county officers, c. Sec.32. Inf. Court to complete unfinished business of commissioners. Sec. 33. Election precincts established. Sec. 34. Jus. Peace and bailiffs to act pro tem. Sec. 35. Processes transferred. Sec. 36. Suits transferred. Sec. 37. Grand and petit jurors how obtained. Sec. 38. Times of holding Superior and Inf Courts. Sec. 39. Inf. Court to levy extra tax. Sec. 40. Ex'ors and admr's where to make returns. Sec. 41. New county from Lowndes and Thomas, and its boundaries. Sec. 42. Named BROOKS, and attached to what Congressional district, Judicial Circuit and Militia division. Sec. 43. Election of county officers, militia districts and Justices of Peace. Sec. 44. Inf. Court to select county site called QUITMAN, and to contract for public buildings. Sec. 45. Each Justice Court Ground to be an election precinct. Sec. 46. Suits and processes to be transferred. Sec. 47. Times of holding Superior and Inf. Courts. Sec. 48. Place of doing public business pro tem. Sec. 49. Funds in Treasury of Lowndes to be divided; new county to take part of tax of 1858. Sec. 50. Funds in Ordinary's hands to be equally divided. Sec. 51. New county from Lowndes and Clinch, and its boundaries. Sec. 52. Named ECHOLS, its Judicial and Congressional district and Militia division. Sec. 53. Commissioners to select county site. Sec. 54. Election of county officers, militia districts, and Justices Peace elected. Sec. 55. Inf. Court to complete unfinished business of commissioners, and to contract for public buildings. Sec. 56. Justice Court Grounds to be election precincts. Sec. 57. Justice Peace and bailiffs pro tem Sec. 58. Processes to be transferred.

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Sec. 59. Suits to be transferred. Sec. 60. Grand and petit jurors, how obtained. Sec. 61. Times of holding Courts. Sec. 62. Repealing clause. Sec. 63. Line changed between Henry and DeKalb. Sec. 64. Repealing clause. Sec. 65. County Surveyors of Montgomery and Tattnall, to resurvey line. Sec. 66. County Surveyors of Tattnall and Emanuel to resurvey line. Sec. 67. Inf Courts to compensate them. Sec. 68. Repealing clause. Sec. 69. Line changed between Elbert and Hart. Sec. 70. Repealing clause. Sec. 71. Line changed between Fayette and Clayton. Sec. 72. Repealing clause. Sec. 73. To amend act Dec. 22, 1857, establishing line between McIntosh and Liberty. Sec. 74. Repealing clause. Sec. 75. Line changed between Wayne and Glynn. Sec. 76. Line changed between Miller and Early. Sec. 77. Repealing clause. Sec. 78. Line changed between Ware and Pierce. Sec. 79. Repealing clause. Sec. 80. Line changed between Dougherty and Worth. Sec. 81. Repealing clause. Sec. 82. Line changed between Irwin and Worth. Sec. 83. Repealing clause. Sec. 84. Line changed between Jefferson and Emanuel. Sec. 85. Repealing clause. Sec. 86. Line changed between Gilmer and Pickeus. Sec. 87. Line changed between Camden and Glynn. Sec. 88. Repealing clause. Sec. 89. Inf. Courts of Wayne, Appling and Pierce to employ competent surveyors to mark out and define dividing lines. Sec. 90. Surveyors of Appling and Wayne, duties prescribed. Sec. 91. Surveyors of Wayne and Pierce, duties prescribed. Sec. 92. Expenses how to be divided. Sec. 93. Repealing clause. Sec. 94. Line changed between Macon and Sumter. Sec. 95. Line changed between Schley and Marion. Sec. 96. Line changed between Habersham and White. Sec. 97. Line changed between Henry and Clayton. Sec. 98. Repealing clause. Sec. 99. Line changed between Coffee and Irwin. Sec. 100. Commissioners to run new line. Sec. 101. Line changed between Wilcox and Pulaski. Sec. 102. Repealing clause. (No. 17.) An act to lay off and organize a new county out of the counties of Henry and Fayette to be called' Clayton county; to attach the same to the Coweta Judicial Circuit, to the fourth congressional district, and to the 2d Brigade and Fifth Division Georgia Militia, and to locate the county site of the same, and for other purposes herein mentioned. 1. SECTION 1. Be it enacted, That from and after the first day of January next, a new county shall be laid out and organized from the counties of Henry and Fayette, to be called Clayton county, and the county site of said new county to be located in the town of Jonesboro, (now in the county of Fayette.) The lines * * Lines changed between Fayette and Clayton by subsequent act of this session, see No. 26, Title County Lines; also between Henry and Clayton, see No. 36, same Title and boundaries of said new county shall be as follows: Commencing at the northwest corner of lot of land Number six (6) in the original thirteenth (13th) district of Henry county now Fayette, the dividing line between the counties of Fayette and Fulton. Thence due east along said line to the north-east of lot of land Number two hundred and forty-eight (248) in the original twelfth district of Henry county. Thence due south to the south-east corner of lot of land Number seventy-three (73) in said district of said county. Thence due west

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to the south-east corner of lot of land Number seventy-five (75) in said district. Thence due south to the south-east corner of lot of land Number one hundred and fifty-five (155) in the original sixth district of said county of Henry. Thence due west to the county line between Henry and Fayette. Thence down said line south to the Spalding county line. Thence due west along said line between Fayette and Spalding to the middle of Flint River. Thence up the stream of said river to the point where Camp Creek empties into said Flint river. Thence up said Camp Creek to the south-west corner of lot of land one hundred and eighty-five (185) in the original thirteenth (13th) district of Henry but now Fayette county. Thence due west, and that the said south line running west terminates at the south-west corner of lot of land Number 187 in 13th district of Fayette. Thence north to Fulton line between lots Numbers five and six in the 13th district of Fayette, to the beginning point. Now county from Henry and Payette to be called Clayton. County site [Illegible Text]. [Illegible Text]. 2. SEC. II. And be it further enacted, That the said county of Clayton shall be attached to the Coweta Judicial Circuit, the fourth congressional district, and to the Second Brigade of the Fifth Division, Georgia Militia. Coweta circuit, 4th [Illegible Text], dist., 2d Brigade and 5th Div. 3. SEC. III. And be it further enacted, That the persons included within the new county of Clayton entitled to vote for Representatives of the General Assembly shall, on the second Monday in January next, proceed to elect five Justices of the Inferior Court, a Clerk Superior Court, a Clerk of the Inferior Court, a Sheriff, Coroner, a Receiver of Tax Returns, a Tax Collector, and an Ordinary. The election for said officers shall be held at Jenesboro in said new county, and at the several precincts now established by law within said new county, and shall be conducted in the manner as now prescribed by law, and the same being certified to, the Governor shall commission such persons as may be returned to him as elected at such elections, to hold their respective offices for and during the terms prescribed by law; and any one of the Justices of the Peace now acting under commissions within the limits of said new county, shall be authorized to qualify said Justices of the Inferior Court; and the said Justices of the Inferior Court, after they shall have been commissioned and sworn in, shall have full power to select a lot or lots in the town of Jonesboro, and contract for the same for the purpose of erecting public buildings for said new county; also to assess a tax not exceeding one hundred per cent on the State tax for county purposes, and to proceed at once to have said new county of Clayton laid out into militia districts, and advertise for the election of the requisite number of Justices of the Peace; and the Governor, on being duly certified of such elections, shall commission them according to law. Qualified voters. Election of county officers. Jus. Peace to qualify [Illegible Text] [Illegible Text] Court. [Illegible Text] C't. to select site for public buildings. Militia [Illegible Text]., and election of Jus Peace. 4. SEC. IV. And be it further enacted, That all Justices of the Peace and Bail ffs within the limits of said new county of Clayton, shall hold their commissions and exercise their usual official duties until their successors shall have been elected and qualified. Jus. [Illegible Text] and [Illegible Text] to hold office till [Illegible Text] are qualified. 5. Sec. V. And be it further enacted, That all mesne process, executions

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and other final process in the hands of the Sheriff, Coroner and Constables of the counties out of which the county of Clayton is formed, and which properly belong to said Clayton county, which may be levied or in part executed and such proceedings therein not finally disposed of at the time of the passage of this Act, shall be delivered over to the proper officers of said county of Clayton; and such proper officers of said county of Clayton are hereby authorized and required to proceed with the same, and in the same manner as if said process had been originally in their hands. Provided, that in all cases that publication be given according to law. Processes to be delivered to new [Illegible Text]. 6. Sec. VI. And be it further enacted, That all actions now pending in the counties from which said new county of Clayton is taken, shall be transferred with all papers relating thereto, and trial shall be had in the county where the defendant or defendants reside; provided, that in every case no causes shall proceed without the certificate of the Clerk of the Court from whence said causes came, that the papers in the cause are the original papers from the file of his office; and upon making such certificate said Clerk shall be entitled to have from plaintiff or plaintiffs, all cost which may have accrued in the cause; and the amounts of accrued costs shall be set forth in the Clerk's certificate; which shall make a part of the costs to abide the final result. Suits [Illegible Text] to new county. Proviso. Costs. 7. Sec. VII. And be it further enacted, That the Inferior Court, Clerks of the Superior and Inferior Courts shall, as soon as convenient after their qualifications, from the best information that they may be enabled to procure, make a selection of the Grand and Petit Jurors and proceed to the drawing of the same, making a record of such drawing upon the records of the Inferior Court, and the jurors so drawn shall be summoned as now required by law. Grand and Petit Jorors [Illegible Text] obt'd. 8. Sec. VIII. And be it further enacted, That the Superior Court for said county of Clayton shall be held on the first Monday in May and November, and the Inferior Court on the first Monday in February and July. [Illegible Text] and left Courts when held. 9. Sec. IX. Repeals conflicting laws. Assented to Nov. 30th, 1858. (No. 18.) An Act to lay out and organize a new county from the counties of Stewart and Randolph, and for other purposes. 10. SEC. I. Be it enacted, That from and after the first day of March next, a new county shall be laid out and organized from the counties of Randolph and Stewart, to be composed of the eighth (8) district of Randolph, together with that portion of the twenty-first (21) district of Stewart embraced within the following limits, commencing at the north-east corner of the said eighth (8) district and running west along its northern line to the point intersected by the

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Odchodkee Creek; thence north up the middle of said creek to the mouth of Bladen Creek; thence up the same to the northern line of lot of land number eighty-nine (89) in said twenty-first (21) district; thence due west along said line to the south-east corner of lot number two hundred and thirty-two (232); thence north to the north-east corner of the said lot; thence due west to the south-east corner of fraction number two hundred and fifty-nine, (259); thence north to the north-east corner of the same; thence along its northern boundary to the Chattahoochee river. New county from Randolph Stewart. Boundaries. Provided, That all the lands belonging to the plantation of Samuel Baldwin and G. A. Baldwin of Stewart county, remain in the county of Stewart, and also the lands belonging to the plantation of William R. McCrea of Stewart county. Proviso. 11. SEC. II. And be it further enacted, That the new county described in the preceding section of this Act, shall be known by the name of Quitman county, and shall be attached to the Pataula Judicial district, and to the second (2) congressional district, and second brigade and thirteenth (13) division Georgia militia. To be kn'wn as Quitman. Districts and division. 12. SEC. III. And be it further enacted, That the persons included within the said new county legally entitled to vote, shall on the first Monday in February next, elect five Justices of the Inferior Court, a Clerk of the Superior and Inferior Court each, a Sheriff and Coroner, a Tax Collector and Receiver of Tax Returns, a county Surveyor, Treasurer and an Ordinary for said county, and that the election of said county officers shall be held at the election precincts now included in said county, and superintended as now prescribed by law; and such persons as shall be elected shall be commissioned by the Governor as prescribed by law. Qualified voters to elect county officers. Election, when held. 13. SEC. IV. And be it further enacted, That the Justices of the Inferior Court, after they shall have been commissioned, shall advertise for the election of the requisite number of Justices of the Peace in such districts as they are hereby authorized to lay off in said new county, who shall likewise be commissioned by the Governor. Election of Jus. Peace. 14. SEC. V. And be it further enacted, That the Justices of the Inferior Court of said county, after they shall have been commissioned, shall have power and authority to select and locate a site for the public buildings in said county; and the Justices, or a majority of them, are hereby authorized to purchase a tract of land for the location of the county site; to lay off town lots and sell them at public outery for the benefit of said county, or to make such other arrangements and contracts concerning the county site and location and erection of public buildings, as they may deem proper. Inf. Court to select site for pub. buildgs. 15. SEC. VI. Be it further enacted, That all officers now in commission who shall be included in the limits of said county, shall hold their commissions and exercise the duties thereof until the several officers for the new county are elected and commissioned. C'ty officers pro tem. 16. SEC. VII. That all the cases now pending in either of the counties of Stewart and Randolph, and the papers connected therewith, between persons residing within the limits of said county of Quitman, shall be transferred to said county for trial; and everything

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done which shall be necessary for trial, and any defect that may happen shall be amended instanter. Suits transferred to new c'ty. 17. SEC. VIII. That the Superior Courts for the said new county shall be held on the third Mondays in May and November of each and every year, and the Inferior Courts on the second Mondays in February and August. Time of holding Cts. 18. SEC IX. Repeals conflicting laws. Assented to Dec. 10, 1858. (No. 19.) An Act to lay out and organize a new county from the counties of Habersham and Franklin, and for other purposes. 19. SEC. I. Be it enacted, That from and after the first day of February next, a new county shall be and the same is hereby laid out from the counties of Habersham and Franklin, to be included within the following limits to-wit, namely: New county from Habersham and Franklin. Beginning at the north-east corner of Jackson county where said corner touches Hall county; thence direct to Crows' Mill; thence direct to where the Athens and Clarksville road crosses the Hall and habersham line; thence with said road towards Clarksville to where Wofford's old trail leaves said road; thence with said old trail to where it crosses Joney's ford road, and thence direct to where the road leading up east of Middle River is intersected by the road leading up the ridge dividing Middle River and Leatherwood Creek; thence along said road to the Habersham and Franklin line; thence direct to Kesler's Bridge on Middle River; thence direct to the ten mile post on the Carnesville and Gainesville road; thence direct to the ten mile post on the Carnesville and Bushville road; thence direct to McEntire's bridge, including the same; thence along the Athens road to Stricklaud's old mill; thence along the Madison line to the corner of Jackson county; thence along the Jackson county line to the Hall line; thence with said line to the beginning. Boundaries. 20. Sec. II. And be it further enacted by the authority aforesaid, That the new county described in the first section of this Act, shall be called and known by the name of Banks, and shall be attached to the sixth Congressional district and to the Western Judicial Circuit. Named Banks. Cong, and Judicial dist. 21. Sec. III. And be it further enacted by the authority aforesaid, That the persons included in said new county entitled to vote for members of the General Assembly, shall, on the first Monday in March next, elect five Justices of the Inferior Court, a Clerk of the Superior and Clerk of the Inferior Court, Ordinary, Sheriff, Coroner, Tax Collector and Tax Receiver, and county Surveyor, for said county; and the said election shall be held at the several places where elections are now held within said new county; and the Governor, on the same being certified to him, shall commission the persons returned to him elected at said election, who shall hold their offices respectively for the terms prescribed by law, and until their successors shall be elected and qualified; and said Justices of the

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Inferior Court, after they shall have been commissioned, shall proceed, as soon as practicable, to lay off said county into militia districts, and advertise for the election of two Justices of the Peace in each district in which no Justices now in commission may reside; and in case one Justice in commission shall reside in any one of said districts, then one other shall be elected in said district; and the Governor, on being duly certified of the election of such Justices, shall commission them according to law; and all officers now in commission within the limits of said new county, shall hold their commissions and exercise the duties of their several offices within said county, for the terms respectively for which they were elected, and until their successors shall be commissioned and qualified. Qualifi'd voters to elect c'ty Officers. Elections, when held. Gov. to commiss'n. Infr Ct. to lay out [Illegible Text] [Illegible Text] and advertise [Illegible Text] All Officers now in commission to [Illegible Text] over till term of office expires. 22. Sec. IV. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of the county afore-said, after they shall have been commissioned and qualified, shall have full power and authority to select and locate a site for the public buildings in said county; and the said Justices, or a majority of them, are hereby authorized and invested with full power to purchase a tract of land for the location of the county site and public buildings, and to divide said tract of land into streets and lots, and to sell each lot to the highest and best bidder, at public sale, to be duly advertised for that purpose, for the benefit of said county, and to make all arrangements or contracts concerning the county site and public buildings which may be needful. Infr. Ct. to select site [Illegible Text] public buildings. 23. Sec. V. And be it further enacted by the authority aforesaid, That all mesne processes, executions and other final process in the hands of the Sheriffs, Coroners and Constables of the counties of which the new county may be formed, and which properly belong to said new county, and which may have been levied or in part executed, and such proceedings therein not finally disposed of at the time when the officers shall receive their commissions, shall be delivered over to the corresponding officers of said new county; and such officers are hereby authorized and required to proceed in the same manner as if such mesne process, executions and other final process had been originally in their hands. Provided, That in all cases publication of the times and places of sale, or other like proceedings in the new county, shall be made for the time now prescribed by law; and all papers appertaining to all or any suits or prosecutions pending in the other counties out of which said new county is formed, when the defendant resides in said new county, shall be transferred to the proper officers of said new county, and there tried and disposed of. Processes transferred. Proviso. Suits transferred. 24. Sec. VI. And be it further enacted by the authority aforesaid, That the election returns of said new county shall be consolidated at New Lebanon, which shall be the place of holding Courts and transacting the business of said county until a county site may be established by the Inferior Court of said county. Electi'n returns where consolidated Place protem of h'lding Cts. 25. Sec. VII. And be it further enacted by the authority aforesaid, That the Superior Court of said county shall be held on the fourth Monday in April and October, and the Inferior Court shall be held on the first Monday in February and August. Times of holding Cts.

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26. Sec. VIII. And be it further enacted by the authority aforesaid, That the Inferior Court, together with the Clerks of the Superior and Inferior Courts and Sheriff of said new county, shall, as soon as convenient after their election and qualification, from the best information they may be able to procure, make a selection of Grand and Petit Jurors, and proceed to the drawing thereof, to serve at the next Superior Court thereafter, as herein before providid. Grand and Petit Jurors, how obtained. 27. Sec. IX. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 20.) An Act to lay off and organize a new county out of the counties of Washington, Emanuel and Laurens, to be called Johnson county; to attach the same to the Middle Judicial District, to the First Congressional District, and to the second Brigade and first Division of Georgia Militia, and for other purposes. 28. SECTION 1. Be it enacted, That from and after the passage of this Act, a new county be and is hereby laid out, to be called Johnson county, out of the counties of Washington, Emanuel and Laurens. The lines and boundaries of said new county shall be as follows, to-wit: Beginning at Whitfield's ford on Little Ohoopie, and running thence along the line of Washington and Emanuel west to where the Lawhon road crosses said line; thence along said Lawhon road to where said road crosses Cedar creek; thence a straight line to the Watson ford on the Great Ohoopie; thence up the said Ohoopie to a point three miles below Massey's mill; thence westward a straight line to Wringjaw on the Oconee river; thence down said river to the Laurens and Washington line; thence eastward along said line to where the Sandersville and Dublin road crosses Fort's creek, a straight line to the Emanuel and Laurens line one mile south of Snell's bridge on the Great Ohoopie river; thence along the line of said county of Emanuel to a point one mile north of Montgomery county; thence a straight line to the cow ford on the Little Ohoopie; thence up the Louisville road to the Sunbury road; thence up the Sunbury road or Emanuel line to the beginning at Whitfield's ford on Little Ohoopie. New county [Illegible Text] Johnson, from Washington [Illegible Text] [Illegible Text] Laurens. [Illegible Text] 29. SEC. II. And be it further enacted by the authority aforesaid, That the county of Johnson shall be attached to the Middle Judicial District, the First Congressional District, and to the second brigade of the first division of Georgia militia. [Illegible Text] 30. SEC. III. And be it further enacted by the authority aforesaid, That John B. Wright, Thomas A. Parsons, Daniel Tison, James Hicks and James M. Tapley, be and they are hereby appointed commissioners of said county; and they or a majority of them shall have full power and authority to purchase a tract or parcel of land, at the expense of the county, for the location of the county site in said county, which county site shall be called and named

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Wrightsville, and to lay off the same into lots, or so much thereof as they may deem desirable, and sell the same at public outery for the benefit of said county. Provided, nevertheless, the Inferior Court of said county shall have power and be authorized to do and perform all and every duty hereby required of the commissioners, which may not have been performed previous to the time when said Court shall have been commissioned and qualified. [Illegible Text] Proviso. 31. SEC. IV. And be it further enacted by the authority aforesaid, That the persons included within the county of Johnson, who are entitled to vote for Representatives of the General Assembly shall, on the first Monday next February, proceed to elect five Justices of the Inferior Court, a Clerk of the Superior Court, a Clerk of the Inferior Court, a Sheriff, a Coroner, a Receiver of Tax Returns, a Tax Collector, a Surveyor and Ordinary. The election for said officers shall be held at the place of holding Justices Courts in the fifty-fifth, fifty-sixth and eighty-ninth districts, Georgia militia, in the manner now provided by law for holding elections in other counties, and one or more of the presiding magistrates or commissioners superintending said election in each of the above named districts, shall meet each other on the day following the said election, with returns from each of said districts, consolidate and make a return thereof duly certified to his Excellency the Governor, who shall commission the persons whose names shall be returned as elected at such election; and the officers so elected and commissioned shall hold their respective offices for and during the terms prescribed by law; and any one of the Justices of the Peace now acting under commission within the limits of the new county, shall be authorized to qualify said Justices of the Inferior Court; and the said Justices of the Inferior Court, after being commissioned and qualified, shall proceed to lay out and divide said county of Johnson into militia districts, and advertise for the election of the requisite number of Justices of the Peace, and the Governor being duly certified of said election, shall commission them according to law. Qualified voters to elect co, officers. Elections where held. Consolidat'n of returns. J. P. to quaify J. I. Ct. Inf. Court to lay out Mil. Dist's and J. P's elected. 32. SEC. V. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of Johnson county shall have full power to complete any unfinished business that the board of commissioners appointed by this Act shall have left unfinished, and carry out any contracts and do all acts from the time of their being commissioned that said commissioners could do, and contract for and have contracted for such public buildings as they may deem most advantageous to the public good. Inf. Court to complete unfinished business of c'rs And to contract for public buildings. 33. SEC. VI. And be it further enacted by the authority aforesaid, That the elections of the county generally, and the precinets for all elections, shall be established at the place of holding Justices Courts in the several districts in said county, to be held the first Monday in February next, and thereafter according to the laws of this State. Elect'n precinets established. 34. SEC. VII. And be it further enacted by the authority aforesaid, That the Justices of the Peace and bailiffs within the limits of Johnson county, shall hold their commissions and exercise their

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usual official duties until their successors shall have been elected and qualified. J. P's and bailiffs to hold com's till end of term. 35. SEC. VIII. And be it further enacted by the authority aforesaid, That all mesne process, executions and other final process in the hands of the Sheriffs, Coroners and constables of the counties out of which the county of Johnson is formed, for which property belonging to the county of Johnson may be liable, and which may be levied or in part executed, and such proceeding therein not finally disposed of at the time of the passage of this Act, shall be delivered over to the proper officers of said county of Johnson, and said proper officers of said county of Johnson are hereby authorized and required to proceed with the same and in the same manner as if process had been originally in their hands. Provided, in all cases where publication in a gazette, as now required by law, of any process or proceeding, is necessary, the publication shall be under the official signature of said officers of Johnson county, and for the length of time now required by law. Processes transferred. Proviso. 36. SEC. IX. And be it further enacted by the authority aforesaid, That actions now pending in any of the counties from which said county of Johnson is taken, shall be transferred, together with all papers relating thereto, and shall be had in the county where the defendant resides. Provided, that in every case no cases shall proceed without the certificate of the Clerk of the county whence said case came, that the papers in the cause on the original papers from the file of his office, and upon making such certificate, such Clerk shall be entitled to have from the party plaintiff, all cost which may have accrued in the cause, and the amount of said accrued cost shall be set forth in the Clerk's original certificate, and shall form a part of the cost to abide the final trial. Suits transferred to new counties. Proviso. For payment of costs. 37. SEC. X. And be it further enacted by the authority aforesaid, That the Inferior Court together with the Clerks of the Superior and Inferior Courts shall, as soon as convenient after their qualification, from the best information they may be enabled to procure, make a selection of the grand and petit jurors, and proceed to the drawing thereof, making a record of such drawing upon the records of the Inferior Court, and the jurors so drawn shall be summoned as now required by law. Grand and petit jurors how [Illegible Text]. 38. SEC. XI. And be it further enacted by the authority aforesaid, That the Superior Court shall be held in the county of Johnson on the second Monday in June and December, and the Inferior Court on the second Monday in April and October. Times of hold'g C'ts. 39. SEC. XII. And be it further enacted by the authority aforesaid, That the Inferior Court of the said county of Johnson shall have power to levy and collect an extra tax for county purposes, of such per cent. on the general tax as the Court may deem necessary and proper. Provided, such extra tax shall not exceed one hundred per cent. on the general tax in one year, and shall not be continued after the public building shall have been completed. Inf. Ct to levy extra tax. 40. SEC. XIII. And be it further enacted by the authority aforesaid, That all executors, administrators, guardians and trustees,

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who now make their returns to the Ordinaries of the counties out of which the county of Johnson is formed, and who reside in said county of Johnson, shall make their returns to the Ordinary of Johnson county, and be amenable to him. Ex'tors and adm'tors to make ret'rns to Ordinary of Johnson. Assented to December 11, 1858. (No. 21.) An act to lay out and organize a new county from the counties of Lowndes and Thomas, and for other purposes therein specified. 41. SEC. I. Be it enacted, That from and immediately after the passage of this act, a new county shall be and the same is hereby laid out from the counties of Lowndes and Thomas, to be included within the following limits, to-wit: Beginning at the Florida line where the Withloocoochee river enters said State, and running up said river, to the junction of the said Withloocoochee with Little river to the line between lots of land Numbers fifty-nine and sixty, in the twelfth land district of Lowndes county; thence running to the south-west corner of lot of land Number thirty-five in the twelfth land district of said county of Lowndes, and thence running due north to the county line between Lowndes and Berrien. Thence running the line between said counties of Lowndes and Berrien to the line of Colquitt county. Thence running the line between Lowndes and Colquitt and Thomas and Colquitt to the line dividing lots of land Numbers three hundred and ninety-two and four hundred and thirty-seven in Thomas. Thence due south to the Ocilla river, and thence running down the Ocilla river to the Florida line, and thence running the line between Lowndes and the State of Florida to the entrance of Withloocoochee river into said State of Florida (the starting point.) New county [Illegible Text] Lowndes and Thomas Boundaries. 42. SEC. II. And be it further enacted, by the authority aforesaid, That the new county described in the first section of this act shall be called and known by the name of Brooks, and shall be attached to the first congressional district, and to the Southern Judicial Circuit, and to the 6th Division and Second Brigade of Georgia Militia. Named Brooks. Cong'l, Judicial and Mil. divs'u. 43. SEC. III. And be it further enacted by the authority aforesaid, That the persons included in said new county entitled to vote for the same, shall, on the first Monday in January next, elect five Justices of the Inferior Court, an Ordinary, a Clerk of the Superior Court, Clerk of the Inferior Court, a Sheriff, a Coroner, Tax Collector and Receiver of Tax Returns, a County Surveyor and a County Treasurer for said county. And that said election for officers shall be held at the several places where Justices Courts are now held, within the limits of said new county; and the Governor, on the same being certified to him, shall commission the persons returned as elected at such election, who shall hold their offices respectively for the terms prescribed by law, and until their successors shall be

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elected and qualified; and said Justices of the Inferior Court, after they shall have been commissioned, shall proceed as soon as possible to lay off said county into Militia Districts, and to advertise for the election of two Justices of the Peace in each district in which no Justice now in commission may reside; and in case one Justice in commission shall reside in any one of said districts, then one other shall be elected for said district; and the Governor, on being duly certified of the election of such Justices shall commission them according to law; and all officers now in commission within the limits of said new county shall hold their commissions and exercise the duties of their several offices within said new county for the terms respectively for which they were elected, and until their successors shall be commissioned and qualified. Qualf'd voters to elect county officers. Inf. [Illegible Text] lay off militia dist's. Election of Jus. Peace. All officers now coms'd to hold over till term expires. 44. Sec. IV. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of said county, after they shall have been commissioned and qualified, shall have full power and authority, and shall, by the 1st February, 1859, select and locate a site for the public buildings of said new county, to be called Quitman; and the said Justices or a majority of them are hereby authorized and invested with full power to purchase a tract of land for the location of the county site, to divide the same into lots and sell each lot at public sale to the highest bidder for the benefit of said county, or to make such other arrangements or contracts concerning the county site or the location of the public buildings, as they may think proper. Provided, however, that the said Justices of the Inferior Court shall locate the county site and the public buildings within four miles of the centre of said new county. In'f. [Illegible Text] to select county site. To be called Quitman. To contract for public buildings. 45 Sec. V. And be it further enacted by the authority aforesaid That so soon as the Justices of the Inferior Court for said county shall have laid off said militia districts, the places of holding Justices Courts in said districts respectively be and each of them is hereby established an election precinct. Each militia [Illegible Text] and [Illegible Text] ground to be an election precinct. 46. Sec. VI. And be it further enacted by the authority aforesaid, That the papers appertaining to all suits pending in either of said counties, out of which this new county is formed, when the defendants reside in such new county, shall be transferred to the proper officers of said new county, and there tried and disposed of; and that all mesue process, executions and other final process in the hands of the Sheriffs, Coroners and Constables of the counties of which the new county is formed, and which properly belongs to said new county, and may have been levied and in part executed, and such proceedings therein not finally disposed of at the organization of said new county, shall be delivered over to the corresponding officers of said new county; and such officers are hereby authorized and required to proceed with the same, and in the manner as if such process had been originally in their hands; provided that costs then due shall be paid before the case shall be removed, and provided that in all cases publication of the time and place of sale and proceedings of the like character in the new county, shall be made for the time now prescribed by law, and all such process which properly belongs to the counties out of which such new

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county is formed, which may be in the hands of the officers of said new county, shall in like manner be delivered over to the officers of said counties, to be executed by them in the manner herein prescribed. Suits and processes to be transferred to new [Illegible Text] Proviso as to costs. 47. Sec. VII. And be it further enacted by the authority aforesaid, That the Superior Court of said new county shall be held on the third Mondays in May and November, and the Inferior Court on the third Mondays in August and February; and the Court of Ordinary shall be held at the times as prescribed by law for the different counties of this State. Times of holding Cts. 48. Sec. VIII. And be it further enacted by the authority aforesaid, That all public business of said new county shall be transacted at Thomas Folsoms, in said new county, until the public site shall be located by the Inferior Coart as aforesaid; and said place shall be one of the election precincts for said new county so long as the public business of the new county is transacted there. Place of doing public businees pro tem. 49. Sec. IX. And be it further enacted, That the funds of Lowndes county now in the hands of the Treasurer shall, after the debts of said county are fully paid off and discharged, be equally divided between the said county of Lowndes and the said new county of Brooks hereby laid out; and said Treasurer is hereby authorized and required to pay over the same to the Treasurer of Brooks county; and the said new county shall also be entitled to receive its equal share of the net funds raised by county taxation in the present county of Lowndes for the present year, which are now or may hereafter come into the hands of the Tax Collector. Fund in treasury of Lowndes to be divided. New county to receive proportn'ate share of tx's for y'r. 1858, 50. Sec. X. And be it further enacted, That the funds in the hands of the Ordinary of Lowndes county for poor school purposes, at the time of the passing of this act, shall be equitably divided between the said county of Lowndes and the county of Brooks, upon the following basis. That is to say, the Ordinary of Lowndes county shall make out and furnish to the Ordinary of Brooks, a statement of the fund in his hands at the time as aforesaid, and also the number of poor children in the county of Lowndes, including that part of the territory of said county cut off into the county of Brooks, and shall pay over to the Ordinary of Brooks county a pro rata share according to the number of children in that part of the territory of the same which is taken from said county of Lowndes. Funds in Ordina'r hands to be equitably divided. Assented to Dec. 11th, 1858. (No. 22.) An Act to lay out and organize a new county from the counties of Lowndes and Clinch. 51. Sec. I. Be it enacted, That there shall be a new county formed from the counties of Lowndes and Clinch, with the following boundaries, to-wit: New county from Lowndes Clinch.

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Commencing at the Florida line, due south of the mouth of the Sawannoochee creek, thence said creek to Jack's Ford, then a direct line to Griffin's mills, on Cow creek, thence said creek to the Alapaha river, then a direct line to Carter's Ford on Grand Bay; said Bay to its junction [Illegible Text] Mud Swamp, thence a south line to Florida, then said Florida line east to the commencing point, to be called Echols county. Boundaries. Named Echols. 52. Sec. II. And be it further enacted by the authority of the same, That the county of Echols be attached to the Brunswick Judicial district, the first congressional district, and the second brigade of the sixth division Georgia Militia. Judicial and Cong'l dists. Militia division, 53. Sec. III. And be it further enacted by the authority of the same, That Harris Tomlinson, Guilford Register, William B. Cruise, are hereby appointed Commissioners of said new county; and they or a majority of them, shall have full power and authority to purchase a tract or parcel of land at the expense of the said new county, for the location of the county site in said county, and to lay off the same into lots, or as much thereof as they may deem desirable, and sell the same at public sale for the benefit of said new county. Comms'rs to purchase county site. Provided, nevertheless, The Inferior Court of said county shall have power and be authorized to do and perform all and every duty hereby required of the Commissioners which may not have been performed previous to the time said Court are commissioned and qualified. Proviso. 54. Sec. IV. And be it further enacted by the authority of the same, That the persons included within the new county of Echols, entitled to vote for Representatives of the General Assembly, shall on the first Monday in April next, meet at Troublesome and the several precincts now established within said new county, and proceed to elect five justices of the Inferior Court, and a Clerk of the Superior and Inferior Courts, a Sheriff, Coroner, Receiver of Tax Returns, a Tax Collector, a Surveyor, and Ordinary, and the election shall be conducted in the manner as now prescribed by law; and the same being certified to, the Governor shall commission such persons as may be returned to him as elected at such election, to hold their respective offices for and during the time prescribed by law; and any one of the Justices of the Peace, now acting in the limits of said new county, shall be authorized to qualify said Justices of the Inferior Court; and the said Justices, after they have been commissioned, shall proceed to lay out and divide said county of Echols into militia districts, and advertise for the election of the requisite number of Justices of the Peace, and the Governor, on being duly certified of such election, shall commission them according to law. Qualifi'd voters to elect c'ty officers. Infr. Crt. to lay out militia [Illegible Text] Election of J. Ps. 55. Sec. V. And be it further enacted by the authority of the same, That the Justices of the Inferior Court of Echols county shall have full power to complete any unfinished business that the board of Commissioners appointed by this Act may have left, and carry out any contracts and do all acts from the time of their being commissioned, that said Commissioners could do; and to contract for

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and have constructed public buildings, as they may deem most advantageous to the public good. Infr. Crt. to complete unfinished business of Comm'rs. To contract for public buildings. 56. Sec. VI. And be it further enacted by the authority aforesaid, That the elections of the county generally, and the precincts for all elections shall be established at the place of holding Justices Courts in the several districts in said county. Justice Ct. Grounds to be election precincts. 57. Sec. VII. And be it further enacted by the authority aforesaid, That all Justices of the Peace and Bailiffs within the limits of Echols county, shall hold their commissions and exercise their usual official duties until their successors shall have been elected and qualified. J. Ps. and Bailiffs pro tem. 58. Sec. VIII. And be it further enacted by the authority aforesaid, That all mesne process, executions, and other final process in the hands of the Sheriff, Coroner, and Constables of the counties out of which the county of Echols was formed, and which properly belong to said Echols county, which way be levied or in part executed, and such proceeding not finally disposed of at the time of the passage of this Act, shall be delivered unto the proper officers of said Echols county; and such proper officers of said county are hereby authorized and required to proceed with the same and in the same manner as if said process had been originally in their hands. Provided, That in all cases where publication in a gazette as now required by law, of any process or proceedings, the publication shall be under the official signature of the proper officers of the said new county, and for the length of time now prescribed by law. Processes to be transferred. Proviso. 59. Sec. IX. And be it further enacted by the authority aforesaid, That actions now pending in any of the counties from which said county is taken, shall be transferred with all papers relative thereto, and trial shall be had in the county in which the defendant resides, provided that in every case no cause shall proceed without the certificate of the Clerk of the Court from whence said causes came, that the papers in the cause are the original papers from file of his office; and upon making such certificate said Clerk shall be entitled to have from the plaintiffs all costs which may have accrued in the case, and the amount of said accrued cost shall be set forth in Clerk's original certificate, which shall make a part of the cost to abide the final result. Suits to be transferred. Proviso as to costs. 60. Sec. X. And be it further enacted by the authority aforesaid, That the Inferior Court, Clerk of the Superior and Inferior Courts shall, as soon as convenient, after their qualification, from the best information that they may be able to procure, make a selection of the Grand and Petit Jurors, and proceed to the drawing thereof, making a record of such drawing on the Records of the Inferior Court, and the persons so drawn shall be summoned as now required by law. Grand and [Illegible Text] Jurorshow obtained. 61. Sec. XI. And be it further enacted by the authority aforesaid, That the Superior Court shall be held on the following Monday after the fourth Monday in March and September of each year; and

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the Inferior Court'on Mondays after the Inferior Courts in the county of Clinch. Times of holding Cts] 62. Sec. XII. Repeals conflicting laws. Assented to Dec. 13, 1858. (No. 23.) An Act to change the county line between Henry and DeKalb counties. 63. Sec. I. Be it enacted, c., That the county line between Henry and DeKalb counties be changed so as lots of land numbers two hundred and fifty-two and three, now in the twelfth district of Henry county, be included in the county of DeKalb, they being the residence of Samuel C. Masters. Line betw'n Henry and DeKalb changed. 64. Sec. II. Repeals conflicting laws. Assented to Dec. 10, 1858. (No. 24.) An Act to define the line between the counties of Montgomery and Tattnall, and Tattnall and Emanuel. 65. Sec. I. Be it enacted, c., That the county Surveyors of the counties of Montgomery and Tattnall shall, within six months after the passage of this Act, run out and plainly mark by blazes and stakes, the line between said counties in the manner following, towit: beginning at the junction of the Oconee and Ocmulgee rivers, and running north 30 degrees to Milligan's creek, deviating from said line (if necessary) so as to include the residence of James Hall in Montgomery county, and no more; thence a direct line to the place where James McLeod formerly lived, so as to include said place in the county of Montgomery; thence the original line to Pendleton's creek. County Surveyors of M'ntgomery and Tattnall to resurvey dividi'g line. So as to include J. Hall and J. McLeod in Montgomery. 66. Sec. II. And be it further enacted, That the county Surveyors of the counties of Tattnall and Emanuel shall, within six months from the passage of this Act, in like manner run out and mark the county line between the counties of Tattnall and Emanuel. C'ty Surv'rs of Tattnall and Emanuel to resurvey dividing line. 67. Sec. III. And be it further enacted, That the Inferior Courts of the respective counties shall allow to each surveyor such compensations as in their judgment may seem reasonable and just. Inf. Ct. to compensate them. 68. Sec. IV. Repeals conflicting laws. Assented to Dec. 11, 1858.

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(No. 25.) An Act to change the line between the [Illegible Text] of Elbert and Hart, so as to include one hundred and seven acres of land and the residence thereon of Allen S. Turner, now in the county of Elbert, and add the same to the county of Hart. 69. Sec. 1. Be it enacted, c., That the line between the counties of Elbert and Hart be so changed as hereafter to run round and include one hundred and seven acres of land and the residence thereon of Allen S. Turner, now of the county of Elbert, and add the same to the county of Hart, commencing at the Savannah river on the line dividing the counties of Elbert and Hart, thence along said line two miles and nine tenths, to a red oak tree, thence south 56[frac34], west 20, 30 chains to a red oak tree, thence north 52, west 10, 30 chains to the said county line. Line changed betweens Elbert and Hart. 70. Sec. II. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 26.) An Act to change and alter the lines between the counties of Fayette and Clayton, so as to include in the county of Clayton the residences of Manson Glass, Elijah Glass, Elisha Holt, and Patrick H. Allen. 71. SECTION 1. Be it enacted, That from and after the passage of this act, the line between Fayette and Clayton counties, be so changed and altered so as to include in the county of Clayton the whole of lot of land number (109) one hundred and nine, and seventy seven (77,) including the residence of Elijah Glass, lots of land number fifty-two (52) and number seventy-six (76) including the residence of Manson Glass, lot of land number eighty-five (85) and number seventy-six (76) including the residence of Elisha Holt. All the above lands being in the 5th district of originally Henry now Fayette county, also lot number two hundred and fifteen (215) and lot number two hundred and sixteen (216) in the original 13th district of Henry now Fayette county, including the residence of P. H. Allen. Lines changed between Fayatte and Clayton. 72. SEC. II. Repeals conflicting laws. Assented to December 11, 1858. (No. 27.) An Act to alter and amend the 2d, 3d, and 4th sections of an act, completely establishingthe line between the counties of McIntosh and Liberty, from the Altamaha river, to the mouth of the Big Morter Swamp, from there to the north end of Black Beard Island, to be established by commissioners therein named who shall be governed by the law now existing, passed A. D. 1793. Assented to December 22d, 1857 * * See Acts of 1857, page 230.

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Whereas, The laws of the last session were so detained from said counties and other unavoidable causes have prevented said commissioners from discharging their duties in said act therefore. 73. SECTION I. Be it enacted c., That from and after the passage of this act, the following shall be in lieu of the 2d, 3d, and 4th sections of the above recited act, to wit the county line of said counties from the mouth of the Big Morter Swamp down, is hereby located and established in the following manner, viz: from the Big Morter Swamp at its junction with the Bull Town Swamp down the channel of said Bull Town Swamp, to the head of tide water in South Newport river, thence down said river to its mouth, and from thence to the north end of Black Beard Island. 2d, 3d, and 4th sections of said act a mended and altered. 74. SEC. II. Repeals conflicting laws. Assented to December 11, 1858 (No. 28.) An Act to change the line between the counties of Wayne and Glynn, so as to include the residence of James Stafford in the county of Wayne; also to change the line between the counties of Miller and Early. 75. SECTION I. Be it enacted, c., That from and after the passage of this Act, the line between the counties of Wayne and Glynn be so changed as to leave the St. Mary's road at the 10 mile post, thence the Bethel road to the southern line of James Stafford's land thence the line of his land to the most western corner, thence a direct line to the 11 mile post on the St. Mary's road. Line chang'd between Wayne and Glynn. 76. SEC. II. And be it further enacted, That the line dividing the counties of Miller and Early shall be as follows, to-wit: Beginning at north-east corner of lot of land No. 238, originally Baker now Miller, in the 12th district of said county, thence running due west on the old original district line, dividing the 6th district of Early county and 13th district of Miller county, to or opposite the beginning. Line chang'd between Miller and Early 77. SEC. III. Repeals conflicting laws. Assented to December 11, 1858. (No. 29.) An Act to change the line between the counties of Ware and Pierce 78. SECTION 1. Be it enacted, c., That from and after the passage of this Act, the line between the counties of Ware and Pierce shall be changed and run as follows, to-wit: Commencing where

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the county lines cross the Satilla riverthe river to be the lineto where the line between lots Nos. 30 and 31 in the 8th district of Ware crosses the Satilla river, then the land line to the 5th district line, then the land line between lots No. 161 and 162 in the 5th district to the Appling county line, then across the county line to the north-west corner of lot No. 147 in the 5th district of Appling county, then the line between lots of land No. 147 and 146 east to the Big creek at or near Lightsex's ford. Line ch'd between Ware and Pierce. 79. SEC. II. Repeals conflicting laws. Assented to December 11, 1858. (No. 30.) An Act to change the lines between the counties of Dougherty and Worth. 80. SECTION 1. Be it enacted, c., That from and after the passage of this Act, lot of land number five hundred and seven in the seventh (7th) district of Worth county, and so much of the fifteenth district of said county as lies south of Deep creek and west of a line commencing at the south corner of lot number one hundred and seventy in said district and extending due north until it reaches said Deep creek, be and the same is hereby added to the county of Dougherty. Line ch'd between Worth and Dougherty. 81. SEC. II. Repeals conflicting laws. Assented to December 11, 1858. (31.) An Act to change the line between the county of Irwin and Worth. 82. SEC. 1. And be it enacted, c., That from and after the passage this Act, the county line of Worth shall be so changed as to add No. two hundred and eleven (211) in the 6th district of said county, the residence of Jesse J. Luke, to the county of Irwin. Line chan'd between Worth and Irwin. 83. SEC. II. Repeals conflicting laws. Assented to December 11, 1858. (No. 32.) An Act to change and establish the line between the counties of Jefferson and Emanuel. 84. SECTION 1. Be it enacted, c., That from and after the passage of this Act, the line between the counties of Jefferson and Emanuel shall be Rocky creek, from its junction with Williamson's swamp to the Sunbury road, keeping the middle or main prong of said Rocky creek, and not Sand Hill creek. Line ch'ged between Jefferson and Emanuel 85. SEC. II. Repeals conflicting laws. Assented to December 11, 1858.

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(No. 33.) An act to change the line between the counties of Gilmer and Pickens, so as to include lots of land numbers 114, 139, 140, 185, 211, and 212, in the 12 th district of the second section of originally Cherokee now Gilmer, so as to include the residence of David McArther, * * NOTE.The name of E. McArther is not included in the caption of this act. D. S. McCravey, and Leroy McCravey, and to add the same to the county of Pickens, and for other purposes. 86. Section I. Be it enacted c., That the line between the counties of Gilmer and Pickens be so changed, as hereafter to run round and include lots of land numbers 114, 139, 140, 185, 211 and 212, in the 12th district of the second section of originally Cherokee now Gilmer so as to include the residence of David McArther, E. McArther, * * See General Appropriation Act, Sections 30 and 36. And for previous legislation in regard to this institution, see Cobb N. D. p. 219; Acts of 1851 and 1852, p. 80; Acts of 1853 and 1854, p. 30; Acts of 1855 and 1856, p. 139, and Acts of 1857, p. 55. D. S. McCravey and Leroy McCravey, now of the county of Gilmer, and add the same to the county of Pickens. Line chng'd between Gilmer Pickens. 87. See. II. And be it further enacted, That the tract of land known as Oak Joy, in Camden county, be added to the county of Glynn, and that the lines of said tract of land, be the line between Camden and Glynn counties. Line chng'd between Camden and Glynn. 88. Sec. III. Repeals conflicting laws. Assented to, Dec. 13, 1858. (No. 34.) An act to authorize the Justices of the Inferior Courts of the counties of Wayne, Appling and Pierce, to appoint for their respective counties, a competent surveyor to mark and define the lines between said counties. 89. Section. I. Be it enacted c., That from and after the passage of this act, the Justices of the Inferior Courts of the counties of Wayne, Appling and Pierce, be and they are hereby authorized and required to appoint for their respective counties a competent surveyor to mark and define the lines between said counties. Inf. C'ts of Wayne and Appling and Pierce to have divid'g lines mark'd and defined. 90. Sec. II. And be it further enacted by the authority aforesaid, That the surveyors appointed by the counties of Appling and Wayne, be authorized to employ fit and proper persons as chain carriers and choppers, and proceed to mark and define the line between said counties, commencing said line, where the line of Appling crosses the little Satilla river, and run the line of Appling to the east line of the 4th district of said county, thence the east line of said district to the east line of the 3d district of said county, thence said line to the Altamaha river, near the mouth of Goose creek. Surveyors of Appling and Wayne to employ ch'n carriers and choppers. Directions as to how line shall be run.

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91. Sec. III. And be it further enacted by the authority aforesaid, That the surveyors appointed by the counties of Wayne and Pierce, be authorized to employ fit and proper persons as chain carriers and choppers, and proceed to run out and mark the line between the counties of Wayne and Pierce, commencing opposite to the mouth of a branch running into the big Satilla river, opposite the Indian bluff, and run said line in accordance with the requirements of an act approved January fourth, eighteen hundred and fifty-four, defining the line between Wayne and then Ware. Surveyors of Wayne and Pierce to employ chain carriers and wood choppers. Directions as o hotw line shall be run. 92. Sec. IV. And be it further enacted by the authority aforesaid, That the expense of running and marking the line between the counties of Wayne and Appling, be equally divided and paid by said counties, and that the expense of running that portion between Wayne and Pierce, be equally divided and paid by said counties of Wayne and Pierce. Expense to be equally divided between Wayne and Appling. Expense to be equally divided between Wayne and Pierce. 93. Sec. V. Repeals conflicting laws. Assented to, December 13, 1858. (No. 35.) An act to change the lines between the counties of Macon and Sumter, so as to add M. R. Smith of the county of Sumler to the county of Macon; also, to change the lines between Habersham and White, and Schley and Marion counties. 94. Section I. Be it enacted c., That the lines between the counties of Macon and Sumter, be so changed as to add lot of land No. 209, in the 29th district of Sumter county, to the county of Macon, the same being the lot on which R. Smith now resides. All laws to the contrary, notwithstanding. Line chag'd between Macon and Sumter 95. Sec. II. And be it further enacted. That the lines between the counties of Schley and Marion, be so changed as to embrace lot of land No. 383, in the 3d district of originally Muscogee, now Schley county, in the county of Marion. Line chan'gd between Schley and Marion. 96. Sec. III. Be it further enacted, That the line between the counties of Habersham and White, shall be so changed as to run as follows: Commencing on the top of the Tray Mountain at the line between the counties of White and Towns, running a direct course to the north-west corner of lot of land number sixty, in the sixth district, thence south to the district line, thence east on the district line to the north east corner of lot of land number fourteen in the third district, thence south on the line between lots of land number fourteen and fifteen in the third district, until it comes to the Mauldain Mill creek, thence down said creek to the Chattahoochee river. Line chang'd between Habersham and White. Assented to, December 13, 1858.

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No. 36. An act to change the line between Henry and Clayton counties. 97. Section I. Be it enacted, c., That the line between Henry county and Clayton, be so changed as to include lots of land number 248 and 232, in the twelfth, it being the residence of Thomas Gardner, to the county of Henry. Line chang'd between Henry and Clayton. 98. Sec. II. Repeals conflicting laws. Assented to, December 13, 1858. (No. 37.) An Act to change the lines between the Counties of Coffee and Irwin and the Counties of Wilcox and Pulaski. 99. Section I. Be it enacted c., That from and after the passage of this act, the lines between the counties of Coffee and Irwin, shall be as follows: To commence at the north-west corner of lot of land number twenty-nine, in the fourth district of originally Irwin, running south direct on the line of the column of which said number twenty-nine belongs, to the Coffee road; thence the Coffee road as it now stands, to the Berrien line. Line chan'gd between Coffee and Irwin. 100. Sec. II. And be it further enacted, That Duncan B. Graham, John Hill and Timothy Tussell of the county of Coffee, and George J. M. Harper, John B. Mobley and George E. McCook of the county of Irwin, be, and they are hereby selected and appointed commissioners to run out and mark in a clear manner by blazes and stakes, the line between the said counties of Coffee and Irwin, in accordance with the first section of this act, and that a majority of said commissioners be authorized to act. Commiss'rs appointed to run the new line. 101. Sec. III. And be it further enacted, That the lines between Wilcox and Pulaski counties, connecting at the north-east corner of lot number twenty-five (25) in the eighth district, and running due west on said land line until it strikes the district line between the eighth and fifth district of originally Dooly, then South on said district line until it strikes the south-east corner of lot number eighty (80,) in the fifth district of originally Dooly; thence due west on said land line, until it strikes the sixth (6) district of Dooly county, so as to include lots numbers thirty-seven (37) in the eighth (8) district and number eighty-six (86,) in the fifth district, said numbers to be added to the county of Pulaski. Line chan'gd between Wilcox and Pulaski. 102. Sec. IV. Repeals conflicting laws. Assented to, December 13, 1858.

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TITLE IX. DEAF AND DUMB. Sec. 1. Name changed. Sec. 2. Trustees appointed, and Governor's powers. Sec. 3. Principal, how elected. Sec. 4. His powers and duties. Sec. 5. Further powers of Principal. Sec. 6. Secretary and Treasurer elected, and his duties. Sec. 7. Duty of Trustees. Sec. 8. Repealing clause. (No. 38.) An Act to amend the several laws in relation to the Georgia Asylum for the Deaf and Dumb; to change the name of the same; to define the duties of the Principal; to appoint Trustees for the same, and for other purposes therein named. * 1. SECTION I. The General Assembly do enact, That the name of the Board of Commissioners for the Georgia Asylum for the Deaf and Dumb be and the same is hereby changed to that of The Institution for the Education of the Deaf and Dumb. Name of Board chg'd. 2. SEC. II. Be it further enacted, That from and after the passage of this Act, the following named persons, to-wit: George W. Thomas, W. R. Webster, A. J. King, J. W. Glenn, J. H. Gill, James Lake, T. J. Burney, R. L. McWhorter and W. T. Wofford, and their successors in office, shall constitute a Board of Trustees for the Institution for the education of the Deaf and Dumbthe said board subject to the rejection or ratification of the Governorthe Governor to have the power of removal at any time, and to fill all vacancies; having the same powers as the Board of Commissioners for the Georgia Asylum for the Deaf and Dumb, except as hereinafter specified. Board of Trustees appointed. Governor's powers. 3. SEC. III. Be it further enacted, That the Principal shall be elected by said Board of Trustees, and shall be the immediate executive head of the Institution, responsible to said board, and his acts liable to their veto. How Principal shall be elected, and to whom responsible. 4. SEC. IV. Be it further enacted, That the Principal shall nominate all his subordinate officers and employees, subject to the approval of the board and shall make all regulations of internal police, and shall authorize all purchases of ordinary supplies, and shall examine and certify to the correctness of bills of such supplies to be paid by the Treasurer. Powers of Principal 5. SEC. V. Be it further enacted, That the Principal shall be the sole official medium of communication between the board and the subordinate officers and employees of the Institution, and shall

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have the exclusive direction and control of the system of religious and intellectual instruction. Further powers of Principal. 6. SEC. VI. Be it further enacted, That said board shall elect a Secretary and Treasurer, who shall give good and sufficient bond, payable to the President of said board, for the faithful performance of his duty. He shall keep a full and accurate account of all moneys received and paid out, and make an annual report to the Board of Trustees. Sec'ty and Treas, to be elected. 7. SEC. VII. The said board shall make an annual report to the Governor of all their actings and doings, and a full account of the condition of said Institution; which said report shall be submitted to the Legislature. Board of Trustees to report annually to Gov. 8. SEC. VIII. Repeals conflicting laws. Assented to December 14, 1858. TITLE X. DOWER. Section 1. Proviso added to 1st Section of Act of February 21, 1850. (No. 39.) An Act to amend an Act entitled an Act to amend the several Acts in relation to the assignment of Dower, Assented to February 21, A. D. 1850. SECTION 1. The General Assembly do enact, That the following proviso be added to the first section of said Act, to-wit: Provided, said applieant is not the representative of said estate. * * See Cobb N. D. p. 231. Proviso to 1st section of said act. Assented to December 13, 1858. Notes of Decisions of Supreme Court. 1. A proper mode for the widow to signify her election to take a child's part, in lieu of dower, is to file a written declaration to that effect in the Court of Ordinary, where administration has been granted upon the estate. 21 Ga. p. 161. 2. Dower is a favorite of the law, and neither the husband nor the Courts, can compel the wife to relinquish her right, inchoate though it may be, unless she is asking the aid of a Court. Ibid.

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TITLE XI. EDUCATION. * * As this Act looks towards a common school educational system in the State, the Compiler has thought best to place it under its present head instead of under the head of Academies and Free Schools. For previous legislation under this latter head, see Cobb N. D. p 1 to 7; Acts of 1851 and 2, p. 1 to 4; Acts of 1853 and 4, p. 7 and 8; Acts of 1855 and 6, p. 11, and Acts of 1857, p. 9 to 12. Sec. 1. $100,000 net earnings W. A. R. Road annually appropriated. 2. Added to present fund, and how to be disposed of. 3. Duty of Tax Receiver and Grand Jury. 4. Said fund to be further augmented. 5. Duty of Inferior Courts, Ordinary to be Treasurer. 6. Children taught out of the county where they reside. Sec. 7. Duty of Governor to distribute fund. 8. Duty of Teachers to inform Ordinaries. 9. Provides for extinguishment of Public Debt. 10. Bonds to Secretary of State. 11. Governor to deposit in Savannah and Augusta Banks. 12. Act to take effect immediately, and repealing clause. (No. 40.) An Act to provide for the education of the children of this State between certain ages, and to provide an annual sinking fund for the extinguishment of the public debt. 1. Section I. The General Assembly of Georgia do enact, That one hundred thousand dollars of the net earnings of the Western and Atlantic Railroad shall be annually appropriated to the purposes of education, as hereinafter specified. $100,000 of the net earnings W. and A. R. R. set apart. 2. Sec. II. The fund set apart in the first section of this Act shall be added to the present School Fund [1.] [1] For what present fund is, see Acts of 1851 and 2, p 1. of this State, to be divided out among the several counties thereof according to the return of all white children thereof between the ages [2.] [2] The poor school fund by act of 1857 was allowed to children between the ages of 6 and 18 years. of eight (8) and eighteen (18), and that each county hereby have the power to use, enjoy and dispose of the fund they respectively receive for educational purposes, in such manner as they may see fit and proper; the plan for each county to be devised by the Grand Jury thereof with the Ordinary; and if the Grand Jury and Ordinary fail or refuse to devise a plan, then said fund to be used and employed under existing laws. [3.] [3] For existing laws, see Acts of 1857, p. 9 and 10. Provided, that in all cases the said fund shall be used for instruction of children in the elementary branches of education; and provided further, that that portion of said fund to be distributed to Chatham county shall be expended by the Justices of the Inferior Court through the School Commissioners of said county. To be added to present school fund. Children between 8 and 18. Fund to be disposed of as Gr. Jury and Ord'y of each county may see fit, and on fail'e to do so, then under existing laws. Exception as to Chatham county.

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3. Sec. III. Be it further enacted, That the Receiver of Tax returns of each county shall require of each tax payer, when giving in his taxable property, to return, under oath, the number of his children between the ages of eight and eighteen years, and it shall be the duty of the Grand Jury of each county, at the next term of the Court after the Tax Receiver has completed his digest, to examine the same, and if any of said children are left out of the returns, then the said Grand Jury shall make every effort in their power to ascertain the names of those omitted and have them added to the rest. Rec'r of tax returns to require the number of children and G. Jury to revise the same. 4. Sec. IV. Be it further enacted, That in order to augment said educational fund, whatever fund may be in the Treasury not otherwise appropriated at the time of such appointment, [apportionment?] over and above the expenses ordinary and extraordinary of the State Government, shall be added to the fund herein before set apart for educational purposes, and distributed in the same manner. Fund to be increased by balance in the Treas'y. 5. Sec. V. Be it further enacted by the authority aforesaid, That the Inferior Court of each county shall, upon a recommendation of the Grand Jury thereof, assess such a per cent, upon the State tax as they may deem right and proper, if any, to augment said educational fund for said county; and the ordinary of each county shall be the Treasurer of said fund, and shall give bond to the Justices of the Inferior Court in the sum of double the amount appropriated to his county; and the several Ordinaries shall make out and present to the Grand Juries at the Spring Term of the Superior Courts, a full account current of all receipts and expenditures, stating items and amounts left over from previous years, and shall make oath to the truth of their accounts; and a false oath thereon shall be punished as perjury. G. Jury of each co. to recommend tax to augment said fund. Ord'ry to be Treas'rer, to give bond and report to G. Jury. 6. Sec. VI. Be it further enacted, That the tuition of those children entitled to participate in this fund, who shall attend school out of the county in which they reside, shall be paid out of the fund of the county in which they do reside. Non-reside't children to be paid for out of the fund of their own co. 7. Sec. VII. Be it further enacted, That the Governor be, and is hereby authorized to draw his warrant out of [on] the Treasury for such sums as may be in the Treasury subject to distribution under this Act, in favor of the Ordinary of each county, on the third Monday of November of each year; provided, the Ordinary shall have first furnished the Governor with the number of children in his county between the ages aforesaid; the number taught the elementary branches of an English education; the number taught the higher branches of education, and the rates of tuition in the elementary and in the higher branches; and all other facts and statistics which his Excellency may require said Ordinaries to obtain and return, and which he may deem useful in aid of future legislation. Gov. to dr'w his warrant for amt. due each co. on 3d Monday in Nov. Ordinary's return to the Gov. 8. Sec. VIII. Be it further enacted, That the several Ordinaries, as a means of collecting of the Teachers or Trustees of Schools and Academies, the information and statistics contemplated in this Act, shall have the power to withhold the fund apportioned or due any Teacher or Trustees until his terms or requision for information are

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complied with; and no Teacher shall participate in the benefits of this fund for any tuition rendered, until he shall obtain the certificate of a board of examiners appointed for that purpose by the Justices of the Inferior Court, of his qualification to teach the branches of education contemplated by this Act, and also of good moral character; and the said board of examiners shall make oath in every instance, to discharge faithfully their duties and [to?] decide impartially. Teac hers to give information to Ordinaries. Tea'hers not to be paid without certificate of a board of Examiners. Board of Examiners to take an oath. 9. Sec. IX. Be it further enacted, That the Governor shall be hereby authorized and required, as far as may be practicable, to substitute other State bonds bearing [the] same rate of interest, for those now in the hands of holders, and that he issue new bonds, and arrange them upon such a schedule, and payable at such period or periods in the future, as that, by providing annually a sinking fund of [a] certain amount, the whole principal of the public debt, (the interest being semi annually paid as now provided by law), shall be extinguished by the time the last bonds shall become due; this sinking fund, when ascertained, shall be regularly and punctually paid out [of] the net earnings of the Western and Atlantic Railroad, and until the schedule of the public debt is fixed and the amount of sinking fund is ascertained, the Governor shall use so much of the earnings of the road as shall be necessary to meet the bonds annually falling due, in payment of the same, and in the purchase or payment of other bonds the period for the payment of which is left to the option of the State. Gov. to substitute other State bonds for those now existi'g and provide by a sinking fund for their payment. Sinki'g fund to be paid out of net earnings of W. and A. Railroad. 10. Sec. X. Be it further enacted, That whenever the Governor shall, by means of the sinking fund or by any other fund applicable to the purpose, pay and take up any portion of the bonds of the public debt, he shall issue an equal amount of bonds in sums of one thousand dollars, bearing interest at six per cent., payable at such period in the future as he may deem best for the objects and interests in view, to the Secretary of State as the Trustee of the educational fund of Georgia, so that as the public debt is extinguished, the educational fund shall be increased; and the interest on said educational fund shall be annually appropriated to educational purposes. Bonds of $1000 each to be issued by Gov. to Sec'y State, as trustee of educational fund. 11. Sec. XI. Be it further enacted, That the Governor be authorized to make a deposit in either of the banks of Savannah or Augusta, on the best terms practicable, of any moneys which may accumulate in the Treasury, and which may be subject to the appropriations contemplated by this Act; such deposit to be made upon condition that such portion of it as shall belong to the fund provided for distribution for school purposes in this Act, shall be drawn by the third Monday in November in each year, and such portion of said deposits as forms a part of the sinking fund under the provisions of this Act, shall be drawn at any time at the option of the Governor, when he may have an opportunity to purchase at par the bonds of the State. Gov. to m'ke deposit in Savannah and Augusta banks. Educational ft.nd to be drawn by 3d Monday in Nov. Such porti'n of said deposit as forms part of sinking fund to be drawn at any time. 12. Sec. XII. This Act shall take effect immediately. All conflicting laws to the contrary notwithstanding. Assented to Dec. 11, 1858.

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TITLE XII. ELECTION. Section 1. Election of Judge Pataula [Illegible Text] to be held on 1st Monday in January, 1859. (No. 41.) An Act to fix and make certain the time for holding the next regular election for Judge of Superior Court of the Pataula Circuit. * * By Act organizing this circuit, it was provided that the first election of a Judge and Solicitor General should take place on the first Monday in April, 1856, under the same rules and regulations as are now provided by law for the election of similar officers in the other Judicial Districts in this State, and that they should hold their offices from their qualification, and for three years after the first Monday in October then next. See Acts 1855 and 1856 p. 216. By the first section of the 3d article of the Constitution it is provided, that the Judges of the Superior Courts shall be elected for the term of four years, and shall continue in office until their successors shall be elected and qualified, removable by the Governor on the address of two-thirds of both branches of the General Assembly for that purpose, or by impeachment and conviction thereon, Cobb N. D. p. 1121. By the 3d section of 3d article of the Constitution it is provided, that a State's Attorney and Solicitor shall hold their offices for the term of four years, or until their successors shall be [Illegible Text] and qualified, c. See 3 d Art. Cons. Cobb N. D. p. 1122, and Acts of 1853-4 p. 24, and Acts of 1855-6 p. 106. Whereas, doubts have been expressed, and there is a contrariety of opinion as to the proper time for holding the next regular election for Judge of the Superior Courts of the Pataula Circuit; for remedy whereof, Preamble. SECTION I. Be it enacted, c., That the next regular election for Judge of the Superior Courts of the Pataula Circuit, shall be held on the first Monday in January, eighteen hundred and fifty nine, (1859.) Fixing 1st Jan. 1859, for electron of Judge Pataula circuit. Assented to Dec. 11, 1858.

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TITLE XIII. EVIDENCE. ART. I. RECORDS, AND DOCUMENTARY AND WRITTEN EVIDENCE. ART. II. INTERROGATORIES. ART. I. RECORDS, AND DOCUMENTARY AND WRITTEN EVIDENCE. Sec. 1. Instruments destroyed by fire, admitted to record second time. See. 2. Witnesses to an instrument out o the State, to prove it. Sec. 3. Repealing clause. (No. 42.) An Act to amend an act entitled an act in relation to the public record of counties when they have been destroyed by fire, c. Approved March 5 th, 1856. Whereas, There is no provision in the above named act, for recording a second time such deeds and other instruments, whose records have been destroyed. Preamble. SECTION I. Therefore, the General Assembly do enact, That where any deed, or other instrument in writing, has been recorded, or may hereafter be admitted to record, according to the laws of this State, and the record of such deed, or other instrument, may be, or has been destroyed by fire, such deed, or other instrument, shall be admitted to a second record, upon due proof of its first record; and such second record shall be held and considered in lieu of the first record, in point of time, and in every other respect. * * See Act of which this is an amendment, Acts of 1855-56 p. 138. As to mode of establishing lost papers, See Cobb N. D. section 18 p. 166, and section 51 p. 463. Instruments in writing, on record when desstroyed by fire, may be admitted to record 2d time on due proof of first record. 2d record to be considered legal and valid. Assented to December 11, 1858. (No. 43.) An Act authorizing witnesses residing out of this State, to prove the execution of deeds and other instruments in writing, by making oath in writing, under certain provisions herein named. 2. SECTION I. Be it enacted, c., That when any witness to any deed or other instrument in writing, resides out of this State, it shall and may be lawful for such witness to go before any officer authorized by law in such State where such witness may reside, and

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make oath in writing of the execution of such deed, or other instrument in writing, as is provided to be done in this State, and the certificate of any Clerk of any Court, having a seal of office, that the person attesting said affidavit is authorized by law of such State to administer oaths, and the additional certificate of the Judge of such Court, that the said Clerk is really the Clerk of the same, shall be sufficient to authorize such deed, or other instrument in writing, to be admitted to record; and the same, when so admitted to record, shall be admitted and received in evidence, as other deeds and instruments in writing, duly recorded according to the laws now of force in this State. * * See Cobb N. D. Title Conveyances and Registry, sec. 34 p. 172; sec. 35 and 38 p. 173; sec's 39 and 40 p. 174; section 52 p. 177; sec. 63 p. 180; sec. 68 p. 181. Witness to a written instrument in another State, may prove its execution. Certificate of clerk of court. Judge of Ct to certify to Clerk. Deed to be admitted to record, and received as evidence. 3. SEC. II. Repeals conflicting laws. Assented to December 11, 1858. ARTICLE II. INTERROGATORIES. Sec. 4. Act of 19th December 1829, amended to include Physicians and School Teachers. (No. 44.) An Act to amend an Act, approved the 19 th of December, 1829, to point out and regulate the manner of taking the testimony of Females in certain cases, so as to include practicing Physicians and School Teachers in actual employment. 4. Section I. Be it enacted, That from and after the passage of this Act, the provisions of the above stated act, be so amended as to include practicing Physicians and School Teachers in actual employment in their vocation when the Court sits. * * For act of which this is amendatory. See Cobb N. D. sec. 8, p. 267. Physicians and School Teachers included. Assented to, December 11, 1858. 1. Interrogatories are well executed, though the commissioners' names are not inserted in the commission, if they appear in the return20 Ga. p. 108. 2. Answers should be full, so as to meet every material thing.20 Ga. p. 593. 3. If evidence be taken by commission, the case in which it is taken need not be stated in the caption to the answers, if it be stated in the heading of the interrogatories, and is set forth in the commission, and all attached together, are enveloped, and sent by mail.22 Ga. p. 541. 4. When a witness is called and examined even to only a formal point, by one party, the other party has the right to cross-examine him as to all points.323 Ga. p. 154. 5. If one be unable to write, he is incompetent to act as a commissioner in executing and returning interrogatories.23 Ga. p. 4. 6. Abbreviations in the names of commissioners sufficient.23 Ga. p. 17.

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7. The execution of a commission to take testimony on interrogatories is not void, although, in the return of the commission, there is no statement of the place at which the commission is executed.23 Ga. p. 132. 8. Books of accounts in all occupations which require books to be kept, are admissible in evidence to prove the usual subjects of book charges in such business.24 Ga. p. 17. 9. The tendency of the Judicial as well as the Legislative mind, is to widen instead of to restrict the rules for the admissibility of evidence. Ibid. 10. The affidavit of a party to a cause, that an original paper, of which he had the proper custody, was in his possession, that it had disappeared without his consent, and was seen in the possession of the counsel of the opposite party, is sufficient proof to admit of secondary evidence.24 Ga p. 155. 11. If there be written evidence of title, it should be produced; if lost or destroyed, its contents may be proved. Ib. 12. That a witness is interested will not be presumed; it must be proved24 Ga. p. 203. 13. It will vitiate the execution of a commission to examine a witness, if the party who takes it out is in the next room to where the eommissioners are executing the commission, and was so known to be by witness, the door being open between the two rooms. 24 Ga. p. 384. 14. Answers to Interrogatories may be read although headed with a different case from that stated in the interrogatories, if there appears enough to show that the answers were really intended for this latter case. Ibid. 15. Where the husband has been examined in a case, the wife is not admissible to discredit him, by proving facts, a knowledge of which she acquired by reason of the marriage relation. 24 Ga. p. 217. 16. A receipt in full by the cestui que trust to the trust, is prima facie evidence of a settlement in full, and casts the burden on the former to prove the contrary. Ibid. 17. In actions for a malicious suit, all evidence is admissible which tends on the one hand to prove the want of probable cause for the suit, and on the other to prove its existence. 24 Ga. p. 265. 18. A discharge under the insolvent law is the highest and best evidence of insolvency. 24 Ga. p. 454. 19. A woman can't be impeached as a witness by proof that she is a common prostitute. 24 Ga. p. 461. 20. An attorney employed in a cause, may, when it is relevant, be examined as to the amount of his fee and the terms on which it is to be paid. Ibid. 21. Promissory notes are evidence of their own value in an action of Trover. 24 Ga. p. 485. 22. A witness may be examined a second time by commission, for the purpose of explaining evidence before given, or of testifying to additional facts. 20 Ga. p. 518. 23. The opinion and belief of a witness, provided he gives the reasons for his opinion or belief, should be confined to cases of the judgment of experts, and where opinion and belief are the only evidence, or the main evidence on which the issue depends. Ibid. 24. A will is admissible in evidence when both parties claim under the testator. Ibid. 25. If from the facts of the case, the suspicions of a party ought to have been excited, and he makes no enquiry, but proceeds to trial and takes the chances of a verdict, and the witness in the mean time dies, his objection ought not to be heard afterwards. Ibid. 26. Where the evidence is conflicting concerning the value, and the jury adopt an average as the measure of their verdicts, the finding is not illegal. 24 Ga. p. 530.

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TITLE XIV. EXECUTORS, ADMINISTRATORS, GUARDIANS, ORDINARIES, c. ART. I. ORDINARIES. ART. II. GUARDIANS. ART. III. DISTRIBUTION OF ESTATES. ART. IV. ORPHANS. ART. I. ORDINARIES. Sec. 1. Ordinary may authorize Executors, Administrators and Guardians to sell wild lands, at private sale. Sec. 2. Repealing clause. Sec. 3. Ordinaries may issue fi. fa. for cost. Sec. 4. How collectable. Sec. 5. Repealing clause. (45.) An Act to empower and authorize the Ordinaries of the different counties of this State to grant an order to Executors and Administrators representing estates, and Guardians representing Wards having wild and scattered lands lying and being in different counties, to sell and dispose of the same at private sale, whenever the interest of the estate or Ward, require such sale. 1. Section 1. Be it enacted, That from and after the passage of this act, the Ordinaries of the several counties of this State on application of any Executor, Executrix, Administrator, or Administratrix representing any estate, or Guardian representing any Ward, which has or who has wild and scattered lands lying and being in different counties of this State, shall have power and authority to pass an order authorizing and empowering such Executor, Executrix, Administrator, Administratrix, or Guardian, to sell such lands at private sale, whenever the interests of such estate or Ward require it. Provided there is no opposition filed in the office of said Ordinary by any legatee or distributee, or nearest friend of such Ward, to such private sale, and that all such private sales shall be as legal and binding as if they had been sold as the law now directs * * See Cobb N. D., Section 97, p. 319, and sec. 113 p. 325, and notes to Decisions of Supreme Court. Ordinary may empower Ex,r, Administor or Guardian, to sell wild [Illegible Text] at private sale. Proviso. Sale to be binding. 2. Sec. II. Repeals conflicting Laws. Assented to, December 11, 1858.

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(No. 46.) An act to authorize Ordinaries of this State to issue cost fi. fas. generally. 3. SECTION I. Be it enacted, That from and after the passage of this act, the several Ordinaries of this State shall have power to issue cost executions against all executors, administrators, guardians, and their securities, for all costs that now are or may hereafter be due to said Ordinaries. Ord'ies may issue fi. fa. for cost. 4. Sec. II. And be it further enacted, That such executions shall be collected as other executions in this State. Collectable as other [Illegible Text] fas. 5. Sec. III. Repeals conflicting laws. Repealing clause. Assented to Dec. 11th 1858. Notes of Decisions of Supreme Court. 1. It is competent for an administrator to restrict the quantity of land advertised to be sold; and if public proclamation be made of the fact, purchasers will be bound by it, whether they heard it or not.20 Ga. p. 588. 2. An administrator may sell land by an agent.22 Ga. p. 600. 3. The law requires the utmost fidelity in an administrator. He cannot sell lands privately as his own, and perfect that title by selling it as administrator of his intestate, the land belonging to his intestates' estate. Such sale may be set aside at the instance of any of the cestui que trusts. 22 Ga. p 637. 4. A purchase by an administrator at his own sale is good, at least until it has been repudiated by the heirs.23 Ga. p. 151. 5. Those who are entitled to repudiate a sale made by an administrator to himself, must elect to do so within a reasonable time.23 Ga. p. 219. ART. II. GUARDIANS Sec. 6. Guardians to administer on estates of deceased wards. Sec. 7. Repealing clause. (No. 47.) An Act to authorize guardians in this State, when his, her, or their wards depart this life leaving assets of any kind, to close up said estate, without administering on the same. 6. Section I. Be it enacted, That from and after the passage of this act, whenever any ward or wards shall depart this life leaving assets of any kind, the guardian or guardians of said ward or wards, are hereby vested with all the powers of administrators on estates, and shall be controlled by the laws in force in this State, in relation to administrators. Guardians to administer on estate of deceased ward. 7. SEC. II. Repeals conflicting laws. Assented to December 11th, 1858. Notes of Decisions of Supreme Court. 1. On an appeal from the Ordinary on a guardian's return, the account offered by the guardian must be submitted to the jury as the matter he proposes to prove, but the vouchers do not go as a matter of course. XXII Ga. p. 312. 2. Vouchers embracing charges for several years board c., specifying the time and amount claimed, are not too general to be admitted in evidence to the jury; but when accounts are thus presented they ought to be strictly proved. Ib.

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3. Guardian's receipt to himself is no evidence to support a charge in his own favor against his ward. Ib. 4. Attorney's receipts to guardian, stating to be for professional services rendered the ward, are not of themselves, without further proof, sufficient to establish the account against the ward. Ib. ART. III. DISTRIBUTION OF ESTATES. Section 8. Wages of Overseer c., to be placed in first class of debts. (No. 48.) An Act to amend An Act entitled An Act to protect the estate of orphans and to make permanent provisions for the poor, approved Dec. 18 th, A. D. 1792 8. Section I. The General Assembly do enact, That to the debts due by any testator or intestate by said act directed to be paid first in order, shall be added the wages of any superintendent, overseer, or white laborer upon any farm of said testator or intestate, whether their contract be written or parol, all laws to the contrary notwithstanding. * * See Cobb N. D., section 23 p. 287. Wages of Superintendent oversee or white laborer to be placed among first clas of debts to be paid out of estates Assented to Dec. 11, 1858. ART. IV. ORPHANS. Section 9. Contracts of minors void except under certain circumstances. (No. 49.) An Act to make void the contracts of minors with the exceptions therein stated. 9. Section I. Be it enacted, That all contracts of minors shall be absolutely void except for necessaries, and that no contract of a minor shall be good for necessaries, unless the case or cases is or are such that the parent or guardian of such minor shall refuse or fail, and does refuse and fail to supply such minor with necessaries; and the burthen of proof of which fact shall be upon the party furnishing such necessaries. Contracts of minors absolutely void. Contracts for ncessaries void unless parentor guardian refuses to furnish. Burthen of proof on party furnishing Assented to Dec. 11, 1858. Notes of Decisions of Supreme Court. 1. A guardian in this State, of the person and property of an infant ward, has the same right to judge as to what are necessaries for his ward, according to her estate and position in society, that a parent has for his child. 11 Ga. R. p. 607. 2. Whenever it appears that he has furnished his ward with necessaries under the above rule, a tradesman who seeks to recover from him for additional articles, must show the estate and condition of the ward; must also show what particular articles of necessity the guardian has furnished his ward, and that the same are not sufficient and that those he sold were necessary. In such case the burden of proof is on the plaintiff; Ib

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3. If money has been furnished a minor sufficient to supply her with necessaries, the presumption of law is that she has been fully supplied, and the burden rests on the plaintiff to negative that presumption. 13 Ga. p. 467. 4. If the minor has been supplied from any quarter, the plaintiff cannot recover. But if it is shown that she was not fully supplied, the plaintiff may recover, if for necessaries, to the extent that she was not supplied. Ib. 5. If the credit is given to the guardian and not the minor, the minor is not liable. Ib. 6. In an action for necessaries furnished for a given year, it is not indispensable that the plaintiff show specifically what articles were in fact furnished, in order to show that the minor was not furnished for that year. Ib. 7. If before the appointment of a guardian, debts for necessaries be incurred by an infant, the guardian after his appointment, mnst pay them out of the infant's estate, even though it be so small, that the annual profits of it may not be sufficient for the infant's education and maintenance. 15 Ga. R. p. 452. TITLE XV. INSOLVENT DEBTORS. Section 1. Insolvent debtors may elect to give written notice or publish in newspaper. Section 2. Act to be prospective. Section 3. No ca. sa. to issue till plaintiff or attorney files affidavit specifying property, c. Section 4. How defendant when arrested may take oath, and when issue is joined, how to be trie. Section 5. Sheriffs' costs, how paid. Section 6. Repealing clause. (No. 50.) An Act to alter and amend the laws of this State, in relation to the notices to be given by insolvent debtors to their creditors. Whereas, the existing laws of this State require insolvent debtors to serve each creditor, or his attorney, with a written notice of their intention to avail themselves of the benefit of the insolvent debtors' law; and whereas, it is frequently extremely deficient [difficult?] for them so to do, from the fact that their creditors reside in various parts of the State; for remedy whereof, Preamble! 1. Section I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, it shall and may be lawful for insolvent debtors to elect whether they will give notices to their creditors, of their intention to avail themselves of the benefit of the insolvent debtors' Act, as now required by law, or to give notice of such intention, at least thirty days, in the gazette in which the Sheriff of the county where the execution is pending, publishes his sales; which public notice shall be held and taken as legal notice to their creditors, in any of the Courts of this State. Insolvent debtors may elect to give written notice to creditors, or publish notice [Illegible Text] paper,

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2. Sec. II. Be it further enacted, That this bill [act?] shall not be held or construed to apply to any case which may be pending at the time of its passage, in any of the Courts of law or equity in this State, but shall be prospective in its operation. * * See Cobb N. D. page 387, Sec. 21; and Acts 1855-6, p. 153 and 154. But see next Act. (No. 51.) by which the whole of the Insolvent Laws are modified, if not revolutionized. This Act to be prospective. Assented to Dec. 10, 1858. (No. 51.) An Act to abolish imprisonment for debt, on certain conditions herein set forth, and for other purposes. 3. Section I. Be it enacted, That from and after the passage of this Act, no capias ad satisfaciendum shall issue against the body of any defendant, from any Court of this State, until the plaintiff, his agent or attorney, shall first have filed an affidavit in the Clerk's office of the Court in which judgment has been obtained, or with the Justice of the Peace by whom the same may have been rendered, stating that he has just cause to believe that the defendant has money or property which cannot be reached by the fieri facias, (other than such as is allowed by law,) or that the defendant has property which is beyond the jurisdiction of the Court in which said judgment has been rendered. The affidavit must state of what the property consists, particularly describing the same. No ca. sa. to issue until pl'ff or att'y file affidavit. Stating that def'dt has prop. which cannot be reached by ft.fa., or beyond jurisdiction of Ct. Affidavit must specify property. 4. Sec. II. Be it further enacted, That when a defendant being [is?] arrested under the provisions of the first section of this Act, he may file a schedule in the Clerk's office of the Inferior Court, and take the oath now prescribed by law, for the benefit of honest debtors, by giving to the plaintiff, his agent or attorney, three days notice of his intention to do the same. Three Justices of the said Court shall be sufficient to administer the oath. Plaintiff may tender an issue of fraud, in which he shall plainly set forth all the facts in the case which he expects to prove, and particularly describing the property which he may allege to have been left out of the schedule filed by the defendant. Upon this being done, the Justices of the Inferior Court may cause a jury to be summoned instanter, and proceed at once to the trial of the issue formed. If either party shall make it appear to the Court that they are not ready for trial, the cause may be continued to such time as the Court, in its discretion, may deem necessary to enable the parties to prepare for the trial of the same. If the continuance be at the instance of the plaintiff, he shall make oath that the facts which he has set forth in the issue tendered, are true. When continued at the instance of the defendant, he shall give bond and security, as is now required by law, for his appearance to take the insolvent debtors' oath, at the final termination of the cause. In the event that the jury find for the defendant, he shall be permitted to take the oath, by [on?] delivering to the Sheriff, or his deputy, all

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the property described in the schedule which he has filed. Should the defendant fail to appear at the time appointed by the Court for the trial of the issue, the Court may enter up judgment upon the defendant's appearance bond, in favor of the plaintiff, for the principal, interest and cost; Prorided, it does not appear that the defendant is absent from Providential cause. Defft arrested may tile schedule in inf'r Court, and take the oath. 3 days notice to plaintiff or attorney. 3 Justices may administer oath. How pl'iff may tender an issue of `fraud Issue tried by jury to be immediately summoned. How cause may be continued. How plt'ff may continue. How defen't may continue. If issue f'nd for def't, he may take oath. Def't failing to appear, Ct may give jugment on appearance bond Proviso. 5. Sec. III. Be it further enacted. That the Sheriff shall be paid the sum of two dollars for summoning the jury, under the provisions of this Act, to be collected out of the party cast in the trial. Sh'ffs costs. How to be paid- 6. Sec. IV. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Rep'g clause Assented to December 11, 1858. Notes to decisions of Supreme Court, 1. The withdrawal of the schedule from the Clerk's office, by the Attorney of the applicant, immediately after its filing, and its detention till Court, may be a good ground for continuance; but will not support a motion for the imprisonment of the debtor. 18 Ga. p. 50. 2. A schedule, with the oath of the debtor appended thereto, that he has no property or effects of any kind, whatever, except as excepted in the oath prescribed by law, is sufficient. Ibid. 3. The issuing of a ca. sa. is a sufficient act to keep the judgment from becoming dormant. 19 Ga p. 517. 4. Appearance at any time during the term, is a compliance with the bond of defendant in ca. sa. 20 Ga. p. 269. 5. Three things only authorize imprisonment of a debtor. 1. Failure to notify 2. Refusal to take oath; 3. Conviction of fraud. Failure to file schedule is no ground. 20 Ga. p. 474. 6. The Jury must decide as to sufficiency of schedule. Ib. 7. The Act should be liberally construed. Ib. 8. Debtor may deliver up property under Act of 1811, after giving bond for his appearance under the Honest Debtors' Act. 20 Ga. p. 9. Judgment of the Inferior Court discharging an imprisoned debtor, is void, if the Court have not jurisdiction of the case; and it is no error for the Court to commit the discharged debtor to jail, if he appear at Court not prepared to comply with the terms of his bond. 22 Ga. p. 119. 10. When a debtor is surrendered by his securities, the notice required by the Act of 1815, to be given by the jailor to the plaintiff or attorney, is indispensable; and a judgment of discharge without it, is void; and it does not protect the discharged debtor from re-arrest 22 Ga. p. 93. 11. The Act of 1823, for the benefit of honest debtors, does not exclude from its benefit persons who have lost money by gambling. 23 Ga. p. 616. 12. When the principal is called at the term to which his ca. sa bond is made returnable, and answering to his name, presents himself before the Court, the security is entitled to his discharge. It might be very well in all cases for an exoneretor to be entered upon the minutes of the Court. 22 Ga. p. 570.

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TITLE XVI. INTERNAL TRANSPORTATION. * * For act amending the charter of Ellijay Railroad Company, see Cities and Towns, Title III, No. 140, Sec. 13. For act to incorporate Excel Line Steamboat Company, see same title and number, section 24. ART. I. RAILROADS. 1. STATE ROAD. 2. PRIVATE CORPORATIONS. ART. II. TURNPIKES AND PLANK ROADS. 1. PRIVATE CORPORATIONS. 1. STATE ROAD. SEC. 1. Agents c., made liable as Tax Collectors are. SEC. 2. To account weekly. SEC. 3. To report their indebtedness monthly. SEC. 4. To give new bonds by January 1, 1859. SEC. 5. Delinquent officers to be dismissed. SEC. 6. Superintendent to ascertain amount of defalcations, and report to Comp. General, his duty SEC. 7. Debtors to Road liable as Tax Collectors are. SEC. 8. To be deemed as public debtors, and act to be construed liberally. SEC. 9. Superintendent charged with execution of this act. SEC. 10. Transcript of books to be evidence, c. SEC. 11. Repealing clause. (No. 52.) An Act for the better government of the Western Atlantic Railroad, to secure fidelity in the fiscal agents and all other persons indebted to said road, and to prerent, as far as possible, fruitless and expensive litigation, and to make the account books of said Western Atlantic Railroad evidence in certain cases, and for other purposes. Whereas, In the management of the Western Atlantic Railroad by the State, cases [losses?] have doubtless occurred, and are liable to occur, unless frequent settlements are exacted of its fiscal agents, and the State invested with summary remedies against defaulters. Preamble. 1. Sec. 1. [Dagger] [Dagger] There is no enacting clause to either the engrossed Bill or enrolled Act. From and after the passage of this Act, all and every agent, [Dagger] [Dagger] For previous legislation [Illegible Text] Agents, c., see Cobb N. D. p. 415, secs. 81 and 82; p. 418, secs. 97, 98 and 99; Acts of 1851-2, p. 110, and Acts of 1855 6, p. 156. officer, employee, or servant, having funds in his hands, the property of said Western Atlantic Railroad, shall be and is hereby placed on the same footing, as to liability and accountability, as Tax Collectors of this State, and may and shall be proceeded against as hereinafter directed in section six of this Act. All agents, officers, c. made liable as tax collectors are. 2. Sec. II. It shall be the duty of the Superintendent to cause

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each and every fiscal agent of said Western Atlantic Railroad to pay over to some one, by said Superintendent duly authorized, weekly, and from week to week, all moneys of the road in hand of such agent respectively, on whatever account received by him, and that the same be promptly paid to the Treasurer of the road. Duty of Superintend't. [Illegible Text] 3. Sec. III. Be it enacted by the authority aforesaid, It shall by the duty of each and every agent of said road to make out monthly, and from month to month, a full statement of his indebtedness to said road; particularly specifying what amount of cash on hand, what amount due for freight delivered, or to be delivered, showing the full amount due from all sources whatever, and shall sign such account at the foot thereof, and such admission shall be prima facie evidence of the amount due as against such agent and his sureties. Agent to m'ke m'nthly statement of his indebtendness Said statement prima facie evid'n'e against agent. 4. Sec. IV. Be it enacted by the authority aforesaid, It shall be the duty of the Superintendent to require of each and every agent of said road, by or before the first day of January next a fresh and new bond, with good and satisfactory security, in the penalty or sum respectively as now required by law, or if too small to cover all loss, [he] may increase it, and on the delivery of said bond it shall be accompanied with a statement in writing signed by such agent, of the amount due by such agent, whether for cash received or freight on hand, or from any other cause or source whatever, and such admission so signed shall be prima facie evidence of the amount due by such agent, and his sureties shall be bound thereby and liable therefor; and in all cases when a bond is taken, such certificate or admission shall accompany it and be filed therewith. Agts. to give new bonds by 1st Jan. 1859. Bond to be accompani'd with a statement of amt. due by agt. Statement to be prima facie evidence aga'st agent. 5. Sec. V. Any officer or agent failing to pay over the funds collected by him weekly, when thereto called upon, or failing to furnish the Superintendent with a monthly statement of the financial condition of his office, except for providential cause, shall be forthwith dismissed from office, and an account shall be had and taken of all the freight on hand, and such agent shall have a credit or receipt therefor, and be answerable, together with his sureties on his bond, for such sum or sums as may be due by such agent. Officer delioquent to be forthwith dismissed. To be credited with freight on hand and held acco'ntable for bal. 6. Sec. VI. Be it enacted by the authority aforesaid, That whenever and as soon as an agent is in default, or any other person having funds of the road unaccounted for, and fails or refuses to pay over the same on demand, or shall abscond or conceal himself, it shall be the duty of the Superintendent, promptly and immediately, to cause the real and true amount due by such agent to be had and taken, and transmit the same together with the original bond of such agent to the Comptroller General of this State as earnings of the road, and the Comptroller General shall, upon the receipt thereof, issue writ or writs of fieri facias against said agent so in default, and his sureties individually or collectively, as he may deem best for the interest of the State, for such sum or sums as may be returned to him as due by such agent, with interest thereon at seven per cent per annum, from the date of the demand, on the principal sum; and also the additional sum of five per cent on said sum, which shall be in full compensation to the officer who actually

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collects the money due on such fi fa. or fi fas., and actually pays over the money so collected to the Comptroller General of this State, or to his order. When [Illegible Text] is in default Supt. to ascertain his liability. and [Illegible Text] with bond [Illegible Text] Cmpt. Gen. Compt. Gen. to issue fi fa. against agt and sureties. For principal and interest and 5 per ct. to collecting officer. 7. Sec. VII. Be it enacted by the authority aforesaid, That debtors to said road shall stand upon the same footing as to liability and accountability as Collector of Taxes are now liable by law, and no judicial interference shall be had, held or entertained to stop or suspend the collection of a fi fa. when issued according to the terms and provisions of this Act. But his Excellency the Governor for the time being, may and shall, upon affidavit field as to the amount really due, upon affiant fully paying the sum admitted to be due, stating all the facts in his affidavit, and therein showing why he has paid all that is really due, to suspend the collection of the residue until the meeting of the next Legislature to whom he shall submit the matter for their action. Debtors to Road to be Liable as tax collectors. No judicial interference to be allowed. Gov. may suspend the collection of balances where there has been a payment on affidavit filed, and submit the matter to next legislature. 8. Sec. VIII. Be it enacted by the authority aforesaid, That debtors to the Western Atlantic Railroad shall be held, deemed, taken and considered as debtors to the public in all cases whatsoever; and this Act shall be liberally construed to effect prompt accountability and payment from debtors of the road, and that its spirit and intent shall not be defeated or prejudiced for want of a mere literal compliance with its terms, where no real injustice has been done to the debtor or debters. Debtors to the Road to be deemed as public debtors. Act to be liberally construed. 9. Sec. IX. Be it enacted by the authority aforesaid, That the Superintendent of the Western Atlantic Railroad for the time being, shall be specially charged with the due execution and faithful fulfilment of the terms and provisions of this Act; and his neglect thereof or inattention thereto; shall be good cause for his removal from office. Superintendent charged with the execution of this Act. His neglect good cause of removal. 10. Sec. X. Be it enacted by the authority aforesaid, That the account books of the said Western Atlantic Railroad shall be in all suits now pending or that may be hereafter commenced, prima facie evidence of the truth of what they contain. And a full transcript from the books as to all matters in controversy, verified by the affidavit of the book-keeper, shall at all times be received in lien of the original books; but the defendant may, upon notice, require the originals, when he will make affidavit that the original book or books contain evidence material to his defence not contained in said transcript, specifying particularly what such entries are. And the affidavit in writing of the book-keeper shall be evidence of the identity of the books to which it refers, when the originals are produced under such notice or otherwise. Books of the Road to be prima facie evidence. Transcript verified by affidavit of book keeper to be used as evidence. Deft. on affidavit may require original books. Affidavit of book keeper to identify books. 11. Sec. XI. Repeals conflicting laws. Assented to Dec. 11, 1858.

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2. PRIVATE CORPORATIONS. Sec. 1. Wills Valley Railroad may use orders to be received by its Treasurer. Sec. 2. Use of order restricted. Sec. 3. Banking privileges not granted. Sec. 4. Georgia Air Line Railroad Company to have ten directors. Sec. 5. To receive subscriptions in real estate. Sec. 6. Georgia R. R. Co. to extend Eaton-on branch; capital increased; Provisos as to banking capital and tax. Sec. 7. Penfield Branch Railroad Company incorporated. Sec. 8. Authorized to construct a Railroad Sec. 9. Capital stock, books opened, c. Sec. 10. Directors, how elected. Sec. 11. Powers and privileges. Sec. 12. Term of office of President and Directors, c. (No. 53.) An Act to allow the Wills Valley Railroad Company For previous Acts concerning this Company, see Acts of 1853-4, p. 464, and Acts of 1857, p. 79. the privilege of issuing and using an order for the purpose of facilitating the building of said road, or accommodating the Stockholders of the Company. 16. Sec. I. Be it enacted, That from and after the passage of this Act, it shall be lawful for the Wills Valley Railroad Company, for the purpose of facilitating the building of the said road, or accommodating the Stockholders in said Railroad Company, to use the following form of an order, which shall be signed by the President of the Wills Valley Railroad Company, and received by the Treasurer of said Company in payment of stock subscribed to said Company at par, at all times, when presented for the purpose of liquidating or paying off any call or calls made by the Board of Directors of said Company: Wills Valley R. R. Co. may use as order. To be rec'd by Treasu'r. Form of order. State of Georgia. For work done and provisions furnished, or either, in and about the constructing of the Wills Valley Railroad, this will be received for $ in payment of stock due and owing said Wills Valley R. R. Company. President. 17. Sec. II. And be it further enacted by the authority aforesaid, That said Company shall not be hereby authorized to use said order for any other purpose than that herein specified. Order not to be used for any other purposes. Not to be construed as a grant of banking privileges. 18. Sec. III. And be it further enacted by the authority aforesaid, That this Act shall not be so construed as to allow said Company any banking privileges. Assented to Dec. 11, 1858.

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(No. 54) An Act to amend an Act entitled an Act to incorporate the Georgia Air Line Railroad Company and to confer on them certain powers and privileges therein mentioned, approved March 5th, 1856. * * For original Acts, see Acts of 1855-6, p. 165. 4. Sec. I. Be it enacted, That from and after the passage of this Act, the Georgia Air Line Railroad Company shall be entitled to have ten in the place of six Directors, to be chosen and hold their offices in the same manner as the six Directors under the Act of which this is an amendment, and that John W. Pruett of Franklin county, Ephram M. Johnson of Hall county, George Kellog of Forsyth county, and Raimond Sanford of Dawson county, by authority are hereby confirmed as Directors of the said Company, until the next annual convention of the Stockholders of this Company. To have 10 in place of 6 directors. Names of additional directors. 5. Sec. II. And be it further enacted by the authority aforesaid, That the said Georgia Air Line Railroad Company be and is hereby authorized and empowered to receive subscriptions of stock in real estate, and shall have power to hold and dispose of such property in any manner that may seem best for the interest of the said Company. To receive subscripti'ns in real estate and dispose of the same. Assented to Dec. 11, 1858. (No. 55.) An Act to authorize the Georgia Railroad and Banking Company to build a Branch Road to the town of Eatonton, in Putnam county, and to increase the capital stock of said Company for said purposes. * * For previous legislation, see Cobb N. D., p. 423, and Acts of 1851-2, p. 120. 6. Sec. I. Be it enacted, That the Georgia Railroad and Banking Company be and they are hereby authorized and empowered to extend the Eatonton branch of their road either from Greenesboro or Madison, or from any point between those places, to the town of Eatonton, and to increase the capital stock of said Company to an amount sufficient for that purpose, with all the powers and privileges, rights and immunities contained in the existing charter. Provided nothing herein contained, shall be construed to authorize said Company to make any increase of its banking capital. And provided also, that such additional stock as shall be allowed under this Act, shall be subject to such rate of taxation as the Legislature may from time to time assess, either directly or through the Executive of the State; such rate of taxation never to exceed that put upon the property of the people of this State; and this reserved right to tax the additional stock authorized under this Act, in no case, nor under any circumstances, to be construed to authorize any increase of rate of taxation upon any other stock or property connected with said Company, other than the additional stock allowed by this Act. G. R. R. and Banking Co. authorized to extend Eatonton Branch. Capital sto'k may be increased. Proviso not to extend bkg. capital. Further proviso as to tax. Assented to Dec. 11, 1858.

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(No. 56.) An Act to incorporate the Penfield Railroad Company. 7. Sec. I. Be it enacted, That John G. Holtselaw, Wm. B. Seals, Jas. R. Sanders, James Armstrong, Wm. A. Colclough and Philip Robinson, and their successors, shall be constituted a body politic under the name and style of the Penfield Branch Railroad Company, to be capable in law of suing and being sued, plead and be impleaded. Penfield Railroad Co. incorporated c. 8. SEC. II. And be it further enacted, That said company shall have power to construct and maintain a Railroad from some eligible point on the Georgia Railroad, to be agreed upon by said company and the Georgia Railroad Company, to the town of Penfield, in Greene county; to equip and furnish said Railroad with the necessary engines, cars and other machinery, for the transportation of goods, wares and merchandize. Authorized to construct a Railroad. 9. SEC. III. Be it further enacted, That the capital stock of said company shall be seventy-five thousand dollars, to be divided into shares of one hundred dollars each, and that the said corporators, or a majority of them, shall, after the passage of this Act, be authorized to open books in the town of Penfield and Greensboro, and at such other places as they may deem proper, for subscription to said stock, giving forty days notice in the public gazettes of Peufield and Greensboro, and posting the same at such places as the books may be opened, that said corporators may receive subscriptions, payable in cash or in work, for said Railroad at fair prices. Capital st'ck Books to be opened. 10. SEC. IV. And be it further enacted, That when the sum of twenty-five thousand dollars shall be subscribed, the said corporators, or a mojority of them, are authorized to advertise for an election to be held in the town of Penfield, for seven directors to manage the business of said corporation; and the said directors when chosen shall elect one of their number to be President. Forty days notice of said election to be given by advertisement as aforesaid. Notice to be given. Directors to be elected, c. 11. Sec. V. And be it further enacted, That the said company shall have the same powers and privileges in relation to the organization of the company, construction of the road or its management, as are granted to the Georgia Railroad Company, and be subject to the same liabilities, provided said powers do not conflict with the interest of said Georgia Railroad Company. Powers and privileges. 12. Sec. VI. And be it further enacted, That the said company shall be under the directions of the said President and Directors, elected as aforesaid, and to hold their office for the period of one year, and until their successors are elected; that said Directors shall have the power of making such by-laws as may be deemed necessary for the management of the affairs of the company, not conflicting with the laws of this State. Term of office, by-law c. Assented to, December 14, 1858.

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III. MOCCASIN TURNPIKE COMPANY. Sec. 13. Parts of former Act repealed, and a part amended. (No. 57.) An Act to amend an Act, entitled an Act, to incorporate the Moccasin Turnpike Road Company in the county of Rabun, approved March 3d, 1856, and to grant certain privileges to the same. * * See Acts of 1855-6, p. 197. 13. Section I. Be it enacted, That so much of said charter as compels said company by the act providing for the same, to complete said road by March, 1859, be, and the same is hereby repealed; and also, that part binding them to locate said road from that particular point on the Chattooga river, called the Long Bottom Ford, hereby authorizing them to begin or strike said river at the most practicable point for the location of said Road, and to be connected by other roads. Parts of former Act repealed, and a part amended. 14. Sec. II. Repeals conflicting laws. Assented to, December 13, 1858. Notes of Decisions of Supreme Court. See Notes to Banks and Banking, Title IV. 1. A stockholder in a Corporation, whose stock has been forfeited, is not relieved from payment of a stock note given, though there may have been a material alteration in the charter after the forfeiture, without his assent.17 Ga. p. 574. 2. A Corporation is authorized to make contracts. Held, That a promissory note is prima facie evidence of such a contract. Ibid. 3. Proprietors of Railroads, when running their engines over crossings, must use reasonable care and diligence, taking into consideration all the circumstances of the case; and whether there has been negligence or not, depends upon the facts of each particular case, and the question is to be decided by the jury; and, notwithstanding the plaintiff may not be without fault, still, if the injury could have been prevented, in the exercise of proper and reasonable precaution on the part of the defendant, and was not, the defendant is liable.18 Ga. p. 680. 4. The fifteen days specified in the Act of 18534, defining the liability of Railroad Companies, e. within which notice is to be given, or suit brought for injuries, applies exclusively to demands under thirty dollars. 18 Ga. p. 247. 5. The notice must be given in the name and by authority of the party aggrieved; and a declaration, in usual form, with process, c., and served by the Sheriff, will not be deemed a sufficient compliance with the act.18 Ga. p. 247. 6. If both parties are negligent, and the plaintiff, in the exercise of common caution. could have avoided the injury, he cannot recover of the company.19 Ga. p. 440. 7. The 5th section of Act of 1847, to define the liabilities of the several Railroad Companies, c. is repealed by the Act of 18534.21 Ga. p. 104. 8. The Act of 5th March, 1856, to define the liabilities of the several Railroad Companies of this State, c., does not apply to the W. A. Railroad.23 Ga. p. 436. 9. A variance between the allegation and the proof as to the day an injury was committed, is not fatal. 24 Ga. p. 75. 10. A plaintiff may recover of a Railroad Company for injury done, although not without fault himself, provided the mischief was the result of gross negligence on the part of the Company. Ibid. 11. A particular speed is required at or near crossings. A Railroad train must be so checked as to enable the engineer to stop his machine at crossings. And it is not incumbent upon plaintiff to prove, that the speed was reckless; or that he saw the obstruction and heedlessly proceeded. Ibid. 12. The failure of a Railroad train to comply with the requisitions preseribed by law, does not necessarily make a road liable for damages, but it will constitute a prima facie case, and usually will be sufficient to establish a want of due diligence. Ibid. 13. Corporations are embraced in a statute. under the designation of persons, unless expressly excepted, or excluded by necessary implication.24 Ga. p. 356.

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14. Neither a Corporation nor an individual, have a vested right to do wrong. Ibid. 15. The 4th Section of the Act of 1856, to define the liability of Railroad Companies, c. being in futuro does not repeal by implication, the Act of 1850; or in other words, take away a cause of action which originated before its passage. Ibid. 16. If through the default of the Corporation or its servants, the passenger is placed in such a perilous condition as to render it an act of reasonable precaution for the purpose of self preservation, to leap from the ears the company is responsible for the injury he receives thereby, although if he had remained in the cars, he would not have been injured. Ibid. TITLE XVII. JOINT STOCK COMPANIES. * * For act incorporating the Merchant's and Mechanie's Mutual Insurance Company of the city of Macon, see Title III, Cities and Towns, No. 140, Sec. 16. The caption commencing, An act to incorporate the town of Camilla in the county of Mitchell, c. For act to facilitate mining operations for gold, c., in the county of White, see County Regulations, Title V, No. 163. For act incorporating Savannah Flour-mill Company, see Title II, Churches and Charitable Societies, No. 121, Sec. 4. No. 58. Gwinnett Manufacturing Company. No. 59. Springer Mountain Gold and Copper Mining Company. No. 60. Hahoola River and Cane Creek Hydraulic Hose Mining Company. No. 61. To amend Act incorporating Macon Insurance and Trust Company. (No. 58.) An act to incorporate the Gwinnett Manufacturing Company of the county of Gwinnett, and to define the rights, privileges and liabilities of the same. 15. SEC. I. Be it enacted, That from and after the passage of this act, James P. Simmons, Robert B. Camp, William W. Cooksey, William F. Kennedy, John T. Hackett, Merit Camp, John Bankston, James H. Hunter, Jesse Lowe, Samuel W. Davis, James Wilson, and their associates, successors, and assigns be, and they are hereby created and declared to be a body politic and corporate by the name and style of the Gwinnett Manufacturing Company; and may, in and by that name, contract and be contracted with, sue and be sued, plead and be impleaded in any Court of competent jurisdiction either of Law or Equity, in this State. Names of corporators. Name of corporation. 2. Sec II. And be it further enacled by the authority aforesaid, That said Company shall have the right to hold and enjoy, purchase or sell and convey, all such estate and property, whether

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real, personal or mixed, as they may desire or find necessary or convenient in the prosecution of their manufacturing business; to establish and enforce such by-laws, rules and regulations, not inconsistent with the Constitution or laws of this State or of the United States, for their own government in the transactions of business as they may have, or may from time to time hereafter see fit to make, and the same to amend or alter at pleasure; to make, have and use a common seal, to employ such officers and agents as they may desire, and to require of them such affidavits, bond or bonds, with such security for the faithful discharge of duty as their by-laws may direct. Powers. Further p'rs Private property of st'k holders bn'd proport'nbly 3. Sec. 3. And be it further enacted by the authority aforesaid, That the private property of the stockholders shall be bound and liable for the payment of all the debts of said company in proportion to the amount of stock owned by each at the time each debt may be contracted; and that any execution which may be regularly issued against said company as hereinafter directed in each case shall first be levied upon the corporate property thereof, if there be any, but if there is none to be found, or not enough to satisfy the same, then upon a return of, no corporate property to be found whereon to levy such fi. fa, made by the proper officer to levy the same, it shall be lawful and is hereby declared to be the duty of such officer to levy the same upon the private individual property of such stockholder in the proportion aforesaid, and to proceed upon such levy to make the money due upon such fl. fa., just as if several fi. fas. had issued against such stockholders, for the separate sums due by each. Executions to issue first against corporate property. If none to be found, then to be levied on private property in proportion. How to proceed. Stockhold'rs how ascertained. 4. Sec. 4. And be it further enacted, That for the purpose of ascertaining who were the stockholders in said company at the time the contract was made, and what amount of stock was then owned and held by each, it shall be lawful for any creditor of said company, at the time the ordinary process shall be served, to cause a notice also to be served upon the President, or other officer, upon whom service of process may be perfected, requiring him, in person, to be and appear at the Court to which such process may be returnable, and at the appearance term of such case; and then and there to file, under oath and in writing, a schedule showing the names of all the stockholders and the amount of stock held by each at the time aforesaid; and should any such officer, so notified, fail or refuse so to appear or to file such schedule at the appearance term, it shall be the duty of the Court wherein such case may be pending, on motion, to proceed against such officer as for a contempt of Court, and to compel him to file such schedule by the trial term of such case; and thereupon it shall be the duty of the Clerk or Justice of the Peace, on issuing execution against said company, to endorse, on the back thereof, the names of all the stockholders and the amount of stock held by each, as so ascertained, which endorsement shall be the guide of the levying officer in the collection of the same as aforesaid. Schedule of names to be filed. Duty of [Illegible Text] on failure. Duty of Cl'k or Jus. of the [Illegible Text] 5. Sec. 5. Repeals conflicting laws. Assented to December 11, 1858.

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(No. 59.) An Act to incorporate the Springer Mountain Gold and Copper Mining Company. The General Assembly of the State of Georgia do enact as follows: 6. Section I. Be it enacted, That Ezekiel M. Spriggs, Zion Spriggs and John L. Summerour, and their associates and assignees, are created a body corporate and politic, by the name of the Springer Mountain Gold and Copper Mining Company; and by that name shall be able and capable in law, to sue and be sued, plead and be impleaded, answer and be answered unto, in any Court of Law or Equity; and to make and use a common seal, and to alter and change the same at pleasure; and to establish such ordinances, by-laws and regulations, as shall be necessary and convenient for conducting the affairs of the Company. Corporators of Springer Mountain Gold and Copper Mining Co. Powers. 7. Sec. II. And be it further enacted, That the object of said Company is declared to be the mining, smelting, refining and working of gold, and copper, and other ores of minerals, in Lumpkin, Union, Gilmer, Pickens, Fannin, Habersham, Forsyth and Cherokee counties, in the State of Georgia; and for this purpose, said Company are empowered to purchase and hold real and personal property, and to except means, and pursue such measures as shall be expedient for the successful prosecution of the same. Objects. In what co's. Farther p'rs. 8. Sec. III. And be it further enacted, That the capital stock of said Company shall be five hundred thousand dollars, with power and authority to increase the same to one million of dollars, divided into such number of shares as shall be provided for and fixed by the by-laws of said Company. Gap. stock $500,000. May be increased to $1,000,000. 9. Sec. IV. And be it further enacted, There shall be an annual meeting of the stockholders of said company, at such time and place as shall be provided for by the by-laws of said Company, for the purpose of choosing five directors to manage all the concerns thereof, who shall be stockholders, and be elected by ballot by the stockholders, in person or by proxy, each share entitling the holder thereof to one vote. [Illegible Text] m'tng. Election of Directors. 10. Sec. V. And be it further enacted, That Ezekiel M. Spriggs, Zion Spriggs and John L. Summerour, and their associates and assignees, shall be, and continue the directors of said Company, until the first annual meeting of the stockholders. The Directors shall appoint their President and other officers, and shall fill all vacaneies that may occur in their body during the time of their appointment, and they shall continue in office until new directors have been elected. Directors named to continue [Illegible Text] first annual meeting. Their pow's. 11. Sec. VI. Be it further enacted, That said corporation shall keep an office at Dawsonville, in the county of Dawson, which shall be considered, for all judicial purposes, its location, and in which county it shall be liable to be sued. Office at Dawsonville 12. Sec. VII. And be it further enacted, That each member of said incorporation shall be held jointly and severally liable for the debts of said incorporation, to the amount of the stock he, she or

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they may hold in said incorporation; and that the members of said corporation shall be liable for the debts of said corporation and company, in the same manner, and to the same extent, as ordinary corporations. Each memb'rs liability 13. Sec. VIII. And be it further enacted, That each and every [stock?] holder shall be liable for any and every debt which said corporation may owe, at any time whilst such stockholder holds stock in said company; and any execution issued against said company, may be levied upon the property of any person who owned stock in said company, at any time whilst the debt was owing, upon which said execution is predicated. And any person whose property may be levied upon by any such execution, shall have the right to contest his liability, by filing an affidavit of illegality; which shall be returned to and tried by the Court from whence the execution issued, as other illegalities. Stockholder's liabil'ty. What property execution may be levied on. How illegality may be filed and tried. 14. Sec. IX. And be it further enacted, That the privileges here-by conferred on said company, shall not last longer than sixty years; subject to renewal at the expiration of said time. Privileges restricted to 60 years. See. X. And be it further enacted, That the individual property of the several stockholders be jointly and severally bound for the redemption of all the liabilities of said incorporation or chartered company; and that no liability, when once created, shall cease, upon the expiration of said-charter, by limitation or otherwise. Individual prop. bound for corporate liabilities. Liabilities not to cease on expirat'n of charter. 16. Sec. XI. And be it further enacted, That the Legislature here-by retains the right to repeal, alter or modify this charter, at any time in future when, in the opinion of the General Assembly, the interest of the State or the public good require it. Legislature retains the right to alter, repeal or modify ch'r. Assented to Dec. 11, 1858. (No. 60.) An Act to incorporate the Yahoola River and Cane Creek Hydraulic and Hose Mining Company. 17. Section I. Be it enacted, That Dr. M. H. Van Dyke, Benjamin Hamilton, and such other persons as they may associate with them, and their successors or assigns, shall be, and they are hereby declared to be, (so soon as they shall organize under the provision of this Act,) a body corporate and politic, under the name and style of the Yahoola River and Cane Creek Hydraulic Hose Mining Company; for the purpose of diverting or turning the waters of said Yahoola river from their natural channel, by a ditch or aqueduct of any kind, so as to work for gold, or any other valuable mineral, according to the hydraulic process, in the county of Lumpkin, in said State, on any lands that they now own, or may hereafter own, or that they may become possessed of, either by purchase or lease; and by that name may sue and be sued, plead and be impleaded, answer and be answered unto, in any Court of law or equity in this State having competent jurisdiction; and shall enjoy perpetual succession of officers and members; may have and use a common seal, and alter the same at pleasure; may make, ordain and establish

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such by-laws, rules and regulations as they may deem expedient and necessary to carry into effect the objects of the company; Provided, such by-laws, rules and regulations are not inconsistent with the laws of this State, or of the United States; and the said company shall use, exercise and enjoy all the rights, privileges and franchises which are incident to corporations. Corporaters. Name of corporation. Purposes. Powers. 18. Sec. II. And be it further enacted, That the corporation above named and hereby created shall, by its corporate name be capable, in law, of purchasing, holding, selling and conveying any real or personal estate which may be necessary to enable the said corporation efficiently to carry on the operations named in the first section of this Act. Further [Illegible Text] 19. Sec. III. And be it further enacted, That the capital stock of said company shall be five hundred thousand dollars, divided into such number of shares as shall be provided for and fixed by the by-laws of said company; and the stockholders in said company shall be liable, pro rata, for the debts of said company, to the amount of the stock by them respectively held, but for no greater amount. Cap. stock $500,000. Liability of stockhold'rs. P'wer [Illegible Text] by-laws. 20. Sec. IV. And be it further enacted, That the by-laws of said company may fix and declare the number of officers or agents that the said company may deem necessary for carrying out the objects thereof, and shall regulate and prescribe the manner in which the same shall be appointed, their duties, salaries and liabilities; and shall fix the time for, and manner of, paying dividends, and the regulations to be observed in transferring the stock of said comcompany, by any member thereof who may wish to transfer his, her or their stock. 21. Sec. V. And be it further enacted, That said corporation shall keep an office at Dahlonega, in the county of Lumpkin, which shall be considered, for all judicial purposes, its location. Office in [Illegible Text]. 22. Sec. VI. And be it further enacted, That the Legislature here-by retains the right to repeal, alter or modify this charter in future, should the public good, in the opinion of the General Assembly, require such legislation. Leg. retains right to repeal, alter or modify [Illegible Text]. 23. Sec. VII. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 61.) An Act to amend an Act to incorporate the Macon Insurance Company, in the City of Macon, and to strike out a proviso in the same. 24. Section I. Be it enacted, That the Directors of the Macon Insurance and Trust Company, when elected, shall have the power to change their office and place of business, from Macon to Savannah or Albany, upon giving twenty days notice of such change, in any one of the public gazettes of said cities; and the said Directors shall have power to establish agencies whereever, in their judgment, the interest of the company may require them. Direct's authorized to change their place of business. May establish agencies 25. Sec. II. That the proviso contained in the eleventh section of

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said Act, and being in these words:Provided said company may not at any time take risks for a greater sum than the amount actually paid in at the time of taking said risksbe and the same is hereby stricken out and repealed. * * For Act of which this is amendatory, see Acts of 1857 p. 207. Former restriction repealed. Assented to Dec. 13, 1858. N. B.The caption of this Act relates to the Macon Insurance Company. But by section 1st it will be seen that this Act was intended to relate to the Macon Insurance and Trust Company. Notes of Decisions of Supreme Court. 1. A valid legal objection to the payment of a loss on a policy of insurance, is not a waiver of all other objections, if the plaintiff go into equity to avoid the effect of that objection at law. 21 Ga. p. 97. 2 A shorter period than the statutable period for the institution of suits by the agreement of the parties in their contract, violates no principle of public policy, provided the period fixed be not so unreasonable as to raise a presumption of imposition, or undue advantage in some way. Ib. 3 It is not a frand in stockholders of a company, not responsible for the company's debts, to ask the passage of an Act to enable the company to issue bonds, holding the private property of stockholders liable; and a stockholder may advance money on such bonds, and the transaction will be good, if free from fraud. Ib. TITLE XVIII. JUDICIARY. ART. I. SUPREME COURT. ART. II. SUPERIOR AND INFERIOR COURTS. ART. III. COURTS OF A SPECIAL JURISDICTION. I. SUPREME COURT. Section 1. Decisions by full Court not to be reversed. 2. Repealing clause. Section 3. Decisions not to be written out 4 Repealing clause. 5 Writs of Error in [Illegible Text] cases. 6 Repealing clause. (No. 62.) An Act to make uniform the decisions of the Supreme Court of this State; to regulate the reversals of the same, and for other purposes. 1. Section I. Be it enacted, That from and after the passage of this act the decisions of the Supreme Court of this State, which may have been heretofore, or which may hereafter be made by a full Court, and in which all three of the Judges have or may concur, shall not be reversed, overruled or changed; but the same is hereby declared to be, and shall be considered, regarded and observed by all

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the Courts of this State, as the law of this State, when it has not been changed by legislative enactment, as fully, and to have the same effect, as if the same had been enacted in terms by the General Assembly. Decisions made by a full [Illegible Text] not to be reversed, overruled or changed by the Court Such decisions to have the force of statuted 2. SEC. II. Repeals conflicting laws. Approved December 9, 1858. (No. 63.) An Act to repeal a part of the fifth section of the act, approved Dec. 10 th, 1845 * * See Cobb N. D. page 450. , entitled An act to carry into effect that part of the first section of the third article of the Constitution, which requires the establishment of a Supreme Court, for the correction of errors, and to organize the same, and to regulate the proceedings thereof. 3. Section I. Be it enacted, That so much of said recited section as requires the decisions of the Supreme Court to be delivered or written out by the Judges of said Court, seriatim, except in cases where they are unanimous, be and the same is hereby repealed. Decisions of Supreme Court not to be written seriatine. 4. SEC. II. Repeals conflicting laws. Approved Dec. 11th, 1858. (No. 64.) An act to amend the acts in relation to taking cases to the Supreme Court. * * For previous legislation on the subject, see Cobb N. D. p. 418, acts 1851-2 p. 214 and 215, acts of 1855-6 p. 199. 5. Section I. Be it enacted, That if in any case which has arisen or may hereafter arise, the Judge before whom said case was tried, shall by reason of absence from the State, death, sickness or other providential cause, be prevented from signing and certifying a bill of exceptions, the affidavit of the Attorney for the plaintiff in error and other credible persons, within three months from the trial of such case, to the truth of the bill of exceptions, or the agreement of the parties or their counsel thereto, shall be a sufficient authentication of such bill of exceptions; and it shall be the duty of any Judge of the Superior Court, on being presented with such bill of exceptions as authenticated, to issue the order to the Clerk of the Superior Court where such case was tried, to send the case to the Supreme Court which shall next succeed the issuing of such order, which shall sit for the hearing of causes for the district to saidSuperior Court belongs; and such order of such Judge shall be the writ of error in such case. Writs of error how issued in certain cases, and case carried to Supreme Court 6. Sec. II. Repeals conflicting laws. Approved Dec. 11, 1858 Notes of Decisions of the Supreme Court. 1. A demurrer to a bill brought in Baker county, was, by consent of counsel, argued in Dougherty county. The judgment was rendered there, the Judge directing the clerk of Dougherty to trans nit the decree, together

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with all the papers of the case, back to the clerk of Baker Superior Court c. Held that the writ of error, should be sued out in Baker county, and the record made out and transmitted to this Court, by the clerk of that county, and not of Dougherty. 21 Ga, p. 125. 2. Under the act of January 1852, when a cause is sent back to the Superior Courts by the Supreme Court, Held that a party is entitled to one continuance only under the act. 21 Ga, p. 581. 3. Questions that have been directly made and solemnly ajudicated by this Court, between the same parties cannot be brought up on another writ of error for reviewal. 1b. 4. The Bill of exceptions must show that the decisions complained of, were actually made, and the only proof of the fact is the certificate of the presiding Judge. 22 Ga, p. 168. 5. The presumption is, that the judgments of the Superior Courts are right, and the onus is upon the plaintiff in error, to make it appear otherwise. 1b. 6. When the fact appears only in the rule nisi for a new trial, that the Court refused to charge as requested, and the rule is disallowed by the Court, without stating the grounds, it is no evidence of the fact recited in the rule nisi, especially when the Judge certifies that he gave the charge stated in the rule, but is silent as to his refusal to charge. 1b. 7. When the decision of the Court in refusing a continuance is excepted to, the grounds of the motion must be stated. 22 Ga. p. 402. 8. This Court will not pass its judgment on an exception that the presiding Judge in the Court below does not admit to be correctly stated. 22 Ga. p. 499. 9. If an exception be not taken at the trial, it cannot be heard in this Court. 22 Ga. p. 574. 10. This Court will reluctantly interfere, if at all, to disturb proceedings in Superior Courts, which took place before its organization, and which were in conformity with the practice which prevailed at the period when they were had. 23 Ga. p. 504 11. Where the judgment of the Court below is not excepted to generally, but upon grounds which are specified, the bill of exceptions cannot be amended so as to include other grounds, upon the hearing of the cause. 24 Ga. p. 17. But see 23 Ga. p. 371. 12. The packet containing the bill of exceptions and transcript of the record, need not be transmitted under seal by the Clerk of Superior to Clerk of Supreme Court. 24 Ga. p. 59. 13. If the clerk of the Superior Court certify that the above and foregoing is a correct and true copy from the records in my office, of the foregoing stated case, it is sufficient, and he need not use the words complete ranscript. 1b. 14. If eleven days intervene between the signing of the bill of exceptions, and filing them with the clerk, it is a substantial compliance with the act of 1856, not withstanding more than ten days elapsed from the acknowledgment of service and filing the bill of exceptions. 1b. 15. Writs of error founded on a judgment granting a continuance, will in future be dismissed; as in such cases, any judgment of reversal, must of necessity be futile. 24 Ga. p. 169.

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II. SUPERIOR AND INFERIOR COURTS. ART. I. SESSION OF COURTS. ART. II. ACTION, PROCEEDINGS THEREIN, c. ART. III. EXECUTIONS. ART. IV. INTEREST, ART. V. LIEN. SEC. 7. Sessions and adjournment of Glascock Sup'r Court legalized. SEC. 8. Times fixed for holding Glascock Superior Court. SEC. 9. Times fixed for holding Wayne Superior Court. SEC. 10. Times fixed for holding Wayne Inferior Court. SEC. 11. When act is to take effect. SEC. 12. Repealing clause. SEC. 13. Inferior Court of Clinch, when held. SEC. 14. Repealing clause. SEC. 15. Sessions of Superior Courts of Taliaferro legalized. SEC. 16. Inferior Courts of Charlton and Gordon, when held. SEC. 17. Parties, witnesses, c., required to attend. SEC. 18. Repealing clause. SEC. 19. Inferior Court of Forsyth county, when held. SEC. 20. Inferior Court of Cherokee county, when held. SEC. 21. Repealing clause. SEC. 22. Inferior Court of Walker, when held. SEC. 23. Repealing clause. SEC. 24. Superior Courts in Lumpkin, when held, and may sit two weeks. SEC. 25. Jurors, witnesses, c., required to attend. SEC. 26. Processes returnable accordingly. SEC. 27. Jurors heretofore drawn to serve. SEC. 28. Two panels of Jurors to be hereafter drawn. SEC. 29. Repealing clause. SEC. 30. Superior and Inferior Courts of Sumter, when held, c. SEC. 31. Superior Courts of Chattahoochee, when held. SEC. 32. Repealing clause. SEC. 33. Inferior Courts of Baldwin, when held. SEC. 34. Superior Courts of Columbia, Washington, Emanuel, Sereven, Jefferson, Richmond, and Burke, when held. SEC. 35. Superior Courts of Muscogee, when held. SEC. 36. Superior Courts of Terrell, when held. SEC. 37. Processes c., returnable accordingly. SEC. 38. Repealing clause. SEC. 39. Superior Courts in Baker and Mitchell, when held. SEC. 40. Superior Court of Jefferson may be held two weeks. SEC. 41. Superior Court of Webster, when held. SEC. 42. Inferior Court of Muscogee, when held. SEC. 43. Superior Court of Dougherty, when held. SEC. 44. Superior and Inferior Court of Heard, when held. SEC. 45. Voters of Baker to decide question of removal. SEC. 46. How present site is to be made permanent. SEC. 47. Duty of commissioners if removal prevails; oath, c. SEC. 48. Commissioners to lay off new county site. SEC. 49. Inferior Court to erect new public buildings, SEC. 50. Commissioners to sell old public buildings. SEC. 51. Courts, and Sheriff's sale held at Newton ad interim. SEC. 52. Extra tax levied. SEC. 53. Commissioners to assess depreciation of lands in Newton, SEC. 54. Repealing clause. SEC. 55. Inferior Court of Ware, when held. SEC. 56. Repealing clause. SEC. 57. Superior and Inferior Courts of Schley when held. SEC. 58. Repealing clause. SEC. 59. Inferior Courts of Appling when held. SEC. 60. Repealing clause. SEC. 61. Judges of Superior Courts to hold adjourned terms. SEC. 62. Juries to be drawn for adjourned term. (No. 65.) An act to legalize the time of the sitting of the Superior Court of the county of Glascock, and also to make legal the adjournment of said Court, and to change the time for the holding of the same. Whereas, the Judge of the Superior Court of the Northern Circuit

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was required to hold said Court on the same day that he was also required to hold Court in the county of Taliaferro; and whereas, the Spring Term of the Superior Court of Glascock county was adjourned to another time, in consequence of such conflict, and was also adjourned for the Fall Term to be held on the third Monday in November; now, Preamble. Session and adj'nment of Glasscock C't legalized 7. Sec. I. Be it enacted, That the time of holding of the Spring Term of the Superior Court of Glasscock county for the present year, is hereby made as legal and valid as if the same had been had and held when appointed by law; and that the adjournment of said Court at the Fall Term thereof of the present year be, and the same is hereby legalized and declared to be valid. Time fixed for holding Glasscock Superior Ct. 8. Sec. II. Be it further enacted, That the time for holding the Superior Court for the county of Glasscock, from and after this year, shall be on the third Monday in the months of February and August. Approved Nov. 11, 1858. (No. 66.) An Act to change the time of holding the Superior and Inferior Courts of the county of Wayne. 9. Section I. Be it enacted, That from and after the passage of this Act, the Superior Courts of the county of Wayne, shall be held on the Thursday after the third Monday of April and October of each and every year; and that the jurors drawn and summoned to the February Term of said Wayne Court 1859, stand over to April Term. Superior Ct. when held. Jurors. 10. Sec. II. And be it further enacted, That after the first day of January next, the Inferior Court of said county of Wayne, shall be held on the third Mondays in January and July. Inferior Ct. when held. 11. SEC. III. And be it further enacted by the authority aforesaid, That the first section of this act shall not commence to operate until the first day of June next. 1st section of Act not to take effect till 1st June, 1859. 12. Sec. IV. Repeals conflicting laws. Approved, 3d December, 1858. (No. 67.) An Act to change the time of holding the Inferior Courts in the county of Clinch. 13. Section I. Be it enacted, That from and after the passage of this act, the Inferior Court of the county of Clinch, shall hold their regular Terms on the third Monday in January and July, instead of the second Monday in April and October, as now prescribed by law. Inferior Ct. when held. 14. Sec. II. Repeals conflicting laws. Approved, December 10th, 1858.

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(No. 68.) An Act to legalize the proceedings of the Superior Court of Taliaferro county at the sessions thereof, held on the 4 th Mondays in February and August, A. D. 1858. Whereas, doubts are entertained as to the legality of the proceedings of the Superior Court of the county of Taliaferro, at the sessions thereof, held on the 4th Mondays in February and August, A. D. 1858; therefore, for remedy thereof Preamble. 15. Section I. Be it enacted, That all the proceedings, orders, decisions of the Superior Court of the county of Taliaferro, at the sessions held on the 4th Monday in February and August, A. D. 1858, be, and the same are hereby declared legal and valid; and all laws and parts of laws militating against the same, are hereby repealed, so far as said proceedings are concerned. Sessions of Superior Ct. in 1858 in Taliaferro co. made valid. Approved, December 11th, 1858. (No. 69.) An Act fixing the time of holding Inferior Courts in the counties of Charlton and Gordon. 16. Section I. Be it enacted, That from and after the passage of this Act, the Inferior Courts of the counties of Charlton and Gordon, shall hereafter be held on the first Monday in February, and the first Monday in September, in each and every year, until this Act shall have been repealed. Inf. Courts when held in Charlton and Gordon counties. 17. Sec. II. And be it further enacted, That all persons subpoenaed, or bound as suitors, witnesses, or in any other capacity, to attend said Inferior Courts at the time which by the law now in force, they are holden, and shall be bound by said bond, summons, subpoena or other process heretofore issued, to attend said Courts at the time prescribed in this Act. Parties, witnesses, etc. must attend said Courts as changed. 18. Sec. III. Repeals conflicting laws. Approved, 11th December, 1858. (No. 70.) An Act to change the times of holding the Inferior Courts of the counties of Forsyth and Cherokee. 19. Section I. Be it enacted, That the Inferior Courts in the county of Forsyth, be so changed after the next regular term, that they be held on the third Mondays in May and November, in each and every year, and every year thereafter, until they are otherwise changed by law. Inferior Ct. when held in Forsyth county.

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20. Sec. II. And be it enacted, That the Inferior Courts of the country of Cherokee, be held on the second Mondays in June and December, in each and every year. When held [Illegible Text] Cherokee [Illegible Text] 21. Sec. III. Repeals conflicting laws. Approved, December 11, 1858. (No. 71.) An Act to change the times of holding the Inferior Courts of the county of Walker. 22. Section I. The General Assembly do enact, That from and after the passage of this Act, the Inferior Courts of the country of Walker, be held on the fourth Mondays in February and August, instead of being held on the third Mondays in January and July, as now held. [Illegible Text] Ct, [Illegible Text] Walker [Illegible Text] [Illegible Text] [Illegible Text] 23. Sec. II. Repeals conflicting laws. Approved, December 11, 1858. [No. 72.] An act to change and fix the time of holding the Superior Courts of the county of Lumpkin, and to authorize the drawing and summoning of two panels of Grand and Petit jurors for said courts, and for other purposes. 24. Section 1. Be it enacted, That from and after the passage of this act, the Superior Courts of the county of Lumpkin shall be held on the fourth Mondays in January and July of each and every year, and shall continue for two weeks if the business of the Court require it. Sup. Cts. in Lumpkin co. when held. May be held two weeks. 25. Sec. 2. And be it further enacted by the authority aforesaid, That all person subp[oelig]naed, summoned or bound as witnesses, suitors, jurors, or in any other capacity whatever, to attend said Court at the time prescribed by the law now in force for said Superior Court to be holden, shall, and they are hereby requested and bound by virtue of said summons, subp[oelig]na, bond or other process, to attend said Court at the time specified in this Act. Jurors, witnesses, c., to attend Cts as changed. 26. Sec. III. And be it further enacted by the authority aforesaid, That all bills, writs, precepts and processes, and other proceedings whatsoever heretofore or hereafter issued and returnable to the times of holding said Superior Courts as now fixed by law, shall be considered and held as returnable to the times of holding said Court as fixed and regulated by this Act. Writs, etc., returnable to Cts. as [Illegible Text] 27. Sec. IV. And be it further enacted by the authority aforesaid, That the Grand and Petit Jurors drawn at the last term of said Superior Court, shall be requested to serve two weeks (if necessary) at the next term of said Court. Jurors heretofore drawn to serve two weeks, if necessary. 28. Sec. V. And be it further enacted by the authority aforesaid, That at the next term of said Superior Court, and thenceforward, the Judge of said Court is hereby authorized and required to award

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two panels of Grand and Petit jurors to serve at each term of said Court. The first panels drawn shall be summoned to attend and serve during the first week of said Court, and the second panels shall be summoned to attend and serve the second week of said Court. Hereafter 2 panels of jurors to be drawn for each term. 29. Sec. VI. Repeals conflicting laws. Approved 11th December, 1858. (No. 73.) An act to alter and change the times of holding the Superior and Inferior Courts of the county of Sumter; and the Superior Courts in the county of Chattahoochee. 30. Sec. I. Be it enacted, That from and after the passage of this act, the Superior Courts of the county of Sumter shall be held on the second Monday in April and October of each year; and the Inferior Courts of said county shall be held on the third Mondays in January and July of each and every year; and all parties, and witnesses, and jurors summoned to appear at said Courts as now held, shall appear at the times fixed by this Act; and all writs, processes, and other judicial proceedings now sued out returnable to the times fixed now by law for holding said Courts, shall be held and taken returnable to the times fixed by this Act for holding said Courts. Sumter Sup Cts. when held. Inf'r Cts. when held. Parties and witnesses to attend Cts. as changed. Writs, etc., returnable to Cts as ch'd. 31. Sec. II. And be it further enacted by the authority aforesaid, That the Superior Courts of Chattahoochee county shall be held on the third Mondays in May and November. Sup'r Cts in Chatta'chee co when hi'd 32. Sec. III. Repeals conflicting laws. Approved 11th December, 1858. (No. 74.) An act to change the times of holding the Inferior Courts of the county of Baldwin. 33. Sec. I. The General Assembly do enact, That the regular terms of the Inferior Court of the county of Baldwin be, and the same are hereby changed from the second Mondays in May and November, to the third Mondays in May and November, of each year. Inf'r [Illegible Text] In Baldwin co. when [Illegible Text] Approved 11th December, 1858. (No. 75.] An act to prescribe the times of holding certain Superior Courts of this State. 34. SEC I. Be it enacted, That from and after the first day of January,

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eighteen hundred and fifty-nine, the following Superior Courts in the Middle Circuit shall be holden as follows, viz: In the county of Columbia, on the 1st Monday in March and September; in the county of Washington, on the 2d Monday in March and September; in the county of Emanuel, on the 4th Monday in March and September; in the county of Screven, on the 2d Monday in April and October; in the county of Jefferson, * * For further act relating to Jefferson Superior Court, see Section 4. on the 3d Monday in April and October; in the county of Richmond on the 4th Monday in April and October; in the county of Burke, on the 4th Monday in May and November. Sup'r Cts. when held in the counties of Washington, Emanuel, Screven, Richmond and Burke. 35. Sec. II. And be it further enacted, That the Superior Court in the county of Muscogee, For inferior Court of Muscogee, see Section 42. in the Chattahoochee Circuit, shall be held on the 4th Monday in May and November, instead of the 3d, as now exists by law. Sup. Cts. in Muscogee co when held. 36. Sec. III. And be it further enacted by the authority aforesaid, That the Superior Courts of the county of Terrell shall be held on the 4th Monday in May and November. Sup. Cts in Terrell co., when held. 37. Sec. IV. And be it further enacted. That all processes, business and proceedings pending in, or returnable to any of said Courts, shall be acted on and cognizable in said several Courts at the times specified for holding the same, as if they were returnable to said specified terms. Processes etc., returnable to said Cts. as altered. 38. Sec. V. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 76.) An act to change the times of holding the Superior Courts of the counties of Baker and Mitchell; to authorize the Judge of the Superior Court of Jefferson to hold Court two weeks; to change the time of holding the Superior Courts of Webster county, and the Inferior Court of Muscogee county; the Superior Courts of Dougherty county, the Superior Courts of Heard county; and to provide for the location of a new county site in certain contingencies in the county of Baker; to dispose of the present public buildings, and to levy an extra tax, c. 39. Sec. I. Be it enacted, That from and after the passage of this act, the time of holding the Superior Courts of the counties of Baker and Mitchell shall be changed, and that said Courts for the county of Mitchell shall be held on the second Monday in May and November; and for the said county of Baker on the third Monday in May and November of each and every year; and that each of said Courts shall be entitled to hold for one week. Sup. Cts in Baker and Mitchell, when held. 40. Sec. II. And be it further enacted, That the Judge of the Superior Court in Jefferson county shall have the authority, and he is hereby authorized hereafter, to draw, or cause to be drawn, from the Grand and Petit jury boxes, and empanel, two sets of Grand and Petit jurors; and hold Court two weeks in said county, whenever he may deem it necessary. Judge Sup. Ct. may hold two weeks in Jefferson. Inf. Ct. of Webster when held. 41. Sec. III. Be it enacted, That the Superior Courts of Webster county shall be held on the second Mondays in March and September.

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42. Sec. IV. And be it further enacted, That the times of holding the Inferior Court in the county of Muscogee be changed from the second Mondays in February and August to the second Mondays in March and September in each and every year. Inf. Ct. of Muscogee. when held. 43. Sec. V. And be it further enacted, That the Superior Courts of the county of Dougherty shall hereafter be held on the first Monday in June and December in each and every year. Sup. Cts. of Bougherty, when held. 44. Sec. VI. And be it further enacted, That the sessions of the Superior Courts of Heard county shall be held on the first Mondays in April and October, and that the Inferior Courts of said county shall be held on the second Mondays in May and November. The first session of the Superior Court to be held under this Act, shall be on the first Monday in October, 1859, and the first session of the Inferior Court under it, shall be on the second Monday in May next thereafter; provided that this Act shall not in any way interfere with the sessions of the Superior Court to be held under the Acts now of force between this and the 1st Monday in October, 1859. Sup. and Inf Cts of Heard when held. 45. Sec. VII. And be it further enacted, That an election shall be held at the various places for holding elections in Baker county for members of the Legislature on the 1st Monday in January, eighteen hundred and fifty-nine, when the voters of said county entitled to vote for a Representative of the General Assembly shall then and on that day vote upon the question of removal of the county site of said county of Baker, for removal or no removal; those in favor of removal, to vote for five Commissioners; which said election shall be conducted in the same manner as elections for members of the Legislature, and the Superintendents at the several precints, shall meet on the next day after said elections, at the place of holding the Superior Court in said county, and consolidate the votes polled; and if there should be a majority voting for said five Commissioners, the said Superintendents shall, within ten days after said election, notify the persons so chosen of their election; and the said Commissioners, or a majority of them, shall constitute a board capable of selecting a site for the location of said new Court House. Voters of Baker to decide question of removal. 46. Sec. VIII. And be it further enacted, That, in the event a majority of the voters in the election aforesaid shall decide against removal, then the present county site shall be considered the permanent site for the public buildings. How present site is to be made permanent. 47. Sec. IX. And be it further enacted, That, in the event a removal shall prevail in the election of said five Commissioners, the said Commissioners, or a majority of them, shall meet at the Court House on or before the 1st Monday in February thereafter, and together or separately, subscribe the following oath before a Justice of the Peace, or a Justice of the Inferior Court of said county, towit: I do solemnly swear or affirm (as the case may be) that I will well and truly discharge the duties of Commissioners as contemplated by this Act, to the best of my ability; so help me God; and the said Commissioners, or a majority of them, shall, on or before

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the first Monday in April thereafter, agree upon and designate a suitable place for the permanent location of a Court House of said county, on the centre lot of said county as near as can be ascertained, or on the nearest eligible lot thereto, and shall purchase, or receive by donation, a sufficiency of land to locate said site or Court House and other public buildings for said county of Baker. If removal prevails, duty of Commissioners. 48. Sec. X. And be it further enacted, That the said Commissioners, after having obtained a sufficiency of land as aforesaid, shall proceed to lay off, or cause to be laid off, such number of lots, as they in their judgment, may deem proper and suitable for a village, and shall sell the same, at such time, and on such terms, as they deem best for the interest of the county; which sale shall be at public outcry, after advertisement of at least one month in one or more public gazette. Comm'rs to lay off new county site. 49. Sec. XI. And be it further enacted, That the Justices of the Inferior Court shall immediately thereafter, cause to be erected at said county site, selected as aforesaid, a Court House and jail. Inf. Ct. to erect new public buildings. 50. Sec. XII. And be it further enacted, That the Commissioners aforesaid, in case of removal, shall sell at such times and on such terms as they may think best for the interest of the county, the present county buildings in the town of Newton; and turn over the proceeds of the sale, together with the proceeds of the sale of lots of the new county site, to the Justices of the Inferior Court of said county. Comm'rs to sell old public buildings. 51. Sec. XIII. And be it further enacted, That the Superior and Inferior Courts, Courts of Ordinary, County Courts and Sheriff sales, shall be held at the Court House in Newton until a suitable place for holding said Courts is provided at the new county site herein contemplated. Cts and sheriff's sale to be held at Newton ad interim. 52. Sec. XIV. And be it further enacted, That the Justices of the Inferior Court of Baker county, to the end that the provisions of this Act may be carried out in the contingencies named, may be allowed to levy and collect an extra tax, not to exceed one hundred per cent. on the State tax. Extra tax may be levied. 53. Sec. XV. And be it further enacted, That in the event of the election of the five commissioners aforesaid, it shall be their duty to ascertain the value of the town property in the town of Newton, (the same to be fixed at the amount the owners thereof placed upon it in their tax returns for 1858,) and then assess the amount of depreciation of said town property because of the removal of said county site; and the said Commissioners shall execute to the owners of said town property a certificate declaring the damage thus sustained; which said certificate shall become a debt against the county Treasury of said county. Payment of depreciation in v alue of town property in Newton, prov'd'd for, in case of removal. 54. Sec. XVI. Repeals conflicting laws. Approved 11th December, 1858.

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(No. 77.) An Act to change the time of holding the Inferior Courts of Ware county. 56. Sec. I. Be it enacted, That the times of holding the Inferior Court of Ware county, shall be changed from the fourth Mondays in April and October, to the third Mondays in June and December, of each year. Inf. Ct. in Ware co. when held. 57. Sec. II. Repeals conflicting laws. Approved December 13, 1858. (No. 78.) An Act to change the time of holding the Superior and Inferior Courts of Schley county. 58. Sec. I. Be it enacted, That from and after the passage of this Act, it shall be the duty of Schley county to hold her Superior Courts on the fourth Monday in April and October; also her Inferior Courts on the fourth Monday in January and August. Sup. and In. [Illegible Text] when held in Schley co. 59. Sec. II. Repeals conflicting laws. Approved 13th Dec., 1858. (No. 79.) An Act to change the times of holding the Inferior Courts of the county of Appling. 60. Sec. I. Be it enacted, That the regular Terms of the Inferior Court of the county of Appling shall hereafter be held on the first Mondays in June and December. In. Ct. when held in Appling co. 61. Sec. II. Repeals conflicting laws. Approved Dec. 13th, 1858. (No. 80.) An Act to compel Judges of the Superior Courts of each Circuit in the State, to hold adjourned terms in every county within their Circuit, where the business requires, until the docket is cleared, and for other purposes. 62. Sec. I. Be it enacted, That from and after the first day of January next, it shall be the duty of every Judge of the Superior Court to hold an adjourned Term in every county within their respective Circuits, where the business requires, to clear the docket. Judges of Sup. Cts. to hold adj'ned terms till dockets are cleared. 63. Sec. II. And be it further enacted, That at the regular term of the Court where an adjourned Term is required, Juries shall be drawn for the adjourned Term, and at the adjourned Term for

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the next regular Term; and all laws militating against this Act shall be, and the same are hereby repealed. Juries, wh'n drawn. Approved 11th Dec., 1858. Notes of Decisions of Supreme Court. 1. The establishing of seats of Justice, is matter of political arrangement or expendiency, and in such matters one Legislature has no right to bind all subsequent ones. Therefore an Act making permanent a county site did not amount to a valid and binding contract with those who owned or might purchase real estate at said county site, that the seat of justice should never be removed. 17 [Illegible Text] p. 56. 2. Commissioners to select and locate a county site, are made the agents of the Legislature to perform an act of political arrangement; and for that purpose are clothed with the sovereign authority. In its performance, their discretion cannot be controlled by the Courts, unless they violate private rights; but the correction must be left to the Legislature. Ibid and p. 612. ART. II.ACTIONPROCEEDINGS THEREIN, c. Sec. 64. Act of 19th Dec. 1818, amended so as to include debts against corporations. Sec. 65. Auditors may be appointed in certain equity causes. Sec. 66. Writs of certiorari extended to possessory warrant cases. Sec. 67. Service, how perfected on non-resident defts. in scire facias cases. Sec. 68. Cost of publication to be paid by deft. Sec. 69. Writs of Certiorari must be applied for within 3 months after decision made. (No. 81.) An Act to amend an Act pointing out the mode of collecting a certain description of debts therein mentioned, approved Dec. 19 th, 1818, * * See Cobb N. D. page 483, section 100. and to extend the provisions of the same as to embrace Corporations. 64. Sec. I. Be it enacted, That the said recited Act be, and the same is hereby so altered and amended as to embrace debts against Corporations as well as joint obligors and joint promissors; and that in all such cases, the Plaintiff may at his election, sue at law, the surviving copartner or copartners, or the representative of the deceased copartner or copartners, or all, in the same action, subject to the proviso in said Act mentioned. Act of 19th Dec. 1818, amended so as to include debts against corporati'ns. 65. Sec. II. Repeals conflicting laws. Approved 11th Dec., 1858. (No. 82.) An Act for the appointment of Auditors in certain cases. 65. Sec. I. Be it enacted, That in all cases now pending on the equity side of the Superior Courts, or which may be hereafter brought, involving matters of account, and which cannot be properly investigated by a jury, either party to such case may, upon application to the Superior Court when in session, or to the presiding Judge thereof in vacation, have an Auditor appointed by said Court or Judge, to investigate the matters of account, ascertain how they stand, and report the result thereof, with a full and clear statement

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of the whole, to the Court; which report shall under the direction of the Court, be submitted as evidence to the Jury, but not to be conclusive on either party; and the whole cost of preparing said report to be settled by the Court, and paid for by the person applying for the report, unless the Court, by its judgment, shall decide that other parties to the case, shall pay the whole, or a part of the same; the said Court being hereby authorized to so decide, and to proportion the part to be paid and to settle the whole of said expense according to justice. InEq. caus's involving matters of acc't either party may apply to Judge for appointment of an Auditor. Report of Auditor to be submitted as evidence, but not as conclusive. Cost to be settled by Ct. and paid for by applicant unless Ct. shall determine otherwise. Assented to Dec. 13, 1858. (No, 83.) An Act to extend the writ of certiorari to possessory warrants. * * See Cobb N. D. p. 523, 528 and 529, and Acts of 1857, p. 104 and 105. 66. Sec. I. Be it enacted, That from and after the passage of this Act, the writ of certiorari shall, at the option of any person, be extended to all possessory warrants: Provided the applicant give bond and security, and do and perform all other acts now required by law in relation to certiorari. Writs of certiorari [Illegible Text] to possessory warrant cases. 67. Sec. II. Repeals conflicting laws. Approved Dec. 11th, 1858. (No. 84.) An Act to prescribe the mode of perfecting service and to regulate the proceedings in cases of scire facias, on non-residents. Whereas, It frequently happens that persons becoming bail for defendants remove from this State before judgment on said scire facias, and there being no mode by the laws of this State to perfect service on such bail, for remedy whereof, [Illegible Text] 68. Sec. I. Be it enacted, That from and immediately after the passage of this Act, writs of scire facias may be served in all bail cases on non-residents, by public notice in a newspaper in which the Sheriff sales of the county are published, for thirty days. Service how perfected on non-resid'ts in scire faci's cases. 69. Sec. II. And be it further enacted by the authority aforesaid, That after such publication the plaintiff in scire facias may proceed to judgment thereon as if personal service had been made on the defendant in scire facias, and the cost of publishing said notice be taxed in the bill of cost against said defendants, any law, usage or custom to the contrary notwithstanding. * * For Act which this amends, see Cobb N. D.p. 478, Sec. 86. Cost of publication to be paid by defts Approved Dec. 11, 1858.

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(No. 85.) An Act to alter and amend an Act entitled an Act supplementary to an Act entitled an Act regulating the granting of certioraris and injunctions in this State, passed 29th December, 1838, so far as relates to the time allowed for applying for writs of certiorari. * * For previous legislation on this subject, see Cobb N. D. pages 523 and 524, 528 and 529, and Acts of 1857, p. 104 and 105. Whereas, much delay and inconvenience in the final disposition of causes in the Justices Courts of this State arise from the unreasonable time allowed for making application for writs of certiorari; for remedy whereof, Preamble. 70. Section I. Be it enacted, That the provisions of said recited Act, passed December 29th, 1838, which allows six months within which to apply for writs of certiorari, be so altered and amended as to require parties desiring such writ, to apply for the same within three months after the final determination of the case in the Justices Court. Writs of certiorari must be applied for within 3 months after dec'in made. 71. Sec. II. Repeals conflicting laws. Assented to December 11, 1858 Notes of Decisions of Supreme Court. 1. The effect of a certiorari is to stop the case at the stage the case is at when the certiorari is served on the magistrate; not to move the case backward. 20 Ga. p. 77. 2. The writ of certiorari lies to Justices of the Peace that sat as a Court to try a case of forcible entry and detainer. Ib. 3. That the affidavit in support of a petition for a certiorari is insufficient, is no ground for dismissing the certiorari on a motion made after the certiorari has been answered, if the answer supports the petition. Ib. 4. The Act of 1850, to amend the several laws of this State in relation to writs of certiorari, applies only to the Justices Courts of the several districts in the State. Ib. 5. While the Judiciary Act of 1799, relating to certiorari, contemplates the exceptions to be overruled by the Court, in term time, and not by the individual members, some month or more after the adjournment; still, if the certiorari be granted, and a return made thereto by the proper officer, it is evidence upon which the Judge of the Superior Court may act, especially if the petition for certiorari be sworn to by the attorney of the party. 22 Ga. p. 93. 6. The 54th section of the Judiciary Act of 1799, does not apply to cases in which the error complained of is matter of record. Such cases are governed by the law applicable to them, in force at the adoption of the Constitution of the State. 23 G a. p. 360. 7. When a petition for certiorai has been filed with the clerk, and the evidence makes it doubtful whether or not the writ of certiorari has been annexed, the certiorari should not be dismissed; especially where an order has been taken without objection, for the magistrate to answer over, and the case has been pending in Court, until the six months have elapsed within which another certiorari could have issued. 23 G a. p. 8. 8. In a case of foreible entry and detainer, it is the constitutional writ of certiorari which goes against an inferior judicatory, and not the statutory writ of 1850. 23 G a. p. 227. 9. When the Justices have answered, and the facts are admitted before the Court, it is allowable to amend the writ by adding the mandate, nunc pro tune. Ib. 10. A certiorari may lie under the Constitution and the old law, although not provided for by any Act of the Legislature. 24 G a. p. 379. 11. Certiorari lies for error committed: in habeas corpus case before the Justices of the Inferior Court. Ib. 12. In habeas corpus cases before the Justices of the Inferior Court, the Court does not expire with the delivery of the judgment, but remains in existence, and subject to certiorari. Ib.

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13. It is error in the Court to hear and determine a certiorari six months before the term to which by law it is properly made returnable. 24 G a. p. 418. 14. After judgment has been given against the principal, it is too late for the bail upon scire facias to object that the sum sworn to was double the amount claimed by plaintiff in his declaration. 23 G a. p. 14. 15. Scire facias issued against principal and bail, upon which the Sheriff made the following return: Served the defendant with a copy of the within personally. Ib. Held, that the service was good as to the bail, he having appeared and answered the case. ARTICLE III. EXECUTION. Sec. 72, Execution may issue after entering up judgment, but not to take away right of appeal. (No. 86.) An Act relative to the issuing of executions. 72. Section I. Be it enacted by the General Assembly of the State of Georgia, That in all cases after obtaining a verdict and entering up judgment, plaintiffs may obtain from the proper officer executions on said judgments, upon application for the same; but if the same is obtained before the expiration of the time allowed for appealing from said verdict, the same may be superseded by the defendant in fi. fa. entering his appeal from said verdict on the usual terms and conditions. * * See Cobb N. D. page 491, section 131. Execution may issue after entering up judgment, but not to take away right of appeal. Approved December 11, 1858. 1. Ifa plaintiff in fi. fa. bids off land levied on by his fi. fa., he cannot claim other money until he accounts for his bid. 20 G a. p. 401. 2. Sheriff may take an assignment of an execution from plaintiff. 20 G a. p. 637. 3. A levy on real property is not prima facie evidence of satisfaction of the fi. fa; and although unaccounted for it does not extinguish the debt. 20 G a. p. 676. 4. On an issue as to whether a fi. fa. has been paid off or not, sayings of the defendant against his interest, about matters which tend to show the fi. fa. not paid off, are admissible as evidence for plaintiff in fi. fa. 5. Plaintiff in execution may withdraw it from the Sheriff or the Court, but if he withdraw it when it is entitled to the fund, purchasers bona fide and securities may have am equity against its enforcement against them. 22 G a. p. 34. 6. If a fi. fa. has been issued, it must be returned before the clerk can issue a ca.sa. 22 G a. p. 373.

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ARTICLE IV. INTEREST. 73. Interest allowed on open accountsAccounts when due. (No. 87.) An Act to collect interest on open accounts in this State after they are due, and to fix the time when accounts shall fall due, where the same is not agreed upon by the parties. 73. Section I. The General Assembly of the State of Georgia do enact, That all accounts in this State made after the first day of January next, shall be held and considered as becoming due on the first day of January next after such accounts are made, unless a different day is agreed upon by the parties; and that all accounts after becoming due as aforesaid, shall draw interest, at seven per cent per annum; and shall be placed upon the same footing, as regards interest, that liquidated demands are. * * For Act which this amends, see Cobb N. D. p. 495, section 133. Interest allowed on open ac'cts. When ac'ts considered due. 74. Sec. II. Repeals conflicting laws. Approved December 10, 1858. ART. V. LIEN. Sec. 75. Rule absolute against officer shall bind his property. Sec. 76. Such officer shall have control of such fi. fa. to reimburse himself. (No. 88.) An Act to give to rules absolute against officers in this State a lien upon property, and to give officers the control of executions in certain cases. 75. Section I. Be it enacted, That any rule absolute which has been or may hereafter be obtained against any officer in this State, shall have the same lien upon the property, both real and personal, of the officers, as ordinary judgments at law; and the plaintiffs may have either an attachment or execution issued therefrom, and may have either of said process returned and the other issued at pleasure. A rule absolute against an officer shall bind his property as a judgment would. 76. Sec. II. Be it further enacted by the authority aforesaid, That in all cases where officers have [an officer has] been or may hereafter be compelled to pay money on any execution by rule absolute when he has not collected the same from the defendants, such officer shall have the control of such execution for the purpose of reimbursing

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himself, and [shall!] be subrogated to all the rights of the plaintiffs in execution. * * See Cobb N. W. p. 576, Sec. 371, p. 578, Sec. 380 and p. 579, Sec. 384. Officer shall have control of fi. fa. to reimburse himself. 77. Sec. III. Repeals conflicting laws. Approved, December 11th, 1858. Notes of Decisions of Supreme Court. 1. It is no protection to a Sheriff that he acted under the authority of the agent of the original plaintiff in fi. fa. when it appeared that the fi. fa. had been transferred to anothera fact known to the Sheriff.19 G a. p. 71. 2. A ca. sa. dated so as to bear the teste in the name of one who was not Judge at the time, is not void, but irregular; and a Sheriff will not be protected who refuses to execute it.19 G a. p. 139. 3. It is no excuse for not arresting a defendant in ca. sa. that he has been already arrested and given bond.19 Ga. p. 268. 4. Where a Sheriff has levied a number of fi. fas. and is selling under them all, he is not at liberty to make an arrangement with the plaintiffs in some of the fi. fas, to receive from them, in payment of such of the property as they may buy, something else than cash, unless he has the permission of the plaintiffs in the other fi. fas. 19 Ga. p. 298. 5 Rescue by a mob is no defence to an officer having a party under final process.20 Ga. p. 598. 6. A Sheriff after having retired from office may be ruled.22 G a. p. 476. 7. But he can't move to reinstate a case to which he is no party, which has been dismissed. Ibid. 8. The Sheriff may be ruled, either in the Superior or Inferior Court for money collected on Justice Court fi. fas. The jurisdiction of these Courts being concurrent [Illegible Text] this respect.23 Ga. p. 185. 9. Persons aggrieved by the official misconduct of the Sheriff, must elect to bring their action or proceed by rule. They are not entitled to both remedies at the same time.23 Ga. p. 379. 10. A rule absolute against a Sheriff, is not such a judgment as has a lien on his property, and, as can compete with judgments on verdicts against him, for money raised under those judgments from his property.24 Ga. p. 146. III. COURTS OF A SPECIAL JURISDICTION. * * See Acts of 1857, p. 114. For Act to prescribe the mode and manner of selecting, drawing and summoning tales jurors for the trial of criminal cases, in the Superior Court of the county of Chatham, see County Regulations, Title V, No. 162. CITY COURT OF SAVANNAH. Sec. 1. Parts of Act of 1857, repealed. Sec. 2. Clerk's fees in certain cases. (No. .) An Act to amend an Act, entitled an Act, to amend the various Acts in relation to the City Court of Savannah; to add to the jurisdiction and powers of said Court, and for other purposes therein named, assented to December 22 d, 1857, and for other purposes. Section I. Be it enacted, That from and after the passage of this Act, the 9th, 10th, and 11th, sections of the above mentioned Act, assented to on the 22d day of December, eighteen hundred and fifth-seven, be and the same are hereby repealed. The 9th, 10th and 11th sections of the Act of the 22d December 1857, repealed. Sec. II. And be it further enacted by the authority aforesaid, [That] from and after the passage of this Act, in each and every special or extraordinary case brought before the City Court of Savannah, the Clerk of said Court shall be allowed the following fees: Clerks fees in certain cases.

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For every bill returned by the Grand Jury, or presentment, $1 00 For attending the drawing of each jury and making out venire, 2 00 For every conviction before the Petit Jury, 3 75 Each subp[oelig]na 31 Each original subp[oelig]na, 62 Each certified copy of order of Court and seal, 1 25 Sec. III. Repeals conflicting laws. Assented to Dec. 11th, 1858. TITLE XIX. JUSTICES COURT, AND JUSTICES OF THE PEACE. Section 1. Justices Courts may be held two or more days in each month when business requires it. Sec. 2. Acts of 20 February, 1854, applied to Justices Courts. Section 3. Justices of the Peace hereafter elected, may qualify before any Justice of the Inferior court of the county. (No. 89.) An Act to authorize the Justices of the Peace in any Militia District in this State, to adjourn their Courts from day to day, or to hold Court two or more days, in each month, whenever the business of any of their Courts require it. * * For previous law see Cobb N. D. p. 639, section 6, and page 645 section 21. 1. SECTION. I. The General Assembly of the State of Georgia do enact, That it shall and may be lawful for any Justices Court in this State to hold Court in their respective district, two or more days in each month whenever the business of said Court requires the same, and that the constables sales shall be on the first day of each Court. Justices' Courts may be held two or more days in each month, when the business requires it. 2. SEC. II. Repeals conflicting laws. Approved December 10, 1858.

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(No. 90.) An Act to amend the act to change and simplify the practice and pleading in this State, approved Feb. 20 th, 1854. * * See Acts of 1853-4 page 48. 3. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the passage of this act, that the provisions of the above stated act, so far as relates to the amending of pleading at any stage of the proceedings, shall be extended to the Justice Courts of this State, and that the amendments to pleadings in Justice Courts of this State shall be allowed in the same manner as is now allowed in the Superior Courts. Act of 20 Feb. 1854, extended to Justices Court. Amendment allowed as [Illegible Text] Superior Courts 4. SEC. II. Repeals conflicting laws. Approved December 10, 1858. (No. 91.) An act to authorize any Justice of the Inferior Court of the county to administer the oath of office to Justices of the Peace. * * There is no form of an oath prescribed by our statute, nor is there any statute which requires the dedimus to any particular officer or officers. 5. Sec. 1. Be it enacted, That all Justices of the Peace who may be hereafter elected in this State, may take the oath of office before any Justice of the Inferior Court of the county for which they may have been elected; and the Governor is hereby authorized to issue his dedimus potestatem accordingly. Justices of the Peace, hereafter elected, may qualify be fore any Justice of the Inferior Court of the county. 6. Sec. II. Repeals. conflicting laws. Approved December 11, 1858. Notes of Decisions of Supreme Court. 1. A Justice of the Peace, removing from his district, vacates his office. 20 Ga. p. 746. 2. Justices of the Peace are not bound to give the law of a case on a trial before a jury in their Courts, in charge. 21 Ga. p. 192. 3. Issues in Justices Courts made up on the return of the garnishee, are to be tried by a jury. 22 Ga. p. 618. 4. An attachment in a Justices Court may belevied on any debt due to the debtor, even on one exceeding thirty dollars in amount. Ibid.

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TITLE XX. LAND. ART. 1. HEAD RIGHTS. Section 1. Provision for paying for consolidated Index to colonial Head Right Grants. Section 2. Laws relating to Head Right Grants repealed as to Washington county. (No. 92.) An Act to allow compensation for the consolidated index of plats to Colonial and Head Right Grants in the Surveyor Generals office. 1. SECTION 1. Be it enacted, That when the consolidated index of plats to Colonial and Head Right Grants is completed, and duly certified to as a correct and full index, from the year 1737 to the year 1858, the Governor is hereby authorized to appoint three or more disinterested and suitable persons to examine and report on the manner in which the work is done and the value of the same, and if he approves the judgment of said committee, he shall draw his warrant in favor of the persons executing the same for the amount so reported and agreed upon, as a proper compensation for his labor. Governor to appoint three persons to examine, consolidated index to colonial Head Right Grants And to draw warrant for payment of the same. Approved Dec. 11th, 1858. (No. 93.) An Act to repeal all laws relating to head rights, so far as they apply to Washington county. Whereas, there is little, if any ungranted land now in the county of Washington, and whereas the most of the land was granted prior to the year 1800. In many cases the original grants have been lost and the names of the grantees forgotten, the lands divided and passing from generation to generation and from individuals to individuals, without reference to the boundaries of the original grants. And whereas most of the records of the deeds in said county, which deeds in many cases referred to the names of the original grantees, have been burned, so that it is difficult, and in many cases impossible, to trace up and locate the grants to much of the land therein; and whereas the claim for head rights are productive of much trouble and litigation, for remedy whereof, Preamble.

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2. Sec. I. The General Assembly of the State of Georgia do enact, That all laws and parts of laws authorizing the issuing of land warrants, and the taking up and granting lands under head rights so far as they relate to Washington county, be and the same are hereby repealed; provided, that this act shall not operate upon any claim commenced or case pending in any of the Courts of said county. * * For acts which this repeals see Cobb N. D. p. 660. Washington county exempted from laws relating to granting lands under Head Rights. Proviso. Assented to December 14, 1858. TITLE XXI. LAWS. Sec. 1. Election of 3 commissioners to codify the laws. Sec. 2. Code to embrace Common Law, Constitution of State and Statutes, on plan of Alabama Code. Work to be done in 20 months and reported to General Assembly in 1860. Sec. 3. Commissioners' compensation and how vacancies are to be filled. (No. 94.) An Act to provide for the codification of the laws of Georgia. 1. Sec. I. The General Assembly of Georgia do enact, That on Friday, the tenth day of December, of the present year, an election shall be had by joint ballot of both Houses of the present General Assembly, for three Commissioners to codify the laws of Georgia. Election for Comm's to codify laws. 2. Sec. II. And be it further enacted, That it shall be the duty of said Commissioners to prepare for the people of Georgia a Code, which shall as near as practicable, embrace in a condensed form, the Laws of Georgia, whether derived from the Common Law, the Constitution of the State, the Statutes of the State, the Decisions of the Supreme Court, or the Statutes of England of force in this State; and shall be modeled, if practicable, upon the present Code of Alabama. Said Code shall be completed within twenty months from the passage of this Act; and shall be reported to the General Assembly at its session in eighteen hundred and sixty, in order that when ratified and adopted by them, it may supercede all other laws and decisions and establish fixed and uniform law in the State of Georgia. Comm's to prepare a code from the common law, the constitution of th' State and the statutes. To be modeled on the plan of the Alabama code; work to be done in 20 months. To be rep't'd to General Assembly in 1860.

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3. Sec. III. And be it further enacted, That said Commissioners shall receive an adequate compensation, which shall not exceed four thousand dollars to each Commissioner, for their services; and should a vacancy occur, by death or otherwise, the General Assembly, at their next session after said vacancy occurs, shall elect, by joint ballot, another Commissioner to supply said vacancy. * * For previous legislation concerning the laws, see Cobb N. D. p. 719 to 724; Acts of 1851 and 2, p. 253; Acts of 1853 and 4, p. 77 and 78, and Acts of 1855 and 6, p. 268. Commise'rs' comp'nsat'n not to exce'd $4000 each. Vacancy to be filled by next General Assembly. Assented to Dec. 9, 1858. TITLE XXII. LOTTERIES. Sec. 1. Lotteries and the vending of tickets, prohibited after June 1, 1860. (No. 95.) An Act to repeal all laws and parts of laws authorizing Lotteries in the State of Georgia, and for other purposes. * * See General Laws on Lotteries and Gaming, Cobb N. D. page 725 to 728. 1. Sec. I. The General Assembly of Georgia do enact, That from and after the first day of June, eighteen hundred and sixty, all laws and parts of laws authorizing Lotteries in the State of Georgia, or the vending of Lottery tickets in said State, be and the same are hereby repealed. Laws authorizing Lotteries repealed after 1 June, 1860. Assented to Dec. 11, 1858.

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TITLE XXIII. NAMES CHANGED. Sec. 1. Sec. 3d of Act approved March 6, 1856, amended. Sec. 2. Repeals conflicting laws. (No. 96.) An act to amend the third section of an Act entitled an Act to prescribe the manner in which the names of persons may be changed, and persons born illegitimate may be made legitimate: and to carry into effect the provisions of the Constitution upon that subject; and also to prescribe the manner in which children may be adopted, approved March 6 th, 1856. * * See Acts of 1855 and 6, page 260. 1. Sec. I. Be it enacted, That the third section of the above recited Act shall be amended as follows: That any person desirous of adopting a child so as to render it capable of inheriting his or her estate, or to change the name of such child, may present his or her petition to the Superior or Inferior Court of the county where he or she resides, setting forth [the] name, age and sex of said child, and who is the father of the same, and if no father, who is the mother, and that said father or mother is willing and consents, and if said child has neither father or mother, then the consent of the nearest of kin shall be obtained, if to be found, and if not to be found, then the person wishing to adopt said child shall give public notice in some public newspaper having general circulation, of his or her intention of presenting his or her petition to said Superior or Inferior Court at least six months before the sitting of said Court; and at the expiration of the six months, then, if there be no objection filed in said court to said petition, it shall or may be the duty of said Court, upon being satisfied of the truth of the facts stated in said petition, to pass an order declaring said child to be the adopted child of said person, and capable of inheriting his or her estate, and also declaring what shall be the name of said child; and from thence forward said child shall be known by said name, and shall be the child of the person so adopting it, as to all the legal rights of such child and of the person adopting it, in the same manner, and to the same extent, as if said child was the legitimate child of such persons; except so far, however, that in the event said child should die without marriage, or children, then in that event, the property of said child shall be subject to the law of distribution in this State, without reference to said adopting act; provided, that this Act shall have no retrospective operation or the provisions

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thereof apply in any respect whatever to any case or cases in which the order of adoption was granted previous to its passage. 3d sec. ofs'd act am'nd'd. Child adopted or name changed by petition to Sup. or Inf. Court. Consent of parent or next of kin to be obtained. If no parent or next of kin, publication necessary. 6 months. Crt. to pass order. Child adopted and name changed. If child sh'ld die without heirs, its prop'rty subject to the laws of distribution. Proviso making act prespective. 2. Sec. II. Repeals conflicting laws. Assented to Dec. 10, 1858. TITLE XXIV. PENAL LAWS. AMENDMENTS TO CODE. Sec. 1. Punishment for burglary at night, changed. Sec. 2. Repeals conflicting laws. Sec. 3. Punishment for robbery changed. Sec. 4. Repeals conflicting laws. Sec. 5. In Joint offences one or more to be tried without affecting trial of the rest. Sec. 6. Continuance of one, not to work in favor of the others. Sec. 7. Punishment of voluntary manslaughter changed. Sec. 8. Repeals conflicting laws. Sec. 9. Persons punished for interrupting religious worship, cursing, obscene language or drunkenness. (No. 97.) An Act to alter and amend the fourteenth section of the fifth division of the Penal Code of this State. * * See Cobb N. D. p. 790, section 94. 1. Sec. I. Be it enacted, That from and after the passage of this Act, the fourteenth section of the fifth division of the Penal Code of this State, shall read as follows: Burglary in the night shall be punished by confinement and labor in the Penitentiary for any time not less than four years nor longer than twenty years. 14th sec. of 5th div. amended. Burglary at night. Punishment changed. 2. Sec. II. Repeals conflicting laws. Assented to Dec. 10, 1858. (No. 98.) An Act to alter and amend the second section of the Sixth Division of the Penal Code of this State. * * See Cobb N. D. p. 791, Sec. 96. 3. Section 1. Be it enacted, That from and after the passage of this Act, the second section of the sixth Division of the Penal Code of this State, shall read as follows: Pobbery shall be punished by

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confinement and hard labor in the Penitentiary for any time not less than four years, nor longer than twenty years. 2d sec. 6th Division, amended. Robbery, punishment increased. 4. Sec. II. Repeals conflicting laws. Assented to December 11, 1858. (No. 99.) An Act to alter and amend the fiftieth section of the Fourteenth Division of the Penal Code. * * See Cobb N. D. page 841, Sec. 342, and this same Act passed before. See Acts of 1855-6, p. 266, but designated the Section amended, as fifteenth instead of fiftieth. 5. Section I. The General Assembly of the State of Georgia do enact as follows, Where two or more persons shall be jointly indicted for any offence, the commission of which requires the joint action or concurrence of two or more persons, any one of such persons, or more than one, may be put on trial without putting the other defendants on trial at the same time; and the acquittal or conviction of any one or more of said defendants, shall not operate as an acquittal of any of the other defendants not put upon trial; but they shall be subject to be tried in the same manner as the other defendants. One or more may be tried for offences requiring joint action of two or more. His or their acquittal not to work as acquittal of the rest. 6. Sec. II. The continuance of the case by one defendant, shall not operate as a continuance as to any of the other defendants. All laws and parts of laws to the contrary notwithstanding. Continuance of one, not to work as a continuance of the rest Assented to, December 11, 1858. (No. 100.) An Act to alter and amend the eighth section of the fourth Division of the Penal Code of this State. * * See Cobb N. D. p. 784, Sec. 35. 7. Section I. Be it enacted, That from and after the passage of this Act, the eighth section of the fourth Division of the Penal Code of this State, shall read as follows: Voluntary manslaughter shall be punished by confinement and labor in the Penitentiary for a term not less than one year, nor longer than twenty years. 8th Section 5th Division, amended. Voluntary manslaugh'r punishment increased. 8. Sec. II. Repeals conflicting laws. Assented to, December 13, 1856.

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(No. 101.) An Act to protect Religious Societies in the exercises of their religious duties, and for other purposes. * * For Acts of which this is amendatory, see Cobb N. D. p. 851, Sections 377 to 381. 9. Section. I. Be it enacted, That from and after the passage of this Act, if any person or persons whosoever, shall interrupt, or in any manner disturb any congregation of white persons, assembled for divine service, either by cursing or using profane or obscene language, or being intoxicated, shall be guilty of a misdemeanor; and on conviction of the same, shall be fined in a sum not exceeding fifty dollars, $50, or imprisoned at the discretion of the Court. Persons interrupting Religious worship, by cursing, profane or obscene language or drunkenness Punishment Assented to, December 11, 1858. Notes of Decisions of Supreme Court. 1. If two are jointly indicted and sever, one may place a demand for trial on minutes.20 G a. p. 666. 2. All criminal cases must be tried under the Act of February 28th, 1856, declaring who are qualified and liable to serve as jurors in such cases, whether the offence was committed before or after the passage of this Act.20 G a. p. 682, 742. 3. A defendant is entitled to appear and demand his trial, and have said demand put upon the minutes, notwithstanding the forfeiture of his bond for non-appearance, provided there be a jury in the box qualified to try the cause, when the demand is made.21 G a. p. 148. 4. It is no error that the prisoner should be first called on to answer whether he is ready for trial.21 G a. p. 220. 5. The questions prescribed by the statute to try the competency of jurors to try a particular case, are the only questions proper to be asked them, but those questions may be so varied in form as to enable jurors properly to understand them. Ibid. 6. It is too late to object to the reading to the jury the evidence of a witness taken on a criminal trial, after it has been read, without objection. Ibid. 7. A prisoner is not entitled to a continuance on the ground of surprise, who neglects to procure witnesses whom he knows to have been present at the time the Act was committed for which he was indicted. Ibid. 8. No irregularity in a criminal case, not affecting the real merits of the offence charged in the indictment, is good on a motion in arrest of judgment; all other defects must be taken advantage of by plea, or in some other way, and at the proper time, pending the procceding.22 G a. p. 75. 9. To enforce the payment of a fine, the Court may imprison the defendant; and it is not error to express in the sentence a limit beyond which the imprisonment shall not extend, if the fine is not paid.22 G a. p. 98. 10. It is not error in the Court to inquire of the prisoner or his counsel, if he will [Illegible Text] the arraignment, bill of indietment and list of witnesses. 22 G a. p. 211. 11. If the Court has cause to apprehend that the juror misapprehends the meaning of the statutory questions, propounded for the purpose of testing his indifference, the Court may re-state them to the juror. Ibid. 12. In recognizing the right of the jury to judge of the law as well as the facts, the Court should not do it grudgingly, so as to restrict the jury in the full exercise of their right. Ibid. 13. Jurors must not give their verdicts against the prisoner, without plain and manifest proof of his guilt. This rule implies that where there is a doubt, the consequence should be the acquittal of the party on trial. Ibid. 14. The jury being the judges of the law and the facts, are not bound to go by the charge which the Court makes, as to what is the law, unless the charge truly states what the law is; and whether it does or not, the jury have the right to decide.22 G a. p. 478. 15. A motion to quash an indictment, is a demurrer to the indictment, and must be in writing on the arraignment and before plea pleaded.22 G a. p. 499. 16. When a new county is formed from an old one, and before its formation a crime was committed on the territory taken from the old county, the indictment is correct if it charge that the offence was committed in that portion of the old county which was taken to form the new one.22 G a. p. 515.

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17. The presiding Judge is the trior of the competency of jurors, and his judgment in regard to the competency will be seldom interfered with. Ibid. 18. It is not sufficient to disqualify a person as a juror to prove that he was born without the United States. It must be shown that he has not been naturalized, which may be done by his own oath, or by any competent evidence. Ibid. 19. An indictment is sufficiently technical and correct, if it state the offence so plainly that it may be easily understood by the jury.24 G a. p. 191. 20. Public excitement not sufficient ground to entitle a prisoner accused of felony to a continuance, since the passage of the Act of 1856, in relation to the empannelling of jurors.24 G a. p. 297. 21. The formation and expression of an opinion, from report,, as to the guilt or innocence of a prisoner, does not disqualify a person from serving on his trial, as a juror. Ibid. TITLE XXV. PUBLIC DEBT. * * For Act to provide an annual sinking fund for extinguishment of the Public Debt, see Title XI, Education No. 40, Section 9. Sec. 1. State Treasurer to sign Coupons. Sec. 2. May issue new Bonds with Coupons signed. Sec. 3. Repeals conflicting laws. (No. 102.) An Act to require the Treasurer of this State to sign the Coupons of the old six per cent bonds of this State, for the whole of the interest as it falls due, or to issue new bonds with all the Coupons signed: Whereas, much inconvenience, trouble and expense arise to holders of the old six per cent bonds of the State of Georgia, by reason of the Coupons to said bonds not being signed by the Treasurer, for the whole of the interest thereon, as it falls due, but the holders of said bonds, have to present them to the Treasurer for his signature as the interest falls due. For remedy whereof, Preamble. 1. Section I. Be it enacted, That the Treasurer of this State be, and he is hereby required to sign all the Coupons for interest on the old six per cent bonds of this State now due, or to become due hereafter, and to sign the Coupons of any other bonds for the whole interest to become due thereon. Treasurer to sign Coupons to old 6 per cent Bonds. And of any other Bonds 2. Sec. II. And be it further enacted by the authority aforesaid, The Treasurer of [this?] State may issue new bonds in place of the old six per cent bonds, with Coupons signed for the whole interest as it becomes [due?] if he shall deem it most convenient. He may issue new bonds with Coupons signed. 3. SEC. III. Repeals conflicting laws. Assented to December 11, 1858.

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TITLE XXVI. TAX. Sec. 1. Act of 27th February, 1856, amended so as to authorize Cl'ks Sup. and Inf. Courts to issue certificates to jurors. Sec. 2. Tax Receivers to revise returns and assess value if returned at too low rates. Sec. 3. If Tax payer demurs, to be left to three disnterested persons. Sec. 4. Additional oath of Tax Receiver. Sec. 5. Repealing clause. Sec. 6. Tax Collectors to search out unreturned polls, professions, free negroes, c. Sec. 7. Oath of Tax Collector. Sec. 8. Tax on Lotteries. Sec. 9. Fine on Lottery agencies unauthorized by law. Sec. 10. Tax on foreign Insurance Companies. Sec. 11. Relating to foreign Bank Agencies. Sec. 12. Taxable property to be returned, and oath of Tax payers. Sec. 13. Tax on Railroad Companies, and Express Companies. Sec. 14. Comp. General to employ counsel. Sec. 15. Gov'r to have Tax laws digested. Sec. 16. Repeals conflicting laws. (No. 103.) An Act to amend an Act, entitled an Act, to authorize the Justices of the Inferior Court of the several counties in this State, upon the recommendations of the Grand Juries thereof, to assess and collect a Tax for the payment of Grand and Petit Jurors, and at their pleasure to discontinue and again reassess the same upon said recommendation, approved Feb. 27, 1856. * * For Act which this amends, see Acts of 18556, p. 274. 1. Section I. The General Assembly do enact, That the Act whose title is above recited, be so amended as to authorize the Clerks of the Superior and Inferior Courts of this State, to issue to each of the Grand or Petit or Grand and Petit Jurors of the several counties of this State, whose Inferior Courts have raised or may raise a tax in accordance with the provisions of said Act, a certificate which shall be held and deemed a warrant upon the County Treasury for the amount of money due said Juror, in accordance with the per diem pay fixed by the Inferior Court; and the County Treasurer is hereby authorized and required to pay the same out of the fund raised under the before recited Act; and the Tax Collectors of said counties are authorized and required to collect and pay over said tax so raised, as the county taxes. Cl'ks Sup'r and Inf'r Cts to issue certificates to jurors. County Tr. to pay the same. Assented to December 11, 1858.

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(No. 104.) An Act to make the Receivers of Tax Returns in the several counties of this State, hereafter to be elected, Assessors of Taxes in certain cases hereinafter named, and for other purposes. Whereas, It is evident that there is a large amount of property owned in this State that is returned far below the value thereof, thus depriving the State of a considerable amount of money which would otherwise go into her Treasury, Preamble. 2. Sec. I. Be it therefore enacted, That from and immediately after the passage of this Act, it shall be the duty of each Receiver of Tax Returns in the several counties of this State, to examine carefully each return presented to him; and if, in his judgment, he shall find the property embraced in said return, returned below the value thereof, it shall be his duty to assess the value thereon. Tax Receiv'r to revise returns and assess value, if too small. 3. Sec. II. And be it further enacted by the authority aforesaid, That in case the individual making such return, shall consider the assessment made by the Receiver too large, he shall be permitted to leave it to three disinterested persons, one of whom he shall select, and the Receiver shall select one, and these two shall select a third party, a majority of whom shall determine the amount of assessment on the property embraced in said return. If tax payers demurs, to be left to 3 disinterested persons. How to be selected. 4. Sec. III. And be it further enacted by the aforesaid authority, That, in addition to the oath already to be taken by each Receiver of Tax Returns in each county of this State hereafter to be elected, the following shall be added thereto, viz: I, , of the county of , State of Georgia, do solemnly swear that I will carefully examine each and every return of taxable property in this State made to me, before receiving the same; and will, to the best of my ability, carry out the provisions embraced in this Act. Additional oath of Tax Receiver. 5. Sec. IV. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 105.) An Act to amend the laws in regard to defaulting tax payers, and to prescribe the duty of Tax Collectors in such cases. To change the oath of Tax Collectors. To tax the managers of Lotteries in this State, and to prescribe the forfeiture of the venders of Lottery tickets in Lotteries out of this State, and the manner of collecting the same. The tax on Insurance companies out of the State when agencies are established in this State, and where the taxes shall be paid: duty of Comptroller General in case of failure. Tax on foreign bank agencies established in this State, and duty of Comptroller when they fail to make returns. Explains the advalorem system, and what shall be given in for taxation, and prescribes the oath of tax payers. Railroad companies required to make their returns of taxes to the State Treasurer: time prescribed, and the penalty of failure. The Comptroller General directed to employ other counsel than Attorney General or Solicitors in certain cases, by advice of the Governor, and shall fix the fees. Tax laws to be digested, and printed: duty of Governor and comptroller therein: to be distributed to the Receirers and Collectors of taxes, their duty prescribed, and their successors in office and their duty.

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6. Sec. I. The General Assembly of the State of Georgia doth enact, That from and after the passage of this Act, it shall be the duty of the Tax Collectors of the several counties in this State, after the fifteenth of August in each year, to search out and ascertain, as far as possible, all polls, professions, free persons of color, and all taxable property not returned to the Receiver, or[not?] on his digest. The Collectors aforesaid shall enter said default polls, professions, free persons of color, and taxable property, in a book for that purpose; and shall assess and collect thereon a double tax, and shall pay the same into the Treasury of the State, on his final settlement with the Treasurer, after deducting double commissions for the same; and shall deposit a copy of said book in the office of the Comptroller General; and that in all suits against defaulting tax payers, which may be hereafter instituted in this State, unless the Jury are satisfied that the defendant has been guilty of fraudulent intent in assessing the value of his property, he shall not be held liable to pay the fine or forfeiture provided for in the eighth section of the Act of December 12th, 1804, nor any part thereof. Tax collect's to search out polls, professions and property not returned. To enter the same in a book. To assess double tax. To deduct double commiss'ns. Deposit copy of book with Comp. Gen. In suits ag'st defaulters, Jury to be satisfied of fraudulent intent. 7. Sec. II. Be it further enacted, That in place of the oath now administered to Tax Collectors, they shall take and subscribe the following oath or affirmation: I, A. B., Tax Collector for the county of, do solemnly swear that I will faithfully discharge the duties required of me by law as Tax Collector, and that I will search out and make a true return of all default polls, professions, free persons of color, and all taxable property not found on the Tax Receiver's digest, or not returned to the Clerk of the Superior Court by the fifteenth of August; and that I will pay over all taxes collected by me, as required by law. Oath of tax collector. 8. Sec. III. Be it further enacted, That each manager of any Lottery authorized by the laws of this State, shall pay to the State Treasurer one thousand dollars annually, free of all costs of collection; and in case of failure to pay the same, the said manager, or his agent, shall be subject to the same penalty and collection of taxes as is now provided to defaulting banks. L'ttery managers to pay $1000 peran. tax. 9. Sec. IV. Be it further enacted, That every Agent or other person selling lottery tickets, or other tickets of chance, not authorized by the laws of this State, [shall?] be fined one hundred dollars for each offence, to be sued and recovered in the Superior Courts of this State, in the county where the Agent may reside; or in case of non-residence where the tickets aforesaid were sold, one half to the informer, the other half to the funds of the county where sued. Agts. of Lotteries unauthorized by law, to be fined $100 for each offence. 10. Sec. V. Be it further enacted, That all Insurance Companies out of this State, doing business in this State by Agents or otherwise, shall pay one per cent upon premiums received; and on failure so to make their returns and payments aforesaid, said returns to be made under oath, execution shall be issued, upon information, by the Comptroller General, against the managers, agents, or other

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person or persons managing or acting for said Insurance Company, for the sum of five hundred dollars each, subject to the provisions of the Act of the 19th December, 1817, in relation to defaulting banks. Agts. of foreign Ins. Cos. to pay 1 per cent. on premiums. Upon failure to return under oath, execution to issue from Comp. Gen 11. Sec. VI. Be it further enacted, That the Act approved 3d March, 1856, entitled an Act more effectually to compel the payment of the legal tax heretofore imposed on the agencies of foreign banks, be and the same is hereby repealed; and in lieu of that Act the provisions of an Act to assess and collect a tax for each of the political years 1850 and 1851, and approved 22d February, 1850, in relation to said foreign bank capital, be re-enacted with this addition, to-wit: that upon said failure to make a return as required by said Act, execution shall issue for the sum of two thousand dollars by the Comptroller General, upon information to him; one half to the informer, the other half to the State Treasury. Act of 1856 relating to foreign bank agencies repealed, and act of 1850 re-enacted. And amended so that fi. fa. shall iss'e on failure to make return. And whereas, doubts exist among some tax payers as to what property they are to give in and pay taxes for, under the present advalorem system, 12. Sec. VII. Be it therefore further enacted by the authority of the same, That it is the true intent and meaning of the present law, that bonds, notes or other obligations for money on persons in other States, or bonds of the United States, or of other States, or bonds of Corporations of other States, and shipping at sea, besides the other items mentioned, except land and negroes out of this State, [are to be given in?]; and to insure a more full return of the aforesaid items of property, the following shall be the oath or affirmation administered to tax payers, to-wit: You do solemnly swear or affirm (as the case may be) that the account you now give in, is a just and true return of all the taxable property, including notes, bonds, open accounts or other obligations for money, on persons in other States, or bonds of the United States, or of other States, or bonds of Corporations or Companies of other States, or shipping at sea, which you were possessed of, held or claimed on the first day of April last, or was interested or entitled unto, either in your own right or in the right of any other person or persons whatsoever, as parent, guardian, executor, administrator, agent, trustee, or in any other manner whatsover, and that it is not worth more than the valuation you have affixed to it, to the best of your knowledge and belief, so help you God. B'ds, c. on persons in other States. B'ds of U.S. or other St'ts or foreign corporat'ns and shippi'g at sea, to be returned. Oath of tax payers. 13. Sec. VIII. Be it further enacted, That the several Railroad Companies in this State, now, or that may hereafter be in operation, are hereby required, to make their returns to, and pay to the State Treasurer, in each year, on or before the 31st December, one half of one per cent., upon their net annual income of said Railroads. And upon failure so to make their returns and payments as aforesaid, shall be subject to the provisions of the Act of 1817, in relation to defaulting banks. R. R. Co.s to return to Tr. and pay by 31 Dec. of 1 percent on net income. Penalty on failure. 14. Sec. IX. And that every Express Company doing business in this State, shall be liable to pay a tax of one per cent. upon the gross amount of their profits for each and every year, to be ascertained by the returns of the principal officer of such Company, made and verified in the same manner as other returns of taxable

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property are, by law, required to be made; the said return to be made by said officer to the Receiver of Tax Returns in the counties in the State where such Company have and keep their principal office; and that whenever upon examination of the tax digests returned or filed in the office of the Comptroller General, he shall ascertain that any Express Company, doing business in this State, has failed to make the return as herein required, he shall immediately issue execution against such Company for the sum of ten thousand dollars; which sum it is hereby declared they shall forfeit to the State for such neglect, to be levied and collected by the Sheriffs of this State, upon any property of said Company whatever, in the same manner as other fi fas. issued from the office of the Comptroller General now by law are required to be levied and collected. Exp'ss Compani's to pay tax of 1 per cent. on gr's profits. How obtained. Penalty on failure. 14. Sec. X. Be it further enacted, That in all cases hereafter, whenever the Comptroller General shall consider it his duty to employ Counsel, or an Attorney, in the prosecution of tax claims, and the collection of taxes due the State, he may select any Attorney he may wish (except in counties where the Attorney General or Solicitors reside, then he shall employ them,) upon consultation with and advice of the Governor, and they shall agree with said Counsel or Attorney as to the amount of fee to be paid on each case. Comp. Gen. to employ counsel with consent of Gov. 15. Sec. XI. Be it further enacted, That the Governor appoint some competent person to collate and digest the tax laws of force in this State, under appropriate heads, and with a full and plain index; which shall be examined, and approved by the Governor and Comptroller General, and then printed in pamphlet form, and sent to each and every Receiver of Tax Returns, and every Tax Collector in this State, when the tax digest is sent, by the Comptroller General; and the Governor shall draw his warrant on the Treasury of the State for such sums as he may deem a reasonable compensation to the compiler and printer of said digest of tax laws; and all Receivers and Collectors aforesaid, when their terms of office expire, shall turn over to their successors in office the said digests or pamphlets of the tax laws, who shall receipt for the same; and in case of failure in any case to turn over the said digests of the tax laws, the Receiver shall charge the value of the digest of the tax laws in the list of the defaulting Collectors or Receivers property of taxes, and the same shall be paid as other taxes; the Comptroller General shall state the price of a copy of the tax laws; and in case the copy of the tax laws is torn, mutilated or defaced, the Collector or Receiver in whose hands it may happen, shall be held responsible for the price of a new copy, as above directed. Gov. to appoint some competent person to digest tax laws. Digest sent to tax receivers and collectors. Tax Officers to turn over digest to their successors. Penalty on failure to return. 16. Sec. XII. Repeals conflicting laws. Assented to Dec. 11, 1858. NOTE.The Compiler has appended no notes to this Title as by the 15th section above, the tax laws of the State will be digested in the course of the present year.

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TITLE XXVII. UNIVERSITIES AND COLLEGES. UNIVERSITY OF GEORGIA. Sec. 1. Governor to be President of Board of Trustees. Sec. 2. No member of the Faculty to be a Trustee. (No. 106.) An act to make the Governor of the State, and in his absence the oldest member of the Board of Trustees of Franklin College, who may be present, President of said Board. * * The first section of this Act repeals part of Section 13, p. 1085, Cobb N. D. The escond Section modifies Section 8, same page; also Section 36, page 1000. 1. Sec. I. Be it enacted, That the Governor of the State of Georgia shall be the President of the Board of Trustees of Franklin College, and in his absence, the oldest member who may be present, President of said Board. Gov. to be Presdn' of Board of Trustees. 2. Sec. II. And be it further enacted, That no member of the Faculty of Franklin College, shall be a member of the Board of Trustees of said College. None of the Faculty shall be Trustee 3. Sec. III. Repeals conflicting laws. Assented to Dec. 11, 1858.

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STATUTES OF GEORGIA, 1859. PART II. LOCAL AND PRIVATE LAWS. TITLE I. ACADEMIES, COLLEGES, FREE SCHOOLS, TEACHERS OF POOR, C. No. 107. Washington Institute and Buffalo village. No. 108. Justices of Peace in Dawson to make additional returns of poor children. No. 109. Trustees of Trenton Academy, to sell lot. No. 110. Atlanta Medical College. No. 111. Board of education in Lincoln, Jasper and Terrell No. 112. Poor school system of Lumpkin and Rabun. No. 113. [Illegible Text] Court of Madison oounty, to sell Academy buildings. No. 114. Poor school system in Appling county. No. 115. Union Academy of Thomas. No. 116. Inf'r. Court of Madison county, to collect academic funds. No. 117. Justices Peace of Hall to be paid, c., for returning poor children. No. 118. Inf'r Court of Hart to pay to poor school fund a surplus. No. 119. Trustees of Glynn County Academy. No. 120. Marshall College in Griffin. (No. 107.) An act to incorporate Washington Institute, a high school organized by an as sociation of Baptist churches known as the Washington Association, and located in Hancock county, and incorporate Trustees for the same, and to change the name of the village of Buffalo in said county, and for other purposes. 1. SEC. I, Be it enacted, That from and immediately after the passage of this Act, Asa Duggan, L. R. L. Jennings, O. C. Pope. W. H. Hall, A. Jones, Thomas Jordan, John Graybill, D. W. Lewis, W. J. Harley, J. B. Jordan, J. Ray, J. Stone, T. J. Adams, T. H. Latimer, and T. J. Smith (who being duly elected by the Association of Baptist churches known as the Washington Association) and their successors in office be, and they are hereby constituted a body [Illegible Text] by the name and style of the Trustees of Washington In-institute. Names of Trustees of Washington Institute [Illegible Text] 2. Sec. II. And be it further enacted, That said Trustees and their successors in office, under the name and style aforesaid, shall be capable of suing and being sued, pleading and being impleaded; also to have, take, possess and acquire by gift, grant or purchase,

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lands, tenements, hereditaments, goods, chattels, and other estates, to be used for the purpose of education. May sue and be sued, and hold property. 3. Sec. III. And be it further enacted, That the Trustees, or a majority of them, shall have power to appoint a principal for said Institution; and said principal, (with the approbation of the Board of Trustees or a majority of them,) shall have power to appoint assistants, establish rates of tuition, prescribe a course of study, make and appoint such rules and regulations for the internal government of the Institute, as the good of said Institute may require. May appoint a Principal. May make rules, c. 4. Sec. IV. And be it further enacted, That said Trustees, or their successors in office, shall be capable of holding personal and real estate, all gifts, grants and immunities which may now belong to said Institute, or which may hereafter be conveyed to the Trustees thereof, or to their successors in office, for the benefit of the same; and that when any vacancy may happen by death, resignation or otherwise, of any one or more of the said Trustees, or their successors in office, the survivors, or a majority of them, shall fill such vacancy. May hold property and [Illegible Text] vacancies 5. Sec. V. And be it further enacted, That said Board of Trustees, or their successors in office, or a majority of them, shall have power to make such by-laws and rules for the government of the Board and management of said Institute, as they may deem proper and fit for said Institute and the Board of Trustees aforesaid; and that said Board of Trustees shall have power to elect all officers and teachers of said Institute, and discontinue or remove those so elected, whenever they think proper; provided that nothing in this Act be repugnant to the Constitution of the State of Georgia or of the United States. May elect officers and teachers. 6. Sec. VI. And be it further enacted, That from and after the passage of this Act, the village in Hancock county now known as Buffalo, shall be changed to Linton, and hereafter [be?] known by that name. Buffalo ch'd to Linton. 7. Sec. VII. And be it further enacted, That all the actings and doings of the Executive Committee of this Institution, incorporated at the last session of the General Assembly, shall be held and considered binding and legal; and that the privileges secured by the Incorporating Act aforesaid, shall extend and inure to the Board of Trustees incorporated by this Act. Acts of Ex'cutive Committee ratif'd Assented to December 13, 1858. (No. 108.) An act to require the Justices of the Peace of the several districts of the county of Dawson, to make additional returns of all poor children between the ages of six and eighteen, in their districts, for the year 1858, and for other purposes. Whereas, by a special law for the county of Dawson, the Justices

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of the Peace of the several districts, are required to make out a list of poor children between the ages of eight and sixteen, and return the same to the Ordinary of said county before the first Tuesday in October; and by the general law of this State, children are entitled, between the ages of six and eighteen, to poor school fund, and the returns to be made by the first of January in each year: Preamble. 8. Sec. I. Be it enacted, That the Justices of the Peace of the several districts of the county of Dawson, make a return of all poor children between the ages of six and eighteen which have not been returned by the 1st of January, 1859; and that the Treasurer of this State is hereby authorized to pay the county of Dawson their portion of the poor school fund, according to the ages of children between six and eighteen, for the year 1858, or as the general laws prescribe. Justices of the Peace to return poor child'n. etc. 9. Sec. II. And be it further enacted, That the Justices of the Peace in and for the county of Dawson, be, and they are hereby required, in each and every year hereafter, to return the poor children within their districts of said county, as the general law does or may hereafter require. Duty of Justices Peace. 10. Sec. III. And be it further enacted, That the Ordinary shall have full power and authority to enforce obedience from said Justices and each of them, by attachments as for contempt, and that all conflicting laws are hereby repealed. Power of Ordinary. Assented to, December 9, 1858. (No. 109.) An Act to amend an act, to authorize and require the Trustees of Trenton Academy, to sell said Academy together with the lot of land upon which it is located, and to pay one moiety of the proceeds to the Trustees of Trenton Male Academy; the other moiety to the Trustees of Trenton Female Academy, to be by them applied to the building of male and female academies in or near the town of Trenton, assented to 22d December, 1857. * * See Acts of 1857, p. 147. 11. Sec. I. Be it enacted, That from and after the passage of this Act, the first section of the above recited Act, be amended by striking out the words, on the first Tuesday in January next, and inserting in [Illegible Text] thereof, at such time after the passing of this Act as a majority of the Trustees of Trenton Academy may direct; provided said sale shall be on the first Tuesday of the month, and that at least thirty days' notice shall be given, of the time of said sale. Former Act altered. Notice to be given of sale. 12. Sec. II. Be it further enacted, That the second section of the above recited Act be amended by striking out the name of William J. Taylor, and inserting in lieu thereof, the name of W. W. Atkins. 2d section of former Act amended. 13. Sec. III. Repeals conflicting laws. Assented to Dec. 13, 1858.

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(No. 110.) An act to amend an act entitled an act to incorporate the Atlanta Medical College, and for other purposes therein mentioned, approved Feb. 14, 1854. * * See acts of 1853-4, p. 501. 14. Sec. I. Be it enacted, That the sixth section of the above recited Act is hereby repealed, and in lieu thereof the following is enacted, to-wit: 6th section of former Act repealed. The Professors, together with the Trustees, shall constitute a Board, who are hereby authorized and empowered to confer the degree of Doctor of Medicine upon such applicants, in such manner, at such times, and under such circumstances, as may, to the said Professors, seem fit and proper, and the said Professors shall have power to change the chair of, remove, or fill the vacancy caused by the resignation or otherwise, of any member of their Faculty. Professors with Trustees to constitute a Board. Powers. 15. Sec. II. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 111.) An Act to establish a board of education in the county of Lincoln, and to confer certain specified powers upon them: also to declare what teachers shall be entitled to draw upon the poor school fund of said county and to authorize the election of school cammissioners in the county of Jasper, and to prescribe their duties, and for other purposes. 16. Section I. Be it enacted, That from and after the passage of this Act, LaFayette Lamar, Henry J. Lang. Benjamin P. Oneal, Henry Freeman and Jeremiah Ashmore, be and they are hereby constituted a Board of Education for the county of Lincoln. L. Lamar, H. J. Long, B. P. O'Neal, H. Freeman and J. Ashmore, board of education 17. Sec. II. Be it further enacted, That the officers of said Board shall consist of a Superintendent and Secretary, to be elected on the first Monday in Jannary next, and annually thereafter, from the Board, by the members thereof; and the said Board is here by authorized to fill any vacancies that may occur by the death, resignation or removal of any of its members. Officers of the board. Vacancies in board how [Illegible Text] 18. Sec. III. Be it further enacted, That it shall be the duty of said Board, to examine all such teachers in said county, who shall present themselves for examination; and it shall be the duty of the Superintendent and Secretary, to issue certificates to [Illegible Text] teachers as may be found competent after such examination. Board to [Illegible Text] teachers and grant [Illegible Text] 19. Sec. IV. Be it further enacted. That such teachers only as shall exhibit their certificates to the Ordinary of said county, shall be entitled to receive from the poor school fund the amount of their accounts for teaching poor children in said county. Ordinary to pay only such teachers [Illegible Text] have [Illegible Text] 20. Sec. V. Be it further enacted, That three commissioners shall be elected by the legally qualified voters of Jasper county, on the

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first Monday in January next, and on the first Monday in January every two years thereafter, who shall be known as the school commissioners of Jasper county; said commissioners shall hold their offices two years, and until their successors are elected and qualified, shall take an oath upon entering upon their duties, well and truly to discharge the duties of such commissioners; said commissioners shall elect a Secretary and Treasurer, who shall hold his office two years; shall take an oath to faithfully discharge the duties of Secretary and Treasurer, before entering on his duties, and shall give bond and good security, payable to said school commissioners and their successors in office, in double the sum of the school funds raised and to which said county may be entitled, or in such sum as said commissioners may require, condition well and truly to perform all the duties of Secretary and Treasurer, which bond may be sued on and a recovery had therein, for any breach thereof, as in other cases. School commissioners of Jasper [Illegible Text] how elected. Shall hold office two years. Oath. Sec. and Treas, how elected and for what time. Oath. Bond. 21. Section VI. Be it further enacted, That said Secretary and Treasurer shall keep a true and fair record of the proceedings of said school commissioners at their meetings, the amount of money received by him as such, from all sources for educational purposes, the amount of money disbursed by him and the purposes for which the same was disbursed, which shall be subject to examination and report by the Grand Jury of the county, at the spring term of the Superior Court of said county, and said Secretary, and Treasurer shall receive the sum of one and one- half per cent for all sums received by him, and the same for all sums disbursed by him, as compensation for his services. Duty of [Illegible Text] and Treas. Fees. 22. Sec. VII. Be it further enacted, That said school commissioners shall be entitled and they are hereby authorized to control all the public funds of said county, devoted to educational purposes in said county; they shall have power to locate, public school house in said county, and to examine and employ all teachers to teach such schools, and to do all other acts they may in their discretion, (consider best calculated to?) promote the educational interests of the people of said county in the execution of their trust. Power of school commissioners. 23. Sec. VIII. And be it further enacted, That the provisions of the above recited act, be extended to the county of Terrell; and that Moses H. Baldwin, B. L. Wellborn and Eli. G. Hill be, and they are hereby appointed school commissioners of said county of Terrell, and the provisions of this act extend to the county of Terrell, except that part that extends above to the county of Jasper. Act extended to Terrell county and commissioners appointed. except that part of act relating to Jasper. 25. Sec. IX. Repeals conflicting laws. Assented to Dec. 10, 1858.

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(No. 112.) An Act to alter and amend the several Laws in relation to the Poor School System, so far as relates to the counties of Lumpkin and Rabun, and for other purposes. * * See Acts of 1855-6, p. 307, and Acts of 1857, p. 11, Section 9. 26. Section 1. The General Assembly do enact, as follows; That from and after the passage of this act, it shall be the duty of the Justices of the Peace of said counties to return all the poor children in their respective districts, between the ages of six and eighteen years, in the manner now required by the sixth Section of said Act, and that all children so returned to the Ordinary of said counties, shall be by him returned to the Governor by the first day of January, 1859, and by the first of January, in every year thereafter: and the Treasurer of the State is hereby required to allow and pay over to the proper officers, such additional sum for the year 1858, as may appear to be due by such returns from said Ordinaries. Justices of the Peace required to return poor children. Ordinary to make returns to Governor. Treasurer required to pay over certain money. 27. Sec. II. And be it further enacted, That the said Act shall be further amended, so that from and after the passage of this Act, it shall be the duty of the Tax Receiver of said counties of Lumpkin and Rabun for the year 1859, and of all subsequent Tax Receivers, to make the returns of poor children as are now required by the general law, instead of the Justices of the Peace of said counties of Lumpkin and Rabun. Duty of Tax Receivers. 28. Sec. III. Repeals conflicting laws. Assented to December 11, 1858. (No. 113.) An Act to authorize the Inferior Court of the county of Madison, to sell the Academy buildings and real estate of said Academy, and to collect the funds of the same, and when collected to be applied to the Education of the poor children of said county. 29. Section I. Be it enacted, That the Inferior Court of Madison county be, and they, or a majority of them, are hereby authorized to sell to the highest bidder, at public ont-cry, after having given due notice of the time and place of sale, the Academy buildings and real estate of said Academies, situated in Danielsville, which have been assigned, dedicated or reserved to said Academies, or heretotore authorized to be sold for the use and benefit of said Academies, by any of the former Acts of the Legislature of this State, and to convey the right and title of said Academies and of the State, in all the lands situate in or near said town of Danielsviile, which are hereby confirmed to said Academies; and it shall be the duty of said Inferior Court, to sell said Academies, and real estate, and to exercise all the rights of the State and of the county

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of Madison over said Academy and real estate, and for their recovery, and the protection of the title of said Academy to them. And no provision of the Act approved March 6th, 1856, * * See Acts of 1855-6, p. 233. of any other Act limiting the time in which suit in the Courts of Law in this State must be brought, shall be construed to bar the right of said Inferior Court to recover any of said property or its appurtenances. Inferior Ct. authorized to sell certain buildings and lands, etc. Duty of Int. Court. Constructi'n Act of 1836. 30. Sec. II. And be it further enacted, That it shall be the duty of the Inferior Court of said county of Madison, when they have sold said Academy and real estate, and have collected the money for the same, to apply it to the education of the poor children of said county, as in their judgment may seem right and proper. Money to be applied to educate poor children. 31. Sec. III. And be it further enacted, That all laws and parts of laws militating against this Act, be, and the same are hereby repealed, so far as the county of Madison is concerned. Assented to, December 13, 1858. (No. 111.) An Act to empower the Grand Jurors of Appling county to designate the children entitled to the benefit of the Poor School Fund, and for other purposes. 32. Section I. Be it enacted, That the Grand Jurors of the county of Appling, shall at the first Term of the Superior Court for said county, in each year, select such child or children, as they in their judgment shall think to be fully entitled to tuition under the present Poor School Fund, judging from the amount of taxable property given in by the parents of said child of children, according to the Tax Receivers return next preceding said Term, and from the best information they can gain; and said Grand Jurors shall make out a full and complete list of said child or children, so entitled, and return the same to the Ordinary of said county, within ten days after said Term of Court. Duty of [Illegible Text] Jury. 33. Sec. II. And be it further enacted, That the Justices of the Inferior Court of said county, shall select five School Commissioners, one from each Militia District of said county, annually, whose duty it shall be to examine all teachers, proposing to teach a poor school and secure pay for the same, under the provisions of the present law, as to their competency to teach, prior to the teaching said school. Inf. Ct. to elect school [Illegible Text] Duty of commissioners 34. Sec. II. Be it further enacted, That when any such Teacher or Teachers shall apply to said Commissioners or a majority of them, for examination, if found worthy to teach, said Commissioners or a majority of them, shall give such Teacher or Teachers, a certificate to that affect; and said Commissioners or a majority of them, shall hold a meeting at Holmesville, in said county, at least four times in each year; they arranging said meeting at such times as they in their judgments may think best for the interest of the people generally, and they shall advertise the same at said Court House door, at least thirty days previous to said meeting. Teachers to apply for examination Meeting of comm'rs to be advertised.

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35. Sec. IV. Be it further enacted, That the Ordinary of said county, shall not pay any Teachers' account for tuition from said Poor School Fund, unless he shall produce said certificate, signed by a majority of said Commissioners provided for in the above section, and where said Ordinary may think the services has been rendered by said Teacher or Teachers. Duty of Ordinary. 36. Sec. V. Repeals conflicting laws. Assented to, December 11, 1858. (No. 115.) An Act to incorporate an Academy in the county of Thomas, and to appoint Trustees for the same. 37. Section I. Be it enacted, That John Rice, James Massey, John T. Willford, Caffee Raiford, and James H. Daniel be, and they are hereby appointed Trustees of Union Academy in the county of Thomas. Name of Trustees. 38. Sec. II. And be it further enacted, That the said Trustees and their successors in office be, and they are hereby declared to be a body corporate and politic, by the name and style of the Trustees of the Union Academy of the county of Thomas, and as such, shall be capable and liable in law, to sue and be sued, plead and be impleaded, and to make all such by-laws and regulations as may be necessary for the government of said Academy, provided, the same be not repugnant to the Constitution and laws of this State. Corporate name and powers. May sue and be sued, and make bylaws, etc. 39. Sec. III. And be it further enacted, That the said Trustees shall be capable of holding personal and real estate, all gifts, grants and immunities, which may now belong to said Academy, or which may hereafter be conveyed to the Trustees thereof, or to their successors in office, for the benefit of the same; and that when any vacancy may happen, by death, resignation or otherwise of any one or more of said Trustees, the survivors, or a majority of them, shall fill such vacancy. May hold real estate. etc. How vacancies may be filled. 40. Sec. IV. Repeals conflicting laws. Assented to Dec. 11th, 1858. (116.) An Act to authorize and require the Justices of the Inferior Court of Madison county, to collect by suit or otherwise, the remainder or unexpended portion of the Academic funds now in the hands of the Trustees of said Academy, or that may hereafter come into their hands; and when collected, to be applied by them to the education of the poor children of said county. 41. Section I. Be it enacted, That from and after the passage of this Act, the Justices of the Inferior Court of Madison county, and their successors in office, are fully authorized and empowered to collect by suit or otherwise, any moneys, notes or other evidences of debt, now, or that may hereafter be in the hands of the Trustees

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of the Madison County Academy, or in the hands of their successors in office, as other debts are now collected to be applied by said Justices of the Inferior Court to the Education of poor children of said county, as in their judgment may seem right and proper. Inferior [Illegible Text] authorized to collect certain money. To be appli'd to educate poor child'n. 42. Sec. II. Repeals conflicting Laws. Assented to, December 11, 1858. (No. 117.) An Act to compensate the Justices of the Peace of Hall county, for returning the poor children, and for other purposes. 43. SECTION I. Be it enacted, That the Justices of the Peace of Hall county, shall be entitled to the sum of fifty cents for every twelve poor children they return to the Ordinary of said county, to be paid by him out of the Poor School Fund. Fees of Justices of the Peace in certain cases. 44. SEC. II. Repeals conflicting laws. Assented to, Dec. 11, 1858. (No. 118.) An Act to authorize the Inferior Court of Hart county to pay over certain money to the Ordinary of said county, for certain purposes therein named. Whereas, The Grand Jury of Hart county failed to recommend the levy of a tax for Poor School purposes for said county for the year 1858, and there being no tax levied or collected for said purpose, and there being a surplus fund on hand which is desired to be appropriated for Poor School purposes, Preamble. 45. Section I. Be it therefore enacted, That the Inferior Court of Hart county be, and are hereby authorized and directed to pay over twelve and a half per cent. on the amount of said County Tax for the year 1858, to the Ordinary of said county, for Poor School purposes for said county of Hart, for the year 1858. All laws, custom and usage to the contrary notwithstanding. Inf. Ct. directed to pay over certain money. Assented to, Dec. 11, 1858. (No. 119.) An Act to amend an Act entitled an Act, to authorize the Trustees of Glynn county Academy, to lease or sell the Academy building and estate of said Academy, and to protect the property and collect the funds of the same, and for other purposes therein named. * * See Acts of 1857, p. 138. 46. Section I. It is hereby enacted by the General Assembly,

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That the second section of the above recited Act, be so amended as to read, that a copy of the re-survey and plan of George Purvis, returned by the Commissioners July 16th, 1796, of the Town and Commons of Brunswick, deposited by the Commissioners appointed under the Act of the 21st day of February, 1796, and now filed in the Surveyor General's office at Milledgeville, shall be sufficient evidence of the original survey of the Town and Commons of Brunswick, and of the boundaries thereof, and of the parts therein stated, relating thereto by authority of the State, and that a copy of the survey and plan of George R. Baldwin of said old Town, dated May 25th, 1837, and now used as the plan of said old Town is hereby adopted as a correct delineation and location of the lots situated therein, according to their original location; and the resurvey and plan of said George Purvis, and survey and plan of said George R. Baldwin, shall be recorded upon the records of said Academy, and a certified copy of the same by the Secretary thereof, may be used in evidence, instead of the original. 2d stee. of act amended. Copy of survey of Geo. Purvis to be read as evidence. Copy of survey of Geo. R. Baldwin, adopted. Bota to be recorded. And a certified copy of said survey to be used as evidence. Assented to Dec. 11, 1858. (No. 120.) An Act to amend an Act entitled an Act to incorporate Marshall College in the city of Griffin, approved December 5th, 1853. * * See Acts of 1853-4, p. 127. 47. Section I. Be it enacted, That the above recited Act be, and is hereby so amended as to give the entire control of Marshall College, to the regular Missionary Baptist Church, for which purpose the following persons, viz: Parker Eason, Jonathan P. Milner, John Q. A. Alford, Erastus W. Beck, Andrew Walker, Aquilla B. Mathews, Leonard T. Doyal, John J. Whitaker, John D. Stewart, Miles G. Dobbins, Jason Burr, Charles H. Johnson, John T. Ransome, and Henry P. Hill, are hereby constituted a Board of Trustees for said Institution, and they shall have power to fill all vacancies occurring in their body, and shall elect their successors. Act how amended. Names of Trustees. Powers. 48. Sec. II. And be it further enacted, That the Board of Trustees of said College, shall consist of fourteen members, ten of whom shall always be members in good standing, of the regular Missionary Baptist Church, and shall reside within the limits of the association in which said College is, or may be located; the other four members of the Board shall be elected without reference to their religious faith or church affiliation. Board to consist of 14 Who ten shall be and where reside 49. Sec. III. Repeals conflicting laws. Assented to, December 11, 1858.

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TITLE II. CHURCHES AND CHARITABLE SOCIETIES * * For First Presbyterian Church of Atlanta, see Title III, Cities and Towns, No. 139, Sec. 1. . No. 121. Presbyterian church of Walthourville, and Savannah Flour-mill Co. No. 122. Hudson Lodge, No. 208, Putnam county. No. 123. Altamaha Lodge No. 227, McIntosh county. No. 124. Trustees of Mud Creek Baptist Camp Ground, Habersham co. No. 125. Butler Lodge, No. 211, Berrien county. No. 126. Gaulding Lodge, No. 215, Fayette co. No. 127. Phi Delta Lodge, No. 148, Franklin co; and Carnesville Lodge, No. 186, Franklin co. No. 128. Methodist church at Prospect, Thomas co. No. 129. Kingston Presbyterian Church, Cass county. (No. 121.) An Act to incorporate the Presbyterian Church of Walthourville in Liberty county, and to incorporate the Savannah Flour-mill Company. 1. Section I. Be it enacted, That David A. Miller, Thomas W. Quarterman, and James S. McCullough, and their successors in office be, and they are hereby declared to be a body corporate by the name and style of the Trustees of the Presbyterian church of Walthourville. D. A. Miller, J. W. Quarterman, and J. S. McCallough, Corporators and Trustees. 2. Sec. II. And be it further enacted by the authority aforesaid, That the above named Trustees and their successors in office, shall be invested with all manner of property, both real and personal, which they may acquire or be possessed of, by gift, grant, or purchase; and all privileges and immunities which may belong to the said church at the time of the passage of this Act, or which may hereafter be made, conveyed, or transferred to them or their successors in office. To have and to hold the same to the proper use, benefit, and behoof of said church; and also, that the said Trustees, or a majority of them, shall, and they are hereby declared to be, capable of suing and being sued, pleading and being impleaded, of having and using a common seal; and also of using all legal and necessary means for recovering or defending any property whatever, which the said church may hold, claim, or demand. Powers of Trustees. 3. Sec. III. And be it further enacted by the authority aforesaid, That said trustees shall hold their offices till the first Wednesday in January, one thousand eight hundred and fifty-nine; at which time, and annually thereafter, on the first Wednesday in January, the church members and society shall convene at the church and elect

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from their number three persons as Trustees, who shall hold their offices till thefirst Wednesday in January following, and until other er persons are elected as Trustees to succeed them; provided, that if the church members and society aforesaid should at any time neglect to convene at the church and elect Trustees as foresaid on the first Wednesday in January, nothing in this Act shall be so construed as to prevent them from holding said election at any other time after giving ten days notice of holding said election. How long to hold office. Church members to elect [Illegible Text] 4. Sec. IV. And be it further enacted by the General Assembly of Georgia, That Gazaway B. Lamar, Charles A. L. Lamar, R. R. Cuyler, George W. Anderson, William R. Fleming, and their associates, assigns, and all such persons as may hereafter hold stock in said Company, be, and they are hereby incorporated and made a body politic by the name and style of the Savannah Flour-mill Company; and by that name shall be and are made capable in law to have, hold, and retain to them and their successors, lands, tenements, goods, chattels and effects of what kind soever, and the same to sell and dispose of; to sue and be sued, plead and be impleaded, to make, have, and use a common seal, and to have and exercise all the powers incident to a corporation and necessary to their business. G. B. Lamar, C. A. L. Lamar, R. R. Cuyler, G. W. Anderson, W. R. Fleming, Corporators of Savannah Flourmill Co Powers. 5. Sec. V. And be it further enacted, That the said Company may make such Constitution and by-laws as they may deem necessary to their interest, not repugnant to the laws of the State; and may appoint such directors, officers, agents, and servants for the conduct of their affairs, as they may deem necessary, at such time and place as they may prescribe by by-laws. To make Constitution and by-laws 6. Sec. VI. And be it further enacted, That the said Company may fix and establish the amount of capital stock necessary for its business, and issue scrip for the shares held by its stockholders, in such amounts as they may determine; and no stockholder shall transfer his stock except to said Company, while he may be indebted to said Company, unless by consent of said Company; but the Company shall have a lien on the same for the payment of such indebtedness. To fix the capital stock. To iss'e scrip Restrict'n on stockh'lders. 7. Sec. VII. And be it further enacted, That the persons and property of said stockholders shall be held liable for all debts or contracts incurred by said Company to the full amount of such share or shares held by such stockholders in said Company. Persons and property how liable. 8. Sec. VIII. Repeals conflicting laws. Assented to Dec. 10th, 1858. (No. 122.) An act to incorporate Hudson Lodge No. 208, Free and accepted Masons, situated at Glade X Roads, Putnam county. 9. Sec. I. Be it enacted, That Hudson Lodge No. 208, Free and Accepted Masons, situated at Glade X Roads, Putnam county, be, and the same is hereby declared a body corporate under the name and style of Hudson Lodge, No. 208 Free and Accepted Masons. Hudson Lodge incorporated.

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10. Sec. 2. Be it further enacted, That James B. Park, Worshipful Master, E. L. Terrell, Senior Warden, Felix P. Herron, Junior Warden, James McKenzie, Treasurer, H. H. Cogburn, Senior Deacon, John Avrae, Junior Deacon, Kinchen Axford, Tyler, officers of said Lodge, and their successors in office, and they are hereby declared capable, in law or equity, of suing and being sued, of purchasing and holding real and personal property, of giving and receiving titles for the same, to use a common seal, and to do all other things which corporate bodies may in law do, connected with the object of their corporation. Names of [Illegible Text] and their powers. Assented to Dec. 11, 1858. (No. 123.) An Act to incorporate Altamaha Lodge No. 227 of Free and Accepted Masons of the county of McIntosh. 11. Sec. I. Be it enacted by the General Assembly, That Altamaha Lodge No. two hundred and twenty-seven of Free and Accepted Masons, situated at No. 4 S. A. and G. R. Road in the county of McIntosh, be and the same is hereby declared a body corporate under the name and style of Altamaha Lodge No. 227 of Free and Accepted Masons. Altamaha Lodge incorporated. 12. Sec. II. And be it further enacted, That E. R. Hodges, Worshipful Master, D. F. Sullivan, Senior Warden, and James M. Smith, Junior Warden, the officers of said Lodge and their successors in office be, and they are hereby declared capable, in law or equity, of suing or being sued, of purchasing and holding real and personal property, of giving and receiving titles for the same, to use a common seal, and to do all other things which bodies corporate may in law do, connected with the object of their Association. May sue and be sued, and hold real personal property. Sealand powers. 13. Sec. III. Repeals conflicting laws. Assented to Dec. 13, 1858. (No. 124.) An Act to incorporate the Trustees of the Mud Creek Baptist Camp Ground, and to confer certain privileges to said Trustees. 14. Sec. I. Be it enacted, That William Grant, James N. Crow, Littleton M. Stephens, John J. Harper, and Young J. Shirley, and their successors in office, be and they are hereby appointed and declared a body corporate under the name and style of the Trustees of the Mud Creek Baptist Camp Ground in the county of Hal ersham. Names of Trustees incorporated. 15. Sec. II. And be it further enacted, That the said Trustees and their successors shall have full power to make such by-laws, rules and regulations for the government and protection of said Camp Ground, as they or a majority of them, may deem necessary; provided they be not repugnant to the Constitution and laws of this State. May make by-laws, etc.

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16. Sec. III. And be it further enacted, That the said Trustees and their successors in office, or a majority of them, shall have full power and authority to fill any vacancy which may occur in their body by death, resignation, or otherwise. [Illegible Text] fill vacancies. Assented to Dec. 13, 1858. (No. 125.) An act to incorporate Butler Lodge No. (211) two hundred and eleven Free and Accepted Masons, located at Mill Town, Berrien county, Ga. 17. Sec. I. Be it enacted, That from and after the passage of this Act, Andrew J. Liles, Worshipful Master, John C. Lamb, Senior Warden, and William Godfrey, Junior Warden, of Butler Lodge No. 211 Free and Accepted Masons, and such persons as shall, from time to time, be elected, their successors in said offices by said Butler Lodge No. 211, shall be and are hereby constituted and created a body corporate and politic by the name and style of Trustees of Butler Lodge No. 211 in Mill Town, county of Berrien. Names of Corporators, etc. 18. Sec. II. And be it further enacted, That the parties so incorporated as aforesaid, and their successors, shall be and they are hereby authorized to have and use a common seal, and to alter the same at pleasure, and by their corporate name aforesaid to sue and be sued, plead and be impleaded, answer and be answered unto, in any Court of Law or Equity; and also to ordain, establish and alter at pleasure such by-laws, rules and regulations as may seem necessary and convenient for the management of such corporation, or for the government thereof. May have a seal, and sue and be sued. By-laws etc. 19. Sec. III. And be it further enacted, That the parties so incorporated, and their successors, shall be, and they are hereby authorized and empowered to have, hold, use and enjoy, purchase, receive, possess, and alien or dispose of at pleasure, lands, houses, rents, goods, and other properties, both real and personal. May purchase and [Illegible Text] lands other property. 20. Sec. IV. And be it further enacted, That whenever any vacancy or vacancies in the aforesaid Worshipful Master, Senior or Junior Wardens, created Trustees by this Act, shall occur by death, resignation, removal or otherwise, such person as shall be appointed to fill the vacancy in the office of such Trustee so dying, removing or resigning in the Masonic body to which he belonged under the by-laws of such body, shall, by virtue of such appointment, be created and constituted the successor of said Trustee in the Board of Trustees. Trustees created by this Act may fill vacancies. 21. Sec. V. Repeals conflicting laws. Assented to Dec. 13, 1858.

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(No. 126.) An Act to incorporate Gaulding Lodge number two hundred and fifteen of Free and Accepted Masons of Fayette county. 22. Section 1. Be it enacted by the General Assembly, That Gaulding Lodge number two hundred and fifteen of Free and Accepted Masons, of the county of Fayette, be and the same are hereby made a body corporate under the name and style aforesaid. Gaulding Lodge incorporated. 23. Sec. II. Be it further enacted, That Philip H. Brassell, Worshipful Master, Linton L. Moses, Senior Warden, and Hilliard T. Horne, Junior Warden, the officers of said Lodge, and their successors in office, are hereby declared capable in law of suing and being sued, having a common seal, purchasing property and selling the same, making by-laws for their government and doing all other acts which bodies corporate may in law, or connected with the objects of their association, do May sue and be sued, have a seal purchase and sell property. 24. Sec. III. Repeals conflicting laws. Assented to Dec. 13, 1858. (No. 127.) An Act to incorporate Phi Delta Lodge No. 148 of Free and Accepted Masons of the county of Franklin, and also to incorporate Carnesville Lodge No. 186, of Free and Accepted Masons situated at Carnesville in the county of Franklin. 25. Section I. Be it enacted, That Phi Delta Lodge number 148, of Free and Accepted Masons, situated at Phi Delta in the county of Franklin, be and the same is hereby declared a body corporate, ander the name and style of Phi Delta Lodge No. 148, of Free and Accepted Masons. Phi Delta Lodge incorporated. 26. Sec. II. And be it further enacted, That John W. Pruett, Worshipful Master, Thomas M. Taylor, Senior Warden, and Wm. M. Ash. Junior Warden, the officer's of said Lodge, and their successors in office be and they are hereby declared a body corporate, in law or equity of suing and being sued, of purchasing and holding real and personal property, of giving and receiving titles for the same, to use a common seal, and to do all other things which bodies corporate may do in law connected with the object of their association. May sue and be sued, hold property, have a seal, etc. 27. Sec. III. And be it further enacted, That Carnesville Lodge No. 186, of Free and Accepted Masons, situated at Carnesville in the county of Frankl, in be and the same is hereby declared a body corporate, under the name and style of Carnesville Lodge No. 186, of Free and Accepted Masons, and that John B. Estes, W. M. and the Senior and Junior Warden of said Lodge, and their successors in office, be and they are hereby declared a body corporate, with all the privileges of the foregoing act. Carnesville Lodge incorporated. 28. Sec. IV. Repeals conflicting laws. Assented to December 13th, 1858.

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(No. 128.) An Act to incorporate the Methodist Episcopal Church at Prospect in the county of Thomas. 29. Section 1. Be it enactea, That Capel Raford, Adison Way, John Rice, Hamilton H. Williams, John T. Willford and their successors in office, be and they are hereby declared to be a body corporate by the name and style of the Trustees of the Methodist Episcopal church, at Prospect, in the county of Thomas. With power to hold any property either real or personal which may now belong to or be hereafter acquired by said Church, whether by purchase or gift, for the use and benefit of said Church; and they and their successors in office are hereby declared to be capable of suing and being sued, and making all by-laws that may be necessary for the government of said corporation, not inconsistent with the usages of said Church or the Constitution and laws of this State, or the United States. Names of Trustees incorporated. May hold property. May sue and be sued, and make by-laws. 30. Sec. II. And be it further enacted, That any vacancy which may occur in said board of Trustees, by death, resignation or otherwise, may be filled by a majority of the male members of said Church, at any regular or called meeting for that purpose. May fill [Illegible Text]. 31. Sec. III. Repeals conflicting laws. Assented to December 13, 1858. (No. 129.) An Act to incorporate the Kingston Presbyterian Church of Cass county. 32. Section I. Be it enacted, After the passage of this act, that the Kingston Presbyterian Church is hereby incorporated under the name and style of the Kingston Presbyterian Church; and that William W. Clayton, John A. Eve, A. H. Eady, Dr. J. T. Groves and Dr. W. Glen, and their successors in office, be and they are hereby constituted a body corporate by the name and style aforesaid; and as such shall be capable in law to sue and be sued to recover and receive by gift, bequest, donation or otherwise any property of any kind for the use and benefit of said Church; and shall have power to pass all rules and regulations, necessary for the purpose of carrying into effect said powers, and shall have power to appoint any and all officers they may think proper, for the purposes aforesaid; provided, they be not inconsistent with the Constitution or laws of this State. Kingston Presbyterian Church incorporated. May sue and be sued, hold property make rules. 33. Sec. II. Be it further enacted, That whenever any vacancy shall occur in said board of Trustees, said vacancy shall be filled by the Church or the remainder of the Trustees. May fill vacancies. Assented to, Dec. 13, 1858.

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TITLE III. CITIES AND TOWNS * * For Act changing name of village of Buffalo to Linton, see Title I Academies, Colleges c., No. 107, section 6. No. 130. City of Milledgeville. No. 131. City of Savannah, (Registry Laws) No. 132. Cities of Columbus and Albany. No. 133. City of Americus. No. 134. City of Savannah, (Drainage.) No. 135. Town of Monticello, (Marshal.) No. 136. Town of Lumpkin, (Road duty.) No. 137. Town of Calhoun, (Retailers) No. 138. City of Columbus, (Subscription to Rail roads.) No. 139. First Presbyterian Church of Atlanta, Town of Buena Vista, To define lines between Berrien and Coffee, and change line between Irwin and Wilcox. No. 140. Town of Camilla in Mitchell county, Ellijay Railroad Company, Merchants and Mechanics Mutual Insurance Company of Macon, Excel line St. Boat Company, and Town of Carrollton, Carroll co. No. 141. Town of LaFayette in Walker county. No. 142. City of Macon, (Wards added.) No. 143. City of Marietta, (Marshal.) No. 144. City of St. Mary's. No. 145. City of Macon, (City Sexton.) No. 146. Village of Sparta, (Marshal's powers.) No. 147. Town of Hartwell, Hart county. No. 148. Town of Waresboro, Ware county. No. 149. Cedar Town, Polk county. No. 150. Alpharetta, Milton county. No. 151. Dahlonega, Lumpkin county. No. 152. Monroe, Walton county. (No. 130.) An Act, to repeal an act entitled An Act amendatory of the several acts of force in reference to the corporation of the city of Milledgeville, assented to December 22d, 1857. * * See Acts of 1857 p. 185. 1. SEC. I. Be it enacted by the General Assembly, That from and after the passage of this act, the above recited act, be and the same is hereby repealed. Act of 22d Dec. 1857 repealed. Assented to, December 1st, 1858.

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(No. 131.) An Act to amend an Act entitled an Act, to amend an Act, amendatory of, and in addition to the various Acts heretofore passed, in reference to the City of Savannah, approved December 8 th, 1849, to allow an appeal to a special Jury in the Superior Court of Chatham county, from any decision made under the sixth section of that Act; and also, to provide for the registry of the names of all persons entitled to vote for Mayor and Aldermen of said city, and to prevent persons from voting for such Mayor and Aldermen, whose names are not registered, approved January 22 d, 1852, and to amend the Act amendatory thereof, and for other purposes herein mentioned. 2. Section I. Be it enacted, That so much of the above recited Act as makes it the duty of the Clerk of the Council, or other officer acting in his place, upon the application of any person entitled to vote for Mayor and Aldermen of said city of Savannah, to issue and deliver to such person a certificate of the registry of the name of such person, according to the provisions of said Act, be, and the same is hereby repealed. Certain provisions of the Act of Dec. 8th, 1849, repealed. 3. Sec. II. Be it further enacted by the authority aforesaid, That section seventh [VII.,] and section eighth [VIII.,] and fourteenth [XIV.,] of the above recited Act, be, and the same are hereby repealed. Sections 7th, 8th, 14th, of said Act, repealed. 4. Sec. III. Be it further enacted by the authority aforesaid, That section fifth of the above recited Act, be, and the same is hereby amended, so as to read as follows: That such Clerk or other officer shall be authorized to require any applicant for registration to make an affidavit that he is entitled to vote according to the terms of this Act, before registering the name of such applicant. Section 5th of said Act, amended. Voter,s name, on what condition registered. 5. Sec. IV. Be it further enacted by the authority aforesaid, That the following words contained in the oath prescribed by the tenth section of the above recited Act, to wit: That the certificate of registry which you offer was issued and delivered to you in person, be and the same are hereby expunged from said oath, and repealed. Voter's oath changed. 6. Sec V. Be it further enacted by the authority aforesaid, That section eleventh of the above recited Act, be, and the same is hereby amended, so as to read as follows: That any person offering or attempting to vote, whose name has not been registered according to the provisions of this Act, shall be guilty of a felony, and on conviction before the Superior Court of the county of Chatham, or the City [Illegible Text] of Savannah, shall be punished by confinement and hard labor in the Penitentiary, for not less than two nor more than five years. Section 11th of said Act amended. Voting not having registered name, a felony. Penalty therefor. 7. Sec. VI. Be it further enacted by the authority aforesaid. That upon application to have his name registered, and before the same is, registered, the applicant shall pay to the Clerk of Council, for the City Treasury, the sum of one dollar, which shall be in lieu of the poll tax now paid; and each applicant shall give and furnish to the Clerk aforesaid, his age, occupation or business, and

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place of residence in the city of Savannah, which shall be entered by the said Clerk on the list of names required to be kept by the above third recited Act, opposite the name of each applicant; but it shall not be necessary for said Clerk to publish the age, business or place of residence of said applicant, in the list of names which he is required by law to publish monthly in the newspapers, or in the lists which he is required to place upon the door of the Court House and Exchange, in said city of Savannah. Person applying to have his name registered as a voter, must pay $1 which shall be in lieu of poll tax. Other [Illegible Text] on [Illegible Text] [Illegible Text]. [Illegible Text] 8. Sec. VII. Be it further enacted by the authority aforesaid, That it shall be the duty of the Clerk of Council, to furnish to the Magistrates presiding at the election of Mayor and Aldermen of the city of Savannah, on the day of said election, a complete list of all the names, arranged in alphabetical order, which have been registered according to the provisions of this Act, and the above recited Act, together with the age and occupation or business and place of residence in the city of Savannah, of each person whose name is so registered, at the time of said registration; which list shall be certified under the hand of said Clerk, and the seal of the city of Savannah; which list shall be kept before the presiding Magistrates during said election; and when said election is over, shall be depositted in the office of said Clerk of Council, to be safely kept by him. Clk of Council shall furnish list of registered voters to presiding [Illegible Text] at elections. List to be certified to under seal of city Court. And afterwards, to be deposited in Clerks office. 9. Sec. VIII. Repeals conflicting laws. Assented to December 11, 1858. (No. 132.) An Act to alter and amend the charters of the cities of Columbus and Albany. 10. Section I. Be it enacted, That from and after the passage of this Act, it shall be lawful for the citizens of the city of Columbus, to elect by general ticket, a Mayor and twelve Aldermen; which election shall be held at the Court House in said city, on the second Saturday in December, in each and every year; provided, there shall be two Aldermen elected for and residing in each Ward, as now designated by law; And provided further, That each voter shall designate upon his ticket the two persons voted for as Aldermen for each Ward, and that two persons in each Ward, receiving the highest number of votes given in, in said city, for Aldermen of each particular Ward, shall be declared elected; and said Mayor and Aldermen, when so elected, shall hold their offices until their successors are elected and qualified. Mayor and 12 [Illegible Text] in city of [Illegible Text] to be elected by general ticket, on 2d Sat. in Dec. in each year. Two Aldermen in each Ward, and such to be designated on voter's ticket. Plurality vote to [Illegible Text]. Term of office. 11. Sec. II. Be it further enacted, That the Mayor of said city shall have the power and authority to try all persons charged with retailing spirituous liquors within the corporate limits of said city, without a License first had and obtained from the said city authorities, as now prescribed by law; also, to try any and all persons charged with the commission of the following offences within the corporate limits of said city, to-wit: The selling or furnishing a slave with spirituous liquors, contrary to law; the trading with

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slaves contrary to law; for fighting, malicions mischief, keeping a disorderly house, the keeping, permitting or maintaining a nuisance to the annoyance of his, her or their neighbors; and for the petty offences against the health, peace and good order of said city; and upon a hearing and conviction by said Mayor for any of said offences, he shall impose upon the offender, such fine for the same, as have been or may hereafter be prescribed by the laws of this State or the Ordinances of said city. And upon the failure of the parties to pay said fine, and all costs, as the same shall be ordered and directed by said Mayor to be paid, then said delinquent may by the order, in writing, of said Mayor, be imprisoned in the City Guard House, or in the common Jail of Muscogee county, for such term of time as have been or may be prescribed by law for the punishment of such offences. Mayor to try persons [Illegible Text] with [Illegible Text] Spirituous Liquors, without license. Also to try persons for other offences. [Illegible Text] may impose fines. Or imprison in city Guard House or in common Jail of [Illegible Text] co. 12. Sec. III. Be it further enacted, That the Mayor and Council of the City of Columbus, shall have the power to establish and keep up one or more public Markets in said city, for the sale of poultry, eggs, butter, milk, fresh meats, and vegetables of any kind, and all other such articles as are usually vended at a City Public Market; and shall govern the same by such rules and regulations as said Mayor and Council shall deem necessary and proper; and may prescribe and enforce fines and penalties for a violation of market laws and regulations; Provided however, That said Mayor and Council may grant private licenses for the sale of marketable articles, or any of them, at a place or places in said city, other than the public market, upon such terms, regulations and control as the said Mayor and Council may adopt. Mayor and Council may establish a city Market, and make rules for government thereof. Marketable articles may [Illegible Text] sold at other places, as Mayor and Council may [Illegible Text]. 13. Sec. IV. Be it further enacted, That the power, authority and jurisdiction for the trial of certain offences conferred by the second section of this Act, on the Mayor of the city of Columbus, be, and the same are hereby conferred upon the Mayor of the city of Albany; provided, that judgment of acquittal or conviction for any of said offences by the said Mayor, shall be a bar to any indictment or prosecution for said offence in the Superior Court. Mayor of Albany to have powers sin [Illegible Text] to those granted to Mayor of Columbus in 2d section of of this Act. Judgment to be a bar to an indictment in Superior Court. 14. Sec. V. Be it further enacted, That the Mayor of said city of Albany, shall be entitled to receive a salary for his services, to be fixed by an ordinance of the Mayor and Council of said city, whenever the citizens at their annual election for such officer shall declare in favor of such a change, by an indorsement on their tickets, of salary or no salary. Salary of Mayor of city of Albany. How allowed and fixed. 15. Sec. VI. Be it further enacted, That so much of the charter of said city of Albany, as requires taxes for the support of the city government, and other purposes, to be assessed when the State Tax [is assessed?] be, and the same is hereby repealed; and in future the Mayor and City Council be, and they are hereby authorized to lay such taxes as may be necessary for the support of said city government, and in such a way as shall be deemed by them to operate most equally on all the citizens and property within the corporate limits of said city. Taxes for support of the city of Albany, need not be ass'd when State tax is, but the Mayor and Council may levy the same as they may think best. 16. Sec. VII. Repeals conflicting laws. Assented to 6th, Dec 1858

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(No. 133.) An Act to amend an Act, entitled an Act, to incorporate the city of Americus. 17. Section I. Be it enacted, That hereafter when any fi. fa. issued by the corporate authorities of said city for fines, forfeitures, taxes or any other debt or demand due said corporation, shall be levied on any property, and claimed by any other person, not a party to said fi. fa., that said claim shall be interposed under the same rules, regulations and restrictions as regulate other claim cases; and the said claim shall be returned and tried before a jury in the first Justices Court, or Inferior or Superior Court, having jurisdiction thereof, as the case may be. Claims to property levied on under fi. fa. in favor of the incorporation, how imposed, returned and tried. Assented to 10th Dec., 1858. (No. 134.) An Act to authorize the Mayor and Aldermen of the city of Savannah and Hamlets thereof, and their successors in office, to institute a system of drainage for the same, under certain conditions therein named. 18. Section I. Be it enacted, That the Mayor and Alderman of the city of Savannah and Hamlets thereof, and their successors in office, are empowered and authorized to institute a system of drainage for the same, through any of the lands adjacent to the said City and Hamlets thereof, into the Savannah river: Provided however, That the city shall pay such damages for land taken and right of way obstructed, as shall be assessed in the manner pointed out by the Act of December 14th, 1835, amendatory of the charter of the Central Railroad and Banking Company of Georgia, defining the method of assessing like damages. And provided also, That when the said Mayor and Alderman shall take and use any private canal, or portion of canal as a part of such system, the said city shall be compelled to keep the same opened, and in such order as to protect the proprietors of adjacent lands: And provided further, That the contents of privies and water closets, shall not be conducted or emptied into said drains or sewers. System of drainage authorized. Damages to be assessed. Canal to be kept in order, etc. 19. Sec. II. And be it further enacted, That should said drain or Sewers deposit obstructions or form a bar at its entrance into the river, it shall be the duty of the Mayor and Alderman of Savannah aforesaid, to remove the same upon ten days notice from the proprietors of adjacent wharf property, and also to indemnify the owners of adjacent wharf property for any damage sustained by the same. Obstructions to be removed, ete. 20. Sec. III. Repeals conflicting laws. Assented to, December 13, 1858.

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(No. 135.) An Act to amend the charter of the town of Monticello, in Jasper county, so as to give the election of Marshal of said town to the legal voters of said town, and for other purposes. 21. Section I. The General Assembly of the State of Georgia, do enact as follows; That from and after the passage of this Act, the charter of the town of Monticello in Jasper county, be so amended, that the Marshal of said town of Monticello, shall be elected by the legally qualified voters living within the incorporate limits of said town, at the same time and under the same rules and regulations, as the commissioners of said town are elected. Marshal to be elected by the people. 22. Sec. II. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 136.) An Act to be entitled an Act, to repeal the Third and Fourth Sections of an Act, entitled an Act to amend an Act, to incorporate the toun of Lumpkin, in Stewart county, assented to, December 26 th, 1831; approved January 17 th, 1850, and prescribe the duty of the Road Commissioners. 23. Section I. Be it enacted by the General Assembly of the State of Georgia, That the third and fourth sections of the above recited Act, be and the same are hereby repealed. 3d and 4th sections of Act of 17th Jan. 1850, repealed. 24. Sec. II. That the persons and hands in the incorporate limits of the town of Lumpkin, shall be subject to street or road duty, in such manner as though no corporation was there; and as such, shall be apportioned by the Road Commissioners for said district, among the several overseers by them appointed, and subject to like fines and penalties as any other person not within the corporate limits of any city, town or village in this State. Road hands residing in town of Lumpkin, may be compelled to do road duty outside the limits of the town. 25. Sec. III. Repeals conflicting laws.' Assented to, December 11, 1858. (No. 137.) An Act to amend the charter of the town of Calhoun, so as to give the Town Council of said town, the power to impose a Corporation Tax, on all retailers of Spirituous Liquors, within the corporation of said town. 26. Section I. Be it enacted, That from and after the passage of this Act, the town Council of the town of Calhoun, is hereby authorized and empowered to impose a Corporation Tax of any amount not exceeding one hundred dollars, upon any and all retail establishments for the retail of Spirituous, malt, or intoxicating liquors of any kind, within the corporate limits of said town of Calhoun, and that all conflicting laws are hereby repealed. Town Council of town of Calhoun may tax Re tailers of [Illegible Text] Liquors. Assented to, December 11, 1858.

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(No. 138.) An Act to make valid and binding the subscriptions heretofore made by the Mayor and Council of the city of Columbus, to the stock of the Mobile and Girard Railroad Company, and to the stock of the Montgomery and West Point Railroad Company; and to make valid and binding the bonds issued by the said Mayor and Council to said Companies in payment of the same; and to declare and make valid the ordinances heretofore passed by said Mayor and Council authorizing the collection of taxes for the payment of interest accruing on said bonds; and to authorize the Mayor and Council of said city to levy and collect a tax annually for the purpose of paying the principal and interest of said bonas; and to authorize the collection of taxes for the payment of the principal and interest of all legal contracts which have been or may hereafter be made by said corporation. Whereas, the Mayor and Council of the city of Columbus did heretofore subscribe for stock in the Mobile and Girard Railroad Company, and for stock in the Montgomery and West Point Railroad Company, and did issue the corporotion bonds of said city of Columbus, with coupons thereto attached, for the interest accruing thereon, in payment of said stock; which bonds have been received by said Companies; Preamble. And whereas, the said Mayor and Council of the city of Columbus have heretofore annually levied and collected a tax from the persons and property of said city of Columbus; for the purpose of paying the interest semi-annually accruing on said bonds; And whereas, the Supreme Court has decided that the ordinances heretofore passed by said Mayor and Council of the city of Columbus, imposing a tax for the payment of the interest on said bonds, was unauthorized by law, whereby not only the validity and legality of said bonds have been questioned, but the said city is deprived of the means of paying the same, or the interest accruing thereon; And whereas, the Mayor and Council of the city of Columbus, and the citizeus of said city of Columbus, in public meeting assembled, have acknowledged the validity of the contracts heretofore made, by which said bonds and coupons were issued, and have recognized the obligation which rests upon said corporation to pay the principal and interest of said bonds, as the same may become due: 27. Sec. I. Be it therefore enacted, That the subscriptions for stock, heretofore made by the Mayor and Council of the city of Columbus, in the Mobile and Girard Railroad Company, and in the Montgomery and West Point Railroad Company, and the bonds and interest coupons issued by said Mayor and Council to said Companies in payment of the same, be, and the same are hereby declared and made legal and valid, and shall be held binding upon the said corporation of the city of Columbus, according to the original purpose, terms, tenor and effect thereof. Subsc'ns for stock in certain Railroad Com's, m'de valid and binding. 28. Sec. II. Be it further enacted, That the Mayor and Council

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of the city of Columbus shall have, and are hereby invested with full power and authority to levy, assess, and collect, annually, including the present year, a tax upon and from the persons residing in said city, or doing a regular business of any sort therein, and upon all real and personal property lying and being within the corporate limits of said city, and upon all other items and subjects liable to taxation in said city by the laws now of force; which tax shall be levied and collected in such manner as has been or may be prescribed by the said Mayor and Council for the collection of taxes, and which shall be appropriated to the payment of the interest and principal of said bonds, as the same may become due and payable, and to the payment of any demand which may be made against said city on account of taxes which may be adjudged to have heretofore been illegally collected for the purpose of paying said interest. City Council may assess tax to pay int. and principal of certain b'nds And for payment of other demands against city of Columbus 29. Sec. III. Be it further enacted, That the ordinances heretofore passed by the Mayor and Council of the city of Columbus, anthorizing the collection of taxes for the purpose of paying the interest on said bonds, are hereby declared to be valid and legal; and the taxes collected by virtue of the same shall be held and deemed to have been legally collected; and the taxes yet due under said ordinances, and unpaid, shall be collected as the said Mayor and Council have heretofore, or may hereafter direct; and the money arising thereform shall be appropriated to the payment of the interest accruing on said bonds, or to the payment of any debt owing by said corporation for money borrowed to pay said interest. Certain ordinances heretofore passed, made valid. 30. Sec. IV. Be it further enacted, That whenever the Mayor and Council of the city of Columbus, shall make any contract which is legal and binding on said corporation, the said Mayor and Council shall have the power and authority to levy and collect a tax as aforesaid, for the payment of the principal and interest which may become due on such contract. Taxes may be assessed to pay legal [Illegible Text] made by Mayor and Council. 31. Sec. V. And be it further enacted, That upon the payment of the tax for Railroad purposes, as provided for in the foregoing provisions of this Act, it shall be, and is hereby made the duty of the Mayor and Council of the city of Columbus, to cause scrip to be issued to the tax payer for the amount of Railroad tax so paid, to be redeemed in stock when presented to said Mayor and Council in amounts sufficient to make one or more shares in the stock of said Railroad Companies. Scrip to be issued for [Illegible Text] [Illegible Text] taxes paid 32. Sec. VI. Repeals conflicting laws. Assented to December 11, 1858.

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(No. 139.) An Act to amend an Act entitled an Act to amend the several Acts of force in relation to the incorporation of the town of West Point in Troup county, c.; and also to incorporate and confer certain powers upon the Trustees of the First Precbylerian Church at Atlanta, c., passed in 1853-4, * * See Acts 853-4, p. 279. so far as relates to the First Presbyterian Church of Atlanta. Also to extend the corporate limits of the town of Buena Vista, and to confer certain powers upon the Commissioners thereof. Also, to locate and define the line between the counties of Berrien and Coffee. Also, to add Numbers 219, 254 and 256 in the fourth district of Irwin, to the county of Wilcox. Whereas, the said First Presbyterian Church of Atlanta, has, since the passage of the above mentioned Act, been divided or formed into two churches, thereby causing doubt as to the authority of the Trustees to act under the provisions of the above recited Act: Therefore Preamble. 33. Sec. I. Be it enacted by the General Assembly of the State of Georgia, That the said Trustees, incorporated by the Act above referred to, or those who have been duly elected as their successors in office, be, and the same are hereby declared Trustees of the church now known as the First Presbyterian Church of Atlanta; to have and possess the same powers, capabilities and rights which were conferred on them by the above recited Act, of which this is amendatory; except as to the power of filling vacancies that may occur in said Board of Trustees from death, resignation or otherwise, which shall hereafter be filled by a vote of the members of said church, in such manner as the said members may adopt. Acts of 1853-4, amended. 34. Sec. II. And be it further enacted, That from and after the passage of this Act, the corporate limits of said town of Buena Vista be, and the same is hereby extended the distance of one mile in every direction from the Court-House. Corp'te limits of Buena Vista. 35. Sec. III. And be it further enacted, That the fourth section of said Act, approved February 17th, 1854, See Acts 853-4, p. 213. be so amended as to authorize the said Commissioners of said town, to levy a poll tax of one dollar on each and every white male citizen living within the corporate limits of said town, and a tax on all taxable property held, owned, or used in said town, not exceeding three times the amount of the State tax. 4th section of Act of 1853-4, amended. 36. Sec. IV. And be it further enacted, That said Commissioners shall have power to levy a tax on all billiard tables and ten-pin-alleys, not exceeding fifty dollars annually. Tax on billard tables, etc. 37. Sec. V. And be it further enacted, That said Commissioners shall have power to enforce order whilst sitting to hear and determine all cases which may be heard before them, by fine and imprisonment, or both; fine not to exceed twenty dollars, and imprisonment two days; that they shall have power to compel the attendance

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of witnesses, after being served with a subp[oelig]na at least one day before the sitting of said Commissioners, and any witness failing or refusing to attend, after due notice, shall be subject to like penalties that would attach, had they been summoned by the Superior or Inferior Court. To enforce order by fine and imprisonment. Compel attendance of witnesses. 38. Sec. VI. And be it enacted, That the election of said Commissioners shall be held on the second Saturday in January next, and on the second Saturday in January each year thereafter; but should the said election, from any cause, fail to be held on that day, that, on giving five days' notice advertising at the Court-House, [it?] shall be held on any other day. Elec'n when held- 39. Sec. VII. And be it further enacted, That the tax which may be levied under this Act, shall be collected at any time the Commissioners may direct. Tax when collected. 40. Sec. VIII. And be it further enacted, That for the purpose of more effectually carrying out the provisions of this Act, said Commissioners shall be, and they are hereby authorized to use and employ the jail of said county in punishing persons violating the provisions of this Act. May use the jail. 41. Sec. IX. And be it further enacted, That this Act shall not be so construed as to authorize the Commissioners to levy any tax on lands within the corporate limits of said town, used for farming purposes. [Illegible Text] lands not taxable. 42. Sec. X. And be it further enacted, That from and after the passage of this Act, Numbers two hundred and nineteen, two hundred and fifty-four, and two hundred and fifty six, in the fourth district of Irwin county, belonging to the estate of James Hollingsworth, be added to the county of Wilcox. 219, 254, and 256 in 4th dis. Irwin added to Wilcox. 43. Sec. XI. And be it further enacted, That the line now dividing the counties of Berrien and Coffee, be so changed as to include the territory in the fork of said Alapaha and Willocoochee Rivers, south of Coffee's Road, in the said county of Berrien; and to make Willocoochee River, from its junction with the Alapaha, the substantial line between Berrien and Coffee counties; and that the citizens in said territory, with their lands and localities, be, and they are hereby included in the said county of Berrien. Line chn'g between Berrien and Coffee. 44. Sec. XII. Repeals conflicting laws. Assented to Dec. 13, 1858.

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(No. 140.) An Act to incorporate the town of Camilla in the county of Mitchell, and to provide for the election of President, Councilmen Treasurer and Marshal for the same and for other purposes therein mentioned, and to amend the charter of the Ellijay Railroad Company; and to incorporate an Insurance Company to be called the Merchants and Mechanics Mutual Insurance Company of the city of Macon; and to incorporate the Excel Line Steamboat Company of Georgia; and to amend an act entitled an act to amend an act, to incorporate the town of Carrollton, in Carroll county, approved March 3d, 1856. 45. Section I. Be it enacted, That the inhabitants now living and that may hereafter reside upon the territory within one mile in every direction from the Court House, in the town of Camilla in the county of Mitchell, be and they are hereby constituted and made a body corporate, by the name and style of the town of Camilla, and the said inhabitants who are entitled to vote for the members of the General Assembly of the State of Georgia, and have resided ten days within said corporate limits, shall meet at the Court House in said town, on the second Saturday of January next, and on the second Saturday of January in each year hereafter, and elect from thee citizens of said corporate limits, one President, three Councilmen, one Marshal and Treasurer; and said President and Councilmen shall be vested with the municipal government of said town of Camilla; and as President and Councilmen of said town and under that name and style, shall have full power to have a common seal or scroll, and to hold, purchase, have, receive, enjoy, possess and retain to them and their successors, for the use of said town of Camilla any real or personal estate within the jurisdictional limits of said town of Camilla, and shall be capable under the aforesaid name and style, to sue and to be sued in any Court of law or equity in this State. Town of Camilla incorporated. Qualification of voters. time of election. authorized to elect a President and Council mem. May have a seal, hold property, sue and be sued, c. 46. SEC. II. And be it further enacted, That the election for said officers, shall be held by one Justice of the Peace and one freeholder, or one Justice of the Inferior Court and one freeholder, and in the event thereof that there shall be no election at the time herein specified, then said officers shall remain in office until their successors are elected and qualified; ten days notice of said election in all cases to be given by a Justice of the Peace or the said president; and in the event of the resignation or death of any of said officers, an election may be at any time ordered by complying with the provisions of this act; all of said officers to hold their office twelve months, or until their successors are elected and qualified. Who to hold election, c. Notice of election, etc. Term of office. 47. SEC. III. And be it further enacted, That the said officers, before entering on the duties of said office, shall take and subscribe the following oath, to-wit: I, A. B., do solemnly swear that I will faithfully perform the duties of President, Councilmen, Marshal or Treasurer (as the case may be) of the town of Camilla. [Illegible Text]

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48. Sec. IV. That the said President and Councilmen, shall have power and authority to levy and collect taxes upon all such property as are taxable by the laws of this State, within the said corporate limits, to the amount of one half of the State tax, and not more, and poll tax of not over two dollars upon each adult male inhabitant; and said tax shall be collected in manner hereafter prescribed by this act. Authorized to levy taxes etc. 49. SEC. V. And be it further enacted, That said President and Councilmen, shall have full power and authority to make all laws, rules and regulations for the proper government of said town; to impose and collect fines not under one, nor over thirty dollars, and imprison for not under one, nor over fifteen days, for any one violation of said by-laws rules and regulations aforesaid. Rules and regulations, fines, etc. 50. Sec. VI. And be it further enacted, That said President and Council shall have power to tax all shows in said town of Camilla, performing there for purpose of gain; to issue license to retail spirituous liquors in said town or corporate limits, and to charge for the same a sum not exceeding thirty, or over one hundred dollars; and the said retailers of spirtuous liquors in said town, shall also comply with the law now in force, as to bond and oath; the said President and Council shall have power to tax itinerant trades in said town, and they shall have power to enforce the collection of taxes, fines and penalties, in such manner as they may see proper. Tax on shows, retailers, etc. Tax on itinerant traders, etc. 51. Sec. VII. And be it further enacted, That said President and Councilmen shall elect one of their number, Clerk of the Council, and fix the salaries of said Clerk, Marshal and Treasurer; and shall require bond and security from said offices for such amounts as they may think proper and right. May elect Clerk and other officers fix salaries, etc. 52. Sec. VIII. And be it further enacted, That the said President during his term of office, shall also be clothed with authority of acting Justice of the Peace, so far as to authorize him, within said corporate limits of said town, to bind over all persons charged with violating the laws of this State, to answer for such imputed offence to the Court having jurisdiction thereof, and to act as conservator of the Peace. President to act as Justice of the Peace. 53. Sec. IX. Be it further enacted, That said President and Councilmen, shall hold their meetings at such time and place as they may see fit and proper; shall pass laws and ordinances for the control of slaves and free persons of color in said town, and to suppress nuisances from hogs, dogs, horses, mules, and other stock straying at large in said town; they shall have power to tax all ten pin or other ball alleys and billiard tables in said town; and they shall have power to suppress or remove the inmates of lewed or disorderly houses out of said corporate limits. May pass laws and ordinances. Tax billiard tables, etc. 54. Sec. X. And be it further enacted, That all moneys arising from licenses, fines and forfeitures, under the provisions of this act or of any rules, by-laws or ordinances passed in conformity there-with, shall go into the Treasury of said corporation, and be disposed of as the President and Councilmen may direct, for the exclusive benefit of said town. fines etc., to be paid into the Treasury

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55. Sec. XI. And be it further enacted, That said President and Councilmen, shall have power and authority to dismiss from office said Marshal, for failure or neglect to perform the duties of his office, and immediately give notice for the election of a successor, and shall appoint a Marshal to act in and during the time of all vacancies: Provided, that no by-law, rule, regulation or ordinances shall be of force, which is contrary to the laws and constitution of this State. May dismiss Marshal, fill vacancies, etc. 56. Sec. XII. The General Assembly of the State of Georgia do further enact, That the charter of the Elijay Railroad Company, be and the same is hereby amended by adding thereto the following provisions; that the South-eastern terminations of the road authorized to be constructed by said charter, shall be at 01 near Marietta, and located on such route as the directors may select. Elijay R. R., charter amended. terminus at Marietta. 57. Sec. XIII. Be it further enacted, That William Philips, Edward Denmead, George N. Lester, Nepolean B. Green and Benjamin Johnson of Marietta, are hereby appointed commissioners to receive subscription for stock at Marietta; That James R. Brown, Andrew J. Shuford of Cherokee, be, and they are hereby appointed commissioners to receive stock at Canton; and William Cox, Benjamin Johnson and Watson B. Coleman of Elijay, be and they are hereby authorized to receive subscription for stock at Elijay; and said commissioners may receive subscription for stock at any other place than those herein named. Commissioners appointed. 58. Sec. XIV. And be it further enacted, That in the event any of said commissioners should fail to perfom the duties hereby assigned them, those who do act in this behalf, may perform such duties, or appoint others to fill any vacancy that may occur; and a majority of the acting commissioners may at any time call a meeting of the stock holders, by giving the notice required by the act of which this amendatory. Comm'rs may fill vacancies and call meeting of stockholders. 59. Sec. XV. And be it further enacted, That so much of the provisions of the original charter as conflict with this act, are hereby repealed; and all other provisions therein contained, are hereby enacted to remain in full force. parts of previous charter repealed. 60. Sec. XVI. And be it further enacted, That Benjamin F. Ross, John B. Ross, William A. Ross, Asher Ayres, James Griffin, J. B. Ayres, Barnard Hill, George T. Rogers, Aaron, A. Roff and J. T. Driggers, and their associates, shall be and are hereby incorporated and made a body politic, by the name and style of the Merchants and Mechanics Mutual Insurance Company of Macon, and shall continue a body politic until the first day of January 1880, eighteen hundred and eighty, and by that name shall sue and be sued in any of the Courts of this State; and are hereby made capable to have and hold real and personal estate, so far as may be necessary for the purpose of fully securing the purposes of said association; to make a common seal and alter and change the came at pleasure, and pass all by-laws, rules and regulations for the good order and government of said incorporation, not contrary to the Constitution and laws of this State. Merchants and Merchanic's Insurance Company incorporat'd. May sue and be sued, and hold prop'ty. Seal and by-laws.

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61. Sec. XVII. And be it further enacted, That Benjamin F. Ross, John B. Ross, William A. Ross, Asher Ayres, Barnard, Hill, George F. Rogers, Aaron A. Ross, Daniel T. Driggers and their associates, or any five of them, be and they are hereby constituted a board of commissioners, whose duty it shall be, at any time within twelve months after the passage of this act, to open a book of subscription, for shares in the capital stock of said company, in the city of Macon, and shall continue and keep said book open at such place, and for such time as said commissioners may agree upon, until at least one hundred thousand dollars of capital stock is subscribed for. Comm's appointed to open books. 62. Sec. XVIII. Be it further enacted, That the capital stock of said Company, shall be at least one hundred thousand dollars, which may be increased to three hundred thousand dollars by a vote of a majority of the stockholders, which shall be divided into shares of one hundred dollars each; and the company shall not commence business until one hundred thousand dollars of said stock is subscribed for, in bona fide solvent subscriptions. Capital stock etc., 63. Sec. XIX. Be it further enacted, That upon subscribing, each stockholder shall pay, in cash, at the time of such subscription, five per cent of the amount of such subscription, and pledge real estate in one half, and no more, of its fairly appraised value, for ninety-five per cent; which real estate shall be wholly unincumbered and free from all claims or liens affecting the titles thereto, and shall be then pledged and bound for any debt, dues, or demand of said Company up to the full amount of such subscription. 5 per cent to be paid, and real estate pledged. 64. Sec. XX. Be it further enacted, That said Company may insure against loss or damage by fire; may insure lives; may take river and marine risks, and all such like risks as are usually taken and made by Insurance Companies, and charge therefor such premiums for said risks as are usual and customary. May insure against fire etc. 65. Sec. XXI. Be it further enacted, That upon any loss or damage accruing to any one insured by this Company, such loss shall be paid within sixty days after the proof of such loss, with interest thereon from the day of the accrual of the loss. losses to be paid in sixty days. 66. Sec. XXII. And be it further enacted, That the board of directors, or a majority of them, when organized shall, when in their judgment it is necessary to call in an installment from the stockholders to meet losses that may occur, said directors shall give ten days personal notice to each stockholder, or require notice to be left at his or her notorious place of abode, specifying the time and place and object of the meeting and amount required in each share; and if such installment, when so required, is not promptly paid, the directors shall have full power and authority to sell, upon thirty days public notice, the property of the stockholders so pledged and bound, or so much thereof, if it can be sold in parcels, as may be necessary to pay such installment; and after paying the full amount of the debt so incurred, and for the full amount of the stock so subscribed, the balance of the proceeds of sale shall be paid over to the owner of said property, provided, if the stockholders will make oath that

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the debt, or any part of it, is not due, and give security to pay the eondemnation money on the final trial, he shall have the right of appeal to the Superior Court of the county of his residence, which security shall be bound as in cases of appeal now provided by law. D'ctr's may call in installments. Notice to be given. D'ct'rs may sell property pledged Right of appeal. 67. Sec. XXIII. And be it further enacted, That said directors shall elect from among their own body a President, and fix his salary; also they shall select a Secretary and regulate his salary. Shall elect [Illegible Text] President and Sec'ty. 68. Sec. XXIV. And be it further enacted, That Peyton S. Wade, Thomas H. Johnson, Richard Johnson and Thomas W. Lund, and such others as they may associate with them, or their successors, are hereby created a body corporate for the purpose of navigating the waters of the Savannah river and elsewhere, by the name of the Excel Line Steam Boat Company of Georgia; by that name they may sue and be sued, answer and be answered, plead and be impleaded in any of the Courts of law and equity having jurisdiction in this State Excel steamboat comp'y incorporat'd. May sue and be sued. 69. Sec. XXV. And be it further enacted, That the capital stock of said Company, shall consist of two hundred shares of one hundred dollars each, and apportioned to present ownership; each share to be entitled to one vote. Capital stock. 70. Sec. XXVI. The said Company may increase their capital stock by the addition of other boats, according to their value, or by new subscriptions to build new boats that shall not exceed the sum of one hundred thousand dollars. Stock may be increased 71. Sec. XXVII. Be it further enacted, That the stockholders shall be jointly and severally bound for final redemption of all the liabilities of said corporation. And be it further enacted, that the said Company shall have power to make its own by-laws, appoint its officers and agents, and to hold real estate connected with their business. Stockholders bound. May Make by-laws, appoint officers etc. 72. Sec. XXVIII. Be it further enacted, That from and after the passage of this act, the commissioners of the town of Carrollton, shall have full power and authortty to levy an extra tax upon all pin alleys billiard tables and all other houses and establishments of amusement and past time, that tend to deprave and corrupt the morals of the citizens of said town, that may be or are erected in said town. Comm's of Carrollton may levy on billiard tables, etc. 73. Sec. XXIX. And be it further enacted, That said Court or board of Commissioners, shall have power to enforce its judgments by fine and imprisonment in the common Jail of said Carroll county; Provided, said fine shall not exceed the sum of fifty dollars and such imprisonment shall not exceed ten days; and it is hereby made the duty of the jailor of said county to receive any person committed to his custody by mittimus of the presiding officer of said Court, and keep him in safe custody until discharged by lawful authority; and for which services he shall receive the usual fees now allowed by law. Cmm's may fine and [Illegible Text]. Limitation. Duty of jailor. 74. Sec. XXX. And be it further enacted, That whenever any execution shall have been issued by said board, either for the collection of a fine, costs or taxes, and the Marshal of said town has made a return of the same, that there is no property of the defendant to be

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found, that a capias ad satisfaciendum, against the body of defendants may issue, bearing test, and directed in the same manner that tax fi fas are required to be, by the act to which this is amendatory; from which the defendant shall not be discharged except by virtue of the laws of this State, made for the relief of honest debtors; and should any such defendant or defendants fail to give security for his or their appearance before the Inferior Court of Carroll county, to take the benefit of said act, as is provided in case of an arrest under a ca. sa. issued from a Justices Court of this State, then and in that case, he or they shall be committed to the jail of Carroll county, there to remain until discharged by due course of law, the said incorporation to be bound for the payment of all costs whenever the effects of said debtor shall prove insufficient for the payment of the same. Ca. sa. may issue in certain cases. [Illegible Text] not to be discharged. May be committed to jail, etc. 75. Sec. XXXI. And be it further enacted, That the Marshal of said town shall have power and authority to appoint a deputy Marshal, who shall take oath and give bond as required by law of the principal Marshal, and whose acts after he shall have been appointed and qualified, shall be as legal and binding as those of the principal Marshal; and shall be allowed the same fees for his services as are allowed the principal for such services. Marshal may appoint a deputy, etc. 76. Sec. XXXII. Repeals conflicting laws. Assented to Dec. 14, 1858. (No. 141.) An Act to amend the several Acts of force in relation to the incorporation of the Town of LaFayette, in the county of Walker. 77. Section I. Be it enacted, That the Commissioners of said town of LaFayette, shall have power and authority to enforce obedience to the by-laws and regulations of said incorporation, either by fine or imprisonment, or both, at the discretion of the Commissioners. Power to enforce obedience to by-laws, etc. 78. Sec. II. And be it further enacted, That whenever at any time the citizens of said town have failed or neglected to elect a Board of Commissioners, the Justices of the Inferior Court of said county, or a majority of them, shall have power to appoint Commissioners for said town, who shall continue in office until Commissioners are elected and qualified. Inf. Ct. to appoint comm'rs. 79. Sec. III. And be it further enacted, That the Commissioners of said town shall have power and authority to appoint Patrols for said town, and to prohibit either Storehouses or retail Liquor Shops from being kept open after dark. And to prohibit boys and other persons from collecting in retail Liquor Shops, in said town, after night, to disturbance of citizens; and to punish the owners of the same, and the persons found therein, either by fine or confinement, or both, at the discretion of the Commissioners. Various powers given comm'rs. Assented to December 13, 1858

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(No. 142.) An Act to amend the First Section of an Act, approved 22 d December, 1857, in relation to the charter of the City of Macon. 80. Section I. Be it enacted, That from and after the passage of this Act, the words of Guard House or City Prison, shall be added, after the words common Jail of Bibb county. Words added to former Act. Assented to December 13, 1858. (No. 143.) An Act to alter and change the mode of electing the Marshal in the City of Marietta, Cobb county. 81. Sec. I. Be it enacted, That immediately after the passage of this Act, the Marshal in and for the city of Marietta, shall be elected by the members of the City Council of Marietta, and their successors in office. City Couccil to elect Marshal. 82. Sec. II. Repeals conflicting laws. Assented to, December 11, 1858. (No. 144.) An Act to amend an Act to incorporate the Town of St. Marys and the several Acts amending the same. 83. Section I. Be it enacted, That the name and style of the Intendant and Council of the town of St. Marys, from and after the passage of this Act, shall be the Mayor and Aldermen of the city of St. Marys, and that the election for Mayor and four Aldermen for said city, shall be held on the first Monday in April next, and the first Monday in each April thereafter, to be superintended by two or more freeholders; and the persons having a majority of votes at such election for Mayor and Aldermen, shall qualify within five days after such election. Name and style changed. Elections when held. 84. Sec. II. And be it further enacted, That the Intendant's Court, shall hereafter be known as the Mayor's Court of the city of St. Mayrs; and that said Mayor's Court shall have jurisdiction of all civil cases not involving the titles to real estate, whether founded in contract or tort: provided, the judgment does not exceed two hundred dollars exclusive of interest and costs; and that the sessions of said Mayor's Court, shall be on the first Wednesday in January, March, May, July, September and November, in each and every year. Jurisdiction of Mayor's Court. 85. Sec. III. And be it further enacted, That all suits for fifty dollars and under, commenced in said Mayor's Court, shall conform to the practice established in Justices Courts, and on all sums

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above fifty dollars, shall conform to the pleadings and practice of the Superior Courts; and the defendants in all judgments rendered in said Mayor's Court for sums exceeding fifty dollars, shall be entitled to a stay of execution for three months, upon filing bond and good security in the Clerk's office within four days after such judgment is rendered, for the principal, interest and costs of said judgment; at the expiration of which time, execution shall issue against principal and security for the same, unless payment thereof is made. Suits under $50. Suits over $50. Stay of execution. 86. Sec. IV. And be it further enacted, That when either party in any case tried in said Mayor's Court, shall take exception to any proceedings in any case affecting the real merits of the same, [and?] shall offer such exceptions in writing, within ten days after the adjournment of said Mayor's Court, which shall be signed by himself or attorney, and if the same shall be overruled by the Mayor, shall give ten days notice thereof to the opposite party or his attorney, and file said exceptions in Clerks office of said Mayor's Court, whose duty it shall be to transmit all the proceedings in said case to the Clerk of the Superior Court, which shall be tried as other certiorari cases, at the first term of said Superior Court, unless good cause be shown for continuance; provided the party taking exceptions, shall pay all costs, and give bond and security for the eventual condemnation money, and any future costs that may accrne. Proceedings in Certiorari. 87. Sec. V. And be it further enacted, That the Mayor of the city of St. Marys aforesaid, or in case of his sickness or absence, three Aldermen, shall, on every Saturday, hold a Police Court for the trial of all minor offences and violations of the City Ordinances, the peace, order or welfare of said city of St. Marys, and inflict such fines and penalties as are authorized by law, and ordinances of said city. Police Court 88. Sec. VI. And be it further enacted, That the said Mayor and Aldermen of the city of St. Marys, shall be vested with full power and authority, by by-laws or ordinances, to regulate the sale of Spirituous Liquors by wholesale or retail; Billiard Tables and Bowling Alleys, and assess such tax on them, or either of them for licenses, as they shall deem fit and proper, or to prohibit the same, in the limits of said city: Also, to pass such by-laws or ordinances as they shall deem fit, for the preservation of the health of said city, from the introduction of any malignant epidemic or contagious diseases, and to assess and impose fines for the violation of said ordinances or by-laws. Sale of [Illegible Text] etc. By-laws. 89. Sec. VII. And be it further enacted, That said Mayor and Aldermen of the city of St. Marys aforesaid, shall be vested with power and authority to subscribe for any number of shares they may deem fit and proper, in any Railroad leading to St. Marys aforesaid, for and in behalf of said city, and thereby to bind the taxes and property of said city for the payment of the principal and interest of any bonds they may issue for that purpose. May subscribe to Railroads. And bind the taxes and property. 90. Sec. VIII. And be it further enacted, That the Mayor of

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said city shall receive such compensation as may be fixed by a by-law or ordinance of said city. Mayor's salary. 91. Sec. IX. Repeals conflicting laws. Assented to, December 13th, 1858. (No. 145.) An Act to alter and amend the charter of the City of Macon, so far as relates to the election of City Sexton. 92. Sec. I. The General Assembly of this State do enact, [Illegible Text] from and after the passage of this Act, the committee appointed by the Mayor of said city or Mayor and Council of said city, on city Cemeteries, such committee usually known and called the standing committee on city Cemeteries, shall nominate some fit and suitable person as Sexton of said city, to the Mayor and Council who may approve and confer such nomination, and if approved, or when such nomination is so approved, such nominee shall be declared duly elected Sexton, and shall hold his office, during good behavior, subject to be removed at any time by a vote of two-thirds of the City Council and with the concurrence of a majority of said committee on city Cemeteries. City Sexton, bow elected in city of [Illegible Text] [Illegible Text] Assented to Dec. 11th, 1858. (No. 146.) An Act authorizing the arrest by the Marshal of the village of Sparta, without warrant, and the confinement in the common jail of the county of Hancock, of all persons violating the laws passed by the Commissioners of said village, against drunkenness, and other gross and immoral conduct in said village, and for other purposes. 93. Section I. Be it enacted, That from and after the passage of this Act, it shall and may be lawful for the Marshal of the village or Sparta, forthwith and without warrant, to arrest any and ail persons violating the laws passed by the Commissioners of said village against drunkenness, and all other gross and immoral conduct in the streets of said village, and to confine said offenders in the common jail of the county of Hancock, until a hearing of the matter can be had before the Commissioners aforesaid. The Town Marshal of Sparta may arrest [Illegible Text] offenders without a warrant, and may imprison tilla [Illegible Text] can be had. 94. Sec. II. And be it further enacted, That the Commissioners of the village of Sparta be, and they are hereby authorized to punish by fine or by imprisonment in the common jail of Hancock, all offenders against the laws of said village passed against drunkenness and other immoral, indecent, and riotous conduct, in the streets of said village. Certain offind'rs may be imprisoned in the comm'n jail of Hancock co. 95. Sec. III. And be it further enacted, That after this Act shall have been passed, and published in one or more of the newspapers of most general circulation in the county of Hancock, it shall be in

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the discretion of the Inferior Court to grant licenses for the retail of, or sale in any quantities whatever, of spirituous liquors, or to refuse such license. The Clerk of the Inferior Court shall have this Act published when he receives the copy of the published Acts. Inf. Ct. may grant or refuse retail license. [Illegible Text] of Inf. Ct. to have this Act published. 96. Sec. IV. All persons desiring to obtain such license, shall make application in writing by petition to the Inferior Court of said county, and shall furnish to said Court satisfactory evidence of good character for industry, sobriety and integrity, and give bond with good and sufficient security, to be judged of by said Court, in the sum of one thousand dollars, conditioned not to sell or furnish any spirituous liquors to any slave or free person of color, or minor under the age of twenty-one years, without the written consent of the master of the slave or the guardian of the free person of color, or the father or guardian of such minor; which bond shall be payable to the Inferior Court, and filed in the office of their Clerk; and license shall not then issue until the applicant for the same has exhibited to the Court the petition of a majority of the legal voters living within three miles, by the usually traveled route of the localities where the privilege is intended to be used, setting forth the place at which they intend or wish the license o tbe used, and the particular quantity or quantities in which they wish the applicant to have license to sell. Regulations in reference to obtaining license to reail. And any person who shall sell liquor in less or greater quantity than expressed in his license, shall be guilty of a misdemeanor, and shall be punished as now provided in the twenty-seventh section of the fourth division of the penal code, for retailing without license. Selling in quantities less or greater than are expressed in license, a misdem'n'r. 97. Sec. V. The bond required by this Act shall be filed in the office of the Clerk of the Inferior Court before license shall issue, and in case any master of a slave, or father, or guardian of a minor shall represent to the Clerk that said bond has been violated in the person of his slave, or son, or ward, to furnish said master, father, or guardian with a certified copy of said bond, whereon suit may be brought in the name of the Inferior Court for the use of the party aggrieved; and said party shall recover upon proof of the violation of the bond, such damages as the jury may believe right; but not less than twenty-five dollars, in each case. Bond how levied on. Damages to be not less than 825. 98. Sec. VI. And applicant shall in all cases, before the application is submitted to the Court, pay the Clerk of the Court one dollar for receiving and filing his application, one dollar for recording and filing his bond, into the county treasury, not less than five dollars, nor more than one hundred, in the discretion of the Court, if his license is granted, Fees to be paid by applicant before [Illegible Text] license. 99. Sec. VII. Be it further enacted by the authority aforesaid, That the Trustees of Sparta Male Academy be authorized to sell the property of said Academy, and to appropriate or invest the proceeds as they shall deem wise and just. Sale of Sparta Male Academy' 100. Sec. VIII. Repeals conflicting laws. Assented to December 11, 1858.

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(No. 147.) An Act to extend the corporate limits of the town of Hartwell, in Hart county. 101. Sec. I. The General Assembly of the State of Georgia do enact as follows: That the corporate limits of the town of Hart-well, in Hart county, are hereby extended to the distance of half a mile from the public square of said town in every direction; and all valid laws and ordinances already made by the lawful authorities of said town, are hereby extended and made valid and binding over said distance of half a mile. Corporate limits' extended. Ordinances- Assented to December 11, 1858. (No. 148.) An Act to incorporate the Town of Waresboro, and provide for the government of the same. 102. Section. I. Be it enacted, That on the first Saturday in March, 1859, and on the first Saturday in January, in each and every year thereafter, the inhabitants of the town of Waresboro, who are entitled to vote for members of the General Assembly of this State, who have resided for three months immediately preceding the election within the corporate limits of said town, unless absent therefrom on lawful business, and who have paid all lawful County and State taxes imposed, as well as all Town taxes hereafter legally imposed, and which they have had an opportunity of paying, shall elect by ballot, five members of Council, of individuals likewise inhabitants of said town who upon accepting the office, shall take and subscribe the following oath, before some lawful officer, authorized to administer an oath: I, A. B., do solemnly swear, (or affirm,) that I will well and truly perform the duties of a member of Council for the town of Waresboro, by the adoption and enforcement of such measures, as to me appear conducive to the general welfare and permanent good of the town of Waresboro; and the said members of Council shall serve twelve months from their election, and until their successors are elected and qualified, unless vacated by removal or death, in which event, an election shall be ordered by the remaining members of Council, to fill such vacancy, first giving ten days notice of said election, before the Court House door in said town. Election of members of Council. Qualification of voters. Qualification of members of Council. Their oath. Their term of office. Vacancies, how filled. 103. Sec. II. And be it further enacted by the authority aforesaid, That the election for members of Council shall be held by two Justices of the Peace or two Justices of the Interior Court, or one of either together with one freeholder; and in the event of there being no election of members of Council at the time herein pointed out, the members of Council then in office, shall continue until their successors are elected, which may be done at any time thereafter

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by the members of Council giving ten days notice of the time and place of holding said election. Elections of members of Council, how held. Election not held at appointed time, may he held afterwards and how. 104. Sec. III. And be it further enacted, That the jurisdiction of said members of Council and the corporate limits shall extend to and commence at A. Smith's Mill, and run with said mill branch to its connection with Coxe's Creek, and thence up Coxe's creek to the first branch South of General T. Hilliard's present residence, thence up said branch to the distance of one half a mile, and thence running North on a line parallel with Coxe's creek till said line strikes A. Smith's mill creek, and thence down it to the said mill to the starting point; and the municipal authorities shall be the five members of Council, or a majority of them, with such other officers as shall hereinafter be described. Corporate limits defined. Municipal authorities declared 105. Sec. IV. And be it further enacted, That said members of Council shall have power to levy and collect a tax to the amount of not more than one third of the State tax, for the use of said incorporation, upon all objects taxed by the laws of this State, and that said tax when so collected in the manner that may be prescribed by said members of Council, shall by them be used for the benefit and use of said town. Taxation. 106. Sec. V. And be it further enacted, That said members of Council, or a majority of them, are empowered to levy a poll tax of not more than two dollars upon each male individual residing within the corporate limits of said town, subject to do road duty under the laws of this State, for the improvements upon, and preservation of all public roads and streets within the corporate limits of said town of Waresboro, to be collected in the ordinary way of enforcing State taxation. Poll tax. Ronds and streets. 107. Sec. VI. And be it further enacted, That said members of Council shall have power to tax all shows performing in said town for the purpose of gain, and all itinerant traders; and they shall have power to force the collection of taxes, fines, and penalties in such manner as they may see proper. Tax on Shows and Peddlers, and pewer to enforce payment. 108. Sec. VII. And be it further enacted, That there shall be a Secretary and Treasurer, which shall be held by one individual; also, one principal Marshal, who shall be elected by the legal voters within the incorporate limits of said town of Waresboro, at the same time, and in the same manner and form, as the members of Council of said town, and said Marshal shall receive annually such sums of money for his services as the members of Council may think his services worth. Secretary and Treasurer, Marshal. Pay of Marshal. 109. Sec. VIII. And be it further enacted, That it shall be the duty of the Secretary, after having received the names of all persons liable to pay taxes, to turn over the register, so kept by him to the Marshal of said town, whose duty it shall be to proceed to collect the taxes assessed in said town, under the same rules and regulations as govern Tax Collectors in this State. Duties of Secretary and Marshal as to collection of Taxes. 110. Sec. IX. And be it further enacted, That in all cases where the Council shall assess and impose a tax, or fine, on any person or persons violating such by-laws and ordinances as may be adopted

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for the support and government of the town of Waresboro, they shall direct the Marshal to collect the same; and should such person or persons refuse to pay such taxes or fines, it shall be the duty of the Secretary to issue a fi. fa. against such defaulter, to be directed to the Marshal to collect by levy and sale of the defendant's goods and chattels, lands and tenements, c., and to be advertised and sold in the same manner and form of Constables sales for all sums under fifty dollars, and in the same manner and form as Sheriffs sales, for all sums over fifty dollars; and that the Secretary shall have thirty-five cents for all fi. fas. so issued, from the defendants and the Marshal shall have the same; provided, that all fi. fas. and ca. sas. issued by said Council shall be signed by the Secretary and bear test in the name of one of the members of the town Council. Taxes or fines for violations of Ordinances, how collected. Sec'y may issue fi. fa. therefor. Marshal to levy and collect same. Fees of Secretary and Marshal. [Illegible Text] fas, how tested. 111. Sec. X. And be it further enacted, That said members of Council shall impose and collect fines for all violations or infractions of the by-laws and ordinances which they may adopt for the peace and good order and dignity of said town, as well as the raising of revenue; provided, said members of Council shall not impose any fine or fines on persons for offences which subject the offender to indictment under the criminal laws of the State, but each member of Council, during his term of office, is clothed with the authority of acting Justice of the Peace, so far as to authorize him, or any one of them, within corporate limits of said town to bind over all persons charged with violating the laws of the State, to answer for such imputed offence to the Court having cognizance thereof, and to act as conservators of the peace. Members of Council may impose and collect fines for violat'us of by-laws, except for such acts as are indictable in the Sup. Cts. They have powers of J. Ps. to certain extent. 112. Sec. XI. Be it further enacted, That said Council shall have power to pass laws and ordinances for the control of slaves and free persons of color within the corporate limits of said town; also, such ordinances as they may deem advisable, for all hogs, dogs, horses, mules, and other stock, straying at large within said corporate limits. Slaves and free persons of color. Hogs, mules and other stock. 113. Sec. XII. And be it further enacted, That members of Council assess and collect such tax on Ten Pin or Ball-Alleys, and all Tippling Houses for the retailing of Spirituous Liquors, and all other houses of like character, as the Council may see fit and proper. Tax on Ten-pin or Ball Alleys, Tippling houses c. And be it further enacted, That the members of Council have power to turn out and discharge the Marshal from his office upon failures or neglect upon his part to discharge his duties faithfully, and appoint a Marshal until an election can be ordered and held to fill such vacancy, which may be done, on giving ten days notice of the time and place of holding the same, at the Court House in said town. Marshal may be turned out of office for not doing his duty, and place filled. 114. Sec. XIII. Repeals conflicting laws. Assented to Dec. 11, 1858.

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(No. 149.) An Act to revive, alter and amend an Act, entitled an Act, to make permanent the site of Public Buildings in Polk county, at Cedar Town, in said county, and to incorporate the same, approved the 8 th February, 1854. 115. Section I. Be it enacted, That all persons residing within the corporate limits of said town, entitled to vote for members of the General Assembly, shall, on the first Saturday in January, in each and every year, elect five Commissioners, whose duty it shall be to serve for one year, and until their successors are elected and qualified; and in case no election shall be held at the time appointed in this Act, that then, at any time thereafter, on ten days written notice being posted at the Court House door, by any two or more citizens of said town, of the time and place of holding such election, the legal voters of said town, may, and shall proceed to elect five Commissioners, in the same way and manner as is preseribed in this Act, and the Act of which this is amendatory. Comm'rs to be elected. 116. Sec. II. Be it enacted, That said Commissioners shall have full power, to make and enforce such by-laws, as they may deem proper for the government, peace and good order of said town: Provided, they are not contrary to the Constitution and laws of this State, or of the United States; and that said Commissioners be, and they are hereby empowered to fine each and every offender against this Act, or the Act of which this is amendatory, or any law made by the said Commissioners under said Acts, not exceeding thirty dollars for each offence; and said Commissioners are hereby fully empowered to imprison such offender or offenders in a Guard House or in the common Jail of the county, until a Guard House is erected, not exceeding ten days, on failure to pay the fine imposed by said board, for each offence so committed. Power of Comm'rs. May fine and imprison of [Illegible Text] 117. Sec. III. Be it further enacted, That said Act of which this is amendatory, be, and the same is hereby revived and in full force, where the same does not conflict with this Act. Former Act revived. 118. Sec. IV. Repeals conflicting laws. Assented to December 13, 1858. (No. 150.) An Act to incorporate the town of Alpharetta, in the county of Millon, and to appoint Commissioners of the same, and to point out the mode of electing Commissioners and other officers of said town, and to confer certain powers on the Commissioners thereaf, and for other purposes therein mentioned. 119. Section I. The Legislature of Georgia do enact as follows, That the corporate limits of the town of Alpharetta in the county of Milton, extend over and embrace the area of one half mile from the Court House, in every direction. Corporate limits.

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120 Sec. II. Be it further enacted, That Oliver P. Skelton, P. F. Rainwater, J. J. Stewart, Thomas J. Harris, and Oliver P. Childers be, and they are hereby appointed Commissioners of said town, who shall, at their first meeting, elect from their body a President, Treasurer and Clerk, and appoint a Marshal and all other officers they may think proper to carry this act into full execution; and the said President and Commissioners, and their successors in office, are hereby declared to be a body corporate and politic under the name and title of the Commissioners of the Town of Alpharetta, and by that name be empowered to sue and be sued, implead and be impleaded in any of the Courts of this State; and the said Commissioners or a majority of them, and their successors in office, shall have full power and authority to make all by-laws, rules and regulations necessary and proper for the government of said town, which are not repugnant to the Constitution and laws of this State or of the United States. Comm's. appointed. May elect Pres. Treas, and other officers. Corporate name, pow'r etc. May make [Illegible Text] etc. 121. Sec. III. Be it further enacted, That the said Commissioners appointed as aforesaid, shall hold their offices till the first day of February 1860, and until their successors are elected and qualified; said election shall be held in the first Monday in January 1860, and annually thereafter; and all persons within said corporate limits who are by law entitled to vote for members of the General Assembly, shall be entitled to vote for said Commissioners; said election shall be conducted by two freeholders who reside within said corporate limits, and if from any cause said election should not be held at the time herein specified, then it shall be lawful to hold it on any other day the Commissioners, or a majority of them, shall direct; and in case of a vacancy by death, resignation or otherwise, said Commissioners shall have power to order an election to fill said vacancy; said election shall be conducted as herein before specified, ten days notice being first given. Term of Office. Time of election. Who may vote. Comm's may direct election to be held. Vacancy how [Illegible Text] 122. Sec. IV. Be it further enacted, That said. Commissioners shall have power to levy a capitation tax of not more than two dollars, on every person within the limits of said corporation, who is subject to road duty; which tax shall be in lieu of said duty, and have power to levy such tax on real property (not exceeding one third of the State tax) as they may think necessary to advance the interest and promote the welfare of the citizens within said corporation. May levy a tax. Tax on real property. 123. Sec. V. Be it further enacted, That all persons within the corporate limits of said town shall be exempt from all road and patrol duty without said limits. Who are exempt from road and patrol duty. 124. Sec. VI. Be it further enacted, That the said Commissioners shall have power to levy a tax, annually, of not more than twenty dollars, upon each grocery or retailing liquor shop, ball alley, billiard table, or any other table of like character which may be set up in said incorporation; they shall also have power to levy a tax not exceeding twenty five dollars, on all shows that may be exhibited within said corporation. Tax on retailers, bill'd tables. etc. Tax on shows. 125. Sec. VII. Be it further enacted, That the said Commissioners shall have power by their clerk to issue executions or enforce

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the payment of all taxes, fines, debts, due to said incorporation in their corporate capacity, bearing test in the name of their President, and be directed to the Marshal, and whose duty it shall be to levy said execution on any of the property belonging to the defendants, that may be found in Milton county. May issue executions for taxes, fines, etc. 126. Sec. VIII. Be it further enacted, That all moneys that may be collected by said corporation by virtue of this act (except their fees herein after mentioned) shall be paid into the hands of the Treasurer to be applied by him as the Commissioners may direct, for the benefit of the citizens of said corporation. All money to be paid to Treas. 127. Sec. IX. Be it further enacted, That said commissioners shall be allowed the same fees as Justices of the Peace are for the like services, and the Marshal shall be allowed the same fees which the Sheriff is now allowed by law for the like services. Fees of comm's etc. Marshal. 128. Sec. X. Be it further enacted, That the said Commissioners and all officers by them appointed, shall, before entering upon the duties of their office, take and subscribe the following oath: I. A. B., do solemnly swear, that I will to the utmost of my ability discharge the duties of a for the town of Alpharetta during my continuance in office, and that I will support and defend the Constitution of the State, and of the United States, so help me God. Oath of officers. 129. Sec. XI Be it further enacted, That said Commissioners shall have power to fine or imprison (or both at their discretion) all persons who shall be guilty of a violation of any of the by-laws, rules and ordinances of said corporation, provided that said fine shall at no time exceed the sum of ten dollars, and that the term of imprisonment shall not exceed five days. Fines and [Illegible Text] Limitation. 130. Sec. XII. Be it further enacted, That the Marshal appointed as aforesaid, shall have power to call to his aid in the execution of the duties of his office, all free white persons capable of bearing arms in said county. Marshal may call in aid. Assented to Dec. 11, 1858. (No. 151.) An act to incorporate the town of Dahlonega in the county of Lumpkin, and provide for the election of Commissioners for the same and for other purposes therein mentioned. 131. Section I. Be it enacted, That the inhabitants of said town of Dahlonega, in the county of Lumpkin, entitled to vote for members of the General Assembly, shall assemble at the Court House in said town on the first Saturday in January next, and on the first Saturday in January in each year thereafter, and by ballot elect five Commissioners for said town, who shall continue in office one year, and until their successors are elected; which election may be held by any three freeholders in said town, who are hereby authorized to administer oaths to each other and to voters; and if said election should not be held on the day herein named, it may be held on any other day, provided, the old Commissioners will give ten days notice at two public places in said town; said Commissioners shall have

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power to fill all vacancies that may occur in the board by death, resignation or otherwise. Time of electing comm's. Terms of office. Freeholders to hold election and administer oath. Ten days notice. Comm's to [Illegible Text] vacancies Com's may sue and be sued. 132 Sec. II. Be it enacted, That said Commissioners and their successors, shall be a body corporate under the name and style of the Commissioners of the Town of Dahlonega, and in said name shall sue and be sued in law or equity, and shall have a Common seal, and shall [Illegible Text] full power to pass all laws and ordinances, which they or a majority of them shall deem best for the good of said town, not repugnant to the Constitution and laws of this State, and of the United States; and they shall have power to levy and collect fines for any and all violations of said laws and ordinances, and to imprison offenders, and erect and provide a prison for that purpose within the corporate limits of said town; and shall have power to levy and collect a poll tax, not exceeding one dollar, and [to levy and collect?] a tax on the property of the citizens of said town; which shall not exceed the tax required by the State; and may issue execution for the collection of all fines, penalties and taxes, and enforce the same by levy and sale, through such officers as they shall appoint, and in such manners they shall direct. May pass laws and ordinancies. May collect taxes and fines. May erect a prison and imprison offenders. Poll tax. How collected. 133. Sec. III. Be it further enacted, That said Commissioners shall have power to tax all shows and exhibitions of every kind, all places and establishments of amusement, to tax peddlers and free persons of color, and pass and enforce all other laws, which they shall deem best for the health and good of said town, not repugnant to the Constitution and laws of the United States and the State of Georgia. Tax on shows etc. 134. Sec. IV. Be it further enacted, That the corporate limits of said town shall extend one mile in each direction from the Court House, and the inhabitants shall not be subject to work on the roads outside of the corporate limits of said town, and the streets and public roads of said town shall be under the control of said Commissioners. Corporate limits. 135. Sec. V. Be it further enacted, That said Commissioners on entering into office take the following oath. You as the Commissioners of the town of Dahlonega, shall well and truly and impartially enforce the laws and ordinances of said town, and in all respects demean yourself as you shall deem best for the good of said town, so help your God. Oath of com'rs. 136. Sec. VI. And be it further enacted, That all laws on the subject of incorporation of the town of Dalonega are hereby repealed. Former laws repeated. Assented to Dec. 11, 1858. (No. 152.) An Act amendatory of an act, to make permanent the site of the public buildings for the county Walton, at Monroe, and to incorporate the same, assented to, 30 th November, 1821. 137. Section I. The General Assembly of the State of Georgia

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do enact, That the fourth section of the act of which this is amendatory, shall, from and after the passage of this act, read as follows; [Illegible Text] sec. of act of 30th Dec. 1821, modified. And be it further enacted, That the said commissioners shall hold their respective appointments hereby given them, until the first Monday in January, one thousand eight hundred and twenty three, at which time and on every subsequent year thereafter, the citizens of the town of Monroe, entitled to vote for members of the General Assembly, shall choose, by ballot, five persons to succeed them as Commissioners of said town, and they are hereby invested with full power and authority, to make such by-laws and regulations, and to inflict such pains and penalties and [Illegible Text] and do all other incorporate acts as in their judgment shall be most conducive to the good order and government of the said town of Monroe; provided, such by-laws and regulations be not repugnant to the Constitution and laws of this State; and provided further, that the poll tax for the corporation shall not exceed twenty-five cents, and the tax upon taxable property within the corporation shall not exceed six and one quarter cents on the hundred dollars of valuation, and provided further, that no by-law, ordinance or regulation of said corporation, shall authorize or require more than double the State tax, now imposed on retailers of spirituous liquors for license to sell the same within said corporation, and no fine or penalty exceeding fifty dollars on billard, tables, shall be collectable by virtue of any by-law or ordinance of said town; and provided further, that the punishment of slaves shall not extend to affecting life, limb or member. Comm'rs, their term of Office. Election of. Their powers to make by-laws. Poll tax. Other tax. Limit of taxation. Retail license. Fines. Slaves. 138. Sec. II. Repeals conflicting laws. Assented to, December 11, 1858. TITLE IV. COUNTY OFFICERS. * * For Act legalizing Acts of Samuel Curtwright, Ordinary of Troup county, see Executors, Administrators, Ordinaries c., Title VII, No. 177. No. 153. Constables in Chatham [Dagger] [Dagger] For Fees of Ordinary of Chatham, see county regulations, Title V, No. 164, section 2. and Carroll. No. 154. Tax Collector and Receiver in Worth. No. 155. Clerks Superior and Inferior Courts in Mitchell. No. 156. Clerks Superior and Inferior Courts in Glasscock and Webster. No. 157. Tax Collector and Receiver in Haralson. No. 158. Tax Collector and Receiver in Dawson. No. 159. Tax Receiver and Collector of Pierce and Worth. [Dagger] [Dagger] See ante No. 154, for the same law as to Worth county. No. 160. Tax Collector and Receiver of Richmond. No. 161. Fees of Magistrates and Constables, in Warren.

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(No. 153.) An Act to point out the manner in which Constables neglecting or refusing to levy or collect the money on distress warrants, for fines, shall be ruled before the General Board of Road Commissioners of Chatham and Carroll counties, and also to make it the duty of the Sheriff of said counties, to serve such rules and attachments thereon, and to define his fees for the same. 1. Section I. Be it enacted, That when distress warrants are placed in the hands of any county Counstable by the General Board of Road Commissioners, or by the District Commissioners, of Chatham and Carroll counties, to be levied for fines, and such levying Constable fails or refuses to make such levy, or to raise the money on such distress warrants by the next annual meeting of said General Board, it shall be the duty of said General Board to issue a rule nisi against said Constable, calling upon him to show cause instanter why he has not levied such warrants or made the money thereon; and should he fail to show sufficient cause, then the said General Board shall issue an attachment against such Constable, who shall be imprisoned in the common jail of the county until he purges himself of contempt, either by showing sufficient cause or by paying the money due on such Distress Warrants to the said General Board. County Constables f'iing to levy or to make the money on certain distress warrants in Chatham Carroll co's. may be [Illegible Text] Proceedings to be had on such rules. Such Constable may be imprisoned for contempt. 2. Sec. II. And be it further enacted, That it shall be the duty of the Sheriff of Chatham county to serve rules and attachments, when issued, for which he shall receive such fees as the Coroner of said county receives for serving like rules and attachments against the Sheriff. Sheriff of Chatham co. shall serve such rules and attachments, his fees therefor. 3. Sec. III. Repeals conflicting laws. Assented to, December 11, 1858. (No. 154.) An Act to repeal an act to consolidate the offices of Taz Collector and Receiver of Tax Returns, so far as respects the county of Worth, passed the first of March, 1856, and to provide for the election, in future, of one Tax Collector and one Tax Receiver separately in said county of Worth, as provided for by the general laws of this State. 3. Sec. 1. Be it enacted, That from and after the passage of this Act, so much of the Act entitled an Act to consolidate the offices of Tax Collector and Receiver of Tax Returns, of the county of Worth, passed and assented to March 1st, 1856, be, and the same is hereby repealed. Act of March, 1856, repealed as to Worth co. 4. Sec. II. And be it further enacted by the authority a foresaid, That hereafter it shall be the duty of the proper officers in the county of Worth, at each election of county officers as provided by law, to open and hold an election for one Tax Collector and Tax Receiver, who shall severally take and hold their offices as by the general

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laws of this State, any law or usage to the contrary notwithstanding. Tax Collector and Receiver of Tax Ret'rns hereafter to be elected in Worth co. under the general laws Assented to Dec. 11, 1858. (No. 155) An act to consolidate the offices of Clerk of the Superior and Inferior Courts of the county of Mitchell. 5. Sec. I. Be it enacted, That from and after the expiration of the Commissions now held by the Clerks of the Superior and Inferior Courts of the county of Mitchell, their offices shall be consolidated. Offices of Ol'k of Sup. and Inf. Cts. to be consolidated in Mitchell co. hereafter. And that hereafter one person shall be elected and commissioned to fill both of said offices. 6. Sec. II. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 156.) An act to consolidate the offices of the Clerk of the Superior and Inferior Courts of the county of Glasscock, and for other purposes. 7. Sec. I. Be it enacted, That from and after the first day of January, eighteen hundred and sixty, the offices of Clerk of the Superior and Inferior Courts of the county of Glasscock, shall be held by one and the same person. After 1st Jan., 1860, the offices of Cl'k Sup. Inf. Cts in Glasscock co to be consoldated. 8. Sec. II. Be it further enacted, That from and after the expiration of the present term for which the Clerk of the Superior Court and Clerk of the Inferior Court of Webster county were elected, the office of Clerk of the Superior and Inferior Courts of said county be, and the same are hereby consolidated; and that one and the same person be eligible in law to fill the office of Superior and Inferior Clerk, for said county of Webster. Here'fter the offices of Clk Sup, and Inf Cts in Webster co. to be consolidated 9. Sec. III. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 157.) An Act to consolidate the offices of Tax Collector and Receiver of Tax Returns, of the county of Haralson. 10 Sec. II. Be it enacted, That from and after the passage of this Act, the offices of Tax Collector and Receiver of Tax Returns of the county of Haralson shall be consolidated, and both offices held by one and the same person, any law or usage to the contrary notwithstanding. Offices of Tax Collector and Receiver of Tax Returns in the county of Haralson to be consolidated. 11. Sec. III. Repeals confliciing laws. Assented to Dec. 11, 1858.

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(No. 158.) An Act to consolidate the offices of Tax Collector and Tax Receiver of the county of Dawson. 12. Sec. I. Be it enacted, That from and after the passage of this Act, the offices of Tax Collector and Tax Receiver for the county of Dawson, shall be held by one and the same person, any law, usage or custom to the contrary notwithstanding. Offices of Tax Collector and Receiver of Tax Returns of Dawson [Illegible Text] to be consolidated. Assented to Dec. 13, 1858. (No. 159.) An Act to consolidate the offices of Tax Receivers and Collectors of Pierce county, and to dissolve the offices of Tax Collector and Receiver of the county of Worth. 13. Sec. I. Be it enacted, That from and after the passage of this Act, the offices of Tax Receiver and Collector of Pierce county be consolidated; and be it further enacted, That one man holds both offices, any law or custom to the contrary notwithstanding. Offic's of T'x Receiver and Collector in Pierce co to be consolidated. 14. Sec. II. And be it further enacted, That the offices of Tax Collector and Receiver of the county of Worth, from and after the passage of this Act, shall be dissolved, and no longer be held by one person, but shall be held by two individuals. Offic's of [Illegible Text] Coll'ctor and Receiver in Worth co to be held by different persons. Assented to Dec. 13, 1858. (No. 160.) An Act to extend the provisions of the eleventh section of the Acts approved February 22d, 1850, in relation to compensation of Tax Collectors and Receivers of [Illegible Text] county to the county of Richmond. 15. Sec. I. The General Assembly do enact as follows: That the compensation now allowed by the provisions of the eleventh section of an Act passed and approved the 22d of February, 1850, to the Tax Collectors and Receivers of Chatham county be, and the same is hereby allowed to the Tax Collectors and Receivers of Richmond county. Provisn's of 11th sec. of Act of 22nd Feb., 1850, extended to Richmond [Illegible Text] 16. Sec. II. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 161.) An At to repeal an Act approved February 15th, 1854, to extend the provisions of an Act regulating the fees of Magistrates and Constables, c., so far as relates to the county of Warren, c. 17. Sec. I. Be it enacted, That from and after the passage of this Act, Constables of the county of Warren shall be entitled to only

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one dollar per day for their attending the Superior and Inferior Courts of said county. Fees of [Illegible Text] in Warren [Illegible Text] for attend'ng on Courts [Illegible Text] be $1 pr. day 18. Sec. II. Repeals conflicting laws. Assented to Dec. 11, 1858. TITLE V. COUNTY REGULATIONS. No. 162. Tales Jurors in Chatham county. No. 163. To facilitate Mining in White county. No. 164. Retail license in Wilcox, and fees of Ordinary in Chatham. No. 165. Retail license in Marion, Elbert, Bibb and Mitchell. No. 166. Retail license in Stewart. No. 167. Retail license in Lincoln. No. 168. To legalize districts made, and lines changed, and acts of officers in Cherokee county. No. 169. Patrol laws in Walker county. No. 170. Forest trees, c., in Whitfield county. No. 171. Tobacco inspection in town of Canton. No. 172. Clerk Sup. and Inf. Court of Burke county. No. 173. Camp hunting in Miller county. No. 174. Tax Collectors in Decatur county, (insolvent costs.) No. 175. Justices' Court at Holmesville, (two Constables.) (No. 162.) An Act to prescribe the mode and manner of selecting, drawing and summoning tales jurors for the trial of criminal cases in the Superiro Court of the county of Chatham, and for other purposes herein mentioned. 1. Sec. I. Be it enacted, That it shall be the duty of the Justices of the Inferior Court of the county of Chatham, of a majority of them, together with the Sheriff of said county and the Clerk of said Inferior Court, to convene at the Court House, of said county of Chatham, on the first Monday of January, 1859, and biennially on the third Monday in January thereafter, and select from the books of the Receiver of Tax Returns for said county of Chatham, the names of all citizens of said county between the ages of twenty-one and sixty, and make a list of the persons so selected, and cause the Clerk of said Inferior Court to fairly enter said list in a book for that purpose, to be provided at his own expense; and it shall be the further duty of the said Justices of the Inferior Court then presiding, to cause the said Clerk of the Inferior Court to make out tickets with the names of the persons so selected; which tickets shall be put in a box, to be provided by said Clerk at the public expense; which said box shall be locked and sealed up by the said Justices

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of the Inferior, Court, and placed in the care of the Clerk of Superior Court of said county of Chatham; and the key thereof in the care of the Sheriff of said county of Chatham. Manner of selecting, drawing and summoning [Illegible Text] jurors for the trial of criminal [Illegible Text] in Chatham co. 2. Sec. II. Be it further enacted by the authority aforesaid, Whenever and as often as it shall be found, on the trial of any criminal case in said Superior Court of Chatham county, that there are not a sufficient number of regularly summoned jurors in attendance to constitute a panel to be put upon the prisoner or defendant, then the Judge of said Superior Court shall call for the box aforesaid, containing the names as aforesaid, and in open Court shall draw from said box the names of a sufficient number of persons to make up the panel as aforesaid; which persons shall be immediately summoned by the Sheriff of said county, or his deputy, and shall constitute the tales jurors for the trial of said case. Such tales jurors to serve in case only that the regular panels are exhausted. How then drawn and summoned. 3. Sec. III. Repeals conflicting laws. Approved Dec. 11, 1858. (No. 163.) An Act to facilitate mining operations for Gold, and for other purposes, in the county of White * * Although the body of this Act is in general terms, yet, by reference to the Senate Journals December 6th, it will be seen that the operation of the Act was restricted to White county alone. By mistake or oversight, this amendment was not included in the body of engrossed Act, although indicated in the caption. Whereas, by the improved method of washing for gold on the hydraulic plan, the pressure of water is made to equal the labor of many men; and whereas, it would seem that by this process alone can the mineral wealth of large portions of our mining districts be ever fully developed; and whereas, in order to obtain the necessary elevation for water, it has often to be conveyed for a distance of miles: Preamble- 4. Sec. I. Be it enacted, That all companies now or hereafter to be incorporated for the purpose of mining for gold and its attendant minerals by means of hydraulic hose with other methods, shall have the right to conduct the water of any creeks or branches by means of ditches, canals, c., not to exceed six feet in width at bottom, through all such lands as it may be necessary to pass, and to make such dams, dykes, c., as the security and permanence of the work may require. Provided said company shall pay, if demanded so to do, for all the wood, stone, and other material used by the company, together with such damages for land, and the use of water, as the parties interested may agree upon. And in the [Illegible Text] of a disagreement, the damages shall be assessed by five disinterested free holders, chosen by said parties, whose award shall be final. Hydraulic Mining Companies, their powers and privileges. Assessment of damages, how made. 5. Sec. II. Repeals conflicting laws. Assented to Dec. 13, 1858.

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(No. 164.) An act entitled an Act, to amend an Act, entitled an Act, to regulate the Tavern License in this State, approved December 15 th, 1809, so far as the same relates to the county of Wilcox, and to define the Fees of the Ordinary of Chatham county, in this State. 6. Section I. Be it enacted, That from and after the passage of this Act, the price for license to retail Spirituous Liquors in the county of Wilcox, shall be one hundred dollars, to be granted under the same rules, laws and regulations as now prescribed by law; any law, usage or custom to the contrary notwithstanding. Ret'l license in Wilcox co [Illegible Text] be $100, to be granted as [Illegible Text] 7. Sec. II. Be it further enacted, That the fees of the Ordinary of Chatham county in this State, shall hereafter be as follows, towit: [Illegible Text] of Ordinary in Chatham co. For whole proceedings, in granting and issuing Letters of Administrations and Warrant of appraisement, and recording the same, $15 00 Letters of Administration and warrant of ap'nt, Letters of administration ad colligendum. For whole proceedings in granting and issuing Letters of Administration ad colligendum, and recording the same, 5 00 For whole proceedings in granting and issuing Letters of Guardianship and Warrant of Appraisement, and recording the same, 15 00 Letters of [Illegible Text] and warrant of appraisement. For whole proceedings in admitting a Codicil to probate and record, 5 00 Codicil. For whole proceedings in granting andissuing Letters of Administration, cum testamento annexo, and warrant of appraisement, and recording the same. 15 00 Letters of adm'n cum testamento. For whole proceedings in appointing an Executor, Administrator, or Guardian in the place of one dismissed or discharged, 7 00 Appointing Adm'r, Ex'r. or Guar'dn in place of one remv'd. For whole proceedings in granting and issuing Letters Dismissory, 8 00 Letters dismissory. For recording Will of less than one page of record book, and 15 cents for every one hundred words over one page. 2 00 Recording will. For docketing and trying each Caveat against the discharge of an Administrator, Guardian or Executor, 3 00 Caveat against letters of dismission. For issuing a commission of Lunacy and recording proceedings thereon, 5 00 Coms'n of Lunacy. For every order for the sale of property and recording the same, 2 00 Order for sale of property. For docketing and trying each Caveat against the probate and record of a will, 5 00 Caveat against probate and record of will. For examining and passing each return of Executors, Administrators and Guardians, 2 50 Return of Ex'r, Adm'r and Guardian. For recording return and vouchers 13 cents for every hundred words. For recording each inventory of Trust Estate, 3 00 Inventory of Trust estate.

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For recording each inventory of Executor, Administrator or Guardian, estates if less than one page of record book, And 13 cents for every hundred words over one page. 2 00 Inventory of Ex'r, Adm'r, etc. If over one page. For every commission to set apart widows support, and recording return of the same, 2 50 Widow's support. For every order to divide property and recording return of the dividers, 3 00 Division of property. For every order dismissing for cause an Execuor, Administrator or Guardian, and recording the same, 2 00 Dismissing Ex'r, Adm'r, etc. for cause. For every order discharging an Administrator, Executor or Guardian for age or other incapacity, 2 00 For age or other incapacity. For every Rule to show cause and proceedings thereon, 3 00 Rule to show cause. For every certified copy of a record, the same as for recording the original, 2 00 Copy of Record. For every simple certificate not attached to certified copies of records, 1 00 Other certificates. For taking and recording Bond on each appeal and certifying the same to the Superior Court, 2 00 Taking bond on appeal. etc. For every search, 35 Search For every subp[oelig]na, 35 subp[oelig]na Marriage license. For every Marriage License. 1 50 For Seal, Provided, the fees here allowed shall only be chargeable to and paid by the citizens of Chatham. 1 00 Seal. These [Illegible Text] to be charged against citizens of Chatham co. only 8. Sec. III. Repeals conflicting laws. Assented to December 11, 1858. (No. 165.) An Act to provide for the retail of spirituous liquors in the counties of Marion, Elbert, Bibb and Mitchell in this State, and for other purposes therein mentioned. 9. Section I. Be it enacted, That at the Spring Term of the Superior Court in the counties of Marion, Elbert, Bibb and Mitchell, in this State, it shall be the duties of the Grand Jury in each of said counties, in their general presentments, to designate and declare what shall be the amount of the license fee for the retail of Spirituous Liquors in their respective counties for and during that year. Amount of retail license fee in the co of Marion, Elbert, Bibb and Mitchell to be fixed by their Grand Juries. 10. Sec. 2. Be it further enacted, That any person wishing to sell spirituous liquors, by the retail in either of the said counties in this State, shall be at liberty to do so, by paying to the Clerk of the Inferior Court, of such counties, the license fee provided as aforesaid by the Grand Jury of that county, and [having?] complied in other respects with the retail laws now of force in this State. How retailer to obtain license. 11. Sec. III. Be it further enacted, That every person upon obtaining license to sell spirituous liquors, by the retail, in the counties of Marion-and Elbert, in this State, shall first take and subscribe an oath in writing, that he will not sell to, or furnish any slaves or free person of color, any spirituous liquors whatever, without the consent

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of the owners of such slaves or the guardian of such free persons of color. Oath of retailer in Marion and Elbert counties. 12. Sec. IV. Be it further enacted, That any person who shall retail spirituous liquors in either of the aforesaid counties in this State, without first obtaining license to do so as provided in this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding 500 dollars, or imprisonment in the common jail of the county, at the diseretion of the Court. Selling without license a [Illegible Text]. Peanlty. 13. Sec. V. Be it further enacted, That any retailer of spirituous liquors in either of the aforesaid counties in this State, who shall have taken the oath provided in 3d section of this act, and shall violate the same, shall be guilty of false swearing; and upon conviction of the same, shall be sentenced to the penitentiary for a term not less than two, nor more than five years. Violation of oath, false-swearing. Penalty. 14. Sec. VI. Be it also enacted, That if in either of the aforesaid counties in this State, the Grand Jury shall fail or refuse to assess a license fee, as provided in this act, then and in such case, any person wishing to retail spirituous liquors in such county, shall be licensed to do so, under the laws now of force in this State. Grand Jury failing to assess [Illegible Text] retailers may he licensed as before passage of this act. 15. Sec. VII. Be it enacted by the authority aforesaid, that the provisions of said act, be and are hereby extended to all that part of the county of Bibb, lying out of the confined limits of the city of Macon. Provisions of this act to apply to all of Bibb co, outside of confined limits of the city of Macon. 16. Sec. VIII. And be it further enacted, That the provisions of this act be extended to all that portion of all the county of Mitchell, not included in the corporate limits of the town of Camilla. Corporate limits of the town of Camilla, also excluded. 17. Sec. IX. Repeals conflicting laws. Assented to December 11, 1858. (No. 166.) An Act to prevent the sale of spirituous liquors in the county of stewart from one to five gallons only, on conditions herein named. 18. Sec. I. Be it enacted by the General Assembly of this State, That any person desirous of selling spirituous liquors in the county of Stewart, from one to five gallons, shall pay to the clerk of the Inferior Court of said county the sum of seventy-five dollars for license so to do; and it shall be the duty of such applicant to take and subscribe the oath now prescribed for retailers; and the money shall be paid to the Commissioners of poor schools, and become a part of the poor school fund of said county. License to retail spirituous liquors under five gallons in Stewart co., how granted 19. Sec. II. Be it enacted, That for a violation ef this Act, the person so offending shall be liable to the same penalties as are now prescribed by law for violating the statute against retail license. 20. Sec. III. Repeals conflicting laws. Penalty for violation. Assented to December 11, 1858.

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(No. 167.) An Act to confer certain rights and powers on the Justices of the Inferior Courts of the county of Lincoln, in relation to granting licenses to retail liquors, and to keep tippling houses. 21. Sec. I. The General Assembly of the State of Georgia do enact as follows: That from and after the passage of this Act, the Justices of the Inferior Court of Lincoln county shall have the right and power to grant or refuse, at discretion, all applieants for license to retail or to keep a tippling-house in said county; and in cases where they issue or grant a license as aforesaid, they shall have the right and power to demand therefor whatever sum of money they please, and [to impose?] whatever terms and conditions they please; which sums, when received, shall be disposed of as the law now directs for the fees of retail license. Justices of the Inf Ct. in Lincoln [Illegible Text] may granter refuse to grant retail license, as they please. And may impose such terms, etc., they please. 22. Sec. II Repeals conflicting laws. Assented to Dec. 10, 1858. (No. 168.) An Act to repeal an Act, entitled an Act, to repeal so much of an Act, entitled an Act, to authorize the Justices of the Inferior Courts of the several counties in this State, to creafe and lay out any new district, or change and alter the lines of those already laid out, assented to 23d December, 1839, so far as relates to the county of Cherokee, assented to December 22d, 1840. And to legalize all districts made and lines changed by the Inferior Court of Cherokee county, since the passage of said Act, and to legalize the acts done by the officers elected in said district. 23. Section I. Be it enacted, That from and after the passage of this Act, the above recited Act, is hereby repealed. Act of 22d Dec. 1840, repealed. 24. Sec. II. And be it further enacted, That all districts which have been made or lines changed by the Inferior Court of Cherokee county, since the passage of the above recited Act, are hereby legalized, and the Acts of all officers elected in said districts, shall be of full force and effect, as if the above recited Act had not been passed. Laying out of certain Mi. dists in Cherokee co., etc., legalized. 25. Sec. III. Repeals conflicting laws. Assented to, December 11, 1858. (No. 169.) An Act to repeal an Act, entitled an Act, to amend the Patrol Laws of this State, approved February 20 th, 1854, so far as relates to the county of Walker. 26. Section I. Be it enacted, That the Act entitled an Act, to amend the Patrol Laws of this State, approved February the 20th 1854, be, and the same is hereby repealed, so far as relates to the

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county of Walker; and that the Laws regulating patrols previous to the passage of said Act of February 20th, 1854, be and the same are hereby declared in full force in the county of Walker, from the passage of this Act. Act of 20th Feb. 1854, repealed as to Walker co. Old laws to be in force. Assented to, December 11, 1858. (No. 170.) An Act for the protection of Forest Trees, and other timber, in the county of Whitfield, and to punish certain offences in violation thereof. 27. Section 1. Be it enacted, That any person or persons who shall feloniously take and carry away any tree or trees or other timber, knowing the same to be the property of another, in the county of Whitfield, with the intention of selling the same for firewood, or other purposes, shall be liable to be indicted, and on conviction, punished as in other cases of misdemeanor, with fine and imprisonment. Feloneously taking and carrying away forest trees in Whitfield co. made indictable. 28. Sec. II. Repeals conflicting laws. Assented to, December 11, 1858. (No. 171.) An Act to establish a Tobacco Inspection in the town of Canton, and provide for the appointment of Inspectors. 29. Section I. Be it enacted, That there be established a Warehouse and Tobacco Inspection in the town of Canton, Cherokee county. Appointment of Tobacco Inspectors in town of Cauton. 30. Sec. II. Be it further enacted, That the Justices of the Inferior Court of Cherokee county, are hereby authorized to recommend for the appointment of Tobacco Inspectors by or before the first of July next, and every first of July thereafter, six persons to the town Commissioners of the town of Canton. From the number thus recommended, the said Commissioners shall appoint three persons to be Inspectors of Tobacco at the town of Canton, whose duties, liabilities and fees, shall be the same as are now prescribed and allowed by the general laws regulating tobacco inspection in this State. Assented to, December 11, 1856

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(No. 172.) An Act to authorize and require the Clerk of the Superior and Inferior Court of Burke county, to make a report to the Inferior Court of said county, of all moneys collected or received by him, from fines, or otherwise, for county purposes, and to settle the same with said Court instead of the Grand Jury as now practiced. 31. Section I. The General Assembly of the State of Georgia do enact as follows, That the Clerk of the Superior and Inferior Courts of Burke county, be, and he is hereby authorized and requested [required?] to report and settle with the Inferior Court of said county, any and all moneys collected and received by him for said county from any and all sources, whenever called upon and required by said Court so to do. Cl'k Sup. Inf. Ct. of Burke co. to account for county moneys received by him to Inf. Court. 32. Sec. II. Repeals conflicting laws. Assented to, December 11, 1858. (No. 173.) An Act to prevent non-residents of the county of Miller from Camp-hunting, and for other purposes therein mentioned. 33. Section I. Be it enacted, That from and after the passage of this Act, any person or persons not residents of the county of Miller, who shall be guilty of Camp-hunting in the county of Miller, shall be deemed and considered guilty of a misdemeanor, and on conviction thereof before any Court having jurisdiction thereof, shall be fined in a sum of not less than fifty dollars; nor more than one hundred dollars, one half of which shall go to the informer, the other to the Ordinary for the use of the county for poor school purposes. Camp-hunting by non-residents in Miller co. prohibited. Fine, how disposed of. 34. Sec. II. Be it further enacted, That the provisions of this Act shall not extend to any non-resident who may own land in Miller county, or camping within the enclosure of a citizen in said county, or be accompanied or piloted by some citizen owning land in said county. Exceptions to the operations of [Illegible Text] Act. 35. Sec. III. Repeals conflicting laws. Assented to, 11th December, 1858. (No. 174.) An Act to allow Tax Collectors in Decatur county, their commissions on insolvent executions. 36. Section I. Be it enacted, That the Tax Collectors of Decatur county, shall be allowed their usual commissions on all insolvent

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executions, and their accounts for the same, when examined and approved by the Inferior Court, shall be paid by the county Treasurer. Tax Collectors in Decatur co. al-1 lowed their Commissions on insolvent executions, and how paid. Assented to 13th Dec., 1858. (No. 175.) An Act to amend an Act approved Feb. 23 d, 1850, entitled an Act to establish a Justices Court at Holmesville in Appling county, and to define the limits of the district, and provide for the election of two Justices of the Peace, and a Constable, as officers of said Court. 77 Sec. I. Be it enacted, That the above recited Act be so amended as to provide for the election of two Constables for said district, where it now only provides for the election of one. Act of Feb-23d, 1850, so amended as to pro'ide for election of 2 Constables 78. Sec. II. Repeals conflicting laws. Approved 13th Dec., 1858. TITLE VI. COUNTY SITES. For Act relative to removal of county site of Baker county, see Judictary, Title XVIII Section 46. For Act to make permanent the site of public buildings in Polk county, see Cities and Towns, Title III, No. 149, Sec. 3.

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TITLE VII. EXECUTORS, ADMINISTRATORS, ORDINARIES, C. No. 176. Guardians, c., in Richmond to invest funds in city bonds of Augusta. No. 177. To legalize acts of Samuel Curtright, Ordinary of Troup No. 178. Ordinary of Troup, (administrator of James M. Potts.) No. 179. Ordinary of Gordon, (estate of Jas. C. Longstreet.) No. 180. Ordinary of Houston, (will of Curtis C. Gray.) No. 181. To legalize acts of George W. Harris, executor of Jeptha V. Harris. No. 182. Relating to John W. Reid, administrator of Samuel B. Daniel. No. 183. Relating to Martha B. Banks and Joseph H. Banks, administrators. No. 184. Wm. M. Reese, administrator of Toliver Jones. No. 185. James B. Battle, trustee of Josephine H. Jackson. (No. 176.) An Act to authorize guardians, administrators and trustees residing in the county of Richmond to invest the funds in their hands, as such, in the bonds of the city of Augusta, issued by authority of the City Council of Augusta. 1. Sec. I. The General Assembly do enact as follows: That guardians, administrators, executors and trustees residing in the county of Richmond and State of Georgia be, and they are hereby authorized to invest any funds in their hands, as such, in the bonds of the City Council of Augusta, issued by the authority of the City Council of Augusta. How certain trust funds may be invested in Richmond co 2. Sec. II. Repeals conflicting laws. Approved 11th Dec., 1858. (No. 177.) An act to legalize the election and make valid the acts of Samuel Curtright, as Ordinary of the county of Troup. 3. Sec. I. The General Assembly of Georgia do enact, That the acts of Samuel Curtright, Ordinary Elect to fill the vacancy caused by the death of Thomas C. Evans, be, and the same are hereby declared legal and valid, all laws to the contrary notwithstanding. Acts of [Illegible Text] Curtright ratified. Approved Dec. 11, 1858.

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(No. 178.) An Act to authorize the Ordinary of Troup county to pass upon the application of the administrators of James M. Potts, late of said county, deceased, for leave to sell the land and negroes belonging to said estate, at an adjourned term of the Court of Ordinary for said county. Whereas, the administrators of James M. Potts, late of Troup county, deceased, have applied to the Ordinary of said county for leave to sell the land and negroes of said estate, and citation of said application has been advertised in the LaGrange Reporter, a public gazette of said State, giving notice to all parties concerned that said application would be passed upon by the said Ordinary at the November term of said Court, 1858; and whereas, the said Court has been adjourned to Monday, the 15th of November, A. D. 1858; and whereas, it is highly important to the interests of said estate that such sale shall take place on the first Tuesday in January, A. D 1859, which cannot legally be unless leave be granted at the said adjourned term of the Court of Ordinary of Troup county: Therefore, Preamble 4. Sec. I.. Be it enacted, That the Ordinary of Troup county be, and he is hereby authorized, at the adjourned term of the Court of Ordinary of Troup county, to be held on the 15th day of November, A. D. 1858, to make all such orders, decisions, judgments and rules as to him may seem proper, and for the best interest of the heirs and creditors of the estate of James M. Potts, in relation to the sale of the land and negroes of said estate, or any part thereof, as fully as if he were at the time presiding in a regular term of said Court. Ordinary authorized to make certain orders, rules, etc. Assented to Nov. 11, 1858. (No. 179.) An Act to authorize the Court of Ordinary of Gordon county to pass an order in vacation, authorizing the sale of the lands and negroes belonging to the estate of James C. Longstreet, deceased, late of said county, on the first Tuesday in January next, by Jefferson M. Lamar, administrator with the will annexed, on said estate. Whereas, it is of importance to the estate of James C. Longstreet, late of Gordon county, deceased, that the lands and negroes belonging thereto should be sold on the first Tuesday in January next; and whereas. notice of application for leave to sell was published in the Georgia Platform, a newspaper in said county, on the seventeenth day of September last, so that an order for the sale cannot be granted until the December term of the Court of Ordinary of said county, which would render it impossible for the sale to take place on the first Tuesday in January next: Preamble.

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5. Sec. I. It is therefore enacted, That the Court of Ordinary of Gordon county be allowed to grant an order for the sale of said lands and negroes unto Jefferson M. Lamar (administrator with the will annexed of said James C. Longstreet, in vacation, and at such time as will enable said administrator to sell said lands and negroes on the first Tuesday in January next, and give forty days no tice thereof, as required by law. Ordinary [Illegible Text] to grant orders, etc. 6. Sec. II. (Repeals all conflicting laws.) Assented to Nov. 15, 1858. (No. 180.) An Act to prevent the escheat of the property of Curtis G. Gray, late of Housto county, deceased, and to carry out the intention of said Gray as to his estate. Whereas, Curtis G. Gray, a very old gentleman, he having attained the age of eighty-three years, and having no kindred, either lineal or collateral, and having been, while in life, kindly cared for during his last years, and he having prepared his last will and testament, which, for want of due execution, was not admitted to probate as a will, or its provisions carried out; and there being no one entitled by law to the estate, the same must escheat; for remedy whereof, and to carry out the intention of deceased as to his estate, Will of Curtis G. Gray, of [Illegible Text] Preamble. 7. Sec. I. The General Assembly of the State of Georgia do enact, That the property of said deceased shall not escheat; but the same shall be distributed according to the terms and provisions of the unsigned will of said decease; which said will is hereunto annexed. Property shall not escheat. 8. Sec. II. Repeals conflicting laws. Assented to Dec. 11, 1858. WILL OF CURTIS G. GRAY. * * The original will is filed with the enrolled Act in the office of Secretary of State, by order of his Excellency the Governor.COMPILER. GEORGIA, HOUSTON COUNTY, MARCH , 1858. I, Curtis G. Gray, being of an advanced age, and considering the uncertainty of human life, and being yet of a sound and disposing mind, I proceed, in the name and fear of God, to make this my last will and testament: In the first place, (having no legal representative or heir) I proceed to appoint W. G. Vinson, of Houston county, and John Murray, of Macon county, Ga., as my executors, to settle my estate, and carry out the instructions herein contained. 2d. I wish to serve the cause of humanity by assisting the families of the indigent poor as participants of my generosity. I will name the familles of Hiram Green, James Bras-well, Samuel Rogers' widow, and David Allen, of Bibb county, and Washington Walls. 3d. My estate, which consists of notes on different persons, after my decease, I wish collected; and after my just debts are paid, my burial expenses, c., I wish disposed of in the following. I wish each of the above mentioned families paid 25 dollars yearly, with the injunction that it is to be used for the real necessaries of life. Provided these families should continue to need their legacy, or by imprudence in life render themselves unworthy of my bounty, of which I wish my executors to be the judges; to be continued until each family shall receive one hundred dollars. I bequeath to John Murray the amount of the note which I hold on him. Lastly, I bequeath to W. G: Vinson the balance of my notes that are in Houston co. which perhaps will be about five hundred dollars. GEORGIA, HOUSTON COUNTY. Before us personally came John Murray and Wm. G. Vinson; and being duly sworn,

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say that the foregoing paper was written by Wm. G. Vinson at the instance, and request, and by the direction, and as directed by Curtis G. Gray; that it was written about ten days before the death of said Curtis G. Gray, and which death occurred on the 27th day of March, 1858, at the house of said Vinson; that the said paper was intended by the said Gray to be his last will and testament, and so written at his request; and that when it was written, no one was present to witness it but deponents; and it was, on that account, not then executed; that said Gray appointed a day to have it executed; but before the day appointed, he, the said Gray, lost his mind from violent disease; and on that account, deponents have no doubt, and that account alone he failed to execute it; they further say, that said Gray was in his proper mind when said Gray caused said paper to be written. W. G. VINSON, JOHN H. MURRAY. Sworn to and subscribed before us this 11th Nov., 1858, S. R. SMITH, J. P. (No. 181.) An Act to make legal and valid all acts done and performed by George W. Harris, of the State of Mississippi, as executor of the last will and testament of Jeptha V. Harris, late of Cobb county, and for other purposes. 8. Section I. The General Assembly of the State of Georgia do enact, That all acts that have or may hereafter be done by George W Harris, of the State of Mississippi, as executor of the last will and testament of Jeptha V. Harris, late of Cobb county, (deceased,) shall be as valid and binding, and of the same force and effect, as though the said George W. Harris were a citizen of Georgia, any law, usage or custom to the contrary notwithstanding. Acts of G W Harris ratified. Assented to, December 10, 1858. (No. 182.) An Act to authorize and empower John W. Reid, administrator on the estate of Samuel B. Daniel, late of Greene county, deceased, to vest any surplus funds in his hands, arising from the sale of crops c., under limitations and restrictions herein set forth. 9. Section I. Be it enacted, That John W. Reid, the administrator on the estate of Samuel B. Daniel, late of Green county, in said State, deceased, be and he is hereby authorized and empowered to lay out, expend and vest any surplus funds of said estate, in his hands, arising from the net proceeds of sale of crops, after deducting all expenses of said estate, in the purchase of such real estate as he may deem necessary for the benefit of said estate, the said real estate when so purchased, to be held by him as administrator as aforesaid, as the property of said estate; provided, such investment and purchase, shall first be approved by an order of the Ordinary of said county of Greene, upon full and satisfactory evidence, that the same will be for the benefit, and to the advantage of said estate, and the parties mentioned therein. Administor authoriz'd to purchase re'l estate, o be app't'd by Ord'y etc. Assented to December 13, 1858.

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(No. 183.) An Act authorizing Martha B. Banks administratrix, and Joseph H. Banks administrator of Richard Banks deceased, to sell certain lands at private sale. 10. Section I. Be it enacted, That Martha B. Banks administratrix, and Joseph H. Banks, administrator of Richard Banks, deceased, late of the county of Hall, are hereby authorized, to sell at private sale, all the lands lying out of the county of Hall, belonging to the estate of said deceased; provided, that if any of the heirs of Richard Banks, should become dissatisfied and make complaint to the Ordinary of Hall county, then they shall be compelled to sell as now required by law. Lands authorized to be sold at private sale c- 11. Sec. II. Be it enacted, That all conflicting laws are hereby repealed. Assented to, December 11, 1858. (No. 184.) An Act for the relief of William M. Reese, administrator of Toliver Jones deceased. 12. Section I. The General Assembly do enact, That William M. Reese of Wilkes county, administrator of Toliver Jones, deceased, be and he is hereby authorized to keep together the negroes and other property of said estate, after the twelve months from the date of his letters of administration have expired, and work them upon the plantation of said deceased, Toliver Jones, until a division is called for, by any of the distributees of said estate and after the first division is made, to ascertain any distributee's share, the same being made so as only to ascertain that one's part, said William M. Reese may keep the remaining shares together, until a second division is called for by any distributee. W. M. Reese adm'r authorized to k'p together certain prop'ty. Assented to Dec. 13, 1858. (No. 185.) An Act to confer certain powers upon persons therein named, and authorize a settlement between them. 13. Section I. The General Assembly of Georgia do enact, That James B. Battle, of Monroe county, who has been appointed trustee for certain negro property, settled by her father upon Josephine H. Jackson, (wife of Edmond H. Jackson of Monroe county,) and her children, be and he is hereby authorized to deliver said property to his cestui que trust, Josephine H. Jackson, and her receipt to him for the same, its issues, rents, and profits, shall be as valid and binding to relieve the said James B. Battle, as such trustee, from

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any further liability, as though she were a feme sole and authorized to receive the same. J. B. Battle, Trustee authoriz'd to deliver certain prop'ty. 14. Sec. II. And be it further enacted, That said Josephine H. Jackson, be and she is hereby declared liable for said property in the same manner, and to the same extent as though she were a feme sole, and had been duly appointed trustee to control the same: Provided, that nothing in this act shall be so construed as to make the said Josephine H. Jackson a sole trader, or feme sole, as to any other contract or contracts, or any other property, save and except, to act as trustee for the property, its increase and profits, as therein mentioned. Liabilities of Josephine II Jackson, etc. Assented to, November 18, 1858. TITLE VIII. INCORPORATIONS. No. 186. Newnan Guards, Coweta county. No. 187. Washington Rifles, Washington county. No. 188. Cass county Agriculture Society. No. 189. The Cotton Planters' Convention. No. 190. Young America Fire Company of Columbus. No. 191. Mechanics Independent Fire Company of Augusta. No. 192. Governors Guards, Fort Valley, and Oglethorpe Light Infantry Savannah. (No. 186.) An Act to incorporate and grant certain privileges and powers to the Newnan Guards, in the town of Newnan, Coweta county, and for other purposes herein mentioned. 1. Section I. Be it enacted by the General Assembly, That from and after the passage of this act, it shall be lawful for the Newnan Guards to receive twenty honorary members, each of whom shall pay the sum of ten dollars annually into the Treasury of said company thereafter, so long as they continue honorary members thereof, and who during such time shall be exempt from ordinary militia duty. May receive honorary members c 2. Sec. II. And be it further enacted, That the members of said Newnan Guards shall, while belonging to said company, be exempt and wholly exempted from the performance of juror or inquest duty of all kinds, on the certificate of the commanding officer of said company, that applicant is a member of said company, and does duty therein: Provided, that the said certificates do not exceed eighty in number. Exempt from jury duty.

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3. Sec. III. Be it further enacted, That the members of the Newnan Guards are hereby exempt from all road and street duty so long as they continue members of said company. Exempt [Illegible Text] road duty. 4. Sec. IV. And be it further enacted, That the members of said company shall be authorized to adopt and change their uniform at pleasure; also, to make and put in execution all such by-laws, rules and regulations as they may deem necessary and proper; and to hold such property as may be convenient for the purpose of their organization. Change uniforms, make by-laws, c. 5. Sec. V. And be it further enacted, That it shall be sufficient for the commanding officer, for the time being of said company, to superintend and certify all elections of commissioned officers to the Governor, who shall commission accordingly. Command'g officer to certify electi'ns- 6. Sec. VI. And be it further enacted, That the officers of said Company to consist of not less than three nor more than five, two of whom shall be commissioned officers, shall be competent to form a Court of enquiry and Court Martial to try and affix such penalties as my be provided by their by-laws and regulations, on any member or members of said Company violating the same; and that the said Court may issue executions for collecting fines so imposed, and such other legal proceedings not contrary to the laws now in force in this State. Courts Marshals. May issue execut'ns. 7. Sec. VII. And be it further enacted, That the seventh section of an act to grant certain privileges and powers to the Griffin Light Guard in the city of Griffin, and other companies therein named, exempting the Albany Guards from jury duty, be and the same is hereby repealed. 7th sec. of former act repealed. 8. Sec. VIII. Repeals conflicting laws. Assented to December 13th, 1858. (No. 187.) An Act to incorporate a volunteer corps of Riflemen in the county of Washington, to be called the Washington Rifles, and to grant unto it certain privileges. 9. Section I. The General Assembly of the State of Georgia, do enact, That the volunteer corps of riflemen now existing in the county of Washington, under the name of the Washington Rifles, be and the same are hereby incorporated and made a body politic under that name and style, and that said corps is vested with all the privileges granted the Metropolitan Guards, in an Act, assented to on the 31st of December, 1838, entitled an Act to incorporate a volunteer corps of Infantry in the city of Milledgeville, and to grant it certain privileges. Washington Rifles incorporated. Privileges. Assented to, December 10, 1858.

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(No. 188.) An Act to incorporate the Cass county Agricultural Society. 10. Section I. Be it enacted, That James W. Watts, B. W. Lewis, A. J. Meems, J. C. Sproull and Abda Johnson, and their associates, are hereby constituted a body politic and corporate, under the name and style of the Cass County Agricultural Society, to continue to them and their successors, for the period of fifty years, with power to make and use a common seal, and to alter and change the same at pleasure; and to make such by-laws, not inconsistent with the laws of this State and the United States, as they may deem proper and necessary for the government of the corporation; and to alter and change the same at pleasure; and in its corporate name to sue and be sued, plead and be impleaded, to hold by purchase or otherwise, and to dispose of the same in any way, any real estate or personal property, which may be necessary for the corporation. That said corporation shall have power to appoint a police to enforce its by-laws, during their annual fairs; and with the consent of the adjoining land-owners, to have the right of prohibiting the sale of spirituous liquors within one-quarter of a mile of their enclosure during their annual fairs, and other public occasions. Names of corporators. Name of corporation. Length of charter. Powers. To appoint Police during Fairs. To prohibit sale of liquor 11. Sec. II. Repeals conflicting laws. Assented to Dec. 11th, 1858. (No. 189.) An Act to incorporate the Cotton Planter's Convention, of the State of Georgia. Whereas, a number of Cotton Planters of our State have associated themselves together for the purpose of promoting the agricultural interest of the State, thereby increasing her prosperity and elevating her position among her sister States: Therefore, Preamble 12. Section I. Be it enacted, That Howell Cobb, Benjamin H. Rutherford, James W. Armstrong, Nathan Bass, F. G. Holt, P. S. Holt, Thos. J. Cater, Isaac C. West, Jesse D. Harris, John S. Thomas, John V. Price, James F. Beall, Sam'l P. Jones, and their associates and successors be, and they are hereby declared to be a body politic and corporate, under the name and style of The Planter's Convention of the State of Georgia, and by that name may sue and be sued, plead and be impleaded in any Court of Law or Equity in this State, having competent jurisdiction; may have a common seal; and have, possess or exercise all the powers and privileges incident to such a corporation, not inconsistent with the laws of this State, or of the United States. Names of corporators. Corporate name. Powers. 13. Sec. II. And be it further enacted, That said Planter's Convention shall have power to establish and organize auxiliary conventions or associations, in any and every cotton growing county

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in this State, whenever the Planter's of such county or counties make application for the same; provided the powers of said conventions or associations, shall in no wise contravene the powers of the original corporation. Power to appoint auxiliary associations. Proviso. 14. Sec. III. And be it further enacted, That said corporators, and their successors, be impowered to receive all gifts, grants and legacies that may be given or bequeathed to them, and to hold, enjoy and possess the same, for the benefit of said corporation. May receive gifts, grants etc. 15. Sec. IV. And be it further enacted, That said Planter's Convention, if they desire, may establish fairs and award such premiums and honors as they may think best to encourage the interest and stimulate the progress of agriculture. May establish fairs, etc. 16. Sec. V. Repeals conflicting laws. Assented to, December 11, 1858. (No. 190.) An Act to incorporate the Young America Fire Company in the City of Columbus, and to extend to it certain privileges. 17. Sec. I. Be it enacted, That the several persons and members of the association, formed at Columbus, in this State, under the name and style of the Young America Fire Company, and others, who may become members of said association, and their successors in office, and members of the same, shall be and they are hereby declared to be a body corporate, by the name and style aforesaid; and by said name, shall have perpetual succession of officers and members, with power to make, alter, change and amend such by-laws and regulations, as may be agreed on by the officers and members of said association; provided, such by-laws and regulations shall not be contrary to the Constitution and laws of the United States, and the State of Georgia. Young America Fire Co. incorporated. May make by-laws. 18. Sec. II. Be it further enacted, That the privileges, immunities and exemptions extended to the Fire Companies now in existence in the City of Columbus, be and the same are hereby extended to and conferred on said Young America Fire Company. Privileges, exemptions, etc. 19. Sec. III. Repeals conflicting laws. Assented to, December 14th, 1858. (No. 191.) An Act to increase the privileges of the Mechanic's Independent Fire Company of the city of Augusta. The General Assembly of the State of Georgia do enact: 20. Sec. I. That in addition to the number of said Company now exempt from jury duty, they be, and are hereby entitled to forty additional exemptions from jury duty. 4) add'ional exemptions. 21. Sec. II. All Acts conflicting are hereby repealed. Assented to Dec. 11, 1858.

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(No. 192.) An Act to incorporate a corps of Infantry in the town of Fort Valley, and also to incorporate the Oglethorpe Light Infantry of Savannah, and to confer certain privileges upon the same. 22. Sec. I. Be it enacted, That the Volunteer company of Infantry now existing in the town of Fort Valley under the name of Governor's Guards, be, and the same is hereby incorporated and made a body politic and corporate by the above name; and by that name, or any other which a majority of said corps shall select, be, and they are hereby made capable in law, to sue and be sued, plead and be impleaded, and to have a common seal, and to hold such property, real and personal, by gift or purchase, as may be found necessary for the convenience and proper administration of said corps, with authority to establish by-laws for the government thereof; provided said by-laws shall not infringe the Constitution and laws of this State, and of the United States, and that the Governor, on requisition of the Captain of said corps, be requested to furnish them with arms. Gov's. G'ds. incorpor'ted. Powers. Proviso. Gov. to furnish arms. 23. Sec. II. And be it further enacted, That the officers of said corps shall be as follows: That is, for every forty rank and file, including non-commissioned officers, one Captain, one First, one Second, and one Third Lieutenant, and one Ensign; and said officers shall constitute a Court of Inquiry to hear and determine on all cases of delinquency or breach of the laws of said corps, as well as all trials for unmilitary or ungentlemanly conduct, and award suitable punishment therefor; which award shall be enforced as decrees of Courts of Enquiry are directed to be enforced by the laws of this State. Officers of said corps, Ct. of Inquiry, their powers and duties. 24. Sec. III. Be it further enacted, That all persons enrolled as members of said corps, or who may hereafter enrol themselves as such, shall be exempt, and they are hereby exempted from all militia duty, excepting what may be required of them as members of said corps and from all road, patrol, and jury duty, as long as they faithfully perform and continue in the service of said company, and do and discharge all the duties required of them as members thereof. Provided said exemptions shall not, and they are hereby declared not to exempt or exonerate the members of said corps from doing militia duty in time of invasion, insurrection, rebellion, or actual war; and provided, furthermore, it shall be the duty of the commanding officer of said corps, and he is hereby expressly required to report to the proper civil authority the names of all such member or members who may be dismissed, or who may or shall withdraw from said corps, in order that the said exemption or privileges, hereby extended, may in such case cease. Exemption of [Illegible Text] from road, patrol, and jury duty. Proviso. 25. Sec. IV. And be it further enacted, That a certificate of the commanding officers specifying the names of the members of said

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corps, shall be made out, and delivered to the clerk of the Superior Court of Houston county, and all other civil authorities exercising authority over the road, patrol, and jury duties in and for said county; and said certificate shall be deemed and held as sufficient evidence of exemptions from doing said road, patrol and jury duties within said county, during the time that such persons shall belong to said corps. Dnty of C'm manding officer. Certificate to be [Illegible Text] of ex'mption 26. Sec. V. And be it further enacted, That the said corps shall be annexed to the eighth division of Georgia Militia, and not be subjected, in time of peace, to annual drills and inspections usually ordered for such division. Annexed to 8th Division, and not subject to drills and inspections of division. 27. Sec. VI. Be it further enacted, That the members who at present belong to the military volunteer corps, in the city of Savannah, known as the Oglethorpe Light Infantry, and those who may hereafter belong to the same, are hereby constituted a body corporate; and by that name crowned and vested with all the rights and powers of a corporation, and may hold real and personal estate, and make such by-laws for its organization and government as it may deem necessary and proper in accordance with the Constitution and laws of this State. Members of Oglethorpe Light Infantry incorporated. Powers. 28. Sec. VII. And be it further enacted, That the said volunteer corps may receive into its ranks any number of members not exceeding fifty, who, upon the payment of a yearly sum, not less than ten dollars, to be fixed by its rules, shall be exempt from all military duty, [except such] as the said corps may impose on them. Provided this privilege shall not be extended to any person under the age of twenty-eight years. Memb's limited to 50. Exemption. Proviso. 29. Sec. VIII. And be it further enacted, That all rights and privileges conferred by law upon any other Infantry corps in the city of Savannah are hereby extended to the Oglethorpe Light Infantry, and that the privileges conferred by the seventh section of this Act are also extended to the other Infantry corps of Savannah. Rights and privileges. Privileges conferred in 7th sec, extended to other corps in Savannats 30. Sec. IX. And be it further enacted, That the said Oglethorpe Light Infantry may, if they deem proper, elect a 4th Lieutenant, who shall be commissioned by the Governor. May elect a 4th Lieutenant. 31. Sec. X. Repeals conflicting laws. Assented to, December 11, 1858.

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TITLE IX. PARDONS. No. 193. Burton A. Brooks, Harris co. No. 194. Benjamin Knight (Penitentiary) (No. 193.) An Act to pardon Burton A. Brooks, of the county of Harris, now under sentence of death for the crime of murder. 1. Sec. I. Be it enacted, That from and after the passage of this Act, Burton A. Brooks, of the county of Harris, now under sentence of death for the crime of murder, be, and he is hereby pardoned of the said crime of murder, and relieved from the pains and penalties of the same; and that the Sheriff of said county of Harris, upon the production of this Act, properly certified as having passed into a law, do discharge the said Burton A. Brooks, and permit him to go free Burton A. Brooks pardoned. 2. Sec. II. Repeals conflicting laws. Assented to, December 11, 1858. (No. 194.) An Act for the pardon of Benjamin Knight, who is now confined in the Penitentiary. Whereas, Benjamin Knight is now confined in the Penitentiary for life, having been convicted of the murder of Mashack Rawlins, in Gwinnett county in this State; and whereas, the testimony upon which he was convicted was of a vague, uncertain and circumstantial character: Preamble. 3. Sec. I. Be it enacted, That Benjamin Knight, now confined in the Penitentiary of said State for life, for the crime of murder of Mashack Rawlins, be, and he is hereby pardoned and relieved from all the pains and penalties of the judgment of the Court, by virtue of which he is now in confinement. Benj. Knight pardoned. 4. Sec. II. Repeals conflicting laws. Assented to Dee. 11, 1858.

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TITLE X. PHYSICIANS. For Atlanta Medical College, see Title I. Academies Colleges, c., No. 110. TITLE XI. RELIEF. No. 195. John Needham Massey. No. 196. John Green and Rebecca Green. No. 197. Loverd Bryan, (Stewart county.) No. 198. Jacob Weaver, and Sarah Ann Weaver, and Wm. E. Matthews. No. 199. M. Varner, (Double tax.) No. 200. John Woodall, (of Jones county.) No. 201. Commissioners of the Altamaha River. (No. 195.) An Act for the relief of John Needham Massey, otherwise called John Needham Massey Sneed, otherwise called John Needham Warren Massey, a minor, and orphan of Needham W. Massey, deceased, and for other purposes therein mentioned. 1. Sec. I. Be it enacted, That the adoption of the said John Needham Massey, otherwise called John Needham Massey Sneed, otherwise called John Needham Warren Massey, by the latter name under and by virtue of a judgment of the Superior Court of Macon county, by his grand-father, Needham Massey, of said county, be, and the same is hereby confirmed; and that the said John Needham Warren Massey be, and he is hereby declared the adopted child of the said Needham Massey, his grand-father. Adoption of J. Needham W. Massey confirmed. 2. Sec. II. It is further enacted, That the Ordinary of Macon county be, and he is hereby authorized to appoint Needham Massey, of said county of Macon, guardian of the person and property of said John Needham Warren Massey, and in the the event of the death

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or disability of said Needham Massey, then the said Ordinary of said county, is authorized to appoint such of the nearest kin of the deceased father of said John Needham Warren Massey, as he may deem proper, his guardian as aforesaid, upon his giving bond and security as required in such cases by the laws of this State. Ordinary to appoint guardian, etc 3. Sec. III. Be it further enacted, That all acts and parts of acts, and all judgments, orders, and decrees inconsistent with or militating against this act, be, and the same are hereby repealed, annulled and set aside. Repealing clause. Assented to December 11, 1858. (No. 196.) An Act to release John Green and Rebecca Green, of the county of Bibb, from the pains and penalties of bigamy or adultery, and for other purposes therein mentioned. 4. Sec. I. Be it enacted, That John Green and Rebecca Green, of the county of Bibb, be relieved from the pains and penalties of the offence of bigamy, or polygamy, in consequence of their intermarriage, or for any other offence they may have committed against the penal statues of this State, in consequence of said intermarriage; any law to the contrary notwithstanding. 3. Green and Rebecca Green relieved. Assented to November 19, 1858. (No. 197.) An Act for the relief of Loverd Bryan from his Executorship. Whereas, by the last will and testament of John J. Triggs, late of Stewart county, deceased, Sarah Triggs, wife of said deceased, was by said will appointed executrix, and Loverd Bryan executor. The said Sarah Triggs having failed to be qualified as executrix in terms of the law, and Loverd Bryan, now the qualified and acting executor, having paid off the debts against said estate, and placed the estate in a good and solvent condition, and wishing to be released from his executorship, and have the said Sarah Triggs qualified as executrix, Preamble. 5. Sec. I. Be it enacted, That immediately after the passage of this Act, Sarah Triggs, widow of the late John J. Triggs, deceased, be, and she is hereby authorized under the provisions of this Act, [and?] allowed to be qualified as executrix, under the will of the said John J. Triggs, deceased. Sarah Triggs authorized to become exectr'x, ete. 6. Sec. II. And be it further enacted, That the Ordinary do release Loverd Bryan, now the acting and qualified executor, from his said executorship on the estate of the said John J. Triggs, deceased, whenever the said Loverd Bryan shall make a true and satisfactory return of all his actings and doings on said estate, to the Ordinary of Stewart county, any law to the contrary notwithstanding. L. Bryan released. Assented to Dec. 10, 1858.

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(No. 198.) An Act for the relief of Jacob Weaver, Sarah Ann Weaver, alias Sarah Ann Calhoun, and for other purposes therein mentioned. Whereas, Patrick M. Calhoun, the busband of the said Sarah Ann Calhoun, abandoned her, the said Sarah A. Calhoun, and removed to the State of Texas; in the Courts of which latter State, the said Patrick M. Calhoun obtained a divorce from said Sarah Ann Calhoun, upon grounds wholly insufficient to authorize a divorce, according to the laws of this State, and not for any misconduct of the said Sarah A. Calhoun; and, whereas, the said Patrick M. Calhoun has since contracted a marriage in the State of Texas, and the said Sarah Ann Calhoun, deeming herself free from her marital obligations with the said Patrick M. Calhoun, by reason of the above recited facts, did contract matrimony with Jacob Weaver, of the county of Crawford; and whereas, said marriage, under the misapprehension aforesaid, was solemnized in said county of Crawford, between said Jacob Weaver and said Sarah Ann Calhoun, by William E. Mathews, a Justice of the Peace, in and for said county of Crawford, Preamble. 7. Section I. The General Assembly do therefore enact, That the said Jacob [Illegible Text] and Sarah Ann Calhoun, of the county of Crawford, be and they are hereby relieved from all the penalties and disabilities incurred by reason of said above recited marriage, and that the said marriage be and the same is hereby declared valid to all intents and purposes whatsoever; and that the said William E. Mathews, Justice of the Peace as aforesaid, be and he is hereby released from all pains and penalties incurred by him in consequence of having solemnized said marriage between the said Sarah Ann Calhoun and Jacob Weaver. Jacob Weaver and Sarah A. Calheun, released. W. E. Mathews released. 8. Sec. II. Repeals conflicting laws. Assented to November 26, 1858. (No. 199.) An Act for the relief of M. Varner, of Cobb county, from the double tax imposed on him for the year 1858. 9. Section 1. Be it enacted, That the Inferior Court of Cobb county be required, and they are hereby authorized, to remit the double tax imposed upon M. Varner, of said county, for the year 1858. Double tax remitted. 10. Sec. II. Repeals conflicting laws. Assented to December 11, 1858.

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(No. 200.) An Act for the relief of John Woodall, late of Jones county, deceased, one of the securities of Felix Woodall, for the delivery of certain books. Whereas, Felix Woodall, of Baldwin county, was the highest [lowest?] bidder for contract to deliver the Laws and Journals of 1855-6, to the counties of Pulaski, Telfair, Tattnall, Appling, Irwin, Coffee, Lowndes, Ware, Clinch, Colquitt and Berrien, and gave as security John Woodall and William Searcey, to perform his contract in a certain time, and failed so to do, as to the last four named counties above specified, and suit on the bond was compromised by the said John M. Woodall, giving his individual note; and whereas, Felix Woodall, the original contractor, is ready to make affidavit, that he delivered all the books delivered to him by the Librarian, and no evidence can be produced to the contrary, Preamble. 11. Section I. Be it enacted, That the estate of John M. Woodall, late of Jones county, deceased, be and the same is hereby relieved and released from the payment of the note of two hundred and fifty dollars, given under the above stated circumstances. John M. Woodall released. Assented to December 11, 1858. (No. 201.) An Act for the relief of the Commissioners of the Altamaha River. 12. Section I. Be it enacted, That from and after the passage of this Act, the commissioners of the Altamaha River, James M. Harris, Samuel Bryan and E. Stafford, appointed to clear out that portion of the said river known as Bays Suck, and Stooping Gum Round, be and they shall hereafter, by the authority aforesaid, be released from the obligations of their bond, to the State of Georgia; and whereas, their duties have been truly and faithfully discharged, that they be now discharged from office. Altamaha River Commissioners released. 13. Sec. II. Repeals conflicting laws. Assented to December 13, 1858.

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TITLE XII. RIVERS AND DAMS. For Acts to open and render navigable, Rifle Cut, on the Altamaha River, c., see Title XIII., No. 204. TITLE XIII. ROADS, BRIDGES AND FERRIES. No. 202. In Camden county. No. 203. In Cherokee county. No. 204. In part of McIntosh county. No. 205. In Gordon and Bibb counties. No. 206. In Oglethorpe, Henry, Calhoun, Elbert, White, Habersham, Hancock, Carroll, Clarke, Wayne, Pike, Monroe, Franklin, Marion, Paulding, Early, Baker, Colquitt, Union, Fannin, Miller, Dade, Pickens, Thomas, Rabun, Taliaferro, Ware, Millen, Cobb, Butts, Merriwether, Coweta, Houston, Floyd, Catoosa, Crawford, Wilkinson and Taylor. (No. 202.) An Act to repeal an Act entitled an Act to appropriate certain hands to do road duty on the west side of the old Post Road, and north of the Satilla River, in Camden county, approved January 26 th, 1850, and for other purposes. 1. Section I. Be it enacted, That from and immediately after the passage of this Act, the Act aforesaid, be and the same is hereby repealed; and the road hands therein designated, be hereafter subject to the control of the Justices of the Inferior Court of Camden county. Act of Jan. 26, 1850, repealed. Assented to December 9th, 1858.

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(No. 203.) An Act to repeal an Act entitled an Act, to authorize Overseers of the Roads for Walker, Gwinnett, Forsyth Cobb, Cherokee, Bibb, Sumter and Gilmer counties, to appoint warners, and define their duties, approved December 11, 1841, as far as relates to the county of Cherokee. 2. Sec. I. Be it enacted, That from and after the first day of January next, the Act to authorize overseers of the Roads for Walker, Gwinnett, Forsyth, Cobb, Cherokee, Bibb, Sumter, and Gilmer counties, to appoint warners, and to define their duties, c. approved December 11th, 1841, is hereby repealed, so far as respects the county of Cherokee. Warners to warn Road hands not to be appointed hereafter in Cherokee co. Assented to, Dec. 11, 1858. (No. 204.) An Act to open and render navigable an artificial cut on the Altamaha river, known as the Rifle Cut, and to insure its annnal repairs by locating upon it the labor of the hands upon the two plantations, known as Cambens Island and Potosi, in lieu of their work, upon the public roads in the county of McIntosh. 3. Section I. Be it enacted, That from and after the passage of this Act, the negro slaves that may now or may hereafter be located upon the two plantations known as Combers Island and Potosi, who are or may be subject to Road duty in McIntosh county, shall, in lieu of said Road work, annually labor upon said Rifle Cut, under the direction of the Commissioners of Roads for the same period that they now labor on the public roads of said county, and that such be held as a complete execution of their duty, under the statutes of the State of Georgia, prescribing the labor which they are compelled to perform upon public roads. Certain road hands to be assigned to Rifle Cut in McIntosh co, 4. Sec. II. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 205.) An Act to alter and amend the first section of an Act, to alter and amend the Road Laws of this State, approved December 19 th, 1818, as far as relates to the appointment of Commissioners for the counties of Gordon and Bibb, and to define the time for which said Commissioners shall be appointed, and for other purposes. 5. Sec. I. Be it enacted, That from and after the first of January next, that so much of the first section of an Act, to alter and

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amend the road laws of this State, approved December 19th, 1818, as requires one of the Commissioners of roads in the various districts in the different counties of this State, to be a Justice of the Peace, be, and the same is hereby repealed, so far as respects the counties of Gordon and Bibb. Certain parts of the Act of 19th Dec. 1818, repealed as to Gordon and Bibb counties. 6. Sec. II. And be it further enacted by the authority aforesaid, That all Commissioners hereafter appointed by the Inferior Courts of Gordon and Bibb counties, shall hold their office for the term of four years; and Commissioners shall have power to administer oaths and all other Judicial power to carry out the road laws of this State; and that the said Commissioners be subject to all the pains and penalties imposed by existing laws. Road commissioners in Gordon and Bibb cos. to hold their offices 4 years. And accountabilities. 7. Sec. III. And be it further enacted, That the provisions of this Act be, and are hereby extended to the county of Bibb. This Act also applies to Bibb co, 8. Sec. IV. Repeals conflicting laws. Assented to Dec. 11th, 1858. (206.) An Act to alter and amend the Road Laws of this State, so far as relates to the county of Oglethorpe, and the several counties herein named. 9. Section I. Be it enacted, That from and after the passage of this Act, overseers of roads in the counties of Oglethorpe, Henry, Calhoun, Elbert, White, Habersham, Hancock, Carroll, Clarke, Wayne, Pike, Monroe, Franklin, Marion, Paulding, Early, Baker, Colquitt, Union, Fannin, Miller, Dade, Pickens, Thomas, Rabun, Taliaferro, Ware, Cobb, Butts, Meriwether, Coweta, Houston, Floyd, Catoosa, Crawford, Wilkinson and Taylor, may compel the hands subject to do road duty, to work on the roads, by summoning them on the day previous to each working. Overseers of Roads in the several cosmentioned in this section, may compel hands to work on roads by giving notice on the previous day. 10. Sec. II. Repeals conflicting laws. Assented to Dec. 13, 1858.

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TITLE XIV. TAXES, TAX COLLECTORS, C. * * For Tax Collectors in Decatur, see County Regulations, Title V. No. 174. No. 207. Inferior Court of Lee county, (extra tax.) No. 208. Inf. Court of Dade county, [extra tax.] No. 209. Inferior Court of Pickens county, [act repealed.] No. 210. Inferior Court of Jefferson county, [extra tax for jury] No. 211. Inferior Court of Haralson county, [extra tax.] No. 212. Inferior Court of Heard county, [extra tax for jury.] No. 213. Inferior Court of Washington county, [extra tax for jail.] No. 214. Inferior Court of Dawson county, [extra tax, jail.] No. 215. Inferior Court of Pulaski county, [ex. tax for court house and jail.] No. 216. Inferior Court of Bryan county, [extra tax for Education.] No. 217. Inferior Court of Emanuel county, [extra tax for jury.] No. 218. Inferior Court of Dawson county, [extra tax for jury.] No. 219. Inferior Court of Pickens county, [extra tax for county debt.] No. 220. Inferior Court of Hancock county, [extra tax for poor house.] No. 221. Inferior Court of Crawford county. [extra tax for jail.] No. 222. Inferior Court of Worth county, [extra tax for county debt.] No. 223. Inferior Court of Cass county, [extra tax for jury.] (No. 207.) An Act to declare the true intent and meaning of an Act entitled an Act to authorize the Justices of the Inferior Court of the county of Gwinnett, to levy an extra tax to pay for the erection of a new Court House in said county, approved March 1 st, 1856, and to amend the caption of said act, and for other purposes. Whereas, the Justices of the Inferior Court of Lee county, have construed the aforesaid act to mean and intend that they should be thereby authorized to levy and collect an extraordinary tax, for Court House and jail purposes, as long as, and whenever the same was necessary, and in accordance with said construction have levied a tax for the purpose of building a new Court House, in the place of the one destroyed by fire, and that some doubt exists as to the legality of said construction. Preamble. 1. Section I. Be it enacted, That the aforesaid construction is hereby declared to be the true intent and meaning of said act, and the tax levied in pursuance thereof, is hereby legalized and made valid. Former act construed, and tax legalized. 2. Sec. II. And be it further enacted, That the caption of said act shall be as follows, An Act to authorize the Justices of the Inferior Court of the county of Gwinnett, to levy an extra tax to pay for the erection of a new Court House in said county, to locate the

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county site of the county of Lee, and authorize the Justices of the Inferior Court thereof, to levy and collect an extra tax for Court House and jail purposes, and for other purposes. Caption of former act defined. 3. SEC. III. Repeals conflicting laws. Assented to, December 10, 1858. (No. 208.) An Act to allow the Justices of the Inferior Court of Dade county to levy and collect a poor tax, for said county, not to exceed twenty per cent. on the general tax. 4. Section I. Be it enacted, That from and after the passage of this act, the Justices of the Inferior Court of Dade county, are hereby authorized and empowered to levy a tax for pauper purposes, not to exceed twenty per cent on the general tax of said county, annually; and that the same be collected by the Tax Collector, as the poor taxes heretofore. Justices of Inferior [Illegible Text] of Dade authoriz'd to levy a tax 5. Sec. II. And be it further enacted, That the Justices of the Inferior Court of said county, at their first Court in each and every year, shall ascertain as near as possible the amount required for the support of the poor of this county for each year. am't for supp't of the poor to be ascertained. 6. Sec. III. And be it further enacted, That it shall be the duty of the Inferior Court of said county, to inform the grand jury, at the first Superior Court in each year, of the amount necessary to support the poor of the county, and by their recommendation, the same shall be levied and collected. Duty of [Illegible Text] Court, 7. Sec. IV. Repeals conflicting laws. Assented to Dec. 10, 1858. (No. 209.) An Act to repeal an Act entitled an Act, to compensate the Grand and Petit Jurors for the county of Pickens, and to authorize the Justices of the Inferior Court, to levy an extra tax for that purpose, and to extend the provisions of this act to other counties therein named, approved March 6, 1856, so far as respects Pickens county. 8. Section. I. Be it enacted, That all the sections which relate to the county of Pickens, of an act to compensate the grand and petit jurors of the county of Pickens, and to authorize the Justice of the Inferior Court to levy an extra tax for that purpose, and to extend the provisions of this act to other counties therein named, approved March 6th, 1856, are hereby repealed, and that all conflicting laws be also hereby repealed. Sections of former act repealed. Assented to, Dec. 11, 1858

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(No. 210.) An Act to regulate the compensation of Jurors in the county of Jefferson, and for other purposes therein named. 9. Section 1. Be it enacted, That from and after the passage of this act, jurors in the county of Jefferson, shall receive in addition to the fees now allowed by law, the sum of one dollar per diem, for their services as jurors during the regular terms of the Superior Court of said county. additional pay allowed to jurors. 10. Sec. II. And be it further enacted, That the Justices of the Inferior Court, be authorized to levy an additional county tax (if necessary) to defray the expenses incident from the passage of the 1st. section of this act. addit'n'l tax authorized. 11. Sec. III. And be it further enacted, That from and after the passage of this act, it shall be the duty of the Inferior Court of Clarke county, upon the recommendation of the grand jury, at the first term of the Superior Court in each and every year, to levy such per centum on the State tax as will be sufficient to pay the grand and petit jurors, and cause the same to be collected by the Tax Collector, who shall pay over the same to the county Treasurer, for a jury fund. In'r Ct. of Clarke co. authoriz'd to levy tax, etc. 12. Sec. IV. Be it further enacted, That the seventh section of an Act, entitled an Act to grant certain privileges and powers to the Griffin Light Guards, in the city of Griffin, Spalding county, and other companies therein named, so far as it exampts the Albany Guards, a Military Company in the city of Albany, Georgia, from jury duty, be and the same is hereby repealed. Part of [Illegible Text] act repealed. 13. Sec. V. And be it further enacted, That John L. Woodward, Jr., and James H Bivins be authorized to administer on the real estate of Allen McWalker, late of Upson county, deceased, by their giving bond and security to the Ordinary of Upson county, for the sum of forty thousand dollars. Adm'n authorized on McWalker's estate. Assented to Dec. 11th, 1858. (No. 211.) An Act, to authorize the Justices of the Inferior Court of Haralson county, to levy an extra tax, for the purpose of extinguishing the debt of said county, and for other purposes. 14. Section I. Be it enacted, That the Justices of the Inferior Court of Haralson county, be and they are hereby authorized to levy an extra tax, not to exceed twenty-five per cent. on the State tax, for the purpose of extinguishing the public debt of the county. Tax to pay co, debts, 15. Sec. II. And be it furth enacted, That the Justices aforesaid shall levy a tax not to exceed twelve and a half per cent. on the State tax for pauper purposes; and the Justices aforesaid, shall levy a tax

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not to exceed fifteen per cent. on the State tax, for poor school purposes. Pauper tax pauper and p'r sch'i tax 16. Sec. III. Repeals conflicting laws. Assented to, Dec. 11, 1858. (No. 212.) An Act to compensate the petit jurors in the county of Heard, and to provide for the payment of the same. 17. Section I. Be it enacted, That, from and after the passage of this act, each petit juror of the county of Heard, shall be entitled to receive from the county Treasurer of said county, the sum of one dollar per day, for every day he serves as such juror, in the Superior or Inferior Courts of said county, upon his producing a certificate from the Clerk of such Court, of the number of days he has served; which certificate shall be a voucher to the Treasurer, for the amount so paid. $1 per day allowed to Jurors. 18. Sec. II. And be it further enacted, That in all cases tried before the petit jury, or confession taken, the jury and confession fee shall not first be paid by the plaintiff or his counsel, but shall be entered up in the judgment by the party entitled to the judgment; and when collected by the Sheriff or Clerk, according to the usual way of collecting costs, shall be paid over to the Treasurer of said county, and constitute a part of said jury fund; and the Treasurer shall keep a correct account of the amounts so received, and have a settlement with said officers, at least twice every year. Jury fees to be paid to co. T'r. etc. 19. Sec. III. And be it further enacted, That the Justices of the Inferior Court of said county or a majority of them, be and they are hereby authorized, to levy an extra tax, if necessary, for the compensation of said petit jurors in said Superior and Inferior Courts. Extra tax authorized. 20. Sec. IV. Repeals conflicting laws. Assented to, December 11, 1858. [No. 213.] An Act to authorize the Inferior Court of Washington county to levy and collect an extra tax, for the building of a jail in said county, and for other purposes. 21. Section I. Be it enacted, That the Inferior Court of Washington county, be and they are hereby authorized to impose, levy and collect an extra tax, of not exceeding one hundred per cent on the amount of State tax, paid by said county, for the year eighteen hundred and fifty-nine, for the purpose of building a good and secure jail in said county. Extra tax authorized for building jail, 22. Sec. II. Be it further enacted, That the Tax Collector of said county, is hereby required to collect and pay over said tax to the Court aforesaid, within the time now prescribed by law, for paying over the State tax; and upon failure herein, shall be subject to all the penalties now prescribed by law, for defaulting Collectors, and

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the compensation of said Collector, shall be two per centum on said extraordinary tax. Tax Collector required to collect tax compensation of Collector. Assented to, Dec. 11th, 1858. (No. 214.) An Act to authorize the Justices of the Inferior Court of the county of Dawson, to levy an extra tax, for the year 1859. 23. Section 1. Be it enacted, That upon the recommendation of the grand jury of said county, the Justices of the Inferior Court be, and they are hereby authorized and required to assess and levy a tax upon the State tax, not to exceed one hundred per cent. and that only for the year 1859, for the purpose of paying for a new jail which is now being built. Tax auth'r'd to pay for [Illegible Text] 24. Sec. II. And be it further enacted, That the Tax Collector shall collect the same as other taxes, and shall only receive two and a half per cent. for collecting, and shall pay the amount so collected over to the Justices of the Inferior Court of said county, and they are hereby required to pay out the same as heretofore provided. Tax Collector required to coll'ct tax, his compention, etc. 25. Sec. III. Repeals conflicting laws. Assented to, December 11th, 1858. (No. 215.) An Act to authorize the Justices of the Inferior Court of Pulaski county, to levy an extra tax, to pay for the erection of a new Court House and Jail, in said county. 26. Section I. Be it enacted, That the Justices of the Inferior Court of Pulaski county, or a majority of them, are hereby authorized, in their discretion, to levy an extra tax, not to exceed one hundred per cent. upon the State tax for the years 1859 and 1860; which amount so raised shall be appropriated to the erection of a new Court House and Jail, in the town of Hawkinsville, in said county; provided the levying of said tax shall be recommended by the Grand Jury of said county. [Illegible Text] tax authorized to build [Illegible Text] House and Jail. 27. Sec. II. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 216.) An Act to authorize the Justices of the Inferior Court of Bryan county, to levy an extra tax in the county of Bryan, on the State tax, for Educational purposes. 28. Section I. Be it enacted, That immediately after the passage of this Act, it may be lawful for the Justices of the Inferior Court of Bryan county, on the recommendation of the Grand Jury, at the Spring Term of each Superior Court, to levy an extra tax over and above that now levied, for county purposes. Extra tax authorized, for county purposes.

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29. Sec. 2. And be it further enacted, That said tax shall not be less, nor more than twelve per cent. on the State tax; and when so collected, shall be paid to the Ordinary of said county for the education of the poor children of said county. Limitation, etc. 30. Sec. III. Repeals conflicting laws. Assented to Dec. 11, 1858. (No. 217.) An Act to compensate the Grand and [Illegible Text] Jurors in the county of Emanuel, and to provide for the payment of the same. 31. Section I. Be it enacted, That all persons serving as Grand or Petit Jurors of the county of Emanuel, shall receive the sum of one dollar per day for each and every day they may respectively serve as aforesaid; which amount shall be paid out of the county Treasury by the county Treasurer, upon the certificate of the Clerk of the Superior Court of said county, and for the payment of the same, the Inferior Court of said county is authorized and required to levy an extra tax, not exceeding twelve and a half per cent. on the State tax. Jurors allowed $1 per day. Extra tax authorized. 32. Sec. II. And be it further enacted, That all fees now required by law to be paid to Special and Petit Jurors, shall be paid to the Clerks of said Superior Courts, who shall pay over the same to the county Treasurer, to form a part of the Jury Fund for the purpose aforesaid. Jury fees to be paid to [Illegible Text] Sup. [Illegible Text] 33. Sec. III. Repeals conflicting laws. Assented to December 11, 1858. (No. 218.) An Act to provide for the compensation of Grand and Petit Jurors of Dawson county, in the Superior and Inferior Courts of said county, and to provide for the payment of the same. 34. Section I. Be it enacted, That from and after the passage of this Act, it shall be the duty of the Inferior Court of said county of Dawson, upon the recommendation of the Grand Jury, at the first term of the Superior Court in each and every year, to recommend such a per centum on the State tax as will be sufficient to pay said Jurors, and cause the same to be collected by the Tax Collector, who shall pay over the same to the county Treasurer for a Special Jury fund. Tax authorized to pay Jurors, etc. 35. Sec. II. And be it further enacted, That the county Treasurer is hereby required to pay out of said fund, to Jury certificates properly made out, as now required by law, provided all confessions and Jury fees at each term of said Court, be first credited on said certificates. Duty of co. Treasurer. 36. Sec. III. Repeals conflicting Laws. Assented to December 11, 1858.

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(No. 219.) An Act to authorize the Justices of the Inferior Court of Pickens county, to levy and collect an extra tax for the purpose of paying the county debt, created by the building of the Court House in said county. 37. Section I. Be it enacted, That the Justices of the Inferior Court of Pickens county, be and they are hereby authorized to levy and collect, in addition to the tax now authorized by law, an extra tax for the years 1859 and 1860, not exceeding one hundred per cent. on the State tax, for the purpose of paying the debt created by building their Court House. Extra tax authorized. To pay county debt. 38. Sec. II. Repeals conflicting laws. Assented to December 11, 1858. (No. 220.) An Act to authorize the Inferior Court of Hancock county to levy an extra tax for the purpose of establishing quarters for the poor of said county, and for other purposes. 39. Section I. The General Assembly of Georgia do enact, That the Inferior Court of Hancock county, upon the recommendation of the Grand Jury of the county, shall have the power to levy an extra tax, not to exceed the sum of twenty per cent. upon the State tax, for the purpose of establishing quarters for the better protection and support of the poor; and they shall have this power to levy extra tax annually, until the Court shall have raised money sufficient, in addition to building the necessary dormitories, kitchen and eating houses, to erect a building which shall be at once suitable for Chapel and School House; and also [to purchase?] sufficient adjoining lands to furnish orchards, vineyard, garden and potatoe, and pasture for at least two cows. And for the purposes aforesaid, the Court shall have power to purchase real estate, to receive and to make titles to the same. Tax authorized to supp'rt the poor. Extra tax authorized for erection of buildings, etc. 40. Sec. II. Be it further enacted, That when the Inferior Court, upon the recommendation of the Grand Jury, shall levy any tax for the purposes aforesaid, it shall be the duty of the Tax Collector to assess and collect the same and pay the same over to the Clerk of the Inferior Court, without any additional fees for the collection of the same. Duty of Tax Collector. Assented to December 13, 1858.

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(No. 221.) An Act to authorize the Justices of the Inferior Court of Crawford county to levy and collect an extra tax for the purpose of building a Jail in said county. 41. Section I. Be it enacted, That the Justices of the Inferior Court of Crawford county are hereby authorized, upon the recommendation of the Grand Jury of said county, to levy and collect an extra tax of not more than fifty per cent. on the State tax, during the years 1859 and 1860, for the purpose of building a Jail in said county. Extra tax authorized for building Jail, 42. Sec. II. Repeals conflicting laws. Assented to December 13, 1858. No. 222. An Act to authorize the Inferior Court of Worth county to levy an extra tax, commencing with the year 1859, not exceeding two hundred per cent. upon the State tax, to pay all arrears due by said county. 43. Section I. Be it enacted, That from and after the passage of of this Act, the Justices of the Inferior Court, or a majority of them, be and they are hereby authorized, in their discretion, to levy an extra tax on the State tax, to pay off the indebtedness of said county, which exists at this time, or which may hereafter exist; provided that said tax shall not exceed two hundred per cent. upon the general State tax, for any one year; provided also, the Grand Jury of said county shall approve and recommend the same Extra tax authorized. Limitation. Grand Jury to recommend, 44. Sec. II. Repeals conflicting laws. Assented to December 13, 1858. No. 223. An Act to authorize and require the Justices of the Inferior Court of the county of Cass, to levy an extra tax upon the State tax of said county for the purpose of paying the Jury fees of said county. 45. Section I. Be it enacted, That from and after the passage of this Act, it shall be the duty of the Inferior Court of said county, at the time the county tax is assessed, to assess a Jury tax, not exceeding fifty per cent. on the State tax, which shall be collected and paid into the county Treasury, and applied to the payment of Jury fees only. Jury tax authorized, etc, 46. Sec. II. Repeals conflicting laws. Assented to December 13, 1858.

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TITLE XV. VOLUNTEER COMPANIES. For Acts relating to, see Incorporations, Title VIII.

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RESOLUTIONS Adopted by the Senate and House of Representatives, origina- ting in the SENATE. No. 1. On the death of Ex-Governor, William Schley. No. 2. In relation to Bonds of Defaulting Agents, W. A. R. Road. No. 3. On letting Etowah R. Road and Elijay R. Road have old rails. No. 4. Papers in claim of Peter Trezevant delivered to Jas. A. Green. No. 5. In relation to claims against U. S. Government. No. 6. In relation to Howell Cobb, of Houston. No. 7. In relation to Tri-weekly line from Canton to Dawsonville. No. 8. In relation to A Postroad from Atlanta to Dahlonega. No. 9. In relation to Freight on Iron on W. A. R. Road, and a sideling in [Illegible Text] Co. No. 10. In relation to Portraits of Gen. James Jackson. No. 11. In relation to Treasurer's Annual Report. No. 12. In relation to A commission by Congress to inquire into the limits and extent of the Southern Pine Belts. (No. 1.) Whereas, the General Assembly have received the painful intelligence of the death of Ex-Governor William Schley: Be it therefore Resolved, That in the death of Ex-Governor William Schley, the State of Georgia has lost one of her most faithful, honest, efficient and distinguished sons; one who has served her honorably and satisfactorily, as Governor of this State, and as a member of the Congress of the United States; and one who upon his retirement from public life, received from the entire body of his fellow-citizens the plaudit, well done good and faithful servant. Resolved, That as a token of respect to his memory, the General Assembly will adjourn until half past nine o'clock, to-morrow morning. [Illegible Text] or William Schley.

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Resolved, That the Secretary of the Senate is hereby instructed to transmit a copy of the above resolutions to the widow and family of the deceased. Assented to, Nov. 23, 1858. (No. 2.) Whereas, it has been shown that there are several bonds given by agents of the Western and Atlantic Rail Road, conditioned to be void if the principals in said bonds faithfully accounted for all funds which come to their hands as such agents; and the Books of said Railroad showing that some of said Agents are in default, Bonds of Agents of State Road. Resolved by the General Assembly of the State of Georgia, That the Superintendent of the Western and Atlantic Railroad be required to put said bonds in a train of collection, if in his opinion, such course would be best for the interest of the State. Assented to, December 11, 1858. (No. 3.) Whereas, the people of Cherokee, Pickens. Forsyth and Lumpkin counties, desire to extend the Etowah Railroad, and Elijay Railroad: Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the Governor and the Superintendent of the Western and Atlantic Railroad, be authorized and directed to let the Etowah and Canton Railroad company, have the use of the old rails which may be taken up on the State Road in re-laying the track, for the construction of the Etowah and Canton Railroad, as the same may be graded, at such annual rates as may be just, for a term of years, and that the same be returned at the end of said time, or paid for at a stipulated price per ton. Etowah R. R. Elijay R. cos. to be furnished with old rails from State Road. Be it further Resolved, That the provisions of this resolution be extended to the Elijay Railroad company; provided, that satisfactory security be given for that purpose. Approved, December 11th, 1858. [No. 4.] Resolved by the Senate and House of Representatives of the State of Georgia, That His Excellency the Governor be, and he is hereby authorized and requested, to deliver to James A. Green, all the papers of whatever kind in the claim of Peter Trezevant, for the purpose of prosecuting said claim against the Government of the United States, either before the Court of claims or the Congress of the United States, as he the said James A. Green may think best. James A. Green to have use of old [Illegible Text] claim papers.

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Resolved, That the said James A. Green is hereby authorized to retain twenty-five per cent. out of the amount he may collect of said claim for his services as agent or attorney. Resolved further, That if the said James A. Green should fail to collect said claim, the State of Georgia shall not be liable or bound to allow him anything for his services. Approved, Dec. 11, 1858. [No. 5.] Whereas, in the Indian Wars from 1794 to 1796, the war with Great Britain of 1812, the Indian disturbances of 1817 and 1818. The Florida war of 1836 and 1837, the Creek war, and the removal of the Cherokees, the State of Georgia, through her Militia rendered important military service to the United States in the prosecution of these several wars. And whereas, the public service thus rendered, was in many instances paid for by the State of Georgia, and the sums thus advanced have never been refunded by the General Government, as will appear from the several muster and pay rolls of file in the Executive Department of Georgia, and in the War Department at Washington City: Preamble. And whereas, many citizens of Georgia, who were thus virtually engaged in the military service of the United States, in the carrying on of these several wars against the common enemy of the country, cannot, under the existing Bounty Land Laws, avail themselves of the bounty which Congress manifestly intended to bestow upon all soldiers who have rendered such service: Therefore be it resolved by the General Assembly of Georgia, now in session, That our Senators in Congress be instructed, and our Representatives be requested, to exert all their influence to have an Act passed by Congress refunding the various sums advanced as aforesaid, as a matter of justice to the State of Georgia, and in order to enable her citizens, who rendered the military service as aforesaid, or their widows and orphans, to obtain the benefits of the Bounty Land Laws, in common with other soldiers. Claims of Ga. against Gen'l Government for moneys paid out. Approved, Dec. 11, 1858. (No. 6.) Be it resolved by the Senate and House of Representatives of the State of Georgia, That his Excellency the Governor be, and he is hereby requested, at his earliest convenience, to furnish Howell Cobb, Esq., of Houston county, with such Acts of the present session, as fall within the design of his compilation. Howell Cobb, Esquire, of Houston, to be furnished with certain Acts. 2d. Resolved, That as soon as Howell Cobb Esq., shall inform his Excellency the Governor that he is prepared to submit the arrangement of the Acts of the present session of the Legislature, together with forms required, that his Excellency the Governor appoint

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three gentlemen, learned in the laws, to examine the entire work; and if said gentleman shall report to his Excellency the correctness and faithful execution of said work, he is hereby authorized and requested to subscribe for a number of copies of said work, as he shall think necessary. Committee to examine his book. Not to receive over $5 per copy. Provided said Howell Cobb, Esquire, shall not be allowed more than five dollars per copy for said work, when neatly and substantially bound and delivered. 3. Resolved, That as soon as said Howell Cobb, Esquire, shall be ready to proceed to the publication of said work, that his Excellency the Governor be, and he is hereby requested to draw his warrant on the Treasurer in favor of said Howell Cobb, Esquire, for the sum of three thousand dollars; and that the same be provided for in the appropriation bill. Provided said Howell Cobb, Esquire, shall previously deposit with his Excellency, his bond, with good and ample security, in the sum of six thousand dollars, conditioned to deliver said books at the earliest practicable day. $3,000 ad vanced. Proviso. Assented to Dec. 11, 1858. [No. 7.] Be it resolved by the Senate and House of Representatives of the State of Georgia, That our Senators and Representatives in Congress, be requested to use their influence in procuring a tri-weekly hack line from Canton, in Cherokee county, to Dawsonville, in Dawson county, Georgia, via Ft. Buffington, Orange, Ophir, Hightower, and Barretsville, as the said line will greatly increase the mail facilities of that section of the State, on account of a large portion of the citizens between the first named points being entirely without mail facilities, and no portion of them receiving a mail oftener than once a week, except Canton office, of the county of Cherokee, Georgia. Tri weekly back mail from Canton to Dawsonville. Assented to 11th Dec., 1858. [No. 8.] Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That our Senators and Representatives in Congress be, and they are hereby requested to use their best efforts and influence to have the road leading from Atlanta via Roswell, Alpharetta, Cumming, on to Dahlonega, established as a post road; and request the P. M. General to put a four horse coach on it immediately; and that the Governor be, and he is hereby requested, to forward copies of this Resolution to our Senators and Representatives forthwith. [Illegible Text] horse oach mail [Illegible Text] from Atlanta to Dahlonega. Assented to Dec. 11, 1858.

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[No. 9.] Resolved by the General Assembly of the Stute of Georgia, That his Excellency the Governor of this State, and the Superintendent of the Western and Atlantic Railroad, be requested to make such reduction on the present rates of freight on pig iron, bar iron, and on all other kinds of iron which are or may be manufactured in Georgia, as will encourage the making of Georgia iron, and the development of the immense mineral wealth of the State, by encouraging capitalists to embark their capital in the iron business. Provided that no iron shall at any time be carried over the State Road so low that the State will not receive a reasonable profit by its transportation. Freight on [Illegible Text] on State Road Proviso. Resolved, That the Superintendent of the Western and Atlantic Railroad, be requested to have a sideling constructed on said Road at such convenient point near the lime-kiln of McKey and Sheets, in Cass county, as the Chief Engineer of the Road may, on examination, determine to be most safe. Provided said McKey and Sheets, or whoever else may occupy said sideling hereafter, will give to said Superintendent, or to any that may succeed him, bond with good security, to be approved by such Superintendent, to indemnify the State against any damage which may occur to said Road, on account of the construction and keeping up of said sideling. Sideling in Cass co. Proviso. Assented to Dec. 11, 1858. [No. 10.] Whereas, it is the duty as well as the pleasure of a people to cherish the memory of their heroes and sages; and whereas, General James Jackson, while in life, was the faithful servant and the zealous defender of the liberty of his country, in the hour of her need, and was justly endeared to the hearts of his countrymen who have never been slow to appreciate worth, or to render grateful homage to the greatness of her sons: Preamble. Be it therefore resolved by the General Assembly of the State of Georgia, That his Excellency the Governor, be requested to employ a competent artist to paint a full length portrait of General James Jackson; and when finished, that the same be placed in the Executive Department. Portrait of Gen. James Jackson. Assented to, 11th December, 1858. [No. 11.] Resolved. That the Treasurer be required to set forth distinetly in his annual report, the amount of per diem paid each member and each officer of the Senate and House of Representatives, and the amount of mileage paid each member of the present General Assembly. Per diem pay of members to be set forth in Treasurer's report. Assented to Dec. 13, 1858.

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(No. 12.) Whereas, it is the duty, as it has been the custom, of Congress, when information touching the interest of the people of the United States is required, to appoint a commission for the purpose of obtaining the information desired. Preamble. And whereas, within the limits of the State of Georgia, there is contained a very large portion of the Yellow Pine Belt, an amount larger perhaps than in all the other States which border upon the Atlantic, and upon which a very low estimate is placed by many of our citizens, stigmatized by some as a pine barren, a desert c., but which, if rightly appreciated and understood, would add millions to the wealth of our citizens, and greatly increase the amount of taxable property of the State. Preamble And whereas, one of Georgia's wisest and greatest Statesmen foresaw and predicted that the time was not far distant, when our Pine Forest would become of great value; and already we find that the United States government, startled by the rapid destruction of the said pine forest, for agricultural and other purposes, have withdrawn from sale a large portion of pine lands in Florida, for the purpose of holding the timber for the future use of her Navy. Preamble. Resolved, Therefore by the General Assembly of the State of Georgia, that our Senators and Representatives in Congress be to requested to use their influence in having a commission appointed by Congress, to enquire into the limits and extent of the Southern Pine Belt; what will be the probable time of its duration under the present rate of depletion; the quantity of pine timber annually shipped; and to what countries; together with any and all matters of interest connected with the subject. Corr m'rs to examine Southern Pine Belt. Resolved, That his Excellency the Governor, be requested to forward a copy of these resolutions to each of our Senators and Representatives in Congress. Assented to Dec. 11, 1858.

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RESOLUTIONS. Adopted by the Senate and House of Representatives, originating in the HOUSE OF REPRESENTATIVES. No. 1. In relation to Two Horse Mail between Elijay and Canton. No. 2. In relation to new matter after 1st, December. No. 3. On the death of Hon. Jesse M. Jones, of Warren. No. 4. On the death of Hon. George H. Julien, of Forsyth. No. 5. On the death of Hon. Jacob W. Moore, of Glynn. No. 6. On Election of a Director of the Bank of the State. No. 7. On Religious services on Thanksgiving Day. No. 8. On Adjournment. No. 9. On Georgia Military Institute. No. 10. On Election of Commissioners to Codify the Laws. No. 11. On Post route from Dahlonega to Clarkesville. No. 12. On A National Armory in this State. No. 13. On In relation to a city lot in Columbus. No. 14. On In relation to Naval Depot on Blythe Island. (No. 1.) Resolved, by the Senate and House of Representatives of the State of Georgia, That our Senators and Representatives in Congress be requested to use their best efforts to procure a Two Horse Mail Line from Elijay, by way of Jasper, Pickens county, thence to the Ball Ground, Cherokee county, thence to Canton and back twice a week: also a weekly One Horse Mail from Eden P. O. Effingham county to Harvillville, Bulloch county, via Branhams store in Bulloch county, and that a copy of this resolution be furnished to each of our delegates in Congress. Hack line from Canton to Elijay. One horse mail from Eden to Harvillville. Assented to November 15, 1858.

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(No. 2.) Resolved, if the Senate concur, That except by a two third vote, no new matter shall be introduced into either branch of the General Assembly, after the first day of December next. Introduction of new matter. Assented to, November 23, 1858. [No. 3.] Whereas, The dispensation of an all-wise Providence has seen fit to take from our midst, in the prime of life, the Hon. Jesse M. Jones, member elect from the county of Warren, Be it therefore, Resolved, 1 st, That the General Assembly of the State of Georgia, has heard with sorrow and regret, of the death of the Hon. Jesse M. Jones, member of the House of Representatives elect, from the county of Warren. We therefore tender our heartfelt sympathy to the surviving friends of the deceased, in their sad bereavement. Death of Hon. John M. Jones. Resolved 2 d, That, in token of our sorrow, the members of the General Assembly be requested to wear the usual badge of mourning for thirty days. Resolved 3 d, That a copy of these resolutions be forwarded by the Clerks of this House to the brother and friends of the deceased Assented to Nov. 11, 1858. [No. 4.] Whereas, The Honorable George H. Julien died on the 23d day of October, 1858, at his residence in Forsyth county, and he being at the time a member of the House of Representatives, Be it therefore, Resolved, That it is with sincere regret that we have to mourn the death of our friend and fellow member, George H. Julien, representative from the county of Forsyth; in him the House will lose an able and vigilant member, the State a good citizen, and the followers of Christ a faithful votary. Death of Hon. Geo. H. Julien. We will not approach the grief and anguish of the widow and his orphan son; we leave them to the merciful protection of the great Author of our being, who in his wise but inscrutable providence, has caused the bereavement, and to the consolations of that religion which brought light and immortality. Our warmest sympathies are with them in their afflictions. That we will wear the usual badge of mourning during the continuance of the session; and that a copy of these resolutions be sent to the family of the deceased, and also entered on the Journals of the House. Assented to Nov. 11th, 1858. [No. 5.] Whereas, Intelligence of the death of the Hon. Jacob W. Moore,

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member from the county of Glynn, has been given to the House of Representatives, 1st. Resolved, That the General Assembly of the State of Georgia has heard with regret and sorrow of the decease of the Hon. J. W. Moore, member of the House of Representatives from the county of Glynn; and we tender to the family and surviving friends of the deceased, our heartfelt sympathy in this, their sad bereavement. Death of Hon. Jacob W. Moore. 2d. Resolved, That in token of our sorrow, the members of the General Assembly be requested to wear the usual badge of mourning for thirty days. 3d. Resolved, That a copy of the above resolutions be forwarded by the Clerk of this House to the widow of the deceased. Assented to Nov. 11th, 1858. [No. 6.] Resolved, That the General Assembly will convene in the Representative Chamber, on Friday, the 12th inst., at 12 o'clock, M., to elect a Director on the part of the State, in the Bank of the State of Georgia. Election of Director of State Bank. Approved Nov. 12th, 1858. [No. 7.] Whereas, His Excellency the Governor, has set apart Thursday the 25th inst., as a day of Thanksgiving, and recommended divine service to be held in the different places of worship, Resolved, That a committee of three be appointed on the part of the House of Representatives, to act in concert with a committee to be appointed on the part of the Senate, to make arrangements for service in the Hall of Representatives, on Thursday next, and to invite some distinguished divine to deliver an appropriate sermon, on the occasion. Thanksgiving. Approved Nov. 23d, 1858. [No. 8.] Resolved, That the General Assembly will adjourn on Saturday, the 11th of December, sine die. Adjournm't of Legislature. Assented to Dec. 2d, 1858. [No. 9.] Whereas, In view of the increasing numbers of pupils in the Georgia Military Institute, it may become necessary to employ an additional Professor in said Institute. Be it therefore, Resolved by the Senate and House of Representatives, That his Excellency the Governor, in connection with the Board of Trustees of said Georgia Military Institute, be authorized

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and empowered (should they deem it necessary for the welfare of the Institution) to employ an additional Professor for the same. Add'n'l Professor in GaMili'y Institute. Assented to Dec. 7th, 1858. [No. 10.] Resolved, That upon the concurrence of the Senate in this resolution, the General Assembly meet in the Representative Hall, this day, at ten minutes before one o'clock, P. M., for the purpose of electing three fit and proper persons to codify the laws of Georgia. Election of Codifyers of Laws. Assented to Dec. 10, 1858. [No. 11.] Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That our Senators and Representatives in Congress, be requested to procure the passing of an Act establishing a post route, by two horse hack line, tri-weekly, from Dahlonega, via. Cleveland, White county, to Clarkesville, Habersham county. Hack line from Dahlonega to Clarkesville. Assented to, December 11, 1858. [No. 12.] Resolved by the Senate and House of Representatives of the State of Georgia, That our Senators and Representatives in Congress, be requested to use every effort in their power to have a National Armory established within the limits of this State. National Armory in Georgia. Assented to, December 13, 1858. [No. 13.] Whereas, in pursuance of an Act passed March 4th, 1836, a certain square of land in the city of Columbus, containing about four acres, supposed to be the property of the State, was surveyed, with a view to the sale of said square of land; and whereas, the Mayor and Council of the city of Columbus, in behalf of said city, enjoined the same from sale, alleging said square of land to be the property of said city, which suit is still pending. Preamble. Be it therefore resolved, That the State do hereby relinquish to said city of Columbus, all right, title or claim, if any she has, to said square of land; provided said city of Columbus, shall indemnify the State against the payment of all expenses and attorney's fees, which have accrued in consequence of said litigation. Relinquishment by State, of claim to square of land in Columbus. Assented to, December 11, 1856

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[No. 14.] Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same, That the Senators and Representatives of the State of Georgia, in the Congress of the United States, be, and they are hereby requested, to ask for, and use their best exertions to obtain an appropriation from the Treasury of the United States, sufficient for the erection and construction of a Naval Depot on Blythe Island, near the city of Brunswick, in this State; and that a copy of these resolutions be forwarded by his Excellency the Governor, to each of our Senators and Representatives in the Congress of the United States. Naval Depo on Blythe Island. Approved, Dec. 11, 1858.

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INDEX. A ACADEMIES, COLLEGES, C. University of Georgia, Governor to be President of board of Trustees of, 107 . Member of Faculty cannot be a Trustee of, 107 . In absence of Governor, oldest member of board to be President of board, 107 . Washington Institute, Act incorporating, 109 . Name of Buffalo village changed to LINTON, 110 . acts of Executive committee of, ratified, 110 . Justices of the Peace of Dawson county to make additional returns of poor children, 111 . Trenton Academy, further provision for sale of, 111 . William J. Taylor, one of old Trustees of, superceded by W. W. Atkins, 111 . Atlanta Medical College, 6th section of Act incorporating, repealed, 112 . board established to issue diplomas, 112 . Board of education in the county of Lincoln and Jasper, established, 112 , 113 . this Act extended to Terrell county, 113 . Act in relation to poor school system in Lumpkin and Rabun counties, 114 . Danielsville Academies, act for the sale of amended, 114 , 115 . new trustee appointed for, 115 . money arising from sale of, how applied, 115 . Appling county, how poor school fund applied in, 115 , 116 . power of Ordinary in, in paying teachers of poor children, 116 . Union Academy in Thomas county, act incorporating, 116 . Madison county, Academic funds of, may be sued for, 116 , 117 . Hall county, act to pay Justice Peace for returning poor children in, 117 . Hart county, certain moneys of, to be applied to school purposes, 117 . Glynn County Academy, trustees of may lease or sell Academy property, 117 118 . Survey of George Purvis and of G. R. Baldwin, 118 . Marshall College, act incorporating amended, 118 . ACTION, act of 19th Dec'r., 1818, amended, 86 . auditors may be appointed in certain cases, 86 , 87 . writs of certiorari extended to possessory warrants, 87 .

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service on non-residents in scire facias, 87 . costs by whom paid for such service, 87 . ADMINISTRATORS, EX'RS., ORDINARIES, C., may sell wild and scattered lands at private sale, 56 . Ordinary may order such sale, 56 . Ordinaries may issue cost fi. fas., 57 . Guardians may administer on estates of deceased wards, 57 . wages of overseer, white laborer, c., how paid out of estates, 58 . contracts of minors void, except for necessaries, 58 . Guardians, c., in Richmond co. may invest trust funds in city bonds, 165 . Samuel Curtright, Ordinary of Troup county, acts of legalized, 165 . Samuel Curtright, Ordinary or Troup county, his duty as to sale of lands belonging to estate of Jas. M. Potts, dec., 166 . Sale of lands and negroes of estate of J. C. Longstreet, deceased, 166 , 167 . estate of Curtis G., Gray not to escheat, and his will established, 167 . Acts of G. W. Harris, executor of J. V. Harris, deceased, legalized, 168 . John W. Reid, administrator on estate of S. B. Daniel, deceased, may invest profits of estate in lands, 168 . Maith B. Banks and J. H. Banks representatives of R. Banks, deceased, may sell certain lands of the estate at private sale, 169 . duties of Wm. M. Reese, administrator of T. Jones, deceased as to the estate, 169 . James B. Battle, trustee, how to dispose of trust property, 169 , 170 . ADOPTION, of children, 97 . act of 6th March, 1856, amended, 97 . AGRICULTURE COMMERCE, Act of Dec. 22, 1857, repealed, 7 . AIR LINE RAILROAD COMPANY, act incorporating, amended, 66 . ALBANY, Judicial powers conferred upon Mayor of, 128 . his salary, how allowed and fixed, 128 . taxes for support of city government of, how assessed, c., 128 . ALBANY GUARDS, act exempting from jury duty, repealed, 171 . ALLEN, HENRY, appropriation to, 15 . ALLEN, P. H., residence of, to be included in Clayton co., 41 . ALPHARETTA, town of, incorporated, 148 , 149 , 150 . ALTAMAHA LODGE, act incorporating, 121 . ALTAMAHA RIVER, com'rs of, relieved, 180 . AMERICUS, act incorporating, [amended, 129 . ANDERSON, G. W., appropriation to, 17 . APPLING COUNTY, lines between Appling, Pierce and Wayne cos. to be surveyed, 44 , 45 . Inf. Court when held in, 85 . poor school fund of, how applied in, 115 , 116 . duty of Ord'y. in relation to, 116 two constables to be elected in Holmesville dist. in, 164 . APPROPRIATIONS, for unpaid salaries of certain Judges of Superior Courts, 8 . for unpaid salaries of certain Judges of Supreme Court, 9 . for R. K. Hines, 9 . for W. M. Reese, 9 .

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State Treasurer to make certain advancements, 9 . to John H. Howard, 9 . to Thomas H. Highsmith, 10 . for repair of penitentiary, 10 . for support of pupils in Ga. Acad. for the Blind, 11 . for salary of Governor, 11 . for salary of State House officers, 11 . for salary of Gov's Secretaries, 11 . for salary of Atty.and Sols. Gen'l, 11 . for salary of Messenger Ex. Dep., 11 . for salary of Judges Supreme Ct., 11 . for salary of Judges Sup'r Ct., 11 , 12 , for salary of Supreme Ct. Rep'r, 12 . to pay contingent fees of Atty. and Sols. Gen., 12 . for printing fund of 1859, 12 . for contingent fund of 1859, 12 . for salary of military store-keeper at Milledgeville, 12 . for salary of military store-keeper at Savannah, 12 . for military fund of 1859, 12 . for salary of Chaplain to penitentiary, 12 . for keeping in order Sen. Cham and Rep. Hall, 12 . for salary of Supt. and Res't Phy. Lunatic Asylum, 12 . to pay other officers and employees of lunatic asylum, 12 . to pay for support of pauper patients of lunatic asylum, 12 . to purchase provisions for penitentiary, 13 . to pay salary of State House Guard, 13 . to pay salary of State librarian, 13 . to increase State library, 13 . to defray expenses of taking State census of 1859, 13 . act of 8th Jan. 1852, modified and re-enacted, 15 . to pay Clerk Supreme Court for stationery, c., 13 . for repairs, c., of State House clock, 13 . per diem to Prest. Sen. and Speak. House, 13 . per diem to members, 13 . mileage of members, 13 . for salaries Sec'y. Sen. and Clerk House, 13 . per diem of Sec'y. and Ass'nt of Sen. and Clerk and Assistant of House, 14 . per diem of Journalizing Cl'k and two recording clerks, 14 . per diem of other clerks, 14 . additional pay to Ass't Secretary and Ass't clerk, 14 . additional pay to Sec'y Sen. and Cl'k House for contingent expenses, 14 . per diem to chief enrolling clerks of Senate and House, 14 . per diem to messengers and door-keepers, 14 . for cleaning and lighting chandeliers, 14 . additional pay to journali'g clerks of Senate and House, 14 . to A. M. Spear, 14 . to pay Trustees Ga. Military Intitute, 14 . to purchase standard weights and measures, 14 . to H. A. Crane, 15 . to Gray Tinby, 15 . to Henry Allen, 15 . to Georgia Asylum for Deaf and Dumb, 15 . for monument to Gov. Jared Irwin, 15 . to Jared Irwin, 15 . to Bank of Fulton, 16 . to pay delegates to southern rights convention, 16 . to Obadiah Edwards, 16 . to Archibald Standifer, 16 . to pay visitors to deaf and dumb asylum, 16 . per diem to Speaker of Ho. and President Sen. pro tem., 16 . for pay of Sen. committee on W. A. R. R., 16 . to pay W. B. Terhune. Secretary to such committee, 16 . to Dade co., 17 . G. W. Anderson and others, 17 . to build wall around lunatic asylum, 17 . to building commissioners of lunatic asylum, 18 . to pay building commissioners of lunatic asylum, 18 .

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ATLANTA, First Presbyterian church of, charter amended, 133 . Atlanta Medical College in, board estab'ed to issue diplomas, 112 . 6th section of act incorporating, repealed, 112 . ATLANTA MEDICAL COLLEGE, 6th section of act incorporating, repealed, 112 . board established to issue diplomas, 112 . ATTACHMENT AND GARNISHMENT. shares in corporations subject to, 18 . transfers of shares or stock after levy of, void, 19 . how such shares sold under, 19 . certificate of purchase how and by whom given, 19 . ATTY. AND SOLS. GEN. appropri'tn to pay salaries of, 11 . appropri'tn to pay certain fees of, 12 . AUGUSTA, guardians, c., of Richmond co. may invest trust funds in bonds of city council of, 165 . (B.) BAKER COUNTY, Supr. Courts when held in 82 . provisious for removal of county site of, 83 , 84 . road hands in, to work roads on one days's notice, 183 . BALDWIN COUNTY, Act of 1857, in relation to city of Milledgeville, in, repealed. Inferior Court when held in, 81 . BANK OF FULTON, anpropriation to pay certain coupons to, 16 . 19th sec. of Act incorporating, repealed, 2 , 3 . returns of to Gov. to be made under general laws, 23 . capital stock of, not to be taxed by city of Atlanta, 23 . declared dividends of, may be taxed by city, 23 . BANKS AND BANKING, additional penalty against for not making returns, 20 . penalty, two per cent. a month on cap. stock, 20 . execution may issue therefor, after 1st July, 1859, 21 . thereafter, monthly, 21 . liabilities of, not to cease with charter; 21 . Bank of Fulton, 19th sec. of Act incorporating, repealed, 23 . returns of to be made under general laws, 23 . capital stock of, not subject to city tax, 23 . declared dividends of, may be taxed by city, 23 . BANKS, ( Foreign, ) agencies of in this State, tax on, 105 . payments of tax on, how enforced, 105 . BANKS COUNTY, laid out from Habersham and Franklin, 30 . attached to 6th Congressional and Western Jud'l dist. 30 . Supr. Courts held in, 4th Mon. in April and Oct., 31 . Infr. Courts held in, 1st Mon. in Feb. and Aug., 31 . BANKS, RICHARD ( Deceased, ) certain lands of estate of, may be sold at private sale, 169 . BATTLE, JAMES M. trustee, c. how to dispose of trust property, 169 , 170 . BASTARDS, legitimation of, 97 .

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Act of 6th March, 1856, amended, 97 . BERRIEN COUNTY, line between Coffee county and changed, 134 . Butler Lodge in, incorporated, 122 . BIBB COUNTY. Act of 19th Dec'r. 1818, as to, amended, 182 , 183 . road Comm'rs in, to hold office four years, 183 . retail license in outside of city of Macon in, 159 , 160 . BIVINS, JAMES H. and John L. Woodward, may administer on estate of Allen McWalker, dec'd., 186 . BONDS, old State bonds to be taken up and new issued, for Educational Fund, 51 . agents, c. on W. A. R. R. to give new, by 1st Jan. 1859, 63 . if agent in default, execution to be issued thereon, 63 . Treasurer may sign coupons on old 6 per cent. State, 101 . he may issue new State 6 per cent., 101 . of retailers in co. how sued on, BRANNEN, D. H. appropriation to, 17 . BROOKS, BURTON A., Act pardoning, 176 . BROOKS COUNTY, laid out from Lowndes and Thomas, 35 . attached to 1st Congressional and Southern Jud'l dist., 35 . attached to 6th div. and 2d Brig. G. M. 35 . county site named QUITMAN, 36 . Supr. Courts held in, 3d Mon. in May and Nov., 37 . Infr. Courts held in, 3d Mon. in Aug. and Feb., 37 . BRUNSWICK, different surveys of town and commons of, 118 . BRYAN COUNTY, extra tax in, to educate poor children, 188 , 189 . excepted in Act, repealing Act of 22d Dec. 1857, 7 . BRYAN, LOVERED, relief of, 178 . BRYAN, SAMUEL, relief of, 180 . BUENA VISTA, Act in relation to, 133 , 134 . BUFFALO, name of, changed to `Linton,' 110 . BURGLARY, penalty for, committed in the night, increased, 98 . BURKE COUNTY, Supr. Cts. when held in, 82 . county moneys rec'd by Cl'k Supr. and Infr Cts. of, to be paid over to Infr. Court of, 163 . BUTLER LODGE, Act incorporating, 122 . BUTTS COUNTY, road hands in, to work roads on one day's notice, 183 . C. CALHOUN, retail license in, 130 . CAMDEN COUNTY, line between Glynn county, and, changed, 44 . excepted in Act repealing Act of 22d Dec. 157 , 7 . Act of 26th Jan. 1850, repealed, 181 . certain road hands of, subject to control of Inf. Ct. of, 181 . CAMILLA, Act incorporating, 135 , 136 . CANTON, a tobacco inspection to be established in, 162 . CARLISLE WILLIS, appropriation to, 17 . CARNESVILLE LODGE, Act incorporating, 123 . CARROLLTON, additional powers given to town Comm'rs of. 139 .

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CARROLL COUNTY, road hands in to work roads on one day's notice, 183 . constables in, may be ruled by road Commr's 153 . CA. SA. on what conditions issued, 60 . notice by deft. in to creditors how given, 59 . CASS COUNTY, extra tax in, to pay jurors, 191 . CASS COUNTY AGRICULTURAL SOCIETY, Act incorporating, 172 . CATOOSA COUNTY, road hands in to work roads on one day's notice, 183 . CEDAR TOWN, act of 8th Feb, 1854, received and amended, 148 . CENSUS, appropriation for taking in 1859, 13 , 14 . act of 1852 modified and re-enacted, 14 . CHAPLAIN OF PENITENTIARY, appropriation for pay of, 12 . CHARLTON COUNTY, Inferior Court when held in, 79 . CHATHAM COUNTY, excepted in act repealing act of 22d December, 1857, 7 . constables in, may be ruled by Road Commissioners, 153 . tales jurors to try criminal cases in Superior Court in, how drawn c., 156 , 157 . fees of Ordinary of, 158 , 159 . CHATTAHOOCHEE COUNTY, Superior Court when held in, 81 . CHEROKEE COUNTY, certain Militia Districts heretofore laid off in, legalized, Inferior Courts in, when held, 80 act of 11th Dec. 1841 as to, repealed, 182 . certain Militia districts legalized in, 161 . tobacco inspection in Canton in, to be established, 162 . CHURCHES AND CHARITABLE INSTITUTIONS, Walthourville, act to incorporate the Presbyterian Church of, 119 . Savannah Flour Mill Company, act incorporating, 120 . Hudson Lodge, act incorporating, 120 . Altamaha Lodge, act incorporating, 121 Mud Creek Baptist Camp Ground, act incorporating, 121 . Butler Lodge, act incorporating, 122 . Goulding Lodge, act incorporating, 123 . Phi Delta Lodge, act incorporating, 123 . Carnesville Lodge, act incorporating, 123 . M. E. Church, at Prospect, act incorporating, 124 . Kingston Presbyterian Church, act incorporating, 124 . Peresbyterian Church (first) of Atlanta. act incorporating, amended, 133 . CITIES AND TOWNS, Milledgeville, act of 22d, December 1857, repealed, 125 . Savannah, certain provision of act of 8th Dec. 1849, repealed, 126 . sections 7th, 8th and 14th of said act, repealed, 126 . registry of names of voters in, 126. fee of $1 in lieu of poll tax, 126 . registry list how used and disposed of, 127 . system of drainage established, in, 129 . Columbus, election of Mayor and aldermen of, 127 . their term of office, 127 . judicial powers of Mayor of, 127 , 128 . Market in, 128 .

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Subscriptions by, for stock in certain R. R. Cos. legalized, 131 , 132 . powers of, to assess taxes to pay bonds c., 132 . certain scrip to be issued for such taxes, 132 . Albany, powers of Mayor of, 128 . his salary, 128 . taxes for support of city government, how assessed c., 128 . Americus, act incorporating, amended, 129 . Monticello, charter of amended, 130 . Lumpkin, road hands in not subject to corporation of, 130 . Calhoun, retail license in, 130 . First Presbyterian Church at Atlanta, act incorporating amended, 133 . Buena Vista. corporate limits of, extended, 133 . poll and other tax may be assessed in, 133 . other powers given to commissioners of, 133 , 134 . election of Commissioners of, 134 . certain lots of land of Irwin co., added to Wilcox co., 134 . line changed between Berrien and Coffee counties, 134 . Camilla, act incorporating, 135 , 136 . Elijay Railroad Company, charter amend, 137 . Merchants and Mechanics' Insurance Company, act incorporating, 137 , 138 . Excel Steam Boat Company, act incorporating, 139 . Carrollton, Commissioners of town of, powers as to taxation, c., 139 . LaFayette, certain powers given to Commissioners of, 140 . Macon, acts of 22d Dec. 1857, amended, 141 . Marietta, election of Marshal of, 141 . St. Marys, act amending charter of, 141 , 142 . Macon, appointment of city Sexton of, 143 . Sparta. act conferring additional powers upon the town authorities of, 143 , 144 . Hartwell, corporate limits of, extended, 145 Waresboro, act incorporating, 145 , 146 , 147 . [Illegible Text] Cedar Town, act of 8th, Feb. 1854, received and amended, 148 . Alpharetta, town of, incorporated, 148 , 149 , 150 . Dahlonega, act incorporating, 150 , 151 . Monroe, act incorporating, amended, 151 , 152 . CITY COURT OF SAVANNAH. act of 1857, in relation to, amended, 91 , 92 . fees of Clerk of, 92 . CLARK COUNTY, road hands in to work roads on one day's notice, 183 . extra tax in, to pay jurors, 186 . CLAYTON COUNTY, laid out from Henry and Fayette, 26 . Boundaries of, as first laid out, 26 , 27 . Boundaries of, as changed since, 41 46 . attached to 4th Congressional, and Coweta Judicial districts, 27 . attached to 5th Division, and 2d Brigate, Georgia Militia, 35 . Superior Courts held in, 1st Monday in May and November, 28 . Inferior Courts held in, 1st. Monday in February and July, 28 .

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CLERK, of Superior and Inferior Courts, to issue certificates to jurors, 102 . of city Courts of Savanuah, his fees, 91 , 92 . of Superior Court, his duty as to Weights and Measures, 13 . of Superior Court, his duty as to Census Returns, 15 . of Supreme Court, pay to for stationery, c., 13 . CLINCH COUNTY. Inferior Court when held in, 78 . COBB COUNTY, road hands in to work on roads on one day's notice, 183 . CODIFICATION, of laws of Georgia, 95 , 96 , and see 202 . COFFEE COUNTY, line between Irwin county and, changed, 46 . commissioners appointed to run out the line, 46 . line between Berrien county and, changed, 134 . COLLEGES, see academies, colleges. c., in index. COLQUITT COUNTY, road hands in to work on roads one day's notice, 183 . COLUMBIA COUNTY, Sup'r Court when held in, 82 . COLUMBUS, election of Mayor and Alderman in, 127 . their term of office, 127 . judicial powers of Mayor of, 127 , 128 . public market in, 128 . subscriptions by, for stock in certain R. R. Cos. legalized, 131 , 132 . powers of, to assess taxes to pay certain bonds, c., of, 132 . scrip to be issued by, to refund such taxes, 132 . CONSOLIDATION OF OFFICES, see county officers, in index. CONSTITUTION. part of 1st sec. and 3d art. of, repealed, 24 . empowers Judges of Supreme Ct. to continue cases one term, 24 . CONTINGENT FUND, $16,000 appropriated for, 12 . CONTINUANCE, by one of joint offenders, not a continuance for others, 99 . COTTON PLANTERS CONVENTION, act incorporating, 172 , 173 . CORPORATIONS, shares or stock in, subject to attachments, 18 , 19 . liabilities of, not to cease with charter, 21 . Wills Valley R. R. Co., may issue orders for work done, c., 65 . Air Line R. R. Co., act incorporating, amended, 66 . Georgia. R R. Co., may eztend Eatonton branch, 66 . Penfield Branch R. R. Co., act incorporating, 67 . Moccasin Turnpike Co., act incorporating, amended, 68 . Gwinnett Manufacturing Co., act incorporating, 69 , 70 . Springer Mountain Gold and Copper Mining Co., act incorporating, 71 . Yahoola River, c., Mining Co., act incorporating, 72 , 73 . Macon Insurance Co., charter of amended, 73 , 74 . Newnan Guards, act incorporating, c., 170 , 171 . Albany Guards, not exempted from jury duty, 171 . Washington Rifles, act incorporating, 171 . Cass County Agricultural Society, act incorporating, 172 . Planters Convention of the State of Georgia, act incorporating, 172 , 173 .

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Young America Fire Co., act incorporating, 173 . Mechanics' Independent Fire Co., allowed forty additional exemptions from jury duty, 173 . Governor's Guards. act incorporating, 174 , 175 . Oglethorpe Light Infantry, act incorporating, 172 . certain privileges granted to, to be enjoyed by other infantry corps of Savannah, 175 . COUNTIES, (NEW,) AND COUNTY LINES, Banks county, laid out from Habersham and Franklin, 30 . attached to 6th Congressional and Western Judicial Dist's, 30 . Sup'r Courts held in, 4th Monday in April and October, 31 . Inf'r Courts held in, 1st Monday in February and August, 31 . Brooks county, laid out from Lowndes and Thomas, 35 . attached to 1st Congressional and Southern Judicial Dist's, 35 . attached to 6th division and 2d brigade, G.M., 35 . Sup's courts held in, 3d Monday in May and November, 37 . Inf'r courts held in, 3d Monday in August and February, 37 . county site named QUITMAN, 36 . Clayton county, laid out from Henry and Fayette, 26 . attached to 4th Congressional and Coweta Judicial Dist's, 27 . attached to 5th division and 2d brigade, G. M., 27 . boundaries of, as first laid out, 26 , 27 . boundaries of, as changed since, 41 , 46 . Sup'r Courts held in, 1st Monday in May and November, 28 . Inf'r Courts held in, 1st Monday in February and July, 28 . Echols county, laid out from Lowndes and Clinch, 37 , 38 . attached to 1st Congressional and Brunswick Judicial Dist's, 38 . attached to 6th division and 2d brigade, G. M., 38 . Sup'r Courts held in, on Monday after 4th Monday in March and September, 39 . Inf'r Courts on the Monday after Inferior Courts in Clinch co., 40 . Johnson county, laid out from Washington, Emanuel and Laurens, 32 . attached to 1st Congressional and Middle Judicial Dist's, 32 . attached to 1st division and 2d brigade, G. M., 32 . Sup'r Courts held in, 2d Monday in June and December, 34 . Inf'r Courts held in, 2d Monday in April and October. 34 . Quitman county, laid out from Stewart and Randolph, 28 . attached to 2d Congressional and Pataula Judicial Dist's. 29 . attached to 13th division and 2d brigade, G. M., 29 . Sup'r Courts held in, 3d Monday in May and November, 30 . Inf'r Courts held in, 2d Monday in February and August, 30 . County lines, changed between, Henry and DeKalb, 40 . Montgomery and Tattnall, and Tattnall and Emanuel, 40 . Elbert and Hart, 41 . Fayette and Clayton, 41 . McIntosh and Liberty, 41 , 42 . Wayne and Glynn, 42 . Ware and Pierce, 42 , 43 . Dougherty and Worth, 43 . Irwin and Worth, 43 . Jefferson and Emanuel, 43 . Gilmer and Pickens, 44 . Camden and Glynn, 44 . Wayne, Appling and Pierce, 44 , 45 . Macon and Sumter, 45 . Habersham and White, 45 .

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Schley and Marion, 45 . Henry and Clayton, 46 . Coffee and Irwin, 46 . and Wilcox and Pulaski, 46 . COUNTY OFFICERS, Carroll county, constables in may be ruled by Road Commissioners, 153 . Chatham county, constables in may be ruled by Road Commissioners, 153 . Dawson county, offices of Tax Receiver and Collector in, consolidated, 155 . Glasscock county, offices of Clerk Superior and Inferior Courts in, after 1st January, 1860, to be consolidated, 154 . Haralson co., offices of Tax Receiver and Collector to be consolidated, 154 . Mitchell co., offices of Clerk Superior and Inferior Courts in, to be consolidated, 154 . Pierce co., offices of Tax Collector and Receiver in, to be consolidated, 155 . Richmond co., fees of Tax Collector and Receiver in, 155 . Warren co., pay to Constables of for attending on Superior and Inferior Courts in, 155 , 156 . Webster co., offices of Clerk Superior and Inferior Courts in, to be consolidated, 154 . Worth co., offices of Tax Collector and Receiver in, separated, 153 , 155 . COUNTY REGULATIONS, Appling county, two constables to be elected in Holmesville dist.. 164 . Bibb co. retail license in, out of city of Macon, 159 , 160 . Burke co. county moneys received by Cl'k. of Sup. and Inf. Cts. to be paid over to Inf. Ct. 163 . Chatham co. tales jurors to try cr. cases in Sup. Ct. of, 156 , 157 . fees of Ordinary in, 158 , 159 . Gherokee co. certain Militia dists. c., legalized, 161 . tobacco inspection to be established in, 162 . Decatur co. tax collectors in, to be allowed commissions on insolvent executions, 163 . Elbert co. retail license in, 159 , 160 . Lincoln co. retail license in, 161 . Marion co. retail license in, 159 , 160 . Miller co. camp-hunting in, 163 . Mitchell co. rettil license in outside of town of Camilla, 160 . Stewart co. retail license in, 160 . Walker co. patrol laws changed for, 161 , 162 . White co. hydraulic mining in, 157 . Wilcox co. retail license in, to be $100, 158 . Whitfield co. feloneously cutting c., timber on lands of others in, a misdemeanor, 162 . COUNTY SITES, Act for removal of county site in Baker co. 83 , 84 . Act to make permanent county site in Polk co., 148 . COWETA COUNTY, road hands to work on roads on one day's notice, 183 .

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CRANE, H. A. appropriation to, 15 . CRAWFORD COUNTY. road hands in to work on roads on one day's notice, 183 . extra tax in, to build jail, 191 . CURTRIGHT, SAMUEL, Ord'y of Troup co., acts of, legalized, 165 . his duties as to sale of land and negroes of estate of J. M. Potts, dec'd., 166 . D. DADE COUNTY, appropriation to, 17 . Trenton Academy in, Act in reference to, 111 . road hands in, to work on roads on one day's notice, 183 . extra tax in, for pauper purposes, 185 . DAHLONEGA, Act incorporating, 150 , 151 . DAWSON COUNTY, additional returns of poor children in, to be made, 111 . hereafter returns to be made under general laws; 111 . extra tax in, for 1859, to pay for new jail, 188 . extra tax in, to pay jurors, 189 . offices of tax col, and receiver in, consolidated, 155 . DEAF AND DUMB, name of Georgia Asylum for, changed, 47 . appropriation to, 15 . pay allowed to visiting com. to, 16 . trustees appointed for, 47 . powers of Gov. to remove members of board and to fill vacancies, 47 . principal of the institution and his powers, 47 , 48 . Sec'y and Treasurer of, and his duties, 48 . Board of Trustees of, and their duties, 48 . DECATUR COUNTY, tax collectors of, to be allowed their commissions on insolvent executions, 163 . DEEDS, how proven, where subscribing witness lives in another State, 53 , 54 . DEKALB COUNTY, part of Henry co. added to, 40 . DOUGHERTY COUNTY, line between Worth county and, changed, 43 . Supr. Ct. when held in, 83 . DOWER, how notice to be given for assignment of, in certain cases, 48 . proviso added to 1st sec. of Act of 21st Feb. 1850, 48 . E. EARLY COUNTY, line between Miller county and, changed, 42 . road hands in, to work roads on one day's notice, 183 . ECHOLS COUNTY, laid out from Lowndes and Clinch, 37 , 38 . attached to 1st Congressional and Brunswick Judicial dists., 38 . attached to 6th Div. and 2d Brig. G. M. 38 . Supr. Cts. held in, 1st Mon. after 4th Mon. in March and September, 39 . Inf. Cts. held in, 1st Mon. after Cts. in Clinch co., 40 . EDUCATION, $100,000 set apart for, 49 . to be added to present school fund, 49 . children between 8 and 18 to participate in fund, 49 . how fund to be used, 49 . system of schools to be devised in each co. 49 . on failure to devise plan, fund to be used under poor school laws, 49 .

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exception as to Chatham county, 49 , 50 . duty of Rec'r of tax returns, 50 . duty of grand jury, 50 . fund to be increased, 50 . each co. may assess tax to augment fund, 50 . Ordinary to be Treasurer, must give bond, 50 . Ordinary must report to grand jury, annually, 50 . children attending school out of their county, 50 . how fund to be drawn from State Treasury, 50 . fund drawn on certain conditions, 50 . duties of teachers, trustees of schools, c., 50 , 51 . board of examiners to be appointed, 51 . examiners shall take an oath, 51 . sinking fund established, 51 , 52 . EDWARDS, OBADIAH appropriation to, 16 . ELBERT COUNTY, line between Hart co. and, changed, 41 . road hands in, to work on roads on one day's notice, 183 . retail license in, 159 , 160 . ELECTION, when held in Pataula Circuit for Judge in 1859, 52 . of comm'rs to codify laws, 95 . ELIJAY RAILROAD CO., charter of, amended, 137 . EMANUEL COUNTY, line between Tattnall and, to be re-surveyed, 40 . Supr. Court held in, 4th Mon. in March and Sept. 82 . line between Jefferson and, changed, 43 . extra tax in, to pay jurors, 189 . ESCHEAT, Act to prevent escheat of C. G. Gray, dec'd., 167 . ESTATES, distribution of, 58 . EVIDENCE, deeds recorded and record burnt, may be recorded again, 53 . such deeds to be admitted in evidence, 53 . deeds, c. how proven, where subscribing witness resides in another State, 53 , 54 . testimony of physicians and school teachers may be taken by interrogatories, 54 . books of W. A. R. R. evidence in certain cases, 64 . EXCEL ST. BOAT CO., Act incorporating, 139 . EXECUTION, may issue immediately on signing up judgment, 89 . not to take away right of appeal, 89 . EXECUTORS, ADMINISTRATORS, c., See Administrators, c., in index. EXTRA TAX, See Tax in index, and each co. by name in index. F. FANNIN COUNTY, road hands in to work on roads on one day's notice, 183 . FAYETTE COUNTY, line between Clayton co. and changed, 41 . Inferior Court when held in, 79 . Gaulding Lodge in, incorporated, 123 . FLOYD COUNTY, road hands in, to work on one day's notice, 183 . FRANKLIN COUNTY, Phi Delta Lodge in, incorporated, 123 . Carnesville Lodge in, incorporated, 123 . road hands in, to work roads on one day's notice, 183 .

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G GAULDING LODGE, act incorporating, 123 . GEORGIA MILITARY INSTITUTE, pay to Trustees of, 14 . GEORGIA RAILROAD COMPANY, may extend Eatonton branch, 66 . GEORGIA ACADEMY FOR THE BLIND, appropriation to support pupils of, 11 . GILMER COUNTY, line between Pickens co. and, changed, 44 . GLASS, ELIJAH, residence of to be included in Clayton co., 41 . GLASS, MANSON, residence of to be included in Clayton co., 41 . GLASSCOCK CO., Superior Courts when held in, 78 . former sessions of Superior Courts in, legalized, 78 . offices of Clerk Superior and Inferior Courts in, after 1st January, 1860, to be consolidated, 154 . GLYNN COUNTY, excepted from act repealing act of 22d December, 1857, 7 . line between Wayne county, and, changed, 45 . line between Camden county and, changed, 44 . Trustees of county Academy in, may lease or sell Academy property, 117 , 118 . Surveys of George Purvis and of G. R. Baldwin, adopted, 118 . GLYNN COUNTY ACADEMY, Trustees of, may lease or sell Academy property, 117 , 118 . surveys of George Purvis and of George R. Baldwin, 118 . GORDON COUNTY, Inferior Courts when held in, 79 . road laws as to amended, 182 , 183 . commissioners of roads in, to hold office 4 years, 183 . provisions for sale of lands and negroes of estate of J. C. Longstreet, deceased, of, 166 , 167 . GOVERNOR'S GUARDS, Incorporated, 174 , 175 . GOVERNOR, appropriation to pay salary of, 11 . GRAY, CURTIS G., ( deceased, ) act to prevent escheat of estate of, 167 . GRAY TINBY, appropriation to, 15 . GREEN, JOHN AND REBECCA, relief of, 178 . GUARDIANS, see administrators, executors, c., in Index. GWINNETT MANUFACTURING COMPANY, act incorporating, 69 , 70 . H HABERSHAM COUNTY, line between White county and, changed, 45 . road hands in to work on one day's notice, 183 . HALL COUNTY, Justices of Peace in, to be paid for returning poor children in, 117 . HANCOCK COUNTY, Washington Institute in, incorporated, 109 . name of town of Buffalo in, changed to LINTON, 110 . road hands in to work on one day's notice, 183 . extra tax in, to provide for the poor 190 . HARALSON COUNTY, extra tax in, to pay county debt, 186 .

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extra tax in, for pauper purposes, 186 , 187 . offices of Tax Collector and Receiver in, to be consolidated, 154 . HARRIS, GEORGE W., acts of as executor of the will of Jeptha V. Harris, deceased, legalized, 168 . HARRIS, JAMES M., relief of, 180 . HARTWELL, corporate limits of, extended, 145 . HART COUNTY, line between Elbert co. and, changed, 41 . portion of tax of for 1858, applied to school purposes, 117 . HEAD RIGHT GRANTS, not to issue hereafter for lands in Washington co., 94 , 95 . HEARD COUNTY, extra tax in, to pay petit jurors, 187 . Superior and Inferior Courts when held in, 83 . HENRY COUNTY, part of, added to DeKalb co., 40. road hands in, to work roads on one days notice, 183 . HIGHSMITH, THOMAS H., appropriation to, 10 . HINES, R. K., pay for books, 9 . HOLT, ELISHA, residence of, to be included in Clayton county, 41 . HOUSTON COUNTY, road hands in, to work on one days notice, 183 . HOWARD, JOHN H., appropriation to, 9 . HUDSON LODGE, act incorporating, 120 . HUNNICUTT, ELI. T., appropriation to, 17 . INCORPORATIONS. see Corporation, in Index, INTEREST. allowed on open accounts, 90 . when such accounts considered due, 90 . INTERNAL TRANSPORTATIONS State road, act for government of, 62 , 63 , 64 . Wills Valley Railroad Company, may issue certain orders for work done c., 65 . Air Line Railroad Company, act incorporating, amended, 66 . Georgia Railroad Company, may extend branch to Eatonton, 66 . Penfield Branch Railroad Company, act incorporating, 67 . Moccasin Turnpike Company, act incorporatin, amended, 68 . INSOLVENT DEBTORS, may notify creditors by publication in newspaper, 59 . ca. sa. not to be issued till affidavit filed, 60 . substance of such affidavit, 60 . how debt, may be discharged, 60 . cost by whom paid, 61 . INSURANCE COMPANIES, see Corporations, in Index. INSURANCE COMPANIES, (FOREIGN,) agencies of in this State, tax on, 104 . on failure to pay, how payment inforced, 105 . INTERROGATORIES, testimony of physicians and school teachers may be taken by, 54 . IRWIN COUNTY. line between Worth county and, changed, 43 . line between Coffee county and changed, 46 . certain comrs. appointed to run last mentioned line, 46 . certain lots of land of, added to Wilcox county, 134 . IRWIN, GOV. JARED, monument over remains of, 15 . IRWIN, JARED. appropriation to, 15 .

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J. JASPER COUNTY, board of education established in, 113 . JEFFERSON COUNTY, line between Emanuel county and, changed, 43 . Superior Court when held in, 82 . may be held two weeks, 82 . jurors for to be drawn, 82 . fees of jurors in, 186 . extra tax in, to pay jurors, 186 . JOHNSON COUNTY, laid out from Washington, Emanuel and Laurens, 32 . attached to 1st Congressional and Middle Judicial districts, 32 . attached to 1st. Division and 2d Brigate Georgia Militia, 32 . Superior Courts held in, 2d Monday in June and Dec., 34 . Inferior Courts held in, 2d Monday in April and October, 34 . JOINT STOCK COMPANIES, see Corporations, and each Company by name. JUDGES SUPERIOR COURTS, appropriation to pay salaries of, for 1859, 11 . appropriation for back pay to, 8 . must hold adjourned terms till dockets be cleared, 85 . JUDGES SUPREME COURTS. appropriation for back pay to, 9 . appropriation to pay salaries of, for 1859, 11 . JUDICIARY, Supreme Court, decisions by full court, not to be reversed, 74 , 75 . decision of, not to be written out seriatim, 75 . law of taking cases to, amended, 75 . Supeirior Court, Judges of, to hold adjouned terms, 85 , 86 . actions, proceedings therein c, debts against Corporations, how sued on, 86 . auditors may be appointed, 68-87 . certiorari extended to possessory warrants, 87 . service on non- residents in sci, fa., 87 . certiorari time for obtaining shortened, 88 . Execution, may issue immediately after judgment, 89 . Interest, allowed on open accounts, 90 . Lien, rule absolute to bind property, 90 , 91 . Courts of Special Jurisdiction, city court of Savannah. parts of act of 1857, repealed, 91 . clk's fees in, 91 , 92 . JURORS. general provisions for payment of, 102 . see also each county by name, in index, for pay of, JUSTICES COURTS, may be adjourned from day to day, or may be held two days when business requires it, 92 . act of 20th Feb. 1854, extended to, 93 . pleadings in, 93 . JUSTICES OF THE PEACE, may qualify before one Justice of the Inferior Court, 93 . K. KINGSTON PRESBYTERIAN CHURCH. incorporated, 124 . KNIGHT, BENJAMIN, pardon of, 176 . L. LAFAYETTE, additional powers given to town commissioners of, 140 . LAND, administrators, c., may sell at private sale wild and scattered lands, 56 .

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head right grants to, in Washington co. not to be issued, 94 , 95 . index to colonial and head right grants to, to be paid for, 94 . LAWS, provisions for codification of, 95 , 96 . tax laws to be digested, 106 . LEE COUNTY, certain extra tax heretofore levied and collected in, legalized, 184 . act of March 1st, 1856, amended, 184 , 185 . LIBERTY COUNTY, excepted in act repealing act of 22d December, 1857, 7 . line between McIntosh and, established, 41 , 42 . LIEN. rule absolute to bind property of officer, 90 . officer to have control of fi. fa. when paid off under rule against him, 90 . LINCOLN COUNTY, board of education in, established, 112 , 113 . retal license in, 161 . LONGSTEET, JAMES C., (DEC'D.) provisions for sale of lands and negroes of estate, 166 , 167 . LOTTERIES, tax on managers of, 104 . payment of tax on, how enforced, 104 . agents of unauthorized, to be fined $100 for each sale of tickets in, 104 . all to be abolished in this State after 1st June, 1860, 96 . LUMPKIN, town authorities of, not to control road hands of, 130 . LUMPKIN COUNTY, Sup'r Court when held in, 80. Sup'r Court in, may be held two weeks, 80 . jurors how drawn for second week of Superior Court in, 80 . act in relation to school system in, 114 . LUNATIC ASYLUM, salary of Superintendent and Resident Physician of, 12 . duties of Sup't and Res'dt Physician of, 12 , 13 . trustees of, pay to, 12 . pauper patients of, support, 12 . patients from other States, 13 . appropriation for building wall around, c., 17 . appropriation to pay for completing buildings of, 18 . appropriation to pay building commissioners of, 18 . M. MACON, act of 22 December, 1857, amended, 141 . appointment of city sexton, 143 . MACON COUNTY, line between Sumter county and changed, 45 . MACON INSURANCE CO., charter of, amended, 73 , 74 . MADISON COUNTY, academy buildings, c., in, may be sold, 114 . construction of act of 6th March 1857, 115 . moneys arising from such sale, how disposed of, 115 . certain moneys to be collected by the Inferior Court of, 116 , 117 . how such moneys to be disposed of, 117 . MANSLAUGHTER, penalty for voluntary, increased' 99 . MARIETTA, marshal of, to be elected by city council, 141 . MARION COUNTY, line between Schley county and, changed, 45 . road hands in, to work on one day's notice, 183 .

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retail license in, 159 , 160 . MARSHALL COLLEGE. act incorporating, amended, 118 . MASONS, FREE AND ACCEPTED, Lodges of, incorporated, Hudson lodge, No. 208, Putnam county, 120 , 121 . Altamaha lodge, No. 227, McIntosh county, 121 . Butler lode, No. 211, Berrien co., 122 . Gaulding lodge, No. 215, Fayette county, 123 . Phi Delta lodge, No. 148, Franklin county, 123 . Carnesville lodge, No. 186, Franklin county, 123 . MASSEY, JOHN N. W., act for relief of, 177 , 178 . MASTERS, SAML. C., residence of, to be included in DeKalb county, 40 . MATHEWS, WM. E. relief of, 179 . McARTHER, DAVID, residence of, to be included in Pickens county, 44 . McCRAVEY, D. S., residence of, to be included in Pickens county, 44 . McCRAVEY, LEROY. residence of to be included in Pickens county, 44 . McINTOSH COUNTY, line between Liberty and, estabiished, 41 . 42 . excepted from provisions of act repealing act of 22d Dec., 1857, 7 . Altamaha lodge in incorporated, 121 . road hands in to work on one day's notice, 183 . McWHORTER, ALLEN, (DEC'D.,) estate of may be administered on by J. L. Woodward, Jr., and J. H. Bivins, 186 . MECHANICS INDEPENDENT FIRE CO., allowed forty additional exemptions from jury duty, 173 . MERCHANTS AND MECHANICS INSURANCE CO., act incorporating, 137 , 138 . MERIWETHER COUNTY, road hands in to work on one day's notice, 183 . METHODIST E. CHURCH AT PROSPECT. act incorporating, 124 . MILLEDGEVILLE, act of 22d December, 1857, repealed, 125 . MILLER COUNTY, line between Early county and, changed, 42 . road hands in to work on roads on one day's notice, 183 . camp hunting in. 163 . MILITARY FUND, $1,000 appropriation for, 12 . MILITARY STORE-KEEPERS, at Milledgeville, pay to, 12 . at Savannah, pay to, 12 . MINORS, contracts of, except for necessaries, void, 58 . MITCHELL COUNTY, Superior Court when held in, 82 . offices of Clerk Superior and Inferior Courts in, to be consolidated, 154 . retail license in, outside of Camilla, 160 . MOCCASIN TURN1'IKE COMPANY, act incorporating, amended, 68 . MONROE, act incorporating amended, 151 , 152 . MONROE COUNTY, road hands in to work on roads on one day's notice, 183 . MONTGOMERY COUNTY, line between Tattnall county and, to be re-surveyed, 40 . MONTICELLO, charter of, amended, 130 . MUD CKEEK BAPTIST CAMP GROUND, act incorporating, 121 .

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MUSCOGEE COUNTY, Superior Court when held in, 82 . Inferior Court when held in, 83 . N NAMES CHANGED, act of 6th March, 1856, amended, 97 . NEWNAN GUARDS, incorporated, and privileges granted to, 170 , 171 . O OATH, of Tax Collectors, 104 . of Receivers of Tax Returns, 103 . of Tax payers, 105 . OGLETHORPE COUNTY, road hands in, must work on roads on one day's notice, 183 . OGLETHORPE LIGHT INFANTRY, incorporated, 175 . certain privileges of to be enjoyed by other infantry corps of Savannah, 175 . ORDINARIES, duties of, as to educational fund, 49 , 50 , 51 . may order wild and scattered lands sold at private sale by executors, administrators, c., 56 . may issue cost fi. fas., 57 . see also Administrators, Executors, Ordinaries, c., in index. ORPHANS, see Administrators, Executors, c., in index. P PARDONS, Benjamin Kuight, pardoned, 176 . Burton A. Brooks, pardoned, 176 . PATAULA CIRCUIT, next election for Judge in, to be held on first Monday in January, 1859 , 52 . Quitman county to be embraced in, 29 . PAULDING COUNTY, road hands in, to work on roads on one day's notice, 183 . PENAL CODE, 14th section of 5th division of, amended, 98 . penalty for burglary, in the night, increased, 98 . 2d section of 6th division of, amended, 98 , 99 . penalty for robbery, increased, 98 , 99 . 5th section of 14th division of, amended, 99 . joint offenders may be tried separately, 99 . an acquittal of one, not an acquittal of others, 99 . continuance by one, not a continuance for others, 99 . 8th section of 4th division, amended, 99 . penalty for voluntary manslaughter, increased, 99 . act for protection of religious societies, 100 . PENAL LAWS, see penal code, in index. PENFIELD BRANCH RAILROAD COMPANY, act incorporating, 67 . PENITENTIARY, appropriation for repair of, 10 . appropriation to pay chaplain of, 12 . appropriation to buy provisions for, 13 . PHI DELTA LODGE, act incorporating, 123 . PHYSICIANS, testimony of, may be taken by interrogatories, 54 . PICKENS COUNTY, line between Gilmer county and, changed, 44 . road hands in, to work roads on one day's notice, 183 . extra tax in, to pay for Court-House in, 190 .

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act of March 6th, 1856, repealed as to, 185 . PIERCE COUNTY, line between Ware county and, changed, 42 , 43 . lines between Pierce, Appling and Wayne counties to be surveyed, 44 , 45 . offices of Tax Collector and Receiver in, consolidated, 155 . PIKE COUNTY. road hands in, to work on roads on one day's notice, 183 . PLEADINGS, act of 20th February, 1854, extended to Justices' Courts, 93 . POLK COUNTY, act of 8th February, 1854, revived, 148 . commissioners of Cedar Town in, to be elected, their powers, c., 148 . POOR, provision for in Hancock county, 190 . provision for in Dade, 185 . provision for in Haralson county, 186 , 187 . POSSESSORY WARRANT, writ of certiorari will lie in case of, 87 . PRACTICE, act of 20th February, 1854, extended to Justices' Courts, 93 . joint offenders may be tried separately, 99 . acquittal of one not acquittal of others, 99 . PRINTING FUND. $15,000 appropriated for, 12 . PUBLIC DEBT, provisions made for paying, 51 . sinking fund, 51 . Treasurer to sign coupons to old 6 per cent. bonds, 101 . Treasurer may issue new bonds in lieu of old ones, 191 . PULASKI COUNTY, extra tax in, to pay for a new Court House and jail in, 188 . PUTNAM COUNTY, Hudson Lodge in, incorporated, 120 , 121 . Q. QUITMAN COUNTY, laid out from Stewart and Randolph, 28 . attached to 2d Congressional and Pataula Judicial dists., 29 . attached to 13th Div. and 2d Brig. G. M., 29 . Supr. Courts held in, 3d Mon. in May and Nov., 30 . Inf. Courts held in, 2d Mon. in Feb. and Aug., 30 . R. RABUN COUNTY, Act in relation to poor school system in, 114 . road hands in, to work on roads on one day's notice, 183 . RECEIVERS OF TAX RETURNS, See Tax in index, REESE, WM. M., adm'r on estate of T. Jones, dec'd. may keep estate together, c. 169 . REESE, W. M., pay for books, 9 . REID, JOHN W. adm'r on estate of S. B. Daniel, dec'd., may invest profits of estate in real estate, 168 . RELIEF, Of the following persons: John Needham W. Massey, 177 . John Green and Rebecca Green, 178 . Lovered Bryan, 178 . Jacob and Sarah A. Weaver, 179 . Wm. E. Mathews, J. P., 179 . M. Varner, 179 . John Woodall, (estate of,) 180 . James M. Harris, 180 . Samuel Bryan, 180 . E. Stafford, 180 .

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RELIGIOUS SOCIETIES, Act for protection of, 100 . RETAIL LICENSE, See each county by name in index, for local Act. RICHMOND COUNTY, Supr. Ct. when held in, 82 . fees of tax collector and receiver of tax returns in, 155 . guardians, c. in, may invest trust funds in bonds of city Council of Augusta in, 165 . ROADS, BRIDGES AND FERRIES. Acts in relation to, for the following counties, alphabetically arranged, viz: Baker, 183 . Bibb, 182, 183 . Butts, 183 . Calhoun, 183 . Camden, 181 . Carroll, 182 . Catoosa, 183 . Cherokee, 182 . Clarke, 183 . Cobb, 183 . Colquitt, 183 . Coweta, 183 . Crawford, 183 . Dade, 183 . Early, 183 . Elbert, 183 . Fannin, 183 . Floyd, 183 . Franklin, 183 . Gordon, 182, 183 . Habersham, 183 . Hancock, 183 . Henry, 183 . Houston, 183 . Marion, 183 . McIntosh, 183 . Meriwether, 183 . Miller, 183 . Monroe, 183 . Oglethorpe, 183 . Paulding, 183 . Pickens, 183 . Pike, 183 . Rabun, 183 . Taliaferro, 183 . Taylor, 183 . Thomas, 183 . Union, 183 . Ware, 183 . Wayne, 183 . White, 183 . Wilkinson, 183 . ROBBERY, penalty for, increased, 98 , 99 . RULE ABSOLUTE, to bind property of officer, like judgment, 90 . officer paying off fi. fa. under, to have control of fi. fa., 90 . S. SAVANNAH, certain provisions of Act of 8th Dec. 1849, repealed, 126 . 7th, 8th, and 14th sections of said Act, repealed, 126 . registry of names of voters in, 126 . registry fee of $1, to be in lieu of poll tax, 126 . registry list, how used and disposed of, 127 . system of drainage in, 129 . Act of 1857, in relation to, amended, 91, 92 . fees of Clerk of city of, 92 . certain privileges granted to Oglethorpe Light Infantry of, to be enjoyed by other infantry corps in, 175 . SAVANNAH FLOUR MILL CO. Act incorporating, 120 . SCHLEY COUNTY, line between Marion county and, changed, 45 . Supr. and Infr. Courts when held in, 85 . SCHOOL TEACHERS, testimony of, may be taken by interrogatories, 54 . must be examined by board of examiners before they can be paid out educational fund, 51 . duty of, in furnishing statistical information to Ordinary, 50 .

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SCRIVEN COUNTY, Supr. Court when held in, 82 . SINKING FUND, provisions made for, 51 . SMITH, M. R., residence of, to be included in Macon county, 45 . SOUTHERN RIGHTS CONVENTION. appropriation to pay delegates to, 16 . SPARTA, additional powers to town au-authorities of, 143 144 . SPEAR, A. M., appropriation to, 14 . SPRINGER, c., MINING CO., act incorporating, 71 . STAFFORD, E., relief of, 180 . STAFFORD, JAMES, residence of, to be included in Wayne county, 42 . STANDIFER, ARCHIBALD, appropriation to, 16 . STATE BONDS, to be taken up and others issued to augment educational fund, 51 . Treasurer may sign coupons on old 6 per cents, 101 . he may issue new, in their stead, 101 , STATE HOUSE GUARDS, appropriation to pay, 13 . STATE HOUSE OFFICERS, appropriation to pay salaries of, 11 . STATE LIBRARIAN, appropriation to pay salary of, 13 . STATE LIBRARY, appropriation to increase, 13 . STATE TREASURER, to make certain advances, 9 . to sign coupons on old 6 per cent State bonds, or issue new bonds, 101 . STEWART COUNTY, retail license in, 160 . ST. MARYS, act amending charter of, 141, 142 , SUMTER COUNTY, line between Macon county and, changed, 45 . Sup'r and Inf'r Courts when held in, 81 . SUPERIOR AND INF`R COURTS, Appling county, Inferior Court when held in, 85 . Baldwin county, Inferior Court when held in, 81 . Baker county, Superior court when held in, 82 . Banks county, Superior court when held in, 31 . Inferior court when held in, 31 . Brooks county, Inferior court when held in, 37 . Superior court when held in, 37 . Burke county, Superior court when held in, 82 . Charlton county, Inferior court when held in, 79 . Chattahoochee county, Superior court when held in, 81 . Cherokee county, Inferior court when held in, 80 . Clayton county, Inferior court when held in, 28 . Superior court when held in, 28 . Clinch county, Inferior court when held in, 78 . Columbia county, Superior court when held in, 82 . Dougherty county, Superior court when held in, 83 . Echols county, Superior court when held in, 39 . Inferior court when held in, 40 . Emanuel county, Superior court when held in, 82 . Forsyth county, Inferior court when held in, 79 . Glasscock county, Superior court when held in, 78 . Gordon county, Inferior court when held in, 79 . Heard county. Inferior court when held in, 83 . Superior court when held in, 83 .

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Jefferson county, Superior court when held in, 82 . Johnson county, Superior court when held in, 34 . Inferior court when held in, 34 . Lumpkin county, Superior court when held in, 80 . Mitchell county, Superior court when held in, 82 . Muscogee county, Superior court when held in, 82 . Inferior court when held in, 83 . Quitman county, Inferior court when held in, 30 . Superior court when held in, 30 . Richmond county, Superior court when held in, 82 . Schley county, Superior court when held in, 85 . Inferior court when held in, 85 . Screven county, Superior court when held in, 82 . Sumter county, Superior court when held in, 81 . Inferior court when held in, 81 . Terrell county, Superior court when held in, 82 . Walker county, Inferior court when held in, 80 . Ware county, Inferior court when held in, 85 . Washington county, Superior court when held in, 82 . Webster county, Superior court when held in, 82 . Wayne county, Superior court when held in, 78 . Inferior court when held in, 78 . adjourned terms of Sup'r courts to be held till dockets be cleared, 85 . juries how summoned for such adjourned terms, 86 . clerks of, to issue certificates to jurors, 102 . SUPREME COURT, Judges of appropriation for salaries of, 9 , 11 . decisions of by full bench, not to be reversed, 74 , 75 . decisions of, not to be written out seriatim, 75 . certain cases how carried up to, 75 . T. TALIAFERRO COUNTY, sessions of Sup'r court in, held in 1858, legalized, 79 . road hands in, to work on roads on one day's notice, 183 . TATTNALL COUNTY, line between Montgomery and, to be re-surveyed, 40 , line between Emanuel and, to be re-surveyed, 40 . TAX. act of the 27th February, 1856, amended, 102 , clerks to issue certificates of service to jurors, 102 . such certificates to be as warrants on county treasury, 102 . Receivers of Tax Returns, to assess value of property in certain cases, 103 . additional oath of, 103 . Tax Collectors, must search out default polls, professions, free persons of color, and other default property, 104 . must enter same in a book, 104 . must double tax such, 104 . must dedact double commissions on such, 104 . must deposit copy of such book with Comptroller Gen'l, 104 . oath of, 104 . Lotteries and Managers of Lotteries. tax on $1,000, 104 . payment of tax on, how enforced, 104 . agents of unauthorized lotteries, to be fined $100, for each sale of tickets, 104 . Foreign Insurance Companies, agent of to pay tax of 1 per cent on premiums, 104 .

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on failure to pay, how payment enforced, 105 . Agencies of Foreign Banks. payment of tax on, how enforced, 105 . what property subject to taxation, 105 . oath of tax payers, 105 . Railroad Companies, how they shall pay their taxes, 105 . penalty for failure, 105 . Express Companies, tax on, and how collected, 105 , 106 . Compt. Gen. with consent of Gov. to employ counsel, 106 . tax laws to be digested, 106 . eopies of digest to be furnished to collectors and receivers, 106 . Extr tax may be assessed by the Inferior Courts, in the following counties, via; Bryan, 188 , 189 . Cass, 191 . Clarke, 186 . Crawford, 191 . Dade, 185 . Dawson, 188 , 189 . Emanuel, 189 . Hancock, 190 . Haralson, 186 , 187 . Heard, 187 . Jefferson, 186 . Lee, 184 , 185 . Pickens, 190 . Pulaski, 188 . Washington, 187 . Worth, 191 . act authoring pay to jurors in Pickens co., repealed, 185 , TAX COLLECTORS, see TAX, in index. TAX DIGEST, authorized to be made, 106 . to be furnished taxcollectors and receivers, 106 . to be turned over to successors or paid for, 106 . TAX PAYER, oath of, 105 . TAX RECEIVERS, see TAX, in index, TAYLOR COUNTY, road hands in, to work roads on one day's notice, 183 . TERHUNE, W. B. pay to, as secretary to commissioner on W. A. R. R., 16 . TERRELL COUNTY, superior court when held in, 82 . board of education established in, 113 . THOMAS COUNTY, Union academy in, incorporated, 116 . road hands in to work on roads on one day's notice, 183 . TOBACCO, inspection of in Canton, 162 . TREASURER, of State, to make certain advances, 9 . to sign coupons of old 6 per cent State Bonds, 101 . TRENTON ACADEMY, further provision for sale of, 111 . new trustee appointed for, 111 . TROUP COUNTY, acts of Ordinary of, legalized, 165 . land and negroes of estate of J. M. Potts deceased, how sold, 166 . TURNER, ALLEN, S. residence of, to be included in Hart county, 41 . TURNPIKE COMPANIES, Moccasin Turnpike Company, act incorporating, amended, 68 . U. UNION ACADEMY, act incorporating, 116 . UNION COUNTY, road hands in, must work roads on one day's notice, 183 . UNIVERSITY OF GEORGIA, Gov. to be President of Board of Trustees of, 107 .

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in absence of Gov. oldest member of Board to be President, 107 . no member of faculty to be a Trustee, 107 . V. VARNER, M. relieved of double tax, 179 . VOLUNTEER COMPANIES, for acts incorporating, see CORPORATIONS, and each Company, by name, in index. W. WALKER COUNTY, Inferior court when held in, 80 . patrol laws changed for, 161 , 162 . WALTHOURVILLE, Presbyterian Church of, incorporated, 119 . WARE COUNTY, line between Pierce county and, changed, 42 , 43 . Inferior court when held in, 85 . road hands in, to work on one day's notice, 183 . WARESBORO, act incorporating, 145 , 146 , 147 . WARREN COUNTY, pay to constables of, for attendance on Superior and Inferior courts in, 155 , 156 . WASHINGTON COUNTY, extra tax in, to build jail, 187 . Superior courts when held in, 82 . head right grants not to issue hereafter for lands in, 94 , 95 . WASHINGTON INSTITUTE, act incorporating, 109 . acts of executive com. of, ratified, 110 . WASHINGTON RIFLES, incorporated, 171 . WAYNE COUNTY, line between Glynn county and, changed, 42 . Surveyor to be appointed to survey line between Wayne, Appling and Pierce cos., 44 , 45 . Superior and Inferior courts when held in, 78 . road hands in, to work on one day's notice, 183 . WEAVER, JACOB AND SARAH A, relief of, 179 . WEBSTER COUNTY, Superior court when held in, 82 . officers of clk. Sup. . Inf. ets. in, to be consolidated, 154 . WEIGHTS AND MEASURES, $10,000, appropriated to purchase standards of, 14 . WESTERN ATLANTIC RAILROAD, pay to com. investigating affairs of, in 1858, 16 . act for the better government of, 62 , 63 , 64 . WHITE COUNTY, line between Habersham county and, changed, 45 road hands in, to work on one day's notice, 183 . hydraulic process of Mining in, 157 . WHITFIELD COUNTY, feloniously cutting c., timber in, a misdemeanor, 162 . WILCOX COUNTY, line between Pulaski county and, changed, 46 . certain lots of land added to, from Irwin county, 134 . price of retail license in, to be $100, 158 . WILKINSON COUNTY, road hands in, to work on one day's notice, 167 . WILL, of Curtis G. Gray, deceased, established, 167 . WILLS VALLEY R. R. COMPANY, may issue orders for work done c., 65 .

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WODALL, JOHN, (ESTATE OF,) released from payment of certain note, 180 . WOODWARD, JOHN L. and J. H. Bivins may administer on estate of Allen McWalker, deceased, 186 . WORTH COUNTY, line between Dougherty county and, changed, 43 . line between Irwin county and, changed, 43 . offices of tax collector and receiver in, separated, 153 , 155 . extra tax in, to pay co. debt, 191 . WRIT, of error, what shall constitute and how obtained, in case of absence, death or sickness of presiding Judge, 75 . of certiorari, will he in Possessory Warrant case, 87 . of certiorari, time reduced to three months for suing out, 88 . Y. YAHOOLA, C., MINING COMPANY, act incorporating, 72 , 73 .

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INDEX TO RESOLUTIONS. A ADJOURNMENT, of General Assembly, 201 . ARMORY, (National,) to be establish in Ga., 202 . B. BANK OF STATE OF GEORGIA, election of director of, 201 . BOOKS, new edition of Cobb's Analysis and Forms, 195 . Gov. to subscribe for, 196 . price not to exceed $5 per vol. 196 . BOUNTY LANDS, resolution in reference to obtaining, 195 . C. COBB, HOWELL, new edition of his Analysis and Forms, 195 , 196 . CODIFICATION OF LAWS OF GEORGIA, election of codifiers of, 203 . COLUMBUS, relinquishment by State of title to square of land in, 202 . D DIRECTOR, election of for State Bank, 201 . E ELIJAY RAILROAD CO., to have old rails from State Road, 194 . ETOWAH AND CANTON RAILROAD CO., to have old rails from State Road, 194 . G GENERAL ASSEMBLY, no new matter to be introduced after 1st December, 200 . adjournment of, 201 . Divine service before, on Thanks-giving day, 201 . pay and mileage of officers and members of, to be set forth in Treasurer's annual report, 197 . GEORGIA MILITARY INSTITUTE, additional Professor in, 201 , 202 . GREEN, JAMES A., to have use of old Trezevant claim papers, 194 . if he collects nothing, to have no ay, 1, 95 . his commissions to be 25 per cent on all collected, 195 . J. JACKSON, GEN. JAMES, portrait of to be painted and placed in Executive Department, 197 . JONES, HON. JESSE M., death of, 200 .

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JULIEN, HON. GEORGE H., death of, 200 . L. LANDS, square of in Columbus, title to relinquished by State, 202 . LAWS OF GEORGIA, Election of codifiers of, 202 . LEGISLATURE, no new matter to be introduced after 1st December, 200 . per diem and mileage pay to members and officers of, to be set forth in annual report of State Treasurer, 197 . adjournment of, 201 . M MAIL ROUTES, tri-weekly hack line from Canton to Dawsonville, 196 . four horse coach line from Atlanta to Dahlonega, 196 . semi-weekly hack line from Canton to Elijay, 199 . weekly horse mail from Eden to Harvillville, 199 . tri-weekly hack line from Dahlonega to Clarkesville, 202 . MILITARY INSTITUTE, additional Professor in, 201 , 202 . MOORE, HON. JACOB W., death of, 200 , 201 . N. NAVAL DEPOT, on Blythe Island to procure establishment of, 203 . NEW MATTER, not to be introduced in either House, after 1st December, 200 . P PER DIEM, and mileage pay to members and officers of present Legislature, 197 . PINE BELT, in Georgia, resolution in reference to, 198 . PORTRAIT, of Gen. James Jackson to be painted and placed in Executive Department, 197 . S. T. SCHLEY, EX-GOVERNOR WILLIAM, death of, 193 . THANKSGIVING, resolution in reference to, 201 . TREASURER, (STATE,) must set forth in his report the per diem and mileage paid to each member and officer of last session, 197 . TREZEVANT, PETER, papers in old claims of, to be handed over to J.A. Green, 194 . W WESTERN AND ATLANTIC RAILROAD, certain bonds of agents of, to be sued, on, 194 . old rails of, to be loaned to Etowah and Canton Railroad Company, 194 . old rails of, to be loaned to Elijay Railroad Company, 194 . freight on iron manufactured in Georgia, to be reduced, 197 . sideling on, to be constructed in Cass co., 197 . WARS, moneys expended by Georgia for services in certain, resolution to obtain reimbursements from General Government, 195 .