Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia MILLEDGEVILLE:: S. F. GRANTLAND, 18161100 English

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT MILLEDGEVILLE At an Annual Session, IN NOVEMBER AND DECEMBER, 1816. 18161100 18161200 PUBLISHED BY AUTHORITY. MILLEDGEVILLE: PRINTED BY S. F. GRANTLAND, STATE PRINTERS. 1816.

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GIORGIA, PASSED IN NOVEMBER AND DECEMBER, 1816. AN ACT To prevent the circulation of notes emitted by unchartered Banks, and the issuing of due bills of certain descriptions, and to compel the Chartered Banks of this state, to resume specie payments, whenever the Bank of the United States and the Banks of the adjacent States, shall commence specie payments; and also to require of them, to redeem their notes under five dollars with specie or change-bills issued by some one of said Chartered Banks. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall not be lawful for any Association or Company of persons within this state, not having a charter incorporating such Association or Company, and vesting them with authority to deal or trade as a Bank, to issue or cause to be issued, put into circulation or cause to be put into circulation,

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any engraved note or bill, intended to represent a Bank note, for the sum of two dollars or for any greater sum, whether payable to bearer or order, or made payable in any other manner. And it shall be lawful for any person holding any such engraved note or bill, issued after the passage of this act, to recover thereupon, from the person or persons issuing or signing the same, on warrant or summons before a Justice of the Peace, or by suit in any court of law of this state having jurisdiction thereof, twenty-five per centum over and above the full amount for which such engraved note or bill may be given. And whereas, a practice pernicious to the community has prevailed with Corporate Bodies, Companies and individuals in this state, of putting in circulation small notes or due-bills, to supply the deficiency of change; which pernicious practice is calculated to defeat the object it proposes to remedy, by expelling from circulation the small coins, and is productive of other serious evilsfor remedy whereof; 2. Be it enacted by the authority aforesaid, That if any person or persons, body politic or corporate, (other than the incorporated Banks of this state,) shall after the passage of this act, issue or cause to be issued, put into circulation or cause to be put into circulation, any engraved or printed note, due-bill, ticket or change bill, evidencing or intended to evidence, that any sum less than two dollars is due, or will be paid, to any person receiving or holding such engraved or printed note, due bill, ticket or change-bill, or to any other person, it shall be lawful for any person holding such engraved or printed note, due-bill, ticket or change bill, to recover thereupon three times the amount thereof, either from the person or persons, Company, Body politic or corporate who shall put into circulation, or cause to be put into circulation, such engraved or printed note, due-bill, ticket or change bill, or from any person who may have signed or counter-signed the same. Such recovery to he had by warrant or summons before a Justice of the Peace; and on the trial of every such warrant, or summons, if the note, due-bill,

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ticket or change-bill, be in part or in whole engraved or printed, it shall be conclusive evidence of an intention to violate this act. 3. And be it further enacted, That where such printed or engraved notes, due-bills, tickets or change bills have heretofore been issued within this state, for any amount less than two dollars each, it shall be the duty of the person or persons, body politic or corporat, (other than the incorporated Banks) issuing or signing the same, to make due return upon oath, on or before the first day of June next, to the Receiver of Tax-Returns of their respective counties, of the amount of such notes, due-bills, tickets, or change-bills, in circulation (to the best of their knowledge) at the time of making said return; and shall pay to the Tax-Collector of the proper county 20 per centum on the amount aforesaid. And on failure to make such return as is herein required, the person or persons, Company, Body Politic or Corporate so neglecting, shall forfeit and pay the sum of five hundred dollars, for the use of this state; to be recovered as is prescribed in cases of executions issued by Tax Collectors of this state; which executions may be issued against and levied on the individual property of any or all the parties concerned. And it shall moreover be lawful for any person holding the note, due bill, ticket or change bill of any person or persons, Company, Body Politic or Corporate so taxed, who may have omitted to make the return on oath to the Tax-Receiver as required by this act, to recover by warrant or summons before a Justice of the Peace from the person or persons, Company, Body Politic or Corporate, who have issued or signed such note, due-bill, ticket or change bill, treble the amount thereof; Provided, that where the same notes, due bills, tickets or change bills, have been signed or issued by different persons, the faithful return of the amount in circulation, and the payment of the tax by either of the signers or issuers, shall exonerate all other persons concerned in signing, or [Illegible Text], such particular parcel of notes, due-bills, [Illegible Text] or change-bills from the penalties imposed by this act against those neglecting to

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make return of the notes, due-bills, tickets or changebills, subject to taxation. 4. And be it further enacted, That the incorporated Banks of this state be, and they are hereby required to pay specie for their notes in circulation, whenever the Banks of the United States, and the Banks of the adjacent states, shall commence specie payments; and for the parpose of [Illegible Text] in the mean time, a proper circulating medium of change, it is hereby required of the several incorporated Banks in this state to pay, after the 20th February next, all notes issued by them under the amount of five dollars in specie, or in small bills issued by some one of said incorporated Banks under the amount of one dollar, whenever any person presenting notes of the [Illegible Text] first aforesaid, shall demand changeand on failure of either of the incorporated Banks of this state to pay [Illegible Text] for their notes, when the Bank of the United States and the Banks of the adjoining states shall commence specie payments; or on their refusal or the [Illegible Text] of any one of them, to pay out small change as aforesaid, it shall be lawful for any person holding the notes of either of said Banks, for which such payment is refused, to have said notes protested for non-payment before a Notary Public, and to [Illegible Text] interest on the same from the date of such protest until paid in specie or small change, as the case may be, at and after the rate of twenty-five per centum per annum. BENJ WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCELL, Governor. Assented to, 19th December, 1816. AN ACT To after and amend the several Estray laws now in force in this state. 1. BE it enacted by the Senate and House of Representatives

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of the State of Georgia, in General Assembly met, and it is hereby enacted by the [Illegible Text] of the same, That from and after the 1st day of March [Illegible Text] it shall be the duty of the Clerks of the Inferior courts of this state respectively within ten days after they or either of them may have received from any Justice of the Peace (of the county for which he is the Clerk) before whom any estray horse, mare, colt, gelding, filly, ass or [Illegible Text] may have been posted, in [Illegible Text] with the Estray law now in force in this state, a description of such estrayed horse, mare, colt, gelding, filly, ass or mule, to advertise such estray or estrays according to the description thereof, which he may have received as aforesaid, in the Georgia Journal, Augusta [Illegible Text] or Savannah Republican, and the proprietors of said papers shall receive as compensation for the publication of each such estray, the sum of one dollar and fifty cents. 2. And be it further enacted, That the said Clerks respectively, shall be authorised to pay out of the monies arising from the sales of estrays, the expence incurred for such adsertisement or advertisements, unless it should so happen that the owner, or owners, of such estray or estrays may prove them or either of them away previous to salethen and in that case, it shall be the duty of such Clerk to demand and receive of the owner, or owners, of such estray or estrays, the full amount of the expences incurred for such advertisement or advertisements previous to the delivery of such estray or estrays. 3. And be it further enacted, That the Clerks of the Inferior courts aforesaid, shall be entitled to the sum of 50 cents for transmiting the description of said estrays, from the owners if proven away, or from the proceeds of the sale of such estray, if sold. 4. And be it further enacted, That in all cases where expences have been incurred, arising under this act, by advertising such estray or estrays, it shall be the duty of the said Clerks respectively, to remunerate such expence out of the money arising from the sale of such estrays; and it shall be the duty of all such Clerks to keep a fair and regular book of entry of all such expenditures, to

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exhibit to the Inferior courts of their counties respectively, upon application. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 4th December, 1816. AN ACT To [Illegible Text] the times of holding the Superior Courts of the Middle Circuit in this State. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the end of the present Circuit of the Superior Courts in the Middle Circuit of this State, the said Superior Courts shall be holden as follows: SPRING CIRCUIT. On the third Monday in February, in the county of Jefferson; on the fourth Monday in February, in the county of Warren; on the first Monday in March, in the county of Columbia; on the second Monday in March, in the county of [Illegible Text] on the third Monday in March in the county of Burke; on the fourth Monday in March, in the county of Washington; on the Monday thereafter in the county of Montgomery; on the Monday thereafter in the county of Tatnall; on the Monday thereafter, in the county of Emanuel; and on the first Monday in June, in the county of Richmond. FALL CIRCUIT. On the third Monday in August, in the county of [Illegible Text] on the fourth Monday in August in the county of Warren; on the first Monday in September in the county of Columbia; on the second Monday in September, in the county of [Illegible Text] on the third Monday in September, in the county of Burke; on the fourth Monday

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in September, in the county of Washington: On the Monday thereafter, in the county of Montgomery: On the Monday thereafter, in the county of Tatnall; On the Friday thereafter, in the county of Emanuel: and, on the second Monday in January, in the county of Richmond. 2. And be it further enacted by the authority aforesaid, That all writs, suits, recognizance, together with all other matter and things which may have been made returnable to the days heretofore appointed for holding the said Courts, shall be made returnable as herein pointed out, any law, usage or custom to the contrary notwithstanding. 3. And be it further enacted by the authority [Illegible Text] That all laws or parts of laws, militating [Illegible Text] this act, be and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT To provide for taking the Census of this State, as required by the Constitution. BE it enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That it shall be the duty of the Justices of the Inferior court, or any three of them, in each county respectively, in ninety days after the adjournment of this Legislature, to appoint one or more persons in each county, that is to say, one person in each Battalion, that may be in the respective counties, whose duty it shall be to take a full and accurate Census or enumeration of all free white persons and people of color residing therein, distinguishing in separate columns, the free white persons from the persons of color, and return the same to the Clerks of the Superior courts of the several counties, certified

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under their hands, on or before the first day of October nextthe persons so appointed being first severally sworn before the said Justices, or either of them; duly and faithfully to perform the trust reposed in them, and it shall be the duty of the said Clerks to transmit all such returns to His Excellency the Governor, on or before the first Monday in November next, to be by him laid before the Legislature; and it shall he the duty of the Legislature then in session, to apportion the members of the House of Representatives among the several counties, agreeable to the plan described by the Constitution. 2. And be it further enacted, That in case the Justices of the Inferior courts shall fail to appoint persons to take the enumeration within the period of ninety days after the adjournment of the Legislature, that then the Justices of the Peace, or any three of them, shall have and exercise like powers respecting the said Census; and if the Census or enumeration of any county, shall not be so taken and returned, then and in that case such county shall be entitled to one representative only. 3. And be it further enacted by the authority aforesaid, That all persons appointed to take the Census in this state as required by this act, are hereby authorized to administer an oath to all heads of families or any other person when they are about to give in the number of their families, that they shall not give in any more than they actually have; and no person shall be considered as a part of a family that does not actually reside and board with the person so giving them in at the time they make the return, and no return shall be taken only on oath. 4. And be it further enacted, That the persons appointed to take the Census or enumeration, shall receive the sum of twelve and a half cents for each family so taken and enumerated. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816.

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AN ACT To prohibit Slaves from selling certain commodities therein mentioned. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of January next, if any person or persons shall buy or receive from any slave or slaves, any Money, Cotton, Tobacco, Wheat, Rye, Oats or Corn, without a ticket authorising such slave or slaves, to dispose of such money, specially specifying the sum so intended to be laid out, the quantity of Cotton, Tobacco, Wheat, Rye, Oats or Corn, which such slave or slaves may intend to dispose of, from his, [Illegible Text] their owner or overseer or overseers, as the case may be, such person or persons so offending, shall forfeit and pay to the informer on conviction thereof, before any one or more [Illegible Text] of the Peace, of the district where such crime was committed, or of the county wherein such district may be, the sum of fifteen dollars, and to one of the presiding Justices of the Peace, upon such trial the further sum of fifteen dollars, to be recovered by execution and sale in the usual and summary way of Justices Courts together with all legal cost for county purposes, or for the use of the poor of the county where such offence may have been committed, under the direction of the Inferior Court of each county, where such offence was committed; provided nevertheless, that where either party may feel themselves agrieved, they or either of them, shall be entitled to anappeal to a Jury of said district, which trial, and after proceeding, shall be held and conducted in the same way and manner as other appeal cases are conducted before Justices of the Peace. 2. And be it further enacted, That if any person, or persons, shall purchase any of the aforesaid articles, from any slave, or slaves, with or without a lawful ticket, after sun-set, and before sun rise, or on the Sabath day, he, she or they, shall be held, deemed and

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ces at the next Superior Court, to be holden in the county where the offence was committed, and on failing to give such security, shall be committed to Jail; at which Court, the Attorney or Solicitor General shall prefer a [Illegible Text] of indictment against the party so offending, who shall, if convicted, be fined by the Court the sum of Five Hundred Dollars, for each and every violation of this law, and the party shall stand committed until the fine, or fines, imposed by the Court, is, or are paid. 4. And be it further enacted, That if the party, or parties, indicted, shall be found not guilty, the property seized shall be restored, and the cost shall be paid by the informer, but if found guilty, the Court shall order a sale by the Sheriff, in such manner, as the Court shall deem expedient, unless the party, previous to the day of sale, shall comply with the sentence of the Court; and where such sale takes place, the nett proceeds, after payment of all costs and expences, shall be applied to the discharge of the fine, or fines imposed, and the overplus, if any, shall be restored to the offender. 5. And be it further enacted, That nothing herein contained, shall prevent any incorporated town, from establishing such regulations and restrictions, relative to Pedlars and Itinerant Traders, within the limits of the Corporation, as they may deem expedient. 6. And be it further enacted, That nothing in this act shall prevent any Pedlar or Itinerant Trader, who has heretofore obtained a license, from selling under it according to the existing laws, nor shall any thing herein contained, prevent any citizen of this state, from trading on the Manufactures thereof; and all acts, or parts of acts, militating against this act be, and the same are hereby repealed. 7. And be it further enacted, That where any Pedlar or [Illegible Text] Trader, shall after the passage of this act, and previous to the first of January next, take out any license under laws now in force, he shall not be subject to the penalties of this law, provided, he shall by that day comply with the provisions of this act, by paying

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the sum of forty dollars, in the manner herein directed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT For the trial and punishment of slaves and free people of color. 1. BE it enacted by the Senate and House of Representatives of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the following shall be considered as capital offences, when committed by a slave or free person of color;insurrection, or any attempt to excite it, poisoning, or attempting to poison; committing a rape, or attempting it, on a free white female; assaulting a free white person, with intent to murder or with any weapon likely to produce death; maiming a free white person;burglary, or arson of any description, as contained in the Penal Code of this state;murder of another slave, or free person of color;every, and each of these offences, shall, on conviction be punished with death. And if any free person of color commits the offence of inveigling, or enticing away any slave, or slaves, for the purpose of, and with the intention to aid and assist such slave or slaves, leaving the service of his or their owner, or owners, or in going to anothor state; such person so offending shall, for each and every such offence, on conviction, be confined in the Penitentiary at hard labor for one year, and at the expiration of their imprisonment, to be sold to the highest bidder as a slave, for and during the term of their natural lives. 2. And be it further enacted, by the authority aforesaid, That all other offences committed by a slave, or

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free person of color, either against persons or property, or against another slave or person of color, shall be [Illegible Text] at the discretion of the court, before whom such slave or person of colour, shall be tried; such court having in view, the principles of humanity in passing sentence, and in no case shall the same extend to life or limb. 3. And be it further enacted by the authority aforesaid, That in every case of conviction, for a capital felony, the owner of the slave, or [Illegible Text] of the free person of colour convicted, may apply to the court, before which the conviction shall have taken place, and obtain a suspension of the execution of the sentence, for the purpose of applying to the Governor, for a pardon; and it shall be in the power of the Governor, to grant said pardon, or to commute the punishment of death, for that of [Illegible Text] for life in the Penitentiary, or for such a period of time, as he may think proper to order and direct. 4. And be it further enacted by the authority aforesaid, That on a conviction for any other offence, not punishable with death, the court may at its discretion, grant a suspension of the execution of the sentence, for the purpose of enabling the owner of a slave, or guardian of a free person of colour, to apply to the Governor for a pardon, or commutation of the punishment in such manner, and upon such terms and conditions, as he may think proper to direct. 5. And be it further enacted by the authority aforesaid, That on the trial of a slave, or free person of colour, any witness shall be sworn, who believes in God and a future state of rewards and punishments. 6. And be it further enacted by the authority aforesaid, That every slave or free person of colour charged with any offence contained in this act, shall be arrested and tried pursuant to an act, entitled an act, to establish a tribunal for the trial of slaves within this state, passed the 16th day of December 1811, and the 7th, 8th and 9th sections of this act, and shall receive sentence agreeably to the [Illegible Text] [Illegible Text] in this act. 7. And be it further enacted, That from and after

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the first day of March next, that when any Justice of the Inferior court shall have received notice of the commitment of any slave or slaves, or free person or persons of colour, (under the description of a free negro or negroes, mulatto, or mustizo,) to jail, in pursuance of the second section of an act, entitled an act, to establish a tribunal for the trial of slaves in this state, passed the 16th day of December, 1811; that it shall be the duty of the said Justice of the Inferior Court within three days after the receipt thereof, to give notice in writing of such commitment to the Justices of the Inferior court, or a majority of them, together with the clerk of said court, requiring their attendance at the court-house of such county, where such slave or slaves, or person or persons of colour as aforesaid, may have been committed, on a particular day in said notice, to be specified in writing, not exceeding ten days from the date of said notice. 8. And be it further enacted, That where any Jury may find a verdict of guilty against any such slave or slaves, or person or persons of colour as aforesaid, in pursuance of the 5th section of the act referred to in the preceding section, it shall, and may be lawful for the said court, to suspend the passing sentence against such slave or slaves, or person or persons of colour, as aforesaid, for any term of time not exceeding two days. 9. And be it further enacted, That so much of the 8th section of the before recited act, as requires the Justices of the Inferior courts in this state to draw a jury of thirty-six, at their regular terms, for the trial of such slave or slaves, person or persons of colour as aforesaid, shall be, and the same is hereby repealed, and in lieu of such regular drawing of Jurors, it shall be the duty of such Justices or a majority of them, forthwith after being notified of such commitment as aforesaid, to cause to be drawn fairly and impartially from the Jury Box, the names of persons subject to serve as Jurors, not less than twenty six nor more than thirty-six Jurors, who shall be summoned according to the requisitions of the before recited act, to attend at the time and place pointed out for the trial of such slave,

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or slaves, or person, or persons of colour, by the said Justices of the Inferior Court. 10. And be it further enacted by the authority aforesaid, That all laws or parts of laws, repugnant to this act be, and the same are hereby repealed. BENJ. [Illegible Text] Speaker of the House of Representatives WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, [Illegible Text] AN ACT To incorporate Eatonton Academy in the county of Putnam, and to invest the funds of Union Academy in said county, in the Trustees of Eatonton Academy. 1. BE it enacted by the Senate and House of Representatives, of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Christopher B. Strong, Thomas Hoxey, Coleman Pendleton, William Williams, John I. Smith, John C. Mason, Irby Hudson, William Wilkins and William E. Adams, be, and they are hereby appointed Trustees of an Academy to be established in the town of Eatonton, and they and their successors in office shall be, and they are hereby declared to be a body corporate, by the name and style of The Trustees of Eatonton Academy in the county of Putnam, with the privilege of having and using a common seal. 2 And be it further enacted by the authority aforesaid, That the Trustees aforesaid, and their successors in office, or a majority of them, are hereby authorised to make such bye-laws, rules and regulations as they may deem necessary and proper for the government and benefit of said institution Provided, such bye-laws, are not repugnant to the constitution and laws of this state, and they shall be invested with all manner of property, both real and personal, all donations, gifts, grants, privileges

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and immunities, which may belong to, or be hereafter made, conveyed, or transfered to them, or their successors in office, to have to hold the same for the proper use, benefit and behoof of said Academy, subject to such alterations or amendments as a majority of said Trustees may from time to time, ordain and establish. 3. And be it further enacted by the authority aforesaid, That the Trustees above mentioned, and their successors in office shall be, and they are hereby made capable of suing and being sued, impleading and being impleaded, and of using all necessary and lawful measures, for recovering or defending any property, debts, or demands, which they may claim in behalf of said institution, and also of recovering the rents, issues and profits of the same, or any part thereof. 4. And be it further enacted by the authority aforesaid, That should any vacancy happen by the death or resignation of any of the Trustees of Eatonton Academy hereby authorised and established, such vacancy shall be filled, in such manner as a majority of the survivors shall in their regulations point out. 5. And be it further enacted by the authority aforesaid, That the said Trustees, or a majority of them, shall have power to elect such officers as they may think proper, and remove the same for any malfeasance or neglect of duty, and the said Trustees shall once in every year, lay before the Grand Jury of Putnam county, a full and correct account of the funds of said Academy. 6. And be it further enacted by the authority aforesaid, That all the property both real and personal, all debts or demands whatsoever, and all monies that now are belonging, or in anywise appertaining to the trust of Union Academy, in the county of Putnam, be, and the same are hereby invested, transferred and confirmed to the trust, use and benefit of Eatonton Academy. 7. And be it further enacted by the authority aforesaid, That immediately after the passing of this act, the Trustees of Union Academy, with their Treasurer, shall make out a full and fair shedule of all the funds and property of every description, belonging to their trust, and shall

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the same over, together with such schedule, to the Trustees of Eatonton Academy, who shall give a receipt for the same provided nevertheless, that this act of incorporation shall be subject to any revision or alteration that any future Legislature of this state may think proper to make. 8. And be it further enacted by the authority aforesaid, That an act passed the fifteenth day of December, eighteen hundred and nine, to establish an Academy in the town of Eatonton, and county of Putnam, by the name of Union Academy, and to incorporate the same, be and the same is hereby repealed, so far as the same may militate against the provisions of this act. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 4th December, 1816. AN ACT To prevent Boat owners or Patroons from permitting Boat hands, or other negroes, from trafficing in corn or other produce, or from carrying the same to market on board of the Boats accustomed to navigate the river Savannah, between Augusta and Savannah. WHEREAS the practice of permitting negroes on board of the boats navigating the river Savannah, to carry corn, cotton or other produce to market, as their own property, has been found, by fatal experience, to be an encouragement of theft; And whereas it is right and proper that such encouragement should not any longer be held out to this description of personsfor remedy whereof, 1. B e it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall not

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be lawful for any owner or Patroon of a Boat, to suffer or permit any boat hand or negro, being a slave, to put on board their boat, whereof he is owner or Patroon, any corn, cotton, peas or other article of produce, as the property of such boat hand or negro, for the purpose of carrying the same to Savannah or elsewhere to market, or for sale; nor shall such owner or patroon suffer the boat hands or other negroes, being slaves as aforesaid, on board of their boat or boats, to barter or trade, the one with the other, in any article of produce as before enumerated, under any pretext whatever. 2. And be it further enacted by the authority aforesaid, That any owner or patroon, offending against the provisions of the first section of this act, shall be subject to indictment in the Superior court of the county in which the offence shall be committed; and upon conviction thereof, shall be fined or imprisoned, or both, at the discretion of the court before whom such indictment shall or may be tried. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCELL, Governor. Assented to, 13th December, 1816. AN ACT For the better regulation and government of the town of Powelton in the county of Hancock. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That Sampson Duggar, Reuben T. Battle, Thomas Crowder, Nicholas Childers, Charles Williamson, Charles W. Callier and Stephen Weston be, and they are hereby appointed Commissioners of the town of Powelton, and that they, or a majority of them, shall immediately after the passing of this act, convene and proceed to the appointment of a Chairman, Clerk, Treasurer

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and town Constable, and such other officers as they may deem necessary to carry this act into execution. 2. And be it further enacted by the authority aforesaid, That the said Commissioners shall hold their respective appointments hereby given, until the second Monday in January, 1818, at which time, and on every subsequent second Monday in January thereafter, the citizens of Powelton, entitled to vote for members of the General Assembly, shall convene at the male Academy in said town, and there, between the hours of nine and three o'clock of the same day, proceed by ballot to the choice of seven freeholders, as Commissioners of said townAnd where a vacancy shall happen, by death, resignation or otherwise, the Commissioners in office, or any two of them, shall advertise an election to fill such vacancy, by giving at least ten days notice, at two or more of the most public places in said town, of the time and place of holding such election, which election, and all others for Commissioners of said town, shall be superintended by two freeholders, belonging to the town. 3. And be it further enacted, That the Commissioners of said town, or a majority of them, shall be vested with full power and authority, from time to time, to make, ordain and establish such bye-laws, rules and regulations respecting the streets, public buildings, tipling shops, retailers of spirits, public houses, the regulation of disorderly persons, negroes, and in general every other bye law or regulation that shall appear to them requisite and necessary for the security, welfare and convenience of said town, or for preserving peace, order and good government within the same, and the said Commissioners, or a majority of them, shall also be vested with full power and authority, to make such assessment on the inhabitants of said town, or those who hold taxable property within the same, for the benefit, convenience and advantage of said town, and to affix and levy fines for all offences, committed against the bye-laws, rules and ordinanees of said town Provided, that such bye-laws, rules and ordinances, be not repuguant to the laws and constitution of said state.

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4. And be it further enacted by the authority aforesaid, That the Clerk of said Commissioners, shall be vested with full power and authority, to issue all precepts and process, necessary and proper, to carry the bye-laws, rules and ordinances of said commissioners, into execution, which said precepts, or other process issued as aforesaid, shall be served or executed by their Constable, whose duty it shall be, to make a return from time to time, as the said commissioners, or a majority of them, shall order and direct, of all warrants, precepts, or other process, placed in his hands, with his actings and doings thereon. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT For altering the uniform of the Militia Officers of the State of Georgia. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the uniform of the Militia Officers of this State, shall be similar to that worn by the Officers of the army of the United States, and that all officers, excepting those belonging to the General Staff, be permitted to wear round Hatsall laws militating against the same, are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816.

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AN ACT To alter and change the names of John W. Samuel, and Thomas Y. Myrick, to that of John W. Samuel and Thomas Y. Berry. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the names of John W. Myrick, Samuel Myrick, and Thomas Y. Myrick, be changed and altered to that of John W. Berry, Samuel Berry and Thomas Y. Berry. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 4th December, 1816. AN ACT To legalize the proceedings of the Superior and Inferior Courts of the respective counties of this State, and to render valid the acts of the Public Officers of the same. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Judicial proceedings of the Superior and Inferior courts of the several counties in this state, as well as the acts of the Sheriffs, Clerks and other public officers of the said several courts, shall be and they are hereby declared to be efficient, legal, valid and binding; notwithstanding any Judge of the said Superior courts, Justice, or Justices of the Inferior court, Sheriff, or Sheriffs, Clerk or Clerks of any of the said several counties, hath or have not taken and subscribed the oath directed to be taken and subscribed in the act, entitled an act, to compel all officers, civil and military within this state, to

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take and subscribe an oath to support the Constitution thereof, passed the 16th day of February 1799. 2. And be it further enacted, by the authority aforesaid, That this act shall extend to, and have the effect of legalizing and rendering valid all past proceedings and acts of said courts and officers, as well as all other proceedings and acts of said courts and officers, which may take place and be had, from and after the passing of this act. 3. And be it further enacted by the authority aforesaid, That all officers, civil and military in this state, shall take an oath to support the Constitution of this state, and of the U. States, and the [Illegible Text] of said oath so to be taken and subscribed, shall be forwarded with the didimus to qualify the said officer, or be taken and subscribed at the time of receiving said commission. 4. And be it further enacted by the authority aforesaid, That the said act, entitled an act, to compel all officers, civil and military, within this state, to take and subscribe an oath to support the Constitution thereofbe and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT To Incorporate the Milledgeville Mechanic Society. WHEREAS William Robertson, President, and Francis Jeter, Secretary, of the Milledgeville Mechanic Society, have by their petition represented, that a number of the Mechanics of Milledgeville, desirous of placing their various crafts on a more respectable and social footing than heretofore, and of establishing by their joint exertions and voluntary contributions, a permanent fund

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for the relief and support of such of their unfortunate brethren or their families as may become objects of charity, have formed themselves into an Association or Society, under the title before mentioned: And in order to establish their said institution in a permanent and effectual manner, so that the benevolent objects thereof may be executed with success and advantage, have prayed the Legislature to grant them an act of incorporation, whereby they may hold property and sue and be sued in their united capacity: 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That the persons herein before mentioned, and others who are or may become members of said Society, the officers and members thereof, and their successors, shall be, and they are hereby declared to be a body incorporate, in name and in deed, by the style and denomination of the President and Secretary of the Milledgeville [Illegible Text] Society; and by the said name and style shall have perpetual succession of officers and members, and a common seal to use; and shall have full power to make, alter, amend and change such bye-laws as may be agreed on by the members of the same: Provided, such bye-laws be not repugnant to the laws or Constitution of this state or of the United States. 2. And be it further enacted, That they shall have full power and authority, under the style and name before recited, to sue for and recover all such sum or sums of money as now are, or hereafter may become due to the said Society, at any court of law, or at any tribunal having jurisdiction thereof; and the rights and privileges of said Society in any court, or at any tribunal whatever to defend; and also to receive, take, and apply such donations or bequests as may be made, to and for the uses and purposes intended by the said Institution; and shall be, and are hereby declared to be vested with all the powers, advantages and privileges of an Association

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or Society of people incorporated, for the purposes and intentions of their said Association. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 4th December, 1816. AN ACT For the better regulation of the town of Monticello, in the county of Jasper. WHEREAS the act now in force, is found to be insufficient for the purposes of well regulating the said town, for remedy whereof 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Commissioners of the said town of Monticello, shall have [Illegible Text] power and authority, to pass such bye-laws and regulations as they may deem necessary, for imposing and collecting a tax upon the citizens of said town and corporation, as they may deem necessary, for the purpose of improving and keeping in good repair the public wells and springs within the limits of said incorporation provided, that such tax shall not exceed the sum of one dollar, on each and every person liable by law, to pay a poll tax, within the term of one year. 2 And be it further enacted, That the said Commissioners shall have power and authority to appoint such officers as they may deem necessary, for the purpose of enforcing and collecting such taxes and fines as may be imposed by said Commissioners, in the most summary manner. 3 And be it further enacted, That the said commissioners shall have full power and authority, to impose a tax on all shows, exhibitions, and show-men, performing in the said town for the purpose of gain, and also,

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upon all gaming tables, and games of hazad of all descriptions, as may be established, opened or played in the said town, and to [Illegible Text] to the [Illegible Text] of the same, in such manner as may be prescribed in the bye laws and regulations of said town provided, that the tax so to be imposed upon shows and shoe-men, shall not exceed ten dollars for each day's exhibition or performance; and that the tax so to be in posed upon gaming tables, and games of hazard, shall not exceed twenty dollars for each day that the same may be established, opened or played in said town. 4. And be it further enacted, That in case any person or persons, who are liable for the same, or shall refuse to pay any tax to be imposed, or assessed, by any bye-law, or regulation of said town, in pursuance of the authority of this act, then, and in that case, the commissioners of said town, or a majority of them, shall, and they are hereby authorised, to issue their warrant, directed to any officer, to be by them appointed, requiring a levy and sale of the goods and chattels of the person or persons so refusing, to make the amount of the tax so imposed or assessed, and all reasonable expences and charges of sale provided, that all sales, to be made by virtue of such warrant, shall be advertised at least ten days previous to sale, at the court-house door in said town. 5. And be it further enacted, That the said commissioners shall have full power and authority, to appoint, from among the persons residing within the limits of said corporation, a patrol, or patroles for said corporation, at such times, and on such occasions, as they may deem proper provided, that one person, at least, of those composing such patrol or patroles, shall be a slave holder, and that no punishment inflicted by such patrol or patroles, on any slave or slaves, shall exceed moderate correction Provided also, that all and every person or persons who shall refuse to do patrol duty when required as aforesaid, shall, without good excuse, to be rendered to said commissioners, be liable to be fined by said commissioners, in any sum not exceeding five dollars,

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and the said delinquent shall have five days notice in writing, of the time and place for hearing said excuse. 6. And be it further enacted, That the said commissioners shall have power and authority to pass all bye laws and regulations, necessary to compel the citizens of said town, and other persons resident therein, and liable by the laws of this state, to work on the public roads, to labor on the public square, roads and streets, within said incorporation, and in such manner, and at such times as they may prescribe, for the improvement and repair thereof; and in case of refusal or neglect, in any citizen or other person so liable as aforesaid, the said commissioners or a majority of them, may proceed to impose a fine upon such citizen, or other personand to collect such fine in the manner prescribed in the preceding section of this act Provided, no such fine to be imposed by virtue of this section, shall not exceed two dollars for each case of neglect or refusal. 7. And be it further enacted, That all monies now in the hands of the commissioners of said town, and also, all monies arising by virtue of this act, shall be applied by said commissioners, to the use and support of the Academy of said town. 8. And be it further enacted, That the said commissioners shall have full power and authority, to punish all and every contempt or contempts committed in their presence, while sitting as a board provided, that no fine imposed for any single offence aforesaid, shall exceed twenty dollars. 9. And be it further enacted, That the time of holding the election for commissioners of said town shall be on the second Monday in January in each yearand all laws or parts of laws militating against this act be, and the same are hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816.

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AN ACT To open and keep open the [Illegible Text] and Alleys in the town of Warrenton, in the county of Warren, and for other purposes. 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 first day of March, in the year of our Lord eighteen hundred and seventeen, all obstructions of what nature soever, that now are in the Streets and Alleys of the town of Warrenton, in the county of Warren, shall be removed, and all and every person or persons who shall hereafter place any obstruction, or suffer those obstructions that now are in said Streets and Alleys to remain after the day aforesaid; shall be deemed and considered as guilty of a nuisance, and be subject to indictment as such. 2. And be it further enacted by the authority aforesaid, That so much of an act, entitled an act, to incorporate the town of Warrenton, and for other purposes, passed on the 8th day of December 1810, as appoints the first Monday in January in each year, for the election of Commissioners, be and the same is hereby repealed, and the first Tuesday in January in the year of our Lord eighteen hundred and seventeen, and the first Tuesday in January in each year thereafter, be substituted in lieu thereof. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT To divorce and separate Nancy Jones and Thomas Jones her Husband. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

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and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the matrimonial connexion or civil contract of marriage, made between the said Nancy Jones and Thomas Jones her Husband, both formerly of the county of Wilkes, shall be completely annuled, set aside, and dissolved, as fully and effectually, as if no such contract had ever been made, or entered into between them. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 16th November, 1816. AN ACT To pardon Agness Hogg, alias Agness Yates. WHEREAS, at a Superior Court, held in and for the county of Putnam, for September Term, in the year of our Lord, one thousand eight hundred and sixteen, a certain Agness Hogg, alias Agness Yates, of the county aforesaid, was convicted of the crime of murder, and was sentenced by the Court, to be executed on Friday the the 27th of the same month; but on the petition of sundry persons, principally inhabitants of the county of Putnam aforesaid, to His Exellency the Governor, praying a respite for the said Agness Hogg, alias Agness Yates, the same was granted until Wednesday the fourth day of December next: 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from, and immediately after the passing of this act, the said Agness Hogg, alias Agness Yates, shall be, and she is declared to be, fully and entirely pardoned, exonerated and discharged from the

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pains and penalties of her said conviction, as though she never had committed the said offence. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM [Illegible Text] President of the Senate. D. B. MITCHELL, Governor. Assented to, 21st November, 1816. AN ACT To authorise Russell Goodrich, Nicholas Byers, David Russell, Arthur H. Hanley and John Lowry, to open a road from the head of boatable water on Tugalo river, the most direct route to fall into the road at Samuel Thompson's, on nine mile creek in East Tennessee, and to incorporate them into a company by the name of the Unaca, or Unacoi Turnpike company. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Russell Goodrich, Nicholas Byers, David Russell, Arthur H. [Illegible Text] and John Lowry, and their [Illegible Text] and assigns be, and they are hereby incorporated into a company by the name of the Unaca, or Unacoi Turupike company, and by said name shall have full power to sue and be sued, plead and be impleaded in any court of record in this state. 2. Be it enacted, That said company are vested with full power and authority from time to time to adopt such regulations and concert such measures, as to them shall seem useful for the institution, not inconsistent with the Constitution and laws of the state. 3. Be it further enacted, That the aforesaid company, or their heirs and assigns, are hereby entitled to occupy and enjoy all the privileges and advantages arising from said road for the term of twenty years, to commence after the same shall be in complete operation, agreeably with their treaty with the [Illegible Text] Indians on that subject Provided,

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that said road is made complete within twelve months after the passage of this act. 4. Be it enacted, That the aforesaid company are hereby authorised to erect a Turnpike at such [Illegible Text] on said road, within the chartered limits of this state, as to them shall seem most convenient. 5. Be it enacted, That the said company shall be entitled to receive the following toll and rates at said Turnpike, for the passage of any person or thing, that is to say: for every man and horse, twelve and a half cents; for every led horse not in drove, six and one fourth cents; for every loose horse in a drove, four cents; for every foot man, six and one fourth cents; for every waggon and team, one dollar; for every coach or chariot or other four wheeled carriage of pleasure, one dollar and twenty-five cents; for every two wheel carriage, chaise, chair, or other carriage of pleasure, seventy-five cents; for every cart and team, fifty cents; for each head of cattle, two cents; for each head of sheep, goats or lambs, one cent; for each head of hogs, one cent. 6. Be it enacted, That if any collector of tolls at said place, shall demand and receive from any person greater rates than are hereby allowed for the passage of any thing herein named, he, she, or they, for every such offence, shall forfeit and pay to the party aggrived, not only the toll demanded and received, but the further sum of ten dollars, to be recovered before any jurisdiction having cognizance thereof. 7. Be it enacted, That if any person or persons shall refuse to pay any, or either of the foregoing rates, or shall use force or violence to evade the payment thereof, he, she or they so offending, for every such offence, shall forfeit and pay a sum not exceeding twenty dollars, and in the latter case, be liable to an action or indictment in any court of this state, having cognizance thereof. 8. Be it enacted, That the company aforesaid are hereby required and bound to open said road, and build bridges and cause-ways over the water courses and swamps where necessary, and to open said road at least

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twenty feet wide, and where the same is bridged or cause-wayed, to be at least twelve feet in the centre, clear of stumps and rocks, if the same will permit; and when opened, to keep the same in good repair; and in case of failure, to be liable to a fine of five dollars for every five days said road is impassable for carriages of any description, (except in cases of high water) to be recovered before any Justice of the peace in this state, in the name and for the use of the person suing for the same, and to be further liable for an indictment, as overseers of public roads are in such casesany law to the contrary notwithstanding. 9. Be it enacted, That nothing contained in this act, shall be so construed as to authorise any person, or persons, to intrude on the lands of the Cherokee Indians, contrary to the intent and meaning of this act, or contrary to the law of the United States. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT, To amend an act, entitled an act, to add that part of the unlocated Territory of this state, which lies without the limits of the present counties, to the county of Jasper, passed the 23d day of November, 1814. WHEREAS it is found by experience, that the object of the before recited act cannot be carried into full effect on account of the large extent of Territory; 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the counties of Wayne, Montgomery, Telfair, Pulaski, Twiggs, Jones, Jackson, and Franklin,

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shall have jurisdiction over crimes committed as mentioned in the before recited act, in the following manner, to wit: All that unlocated Territory lying South-East of the boundry line, made in a treaty with the Creek Indians, by Gen'l Jackson, shall be added and become a part of the county of Wayne. 2. And be it further enacted by the authority aforesaid, That nothing in this act, or the act to which this act is amendatory, shall be so construed as to authorise any land court in this state, or any of the counties named in this act, to issue or grant any Land Warrants to be levied, or any Surveyor to execute or lay any Land Warrant on any part of the Territory lately ceded to the United States by the Creek Nation of Indians, at the treaty commonly called Jackson's treaty, or any other lands, the Indian title to which has not been heretofore extinguished; and all Surveyors who shall make any surveys, or all persons obtaining grants for any part, or parts of said Territory lately ceded by said Creek Indians as aforesaid, and by this act added to Wayne county, shall be subject to all the penalties as prescribed by an act, entitled an act, for to amend some, and repeal other parts of the several land acts of this state, passed on the 22d day of February 1785; and all surveys made, and grants obtained in the Territory aforesaid, shall be, and they are hereby declared to be null and void; nor shall any court ever permit any plat or grant, so obtained, or which may be so surreptitiously obtained, to be admitted before any Jury as evidence of title to said land, or Territory, or any part thereof. 3. And be it further enacted, That all that unlocated part of Jasper county, lying above said boundary line, up to a road leading from the big bend on the Ocmulgee river, called Blackshear's road, leading to Trader's Hill on Saint Mary's river, including said road, is hereby added to, and made a part of the county of Montgomery. 4. And be it further enacted by the authority aforesaid, That all the unlocated Territory North of said Road, and up to Oswitchee Trail, including said Trail

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leading from the Ocmulgee, near the upper line of [Illegible Text] county, is hereby added to, and made a part of the county of Telfair. 5. And be it further enacted, That all that unlocated Territory, North of said Trail, and up to the Uchee Trail, leading from Hartford, now called Blackshear's road, including said road, is hereby added to, and made a part of the county of Pulaski. 6. And be it further enacted, That all the unlocated Territory North of said Road, and up to the Federal road, leading from Fort-Hawkins, including said road, to Fort-Mitchell, on the Chatahochee, is hereby added to, and made a part of the county of Twiggs. 7. And be it further enacted, That all the unlocated Territory North of said Road, and up to a road leading from Zachariah Phillip's, sen'r, on the Ocmulgee, including said road, which road crosses the Chatahochee at Canard's, is hereby added to, and made a part of the county of Jones. 8. And be it further enacted, That all the unlocated Territory North of said Road, and up to the Cherokee line, or a path leading from the High Shoals of the Appalatchee, to the Standing Peach Tree on the Chatahochee, called the Hightower Trail, including said Trail, is hereby reserved to the county of Jasper. 9. And be it further enacted, That all the unlocated Territory North of the last mentioned Trail, and as far as the Federal road, leading from Jackson county to Nickajack, is hereby added to, and made a part of the county of Jackson. 10. And be it further enacted, That said Federal road and all the Territory North of the same, to the 35th degree, or North boundary of this state, be, and the same is hereby added to, and made a part of the county of Franklin. 11. And be it further enacted, That all offences committed within the unlocated Territory as aforesaid, against the State, or all crimes committed by persons citizens of this State, or of the United States, and entitled to the privileges of citizens as aforesaid, or against the

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State, or any of its citizens as aforesaid, or within either of the counties aforesaid, or in the Territory thus added to either of said counties, shall be tried and punished in the county to which said Territory is added and made a partany law to the contrary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To compel Clerks of the Inferior courts in this state to pay over money deposited in their hands. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall and may be lawful for the Justices of the Inferior court or a majority of them, in each county, respectively, of this state, when any Clerk of the Inferior court, may or shall refuse, or neglect to pay over any money, or monies belonging to the county funds, deposited or paid to him for the use of the county, for which he is the Clerk, to issue an execution against such Clerk and his Security, or Securities, directed to the Sheriff, or officer authorised to execute the same, commanding him to levy the same on the estate, both real and personal, belonging to the said Clerk and his Security, or Securities, as the case may be, or so much thereof as will be sufficient to satisfy such execution and cost thereon, and such other proceedings shall be had thereon as are usual on other executions issued upon judgments. 2. And be it further enacted, That all laws or parts

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of laws heretofore passed, militating against this act, be and the same are hereby [Illegible Text]. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, 1816. AN ACT, To amend the fifth section of an act [Illegible Text] the appointment of county Officers, passed on the 16 th day of February 1799. WHEREAS the said fifth section of the act aforesaid, points out the mode of appointing Constables for the several counties in this state, and directs the manner of their giving bonds, but points out no mode by which the said bonds may be sued, in case of the neglect of duty in said Constablesfor remedy whereof: 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That all Constables hereafter appointed, shall, before they enter upon the duties of their appointments, take the oath prescribed by the said fifth section of the act above recited, before any Justice of the Inferior court or Justice of the Peace; and those Constables resident in the [Illegible Text] of Augusta and Savannah, shall give bond, with two or more good and sufficient securities, in the sum of four hundred dollars, to the Justices of the Inferior court of the county of Richmond and Chatham, conditioned for the true and faithful discharge of the duties of their office; and all other Constables shall give bond in the sum of two hundred dollars, for the faithful discharge of the duties of their office, payable to the Justices of the Inferior courts of the respective counties, which [Illegible Text], or bonds so given, shall be deposited in the Clerk's office of the Inferior courts of

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the respective counties in this state, and be taken by or before any Justice of the Peace, and may be sued by order of the Inferior court, upon the application of any person or persons who shall make it satisfactorily appear that they have been injured by the misconduct or neglect of duty in said Constable, which suit shall be brought in the Superior courts, for the use of the person or persons so injuredany law to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT, Supplementary to an act, entitled an act, to amend the several Judiciary acts now in force in this state, so far as relates to Justices courts, passed on the 4th day of December 1811. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That in all cases in Justices [Illegible Text], commenced against joint obligors or promisors, if any one or more of them, shall make it appear to the satisfaction of the court, that he, she, or they, signed said obligation as a security, or securities only, it shall be the duty of the Justice to enter up judgment against him, her, or them, as such, and award execution in the same manner, which when satisfied by said security, or out of their property, he, she or they shall have the controul and benefit of said execution, for the purpose of remunerating him, her, or themselves out of their principal in the same manner as if they had been security on the stay of execution

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Provided, judgment and execution shall be against the principal also. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT To explain and amend an act, entitled an act to regulate Escheats in this state, and to appoint Escheators, passed the 5 th December, 1801. WHEREAS the term heirs in the said act contained, has been so [Illegible Text], as to prevent children, born of the body of the same mother, from being capable of inheriting or [Illegible Text] inheritance: 1. BE it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That where any woman shall die intestate, leaving children, commonly called illegitimate, or natural, born out of wedlock, and no children born [Illegible Text] lawful wedlock, all such estate, whereof she shall die seized or possessed of, whether real or personal, shall descend to, and be equally divided among such illegitimate or natural born children, and their representatives, in the same manner as if they had been born in wedlock; and if any such illegitimate or natural born child, shall die intestate, without leaving any child or children, his, or her estate, as well real as personal, shall descend to, and be equally divided among his or her brothers and sisters, born of the body of the same mother, and their representatives, in the same manner and under the same regulations and restrictions, as if they had been born in lawful wedlock.

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2. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 4th December, 1816. AN ACT, In addition to, and amendatory of an act to regulate Attachments in this state. 1. B e it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That every attachment hereafter sued out, the property attached may be restored to the person or persons against whom the attachment may have issued, upon the defendant, or defendants giving good and sufficient security to the officer serving the said attachment, in double the debt or demand for which the said attachment may have been issued and granted; or the said defendant, or defendants may file his, her, or their defence to the petition or declaration of the attaching creditor, or creditors, and enter into the same defence as if the property attached had been replevied. 2. And be it further enacted, That when a debt is not due, and the debtor or debtors is, or are removing, or is or are about to remove without the limits of this state, and oath being made by the creditor, his agent or attorney, of the amount of the debt to become due, and the debtor, or debtors is or are removing, or about to remove without the limits of this state, an attachment may issue against the property of such debtor, or debtors; but the defendant may relieve his property by giving to the creditor good security to pay the money when due, and cost.

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3 And be it further enacted by the authority aforesaid, That in all cases where an attachment may issue against any person absent, that on the trial of the same, any person may act as a friend, give good special bail, and by himself or attorney, plead and defend the suit in the same manner as though the defendant was personally present and do it himself. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To alter so much of an act, entitled an act to regulate the General Elections in this state, and appoint the time of the meeting of the General Assembly, so far as the same [Illegible Text] all General Elections to be held at the place of holding the Superior courts. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted, That [Illegible Text] elections for [Illegible Text], Representatives in the state Legislature and Representatives to Congress, so far as relates to the county of Franklin, be on the day prescribed by the before recited act, and may be held at Carnesville and at each of the Battalion muster-grounds in said county. 2. And be it further enacted by the authority aforesaid, That the General elections as aforesaid in the county of Jackson, shall be held at the several Battalion muster grounds in said county. 3. And be it further enacted, That all of said elections shall be on the day, and opened and conducted in the same manner, as is prescribed by the before recited act, and the place of the Sheriff or deputy Sheriff may be supplied by any lawful Constable.

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4. And be it further enacted, That it shall be the duty of the Magistrates, or at least some one of them who superintend each of the elections in each of the counties aforesaid, to meet at the courthouses on the day thereafter, at or before 12 o'clock in the morning, with the ballots taken in at the several elections authorised by this act, sealed up in a box; and it shall be the duty of said magistrates, when so assembled, or any three of them, to open said seals and count out and compare said ballots, and certify to His Excellency the Governor, the persons so elected, agreeable to the provisions of the before recited act. 5. And be it further enacted, That should any person vote, or attempt to vote, at more than one of the aforesaid places on the same day, he shall be subject to be indicted for a misdemeanor, and on being convicted thereof, he shall be fined in a sum not less than one hundred dollars. 6 And be it further enacted, That so much of the before recited act, and all other laws repugnant to this act, be and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To incorporate the Trustees of Warrenton Academy, in the county of Warren. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Samuel Lowther, Peyton Baker, Arthur Montcrief, Edward Donoho, [Illegible Text] Broom, Archelaus Flewellen, Turner Persons, George W. Hardwick and Dennis L. Ryan, be, and they are hereby appointed Trustees

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of an Academy, to be established in the town of Warrenton, and they and their successors in office, shall be, and they are hereby declared to be a body corporate, by the name and style of the Trustees of Warrenton Academy, with the privilege of having and using a common seal. 2. And be it further enacted by the authority aforesaid, That the Trustees aforesaid and their successors in office, or a majority of them, are hereby authorised to make such bye-laws, rules and regulations as they may deem necessary and proper for the government and benefit of said institution Provided, such bye-laws, rules and regulations are not repugnant to the constitution and laws of this state; and they shall be invested with all manner of property, both real and personal, all donations, gifts, grants, privileges and immunities which may belong to, or be hereafter made, conveyed or transferred to them, or their successors in office, to have and to hold the same for the proper use benefit and behoof of said Academy, subject to such alterations or amendments as a majority of said Trustees may from time to time ordain and establish. 3. And be it further enacted by the authority aforesaid, That the Trustees above mentioned and their successors in office, shall be, and they are hereby made capable of suing and being sued, pleading and being impleaded, and of using all necessary and lawful measures for recovering or defending any property, debts, or demands which they may claim in behalf of said institution, and also of recovering the rents, issues and profits of the same, or any part thereof. 4. And be it further enacted by the authority aforesaid, That the Trustees herein named, shall continue in office, until the first Tuesday in July next, and until their successors are elected, at which time, and on the first Tuesday in July in every second year thereafter, the subscribers to said institution shall meet and elect nine persons as Trustees for said institution, and the persons having a majority of the votes of the subscribers then present, shall be the Trustees as aforesaid; and should any

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vacancy happen by death, resignation or otherwise, of any of the Trustees of Warrenton Academy, hereby authorised and established, such vacancy shall be filled by a majority of the Trustees then in office. 5. And be it further enacted by the authority aforesaid, That the said Trustees, or a majority of them, shall have power to elect such officers as they may think proper, and remove the same for any malfeasance or neglect of duty. 6. And be it further enacted, by the authority aforesaid, That this act of incorporation shall be subject to any revision or alteration that any future Legislature of this state may think proper to make. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To levy a tax for the support of Government for the political year 1817. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the act passed the 10th December, 1812, to raise a tax for the political year 1813, together with the acts, which it revises, be and they are hereby continued in force for and during the political year 1817. 2. And be it further enacted by the authority aforesaid, That the 2d, 3d, 4th and 5th sections of an act to levy a tax for the support of government for the political year 1816 be, and the same is hereby revised and continued in force, for and during the political year 1817. 3. And be it further enacted, That it shall be lawful for any agent to return any property to the Receiver

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of Tax returns, and pay the taxes due thereon to the Tax Collector of the county in which such agent resides. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, 1816. AN ACT, To amend an act, to regulate the admeasurement and inspection of Lumber, Staves, Shingles, and for other purposes therein mentioned. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and after the passing of this act, sawed scantling and boards, Pipe, Hogshead, and Barrel Staves, shall be considered merchantable only, when made, formed, shaped and conditioned in manner following, to wit; all sawed scantling shall have three square edges, sound and without decay; Pipe staves to be at least fifty-four inches in length, three inches in breadth, and one inch thick on their edge; Hogshead staves to be forty two inches long, three inches broad, and not less than three quarters of an inch on the [Illegible Text] sound and free from worm or knot holes; Barrel staves to be two and a half feet long, three inches wide, and not less than three quarters of an inch on their edge, sound and free from worm or knot holes. 2. And be it further enacted, That all laws or parts of laws heretofore passed, militating against this act, be and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816.

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AN ACT, To alter and amend an act, entitled an act, to keep open the main channel of Broad river, passed on the 13th December, 1809also, an act authorising Shaler [Illegible Text] to build a Mill Dam across said river, passed 8th December, 1815, so far as respects the number of Commissioners therein named. WHEREAS it is found expedient to reduce the number of Commissioners appointed by the before [Illegible Text] acts, as it is found extremely difficult to convene a majority of so large a number, by reason of which the objects contemplated by the said acts are not carried into effect; BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Isaac David, John [Illegible Text] Andrew M'Civer, Charles W. Christian, Nicholas M. Marks, Richard Bond, William Redwine, Marshall Martin and Thomas Meriwether, be and are hereby appointed commissioners for the purposes contemplated by the before recited acts, in lieu of the Commissioners therein named; a majority of whom shall have and exercise all the power and authority in every respect, as was given or contemplated to be given, to a majority of the commissioners appointed by the before recited actsany law to the contrary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT To vest the interest of this State to certain property therein named, in the Heirs of Adam Ross, late of Greene county deceased WHEREAS Elisha Hall, late of Greene county, deceased,

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did intermarry with Elizabeth Ross, a daughter of Adam Ross, late of Greene county, in the life time of a former wife, with whom the said [Illegible Text] Hall had inter-married in the state of South Carolina, and from whom he had never been divorcedand whereas, during such his illegal connexion with the said Elizabeth Ross, he had born unto him of the said Elizabeth Ross, a son called and known by the name of John Adam Hall, who by the laws of this [Illegible Text], was a bastardand whereas, the legal wife of the said Elisha Hall, having departed this life, in the lifetime of the said Elizabeth Ross, and after the birth of the said John Adam Hall, the said Elisha Hall soon thereafter, intermarried with the said Elizabeth Ross, in due form and according to the laws of this state, and by such his intermarriage with the said Elizabeth, acquired a considerable estate both real and personal, to wit: seven negroes named Cardis and her children, Celia, August. Rachel, Hannah and her children Sampson and Eliza, from the labor of whom he was enabled to acquire the tract of land whereon the said Elisha Hall lived at the time of his death, in the county of Greene, and considerable stock, plantation tools, house-hold and kitchen furniture, waggons and stills and other propertyand whereas the said Elisha Hall, departed this life, having first executed his last will and testament, wherein and whereby he devised and bequeathed to his illegitimate son, by the name of John Adam Hall, as well as the negroes acquired by his intermarriage with the said Elizabeth Ross, as also, all the land of which he was possessed in the county of Greene, with the crop thereon, as also his plantation tools, waggon, still, house-hold and kitchen furniture, c. as in and by the last will and testament will more fully appearand whereas the said John Adam Hall, the Legatee in the said will, after the death of the said Elisha Hall, also departed this life, a minor and intestate, whereby the whole of the estate bequeathed to him, in and by the said will and testament, escheats to this stateand whereas it appears, that the said Elisha Hall, in and by said will, hath made ample provisions for his

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children, by his first marriage, and that the property bequeathed and devised to the said John Adam Hall, was such, and the proceed thereof, as was acquired by his marriage with the said Elizabeth, the mother of the said John Adam Hall, and that the Heirs of Adam Ross, deceased, are the next of kin of the said Elizabeth, to whom in Justice and Equity, the property aforesaid ought to descend and be vested in BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That the interest, claim, right and title of the State of Georgia, acquired under the Escheat Laws of this State, to all the property, both real and personal, devised and bequeathed in and by the last will and testament of Elisha Hall, late of Greene county, deceased, to John Adam Hall, late of the same county, dec'd be, and the same are hereby conveyed, transferred, granted and vested in the right heirs of Adam Ross, also late of Greene county, deceased, subject to be divided among them, according to the statute of distribution, in the same manner as tho' the said property real and personal, formed and was of the estate of the said Adam Ross, deceased. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT, To alter the time of holding the Superior and Inferior courts in the county of Wilkes, and the Fall term of the Superior court of the county of Madison. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

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That from and after the passage of this act, the Superior courts in the county of Wilkes shall be held on the third Monday in February and July in each year; and that the Inferior courts in the said county shall be held on the Tuesday after the first Monday in October in each year. 2. And be it further enacted, That all suitors, Jurors or witnesses heretofore summoned or that may hereafter be summoned, cited or otherwise required by the proper authority, before the expiration of the time allowed, to serve any precept or precepts made returnable to the said Superior and Inferior courts of the said county of Wilkes, shall be transmitted and turned over to the said Superior and Inferior courts, so to be held as aforesaid, to be acted upon in the same way and manner as if such suitors or witnesses, or others concerned, had been cited or summoned thereto. 3. And be it further enacted, That the Fall term of the Superior court of the county of Madison, shall be holden on the Thursday after the first Monday in October in each year. 4. And be it further enacted, That all writs, processes, precepts, c. which would have been returned to the regular term of said courts, shall be returned to the time to which the courts are directed to sit by this law. 5. And be it further enacted, That all laws or parts of laws [Illegible Text] passed on this subject militating against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To appoint Commissioners for the better regulating and government of the village of Appling, and for incorporating the same. BE it enacted by the Senate and House of Representatives

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of the State of Georgia, in General Assembly met, and by the authority of the same, That from and after the passing of this act, the following persons, to wit; Garah Davis, John W. Liggon, George Cary and William E. Offutt be, and they are hereby appointed Commissioners of the village of Appling in the county of Columbia, and that they, or a majority of them, shall immedidiately after the passing of this act, convene at Columbia court-house and proceed to the appointment of a clerk, and such other officers as they may deem necessary to carry this act into execution. 2. And be it further enacted, That the said Commissioners shall hold their respective appointments hereby given them, until the first Monday in January, 1818, at which time, and on every subsequent year thereafter, the citizens of the village of Appling entitled to vote for members of the General Assembly, shall choose by ballot, four persons to succeed them as Commissioners of said village; and they shall have, and they are hereby vested with, full power and authority to make all such bye-laws and regulations, and inflict or impose such pains, penalties and forfeitures, and do all other incorporate acts, as in their judgments shall be conducive to the good order and government of the said village of Appling Provided, that such bye-laws and regulations be not repugnant to the laws and constitution of this stateand provided also, that the punishment on slaves shall not extend to the affecting life, limb or member. 3. And be it further enacted by the authority aforesaid, That the limits or extent of the corporation, shall extend three hundred yards North of the courthouse of said county, and the same distance East. South and West of the same, [Illegible Text] a square as near as may be, around the said courthouse. 4. And be it further enacted, That any two or more Justices of the Peace for the county of Columbia, are hereby authorised and required to preside at such election for Commissioners aforesaidthat nothing herein contained shall be construed so as to prevent the re-election of any Commissioner, pursuant to this act.

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5. And be it further enacted, That should there be no legal election held on the days pointed out by this act, for that cause this act of incorporation shall not be void, but an election may be held on any other day after ten days notice, within three months. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT, To amend an act passed the 14th December, 1815, for the better regulation of the town of Watkinsville, in the county of Clark. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Commissioners of the town of Watkinsville be, and they are hereby authorised and empowered, to pass such bye-laws for the better regulation and government of said town as they, or a majority of them, may deem necessary, not inconsistent with the laws or constitution of this state. 2. And be it further enacted, That said Commissioners shall have full power to impose a tax on all shows, exhibitions and show-men performing in the said town for the purpose of gain; and also, upon gaming tables and games of hazard that may be established, opened or played in the said town, and to proceed to the collection of the same in such summary manner as may be prescribed in the bye laws and regulations of said town Provided, that the tax so to be imposed upon shows and show-men shall not exceed ten dollars for each day's exhibition or performance, and that the tax so to be imposed upon gaming tables and games of hazard, shall not

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exceed fifty dollars for each day that the same may be established, opened, or played in said town, and in case any person or persons who are liable for the same, shall refuse to pay any tax imposed or assessed by any bye-law or regulation of said town, in pursuance of the authority of this act, then and in that case the Commissioners of said town, or a majority of them shall, and they are hereby authorised to issue their warrant, directed to any officer to be by them appointed, requiring him to collect by levy and sale of the goods and chattels of the person or persons so refusing to pay the amount of the tax so imposed or assessed and all lawful costs Provided, such costs shall not exceed the costs allowed by law to Justices of the Peace and Constables in like cases; and provided also, that sales to be made by virtue of said warrant shall be advertised at least ten days at the court house in said town. 3. And be it further enacted, That the said Commissioners shall cause to be established and enforced, a strict patrol either by day or by night within the limits of said townand in case of neglect or refusal in any citizen of said town to comply with the byelaws and regulations to be by the said Commissioners ordained and established upon this subject; that the said Commissioners, or a majority of them, may proceed to fine such citizen, and to collect such fine in such manner as is herein before prescribed for the collection of taxes Provided, that the fines to be imposed in virtue of the power derived under this act, shall not exceed five dollars for each case of neglect or refusal. 4. And be it further enacted, That the said Commissioners do, and they are hereby authorised to appropriate all taxes and fines imposed, assessed and collected in virtue of any bye-laws or regulations adopted in pursuance of the authority given in this act, to the repair and improvement of the public springs, square and streets of said town. 5. And be it further enacted, That all laws or parts

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of laws militating against this act be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, 1816. AN ACT To appoint Commissioners for the improving the Navigation of the Ocmulgee River, and for other purposes. WHEREAS the improvement of the inland navigation of every Country is of primary importance to its inhabitants, and as few countries enjoy greater natural advantages than this State, for the extension of commerce, and it being conceived that the clearing out and removing obstructions from the mouth of the river Ocmulgee to Fort Hawkins on said river, would greatly conduce to the interest and convenience of the inhabitants settled to the South, and South Western parts of this State; BE it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That a Company shall be established by the name and style of Commissioners to improve the Navigation of the Ocmulgee River, and they and their successors shall be and they are hereby created and made a body politic and corporate, and by that name and style are hereby made able and capable in law, to have, purchase, receive, possess, enjoy and retain to them and their successors, Lands, Rents, Tenements, Goods, Chattels and effects of what kind, nature or quality soever, and the same to sell, alien, demise or dispose of; to sue, and be sued, plead, and be impleaded, answer, and be answered in Courts of Record or other places, and

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also, to make, have and use a common seal, and the same to break, alter and renew at their pleasure, and also to ordain, establish and put in execution such bye-laws, ordinances and regulations as shall seem necessary for the improvement of the Navigation of said River, by Locks, Dams, Canals or otherwise, as they or a majority of them, hereafter appointed, or their successors, may deem necessary, to carry that object into effect provided such bye-laws, rules, regulations and ordinances are not repugnant to the Constitution or the Constitutional Laws of this state. 2. And be it further enacted, That John Willcox, James M. Taylor, Wm. H. Gross, Lewis Calfrey and Philip Cook be, and they are hereby appointed Commissioners, for the purpose aforesaid, and are hereby constituted a body politic, with a corporate capacity, for the express purpose of carrying the provisions of this act into complete effect, and that they or a majority of them shall convene at such time and place as they may think proper, for that purpose, and to meet upon their own adjournment. 3. And be it further enacted, That the said Commissioners and their successors, or a majority of them, are hereby authorized to receive any gift, donation or gratuity of and from any person or persons, company or companies, body politic, corporate, or any appropriation that may be made by the State, to be appropriated to the clearing out and improving the navigation of the said River Ocmulgee. 4. And be it further enacted, That the said Commissioners or a majority of them, as soon as it may be convement, shall proceed to give thirty days notice in the Georgia Journal, of the time and place when and where Books of Subscription will be opened, for the reception of such subscriptions as may be made to the said Commissioners, for the aforesaid purposes. 5. And be it further enacted That the said Commissioners for the time being, shall have power and authority to appoint such officers and servants under them as shall be necessary for the executing the business of

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the said corporation, and to allow them such compensation for their services respectively, as shall be reasonable, and shall be capable of exercising such other power and authority for the well governing and ordering the affairs of the said corporation as shall be described, fixed and determined by the laws, regulations and ordinances of the same, and shall have power to fill all vacancies that may happen in their own body. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, 1816. AN ACT, To amend an act to appoint Commissioners for the better regulation and government of the town of Washington, and for incorporating the same, passed the 7th day of December, 1805, and for other purposes therein mentioned. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the election for Commissioners for the said town of Washington shall be holden on the second Monday in January next, and on the second Monday in January in every second year thereafter; and where such election may not take place, then and in that case, it shall and may be lawful for the inhibitants of said town, who may be entitled to vote for Representatives to the General Assembly, to assemble at the Courthouse in said town, and by ballot elect Commissioners for the said town of Washington Provided always, that ten days previous notice in writing shall be given at the Courthouse door, of the time when such election is to take place by the Commissioners of the preceding year, or a

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majority of them, or by any Justice of the Inferior court or Justice of the Peace of the county of Wilkes: at which election or elections, any Justice of the Inferior court or Justice of the Peace, together with two freeholders of the said town, not candidates, shall preside. 2. And be it further enacted, That in all cases the Commissioners of the preceding years hall continue in office until their successor or successors are elected and qualified, and the said Commissioners so to be elected as aforesaid, or a majority of them, shall have power and authority [Illegible Text] make, ordain and establish and carry into effect, any bye-law or bye-laws, ordinance or ordinances, which they or a majority of them, may deem most expedient for the better regulation and government of said town Provided, such bye-law or laws, ordinance or ordinances be not repugnant to the Constitution of this state, or of the United States, or any law or laws now in force in this state. 3. And be it further enacted, That whenever any vacancy or vacancies may happen by death, resignation or otherwise, of such commissioner or commissioners, such vacancy or vacancies shall be supplied by election in conformity with the first section of this act. 4. And be it further enacted, That it shall be the duty of such commissioners, or a majority of them, so to be elected as aforesaid, annually after the year 1817, between the said second Monday in January and the first day of March, to appoint two Vendue Masters for the said town of Washington, each of whom shall, before he or they enter on the duties assigned them, give bond and sufficient security to his Excellency the Governor, for the time being, and his successors in office, in the sum of one thousand dollars, for the faithful discharge of his or their duties respectively, according to law now in force; and the said Vendue masters shall be entitled to receive like fees as are received by the Vendue masters in the city of Augusta, and shall be alike governed, according to the laws, regulations and restrictions Provided nevertheless, their powers shall not be so construed as to extend without the limits of the corporation of said town. 5. And be it further enacted, That no person or

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persons, inhabitants of said town, other than freeholders, shall be eligible to the office of commissioner of said town, and it shall not be lawful for such commissioner so to be elected as aforesaid, to enter upon the duties assigned him or them by virtue of this act, until they and each of them, have first taken and subscribed an oath before some one of the Justices of the Inferior court or Justices of the Peace for the county of Wikes, to support the constitution of the U. States and the constitution of this state, and such other oath as shall be prescribed by them or a majority of them, not inconsistent with the constitutions and laws of the land. 6. And be it further enacted, That the said Commissioners, or a majority of them, shall have the control of the inhabitants of the said town, liable by the laws of this state to work on roads, for the purpose of opening and keeping open, the streets of said town, and working on the same, and on the roads leading to and from the said town for the distance of one mile. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To Incorporate the Town of Darien. WHEREAS from the increase of population and growing importance of the town of Darien, it is necessary that many regulations should be made for the preservation of peace and good order within the same: BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, all persons

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citizens of the United States and residing within the said town, shall be deemed, and they are hereby declared to be a body corporate and politic; and there shall be an Intendant and Council for the said town, and they and their successors, hereafter to be appointed, shall have perpetual succession, and be styled and known by the name of the Intendant and Council of the town of Darien, and shall have a common seal, and be capable in law to purchase, have, hold, enjoy, receive, possess and retain to them and their successors, for the use of the said town of Darien, in perpetuity, or for any term of years, any estate, real or personal, messuage, lands, tenements or hereditaments of any kind soever, within the limits of the said town; and to sell, alien, exchange or lease the same, or any part thereof, as they shall think proper; and by the same name to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this state: And they shall also be vested with full power and authority, from time to time, under their common seal, to make and establish such bye-laws, rules and ordinances respecting the harbor, streets and public buildings, work houses, markets, wharves, public houses, carriages, waggons, carts, drays, pumps, buckets, fire engines, and in general every other bye-law or regulation that shall appear to them necessary for the security, welfare, convenience and advantage of the said town; and the said Intendant and Council shall also be vested with full power and authority to make such assessments on the inhabitants of the said town, or those who hold taxable property within the same, for the safety, benefit, convenience and advantage of the said town, as shall appear to them expedient; and to affix and levy fines for all offences committed against the bye-laws of the said town; and they are hereby authorised to appoint a Clerk, Treasurer, Health officer, Harbor master, Flour Inspector, (when the Justices of the Inferior court neglect to appoint, agreeable to law) fire masters, town marshals, constables and all such other officers as shall appear to them requisite and necessary for carrying into effectual execution, all the bye-laws, rules

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and ordinances they may make for the good order and government of the said town and the persons residing therein Provided, that nothing herein contained shall authorise the said Intendant and Council to make any bye-laws, rules or ordinances repugnant to the constitution or laws of this state. 2. Be it further enacted, That any one magistrate of the county of [Illegible Text] and one freeholder, or three freeholders of the county aforesaid, shall on the second Monday in January after the passing of this act, and on the second Monday in January, annually thereafter, superintend in the said town of Darien, the election of five members, to constitute the council of the said town, and which said five members of the council shall be freeholders of the county of M'Intosh, and have resided six months within the said town; and that all free white persons, being citizens of the United States and residing six months within the said town, shall be entitled to vote for five members, to form the council aforesaid; and the superintendants, when the election is closed, shall give notice to the persons elected, of their appointments, and summon them to meet together at any time and place within ten days after their election, for the purpose of taking the oath of office prescribed by law; which oath may be administered by any Justice of the Peace, or by one of the members so chosen, to another Provided, three be present at the time of administering the same, and shall be in the words following: I A. B. do solemnly swear, or affirm, that I will, to the utmost of my power, support, advance, protect and defend the good order, peace and welfare of the town of Darien and its inhabitants; and will faithfully demean myself in the office of Intendant, (or member of the council, as the case may be) for the town of Darien, according to the laws and regulations thereof, to the best of my skill and judgment; and that I will support the constitution of this state, and the constitution of the United States. 3. Be it further enacted. That when three or more of the said members shall have met and qualified as aforesaid, they shall, within ten days thereafter, call

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a meeting of the said members, and elect from their own body, an Intendant of the said town, the concurrence of three being necessary to a choice, and the said Intendant, or in case of his absence or disability, any two of the members shall and may as often as occasion may require, summon the members to meet together in council, any two of whom, with the Intendant, or any three, shall be competent to proceed to business.And should a vacancy happen by death, resignation or otherwise, it shall be filled by the people qualified to vote for the said members of council, who shall be notified thereof, ten days previous to the election. 4. Be it further enacted, That the Intendant and members of the said council, shall each of them have full power and authority to keep peace and good order within the said town, to issue warrants and cause all offenders to be brought before them, and on examination, either to release, admit to bail, if the offence be bailable, or commit to the custody of the Sheriff of the county of M'Intosh, except in cases hereafter provided for, whose duty it shall be to receive the same and keep in safe custody until discharged by due course of law; and the said Intendant and every of the members of the said council, for the time being, shall be vested with all the powers and authorities that Justices of the Peace are vested by the laws of this state, and shall exercise the same in every part of the said town, for the preservation of the peace and good order thereof. 5. Be it further enacted, That it shall and may be lawful for the said Intendant, or in his absence, any three of the council, and they are [Illegible Text] empowered at any time after the passing of this act, to [Illegible Text] courts once in every month throughout each year, to appoint such officers as they may think necessary, to settle and allow said officers reasonable fees, and to have jurisdiction of, and to hear and determine all civil cases not involving the right or title to any land or real estate, so the demand in each suit does not exceed the sum of fifty dollars, and to give judgment and award execution therein, according to law Provided, that if any party to a suit, shall feel him, her,

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or themselves aggrieved by the decision of the said court, it shall and may be lawful for such party to enter an appeal within three days after such trial, first paying all costs which may have accrued on such trial, and giving sufficient security to abide and perform the sentence of the court at the trial of the appeal; and all appeals from the decision of the said court, shall be tried at the succeeding court day, unless good excuse is given for continuing longer such trial; which trial shall be by a jury of seven men, whose verdict shall be final Provided, such continuance shall not exceed three terms. 6. Be it further enacted, That the said Intendant and council, shall have the like power and authority to hold to bail for debts within their jurisdiction, under like restrictions as pointed out for the Superior and Inferior courts; and shall have power to draw and empannel jurors for the trial of appeals, who shall be resident within their jurisdiction, and shall be qualified and liable to serve as jurors, to cause them to be summoned at least five days before the said court, and to fine them for non-attendance or other misconduct in such manner as they may think proper; and shall have power to award execution for such fines and cause the goods of the persons so incurring such fines, to be sold by virtue thereof Provided, such fine shall not exceed ten dollars. 7. Be it further enacted, That the said intendant and council, shall in all judicial proce dings have reference to, and be governed by the laws in force in this state, for regulating the judicial proceedings thereof, and the said court of Intendant and council thereof, is declared to be a court of record, and any persons necessarily going to, being at, or returning therefrom, shall be free from arrest on any civil suit. 8. Be it further enacted, That the town Marshal shall have the power of selling real estate in said town under execution, issued by the Intendant and Council Provided, all sales made by him of real estate or negroes, shall be on the first Tuesday in each month, and advertised at least thirty days in one of the public Gazettes of [Illegible Text].

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9. And be it further enacted, That the said Intendant and Council of the said town of Darien, are hereby fully empowered and authorised to call on all the white male inhabitants living in the said town, and all the negro slaves and free persons of color residing in said town, liable by the road laws of the state to work upon the public roads, to work upon the streets and commons of said town, and shall assess and levy a fine of two dollars for every day's default of any such person so liable to work as aforesaid. 10 And be it further enacted, That all such persons working upon the streets and commons of the town of Darien be, and they are hereby exempted from labor upon any of the roads in M'Intosh county. 11. And be it further enacted, That the Intendant and Council shall have power and authority to [Illegible Text] all insolvent debtors within their jurisdiction, as well as all offenders against the peace and good order of the state, in the jail of Darien, until such time as the county shall build a jail at the Court house. 12. And be it further enacted, That the Intendant and Council of Darien, shall have the appointment of the Jailor in the town of Darien; and it shall be lawful for the citizens of M'Intosh county to confine all runaway negroes, as well as all negroes or free persons of color, charged with any offence against the state, in the jail of Darien, until a county jail is built as aforesaid; and the jailor shall be allowed the same fees as is allowed the jailor in Savannah. 13. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816.

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AN ACT, To authorise the Trustees of the Richmond Academy, or their successors in office, to lay off a range of Lots on Walker street in the city of Augusta, and to sell, dispose of and convey the same, and to appropriate the money arising from the sale of said lots. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall and may be lawful for the Trustees of the Richmond Academy or their successors in office, and the said Trustees shall be, and they are hereby authorised to lay off a range of lots, of any size they may deem expedient, on the South side of Walker street, in the city of Augusta, along the whole extent of said street, and the same to sell and convey under such terms as to them shall seem most conducive to the welfare of said city, and the benefit of the said Richmond Academy. 2. And be it further enacted by the authority aforesaid, That the said Trustees of the Richmond Academy shall be, and they hereby are authorised and empowered to lay off into lots of any size or dimension they may think proper, all that unimproved ground lying between Telfair and Walker streets in the said city of Augusta, which has not heretofore been disposed of, and the same to sell and convey or dispose of, under such terms and restrictions as to them shall seem most conductive to the welfare and improvement of the said city of Augusta. 3. And be it further enacted by the authority aforesaid, That the Trustees of the Richmond Academy be, and they are hereby authorised, after the expiration of the present leases of the town common of Augusta, to lay off a street on the South of the range of lots authorised to be laid off by the first section of this act, of the width of one hundred feet, (or such other width as the said Trustees shall think proper) which street shall run parallel [Illegible Text] Walker street, and of the same length, which shall be called and known by the name of Watkins street.

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4. And be it further enacted by the authority aforesaid, That the monies arising from sales authorised by this act, shall be and the same are hereby declared to be a part of the funds of the said Richmond Academy, and to be appropriated in such manner as the Trustees of the said Academy, or their successors in office, shall deem most conductive to the welfare of said institution. 5. And be it further enacted by the authority aforesaid, That all acts and parts of acts, militating against this act be, and the same are hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, 1816. AN ACT To appropriate monies for the political year one thousand eight hundred and seventeen. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That for the support of government for the political year one thousand eight hundred and seventeen, the following sums of money be, and the same are hereby appropriated, viz: the salary of His Excellency the Governor, shall be two thousand dollars per annum; Secretaries of the Executive Department, not exceeding two, five hundred dollars each; the Secretary of State, two hundred dollars; the Treasurer, twelve hundred dollars; the Surveyor General, five hundred dollars; the Comptroller General, six hundred dollars; the Clerk of the House of Representatives, three hundred dollars; the Secretary of Senate, three hundred dollars; the Judges of the Superior courts, fourteen hundred dollars each; the Attorney General and three Solicitors General, one hundred

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and fifty dollars each; which said several sume shall be and they are hereby appropriated for their use, to be paid quarter yearly, by warrant from the Governor on the Treasurer, out of any money not specially appropriated. 2. And be it further enacted, That the sum of sixteen thousand dollars be, and the same is hereby appropriated as a contingent fund, subject to the orders of the Governor. 3. And be it further enacted, That for the compensation of the members of the Legislature, three dollars each per day, during their attendance, be appropriated, and the sum of three dollars for every twenty miles in coming to and returning from the seat of government; and the sum of four dollars each per day, to the President of the Senate and Speaker of the House of Representatives, during their attendance, and the sum of three dollars each for every twenty miles in coming to and returning from the seat of Government; to the Clerk of the House of Representatives and Secretary of the Senate, during the sitting of the Legislature, four dollars each per day, and the sum of sixty dollars each for contingent expences, c. to the two engrossing Clerks and one assistant Clerk to the House of Representatives, and two engrossing Clerks to the Senate, four dollars each per day; to the Clerk of the committee on Finance, and the Clerk to the committee on the state of the Republic, sixty dollars each; to the Messengers and Door-keepers of the Legislature, three dollars per day each, during the session; to the Adjutant General, twelve hundred dollars, to be paid quarter yearly; the sum of fifteen thousand dollars to be set apart as a fund for military disbursements, to be drawn for by His Excellency the Governor as he may think the public safety and expediency may require; to Alexander Greene, eighty dollars for airing, scouring and taking care of the State-House, the desks and carpets in the recess of the Legislature, and making fires on wet days; to Peter Pharr, eighty dollars for winding up the Clock, keeping clean the Stair cases, passages, c.

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4. And be it further enacted, That the sum of one hundred thousand dollars, or so much as will enable His Excellency the Governor to settle the fourth Direct Tax, if required, be and the same is hereby set apart and appropriated for that purpose, to be be paid out of the debt due by the United States to the State of Georgia for her Western lands. 5. And be it further enacted, That the sum of six hundred thousand dollars be, and the same is hereby appropriated, for the purpose of paying the State's subscription to the Bank of the state of Georgia; and the sum of $ 29,000 for the purpose of completing that part of the Penitentiary already begun, and having the same finished for the reception of convicts; and the sum of $ 3,000, or so much thereof as may be necessary, to pay for the public Printing, during the political year 1817; and the sum of $ 2,200 to pay Adams Duyckinck for printing and binding Clayton's Digest: And $ 100 to Joseph Nicholas of Putnam county, agreeably to a concurred resolution. 6. And be it further enacted, That the sum of ten thousand dollars be, and the same is hereby appropriated and set apart under the direction of His Excellency the Governor, to be equally divided between all the widows and children (say children under fourteen years of age) of those persons, citizens of this state, who were killed or died in the service of this state, or the United States, during the late war between the United States and Great Britain and the Creek Indiansthe applicants to produce a certificate from the Captain, if to be found, if not, by the next highest in command, under whom the deceased person served, or two Justices of the Peace of the county, and that they were killed or died in service, and an affidavit of credible witnesses of the number of children, their age, c of each deceasedthe evidences to be laid before His Excellency the Governor, on or before the first day of May next Provided nevertheless, that not more than ten dollars be given to any one individual.

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7. And be it further enacted, That the sum of six thousand nine hundred dollars be, and the same is hereby appropriated, under the direction of His Excellency the Governor, to enable him to secure the Shares subscribed for in the Bank of Georgia by the Commissioners of the Oconee navigation, and also to purchase one negro mansaid shares to be inalienable by said Commissioners and at the disposition of the General Assembly, whenever they may think proper to resume the same, and convert it to the improvement of the navigation of other rivers, agreeably to a concurred resolution.Also, the sum of ten dollars two and a half cents to Wilson Williams, of Wilkinson county, agreeably to a concurred resolutionalso, the sum of fifty dollars to William Stroud, of Jasper county, agreeably to a concurred resolution of both branches of the Legislature; and the sum of 20 dollars to Abram Mallet, Sheriff of Effingham county, agreeable to a concurred resolution. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, 1816. AN ACT, To legalize and make valid the acts and proceedings of the Sheriffs, Clerks and other officers belonging to the Middle Judicial Circuit or District of this state. WHEREAS it hath been represented to this Legislature, that some of the officers aforesaid, have proceeded upon the duties of their office without having first taken the oath, or oaths required by the act passed on the 16th day of February, 1799, entitled an act, to compel all officers, civil and military, within this state, to take and subscribe an oath to support the Constitution thereof and the act passed on the 5th day of December, 1799, entitled

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an act to give further time to the officers of this state to take and subscribe the oath required by the act, entitled an act, to compel all officers, civil and military, within this state, to take and subscribe an oath to support the Constitution thereof, passed the 16th day of February, 1799. BE it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same, That all acts and proceedings done and transacted by the Sheriffs, Clerks and other officers belonging to the middle Judicial circuit or district of this state, so far as regards the said oath, be held, deemed, taken and considered legal and valid to all intents and purposes whatsoever. 2. And be it further enacted, That the acts that may hereafter be done by said officers, during their continuance in office, prior to the first of January next, who may not have taken the oath, or oaths required by the acts before recited be, and they shall be held and taken as legal and valid, so far as respects the said oathany law to the contrary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT, To authorise the Commissioners of the Academy of Washington county, to dispose of a certain Lot in the town of Sandersville. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Commissioners of the Academy of Washington

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county, their successors in office, or a majority of them, are hereby fully empowered to sell or otherwise dispose of, to and for the use of said Academy, a certain, Lot in the town of Sandersville, heretofore conveyed to the said Commissioners by William Triplett, for the use and benefit of said seminary, and the said Commissioners in the sale or other disposition of said Lot, shall do the same on such terms and conditions as may be most conducive to the interest and prosperity of the said institution. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT To Incorporate the Protestant Episcopal Society of Augusta and county of Richmond, and to authorise the Trustees of the Richmond Academy, to convey a Lot of land in the city of Augusta, to said Protestant Episcopal Society. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That John Milledge, John Carter, Valentine Walker, George Walton, Thomas Watkins, Richard Tubman, Edward F. Campbell, Augustine Slaughter, Freeman Walker, Joseph Hutchinson, William M. Cowles, Walter Leigh, John A. Barnes, Milledge Galphin and Patrick Carnes, and their successors in office, shall be, and they are hereby declared to be a body corporate, by the name and style of the Trustees of the Protestant Episcopal Society in the city of Augusta and county of Richmond; and the said Trustees are hereby authorised to have and use a common seal, and they

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are hereby declared to be able and capable in law, of suing and being sued, pleading and being impleaded, and to have, hold and enjoy real and personal property, for the use and purpose of erecting a Church, or house of Worship, for the said society, in the city of Augusta, and for the maintenance and support of a Minister of the Gospel for the said Society. 2. And also be it enacted, That three Pews in said Church or house of Worship, shall be reserved for the use of strangers. 3. And be it further enacted, That the said Trustees and their successors in office, shall have power to fill all vacancies which may happen in their board from time to time, by resignation, death, or otherwise; and no person who resides out of the county of Richmond shall be eligible as a Trustee of said Society. 4. And be it further enacted by the authority aforesaid, That the Trustees of Richmond Academy be, and they are hereby authorised and empowered, to convey to the Trustees before named, and their successors in office, all that lot of land containing one acre, to be laid off by the Trustees of Richmond Academy, where they may think most proper, for the erection of the said house of Worship. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT, For establishing a rate of Ferriage over the Great Satilla river, at the Old Town Bluff in Camden county. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the passage of this act, the following rates of Ferriage be, and the same are hereby established,

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to wit: For a loaded waggon and four horses, one dollar; for an empty waggon and four horses, seventy five cents; for all four wheel pleasure carriages, one dollar; for a two wheel pleasure carriage, fifty cents; for a horse and cart, thirty-seven and a half cents; for a man and horse, twelve and a half cents; for a led horse, six and a quarter cents; for a foot passenger, six and a quarter cents; for each head of cattle, three cents; for each head of hogs, sheep or goats, two cents. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate, D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT, To incorporate the town of Irwinton in the county of Wilkinson. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Solomon Worrel, David Roland, Adam Hunter, Peter M'Arthur and William Beck, shall be the Commissioners of said town, and that they, and their successors in office, or a majority of them, shall have full power and authority to pass all bye-laws and regulations which may be necessary for improving and repairing the Public Square, Streets and Springs of said town, and the promotion of public good Provided, that such bye-laws and regulations shall not be repugnant to the Constitution and laws of this state; and that no penalty thereby imposed, shall extend to corporal punishment, (except on slaves or persons of color) And provided also, that said Commissioners, shall not impose any poll tax upon the citizens of said town, which shall exceed one dollar within the term of one year.

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2. And be it further enacted, That the said Commissioners shall continue in office until the first Monday in January eighteen hundred and eighteen, on which day, and on the first Monday in every January thereafter, all the free male white citizens of said town, who shall be entitled to vote for members of the General Assembly, shall assemble at the Courthouse of said county, and by ballot, elect five other Commissioners, who shall continue in office for one year; and in case it should so happen, that such election should not be held on the day required by this act, that the Commissioners then in office, shall continue until such election may take place; at which election, any two Justices of the Peace for said county, not a candidate, shall preside Provided nevertheless, that said Commissioners shall be re-eligible to said appointments. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 4th December, 1816. AN ACT, To repeal an act, entitled an act, respecting Vendue Masters, so far as the same restricts and limits the number of Vendue Masters for the city of Augusta. WHEREAS the restricting and limiting the number of Vendue Masters for the city of Augusta, hath been found by experience, to be injurious to the inhabitants of the said city, and the trade and commerce thereof; BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That the said act, entitled an act, respecting Vendue Masters, be, and the same is hereby repealed, so far as the same restricts and limits the number of Vendue Masters for the city of Augusta. 2. And be it further enacted, That the Intendant

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and Aldermen of the said city be, and they are hereby authorised, after the first day of October, 1817, next, to appoint and licence such number of Vendue Masters for the said city, as they, in their discretion shall think propersuch Vendue Masters, first paying to the said city, the sum of the hundred dollars, and giving bond and security to the state, agreeably to the act for regulating Vendues; which bond and security, the Intendant and Aldermen are hereby authorised and required to take before such Vendue Masters shall be licenced; and transmit the same to the Treasury Office of this state. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT, To Incorporate the town of Clinton, in the county of Jones, and for the appointment of Commissioners for the better regulation and government of said town. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That James Jones, Zachariah Pope, James Saffold, [Illegible Text] J. Bowers, John Mitchell, Bolar Allen and Jonathan Parrish, be Commissioners of said town, and they and their successors in office, shall have full power and authority to pass all bye-laws and regulations which may be necessary; and inflict or impose such fines, penalties and forfeitures, and to do such other incorporate acts as in their judgment shall be conductive to the good order and government of the said town of Clinton, and for the prevention of vice and other immoralities Provided, such bye laws and regulations be not repugnant to the Constitutional laws of this state.

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2. And be it further enacted, That the said Commissioners shall hold their respective appointments hereby given them, [Illegible Text] the first Tuesday in [Illegible Text] eighteen hundred and eighteen, at which time and on every subsequent year thereafter, the citizens of the town of Clinton, entitled to vote for members of the General Assembly, shall choose by ballot, seven persons to succeed them as Commissioners, at which election, two Justices of the Peace, or two Justices of the Inferior court for said county, shall preside as Judges of said election Provided always, that nothing herein contained shall be so construed as to prevent the present named Commissioners, or their successors in office, from being eligible to serve, if re-electedand in case any vacancy shall be occasioned by death, resignation or otherwise, the vacancy shall be filled by election, ten days previous notice being given in writing, by two or more of the Commissioners, at two or more of the most public places in said town. 3. And be it further enacted, That the powers confided to this incorporation, shall not exceed or extend beyond the limits of the said town of Clinton, and the lands belonging thereto. 4. And be it further enacted, That any law militating against this act, be, and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 4th December, 1816. AN ACT, To authorise James Roussean to to erect a Bridge over the Oconee river, at or near his Ferry, on the main road leading from Milledgeville to Augusta and Savannah. WHEREAS James Rousseau, by his petition to this Legislature,

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has prayed the privilege of erecting a Bridge over the Oconee river, at or near his Ferry, where the main road leading from Milledgeville to Augusta and Savannah crosses the same: And whereas it is thought and believed, that to grant him such privilege, will tend to promote the public convenience; BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the said James Rousseau is hereby authorised to erect a Toll Bridge across the said river, at or near his Ferrry, for and during the term of twenty one years, after the same shall be completed, at the following rates of toll, viz; for a loaded waggon, fifty cents; for an empty waggon and four horses, thirty-seven and a half cents; for a cart and two horses, twenty-five cents; for a rolling hogshead tobacco, twenty-five cents; for all four wheel pleasure carriages, fifty cents; for all two do, twenty-five cents; for a man and horse, twelve and a half cents; for lead horses or mules, six and a quarter cents; for each foot passenger, six and a quarter cents; for all cattle, three cents each; for goats, sheep or hogs, two cents per head Provided, that the said Bridge shall be completed within the term of three years from the passage of this act, and shall be so constructed as to admit the passage of any boat or raft which may be brought down said river. 2. And be it further enacted, That the Commissioners of the town of Milledgeville, do lay out and apportion to the said James Rousseau, so much of the town common as may be necessary for the building of the said Bridge on, at such place as may be designated near the Ferry aforesaid. 3. And be it further enacted by the authority aforesaid, That if the Bridge, so authorised to be erected by James Rousseau, shall not be built and passable for carriages within three years from the passage of this act, or if it shall be destroyed by freshets, or otherwise, and

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shall not be again rebuilt within two years therereafter, or shall from want of repairs, or from any other cause, be impassable for the space of two years at any one time, then, and in any such case, the right hereby vested in the said James Rousseau, shall immediately thereafter cease, determine and become void, as if this act had never passed. BENJ, WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 4th December, 1816. AN ACT, To authorise the Justices of the Inferior court of Burke county to cause the records of the court of Ordinary of said county to be fairly transcribed into Bound Books, and to legalize the same. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority aforesaid, That the Justices of the Inferior court for the county of Burke, or a majority of them, be, and they are hereby authorised and empowered, to cause to be fairly transcribed into bound books, the whole or any part of the records of the court of Ordinary of said county. 2. And be it further enacted, That it shall be the duty of the officers of said court, or any persons having charge of any of the records of said court of Ordinary, to deliver them to the Justices of said court; and the said Justices, or a majority of them, are hereby required to appoint a fit and proper person to transcribe the records aforesaid; and take bond, with good and sufficient security, for the faithful execution of the duties aforesaid; who shall take and subscribe an oath to that effect.

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3. And be it further enacted, That after the manuscript copy shall be finished, the Justices aforesaid, or a majority of them, shall appoint two fit and proper persons to compare the said manuscript copy with the originals, and if found correct, be received by the Justices aforesaid, and deposited in the office of the court of Ordinary for said county. 4. And be it further enacted, That the said duplicate records shall be considered by the officers of court as original records, and shall be received as such in all or any court of record; nor shall they be barred in evidence by the courts of record throughout thus stateany thing to the contrary notwithstanding. 5. And be it further enacted, That the said Justices shall be, and they are hereby authorised to defray the expences of transcribing the said records, out of the county funds. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT, To provide for the payment of costs in certain cases therein mentioned. WHEREAS it frequently happens in this state, that persons prosecuted for offences, not capital, after their arrest, so dispose of their estates as to involve the county where such offences are committed in the cost accruing on such prosecutionfor remedy whereof: BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That where any person or persons shall be prosecuted for any criminal offence, whether capital or otherwise, whether grand or petit larceny, whether as accessory before

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or after the fact, or any [Illegible Text] whatever, that it shall be the duty of the officer [Illegible Text] a warrant to arrest him, her, or them, to direct the arresting officer in writing, under [Illegible Text] hand and seal, to make diligent search for all and singular the estate, both real and personal, of such person or persons so arrested, or so much thereof as will be in his opinion sufficient for the payment of all legal costs and expences that may be incurred in such prosecution; a true schedule of which property so found and secured, the said arresting officer shall render to the court to which he returns the warrant, so by him executed, unless the party [Illegible Text], gives good security to pay the [Illegible Text] which may [Illegible Text] on the prosecution. 2. And be it further enacted by the authority aforesaid, That in the event of the said person or persons, charged as aforesaid, being found guilty of the offence or offences, wherewith he, she, or they were charged, that then and in that case, all the property found as aforesaid, together with all and singular, the estate or estates, both real and personal, which he, she, or they possessed, of his, her or their own proper right, at the time of his, her, or their arrest, shall, and the same is hereby declared to be subject and bound to the payment of the costs and charges alluded to in the foregoing sectionany law, usage or custom to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT, To alter and change the names of certain persons therein named. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same,

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That from and after the passage of this act, that Mary Ann Walder, Sarah Ann Walder, Minton Streeter Walder and Bradford Walder, shall be called and known in law by the names of Mary Ann Jones, Sarah Ann Jones, Minton Streeter Jones and Bradford Jones; and Lockhart Spring shall be called and known in law by the name of Lockhart Anderson. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To amend the 2d section of an act, entitled an act, to incorporate the town of Waynesboro' in Burke county, and to vest certain powers in the Commissioners thereof. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That five Commissioners for said town of Waynesboro' shall in future be elected annually on the second Monday in January by the free male white citizens thereof, who shall have given in their taxable property, and who shall be at that time entitled to vote for members of the General Assembly; at which election any one justice of the Inferior court or Justice of the Peace of the county, and two freeholders shall preside, and the Commissioners so elected shall continue in office one year. In case no election shall be held on the day as pointed out by this act, then it shall be lawful for any two or more justices of the Inferior court to appoint a day for holding of said election, first giving twenty days public notice of the same, and the Commissioners so elected shall continue in office until the second Monday in January following. 2. And be it further enacted, That so much of the

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aforementioned act as militates against this act, be, and the same is hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 4th December, 1816. AN ACT To secure to Daniel Hotchkiss, his heirs and assigns, for the term of ten years, the sole and exclusive right of running a line of Stage Carriages between the city of Savannah and the town of Milledgeville. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Daniel Hotchkiss, his heirs and assigns, shall have the sole and exclusive right of running a line of Stage Carriages for the conveyance of passengers and their baggage, between the city of Savannah and the town of Milledgeville, in this state, by way of Louisville and Sandersville, or such other route as the post road, from one place to the other, may be established and laid out, for the term of ten years, to commence on the first day of January next, which will be in the year of our Lord one thousand eight hundred and seventeen. 2. And be it further enacted, That if any person or persons shall, within the said term of ten years, presume to run any Stage Carriage or Carriages, in any manner, for fare or hire, between the city of Savannah and the town of Louisville, or between the city of Savannah and the town of Sandersville, in the county of Washington, or between the town of Louisville and Sandersville, or between the cities of Milledgeville and Savannah, or on any road whatever, between the aforesaid mentioned places, or shall presume to convey for fare or hire, in any Stage Carriage, any passenger or passengers, between

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the towns aforesaid, so as to abridge the right granted by this act to the said Daniel Hotchkiss, without the consent or concurrence of the said Daniel Hotchkiss, under his hand and seal, first obtained; every such person or persons so offending, shall forfeit and pay to the said Daniel Hotchkiss, his heirs and assigns, the sum of ten dollars, for every and any passenger so carried by any person or persons, to be recovered by the said Daniel Hotchkiss or his legal representatives, by action of debt, before any court having cognizance thereof Provided nevertheless, that the said Daniel Hotchkiss shall, within the term of five months from the passing of this act, commence and put in practice, the running the said line of Stages, and continue the same, between said city of Savannah and town of Milledgeville, to the end of the time aforesaid. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT To repeal an act to authorise John Martin Dasher to keep open and improve the navigation of Ebenezer Mill Creek, and to erect Mills thereon, and to prevent persons from placing obstructions so as to impede the free use of navigation of the same. WHEREAS by a memorial presented to this Legislature from a number of the inhabitants of Effingham county, land-holders and others, on the Ebenezer Mill creek, that the act to authorise John Martin Dasher to erect mills on the said creek has had the tendency to [Illegible Text] the navigation and to lessen the value of the lands lying on the waters of the above creek; BE it enacted by the Senate and House of Representatives

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of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that an act passed on the 1st day of December 1801, to [Illegible Text] John Martin Dasher to keep open and improve the navigation of Ebenezer Mill Creek, and to erect mills thereon, as also an act to amend an act, to authorise John martin Dasher to keep open and improve the navigation of Ebenezer mill creek and to erect mills thereon, be and the same is hereby repealed. 2. And be it further enacted, That after the passage of this act, that in case any person or persons shall obstruct in any manner any part of the main current or channel of the Ebenezer mill creek, from its confluence with Abercorn creek to its source in Savannah river, he, she or they shall forfeit and pay the sum of thirty dollars for every twelve hours the same shall remain unremoved, to be recovered before any court having jurisdiction thereof, one half to the informer, the other half to be applied to the improvement of the navigation of the said creek, and the commissioners or a majority of them hereafter to be appointed by this act, shall preceed to remove such obstructions in such manner as they may think proper. 3. And be it further enacted by the authority aforesaid, That any person or persons who has heretofore obstructed the main channel or current of the aforesaid creek, or any person who may claim the benefits derived from such obstruction, who shall not remove the same before the first day of February next, shall for every twelve hours the same may remain unremoved thereafter, forfeit and pay the sum of fifty dollars, to be recovered before any court having competent jurisdiction, one half to the informer, the other half to be applied to the improvement of the navigation of the said creek; and the commissioners hereinafter to be appointed shall have power to remove such obstructions in such manner as they may think proper. 4. And be it further enacted by the authority aforesaid, That David Gugel, John Waldhasur sen. Geo. Powlidge, Joel Kuffer and William Guyer be, and they

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are hereby appointed commissioners of the Ebenezer mill creek, a majority of whom shall have full power and authority to carry into effect the intentions and meaning of this act. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To secure to Robert H. McRea and Richard H. Long, the exclusive [Illegible Text] and privilege of running a line of Stage Carriages from Augusta via Columbia court-house in Columbia county, the town of Washington in the county of Wilkes, Lexington in the county of Oglethorpe, and to Athens in the county of Clarke, for the term of ten years. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the said Robert H. McRea and Richard H. Long, their heirs, assigns or legal representatives, shall have the sole and exclusive privilege of running a line of Stage Carriages, for the conveyance of passengers and their baggage, and for other purposes, between the said city of Augusta in the county of Richmond via the said Columbia courthouse in the county of Columbia, the said town of Washington in the county of Wilkes, the town of Lexington in the county of Oglethorpe, and to the said town of Athens in the county of Clarke, for the term of ten years; and to commence the operation of running the said line of stages on or before the first day of October in the year of our Lord one thousand eight hundred and seventeen. 2. And be it further enacted, That if any person or

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persons shall, within the said term presume to run any stage carriage or carriages, or in any manner for fare or hire, between the places aforesaid, without the consent or concurrence of the said Robert H. McRea and Richard H. Long, or their legal representatives, first had and obtained, every such person or persons so offending shall forfeit and pay to the said Robert H. McRea and Richard H. Long, or their legal representatives, their heirs and assigns, double the amount of the sum or sums of money demanded or received by the said person or persons for the carriage or conveyance of any person or persons to or from any part or place within the limits of the said city of Augusta and the said town of Athens, comprehending all the different routes between the same, to be recovered by the said Robert H. McRea and Richard H. Long, or their legal representatives, by an action or actions of debt, before any magistrate or court having competent jurisdiction thereof; Provided, That the said Robert H. McRea and Richard H. Long or their legal representatives, shall within the term of one year from and after the passage of this act, commence and put into compleat operation, the running the line of stages aforesaid, and continue the same, unavoidable accidents excepted, at least once in every week, between the places, and to the end of the term aforesaid, unless the said Robert H. McRea and Richard H. Long, or their legal representatives, should think proper to discontinue the same; Provided nevertheless, That it shall not be lawful for the said Robert H. McRea Richard H. Long, or their legal representatives, to discontinue the said line of stages, until they, or their legal representatives, shall have first given in one or more of the public news-papers in this state, at least three months previous notice of their intention so to do. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816.

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AN ACT, To restore William Wall and Andrew Guarde, two persons of color, to the privilege of piloting vessels to and from the several Ports in this state. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall be lawful for the Commissioners appointed to regulate the pilotage of vessels to and from the several ports of this state, and such as may be hereafter appointed, to invest William Wall and Andrew Guarde, two persons of color, with the privilege of piloting vessels to and from the several Ports in this stateany thing in any law to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 4th December, 1816. AN ACT, To vest in Esther Johnson and James Johnson, their heirs and assigns, all the property, both real and personal, of which one Elisha Brothers, deceased, late of Warren county, died possessed. WHEREAS it appears to this Legislature, from sundry documents, that Elisha Brothers, deceased, late of Warren county, died possessed of certain real and personal property; and from sundry affidavits, that one Esther Johnson is the illegitimate half sister of the said Elisha Brothers, and that one James Johnson is the illegitimate half-brother of the said Elisha Brothers, and that the said Elisha Brothers, Esther Johnson and James Johnson are all children of the same mother, and that the said Elisha Brothers, in his last illness, as he had often done

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before, acknowledged the relationship heretofore stated, between himself, the said Esther Johnson and James Johnson, and also expressed his wishes that the said Esther Johnson and James Johnson should inherit, possess and enjoy his estate, real and personal; BE it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all the estate, both real and personal of the said Elisha Brothers, which he died possessed of, or was entitled to in this state, shall go to and be vested in the said Esther Johnson and James Johnson, their heirs and assigns, share and share alike, to hold to them, their heirs and assigns foreversubject nevertheless, to the payment of all the just debts due and owing from the estate of the said Elisha Brothers. 2. And be it further enacted, That all suits or proceedings in law or equity, in which this state may be a party, touching the said estate, real and personal, of the said Elisha Brothers, under or by virtue of the Escheat laws of this state, shall cease, determine and be [Illegible Text] null and voidany thing in the said escheat laws contained to the contrary notwithstanding. 3. And be it further enacted, That no part or parts of the before recited sections of this act, shall be so construed as to exempt the said Esther Johnson and James Johnson, their heirs and assigns, from the payment of such costs as may have already accrued, or shall hereafter accrue in the settlement of the said estate, or to release the said estate from the payment of such commissions, as by the law, the escheat or of the county or counties in which the said estate may be situated, is entitled to receive. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 28th November, 1816.

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AN ACT To amend the act of 1814, entitled an act, to authorise the collection of rents within the city of Augusta, and the precincts thereof. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the passing of this act, it shall and may be lawful, in all cases, upon the termination of any lease within the city of Augusta, and its precincts, now in existence, (or already expired, and the tenant holds over) or which shall hereafter exist, where the owner of the rented property, or his proper agent or representative, shall desire to have possession of the same, to demand of the tenant, or tenants, the possession of the rented property; and in case of refusal on the part of the tenant, or omission on his, her or their part, to deliver possession, it shall and may be lawful for the owner thereof, by him or herself, or by his or her agent or representative, to go before the Judge of the Superior court, or any Justice of the Inferior court, or before the Intendant of the city, and make oath that the lease is expired, and that the tenantrefuses, omits, or neglects to give possession; whereupon it shall be the duty of the person before whom the oath is made, to issue or grant a warrant, or process, directed to the Sheriff or city Marshal, requiring and commanding the said Sheriff or Marshal to deliver to the owner, his or her agent, or representative, peaceable, quiet and full possession of the rented premises, removing the tenant or tenants, with the goods, furniture and other property found thereon, belonging to such tenant or tenants, therefrom. 2. And be it further enacted, That the same fees shall be allowed the Sheriff or Marshal for executing the process aforesaid, as is allowed a sheriff for executing a writ of possession after a recovery in ejectment, together with the sum of one dollar for every hundred dollars worth of property, goods or effects, removed from the rented premises belonging to the tenant or tenants, which

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amount shall be paid by the tenant or tenants, and be levied on his goods for that purpose. 3. And be it further enacted, That where the tenant shall declare on oath, that his lease, whether written or verbal, is not expired according to agreement, he shall in that case not be removed from the possession, but the sheriff or marshal shall return the proceedings to the next Superior Court of the county, and the fact be there tried; and if determined against the tenant or tenants, he or they shall pay four times as much as the rent reserved, and be moreover liable to be indicted in the Superior court for perjury. 4. And be it further enacted, That where any tenant shall make oath, that he does not hold under the party claiming the possession, or any other claiming under him, but under a different person or persons, then and in that case, the proceedings shall be returned to the Superior court of the county for trial, and if found against the tenant, he shall pay two fold rent for the time he may have held over, and be turned out of possession, as herein before pointed out. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To alter and amend an act, entitled an act, more effectually to open and keep in repair the public roads, causeways and bridges in this state, passed on the 16th December, 1811, and the act amendatory thereof, passed the 10th December, 1812, so far as respects the county of Warren. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the proviso contained in the fifth section of the above recited act, and the fourth section of the act amendatory

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thereof, be and the same is hereby repealed, so far as respects the county of Warren. 2. And be it further enacted, That it shall and may he lawful for the Justices of the Inferior court of said county of Warren, or a majority of them, at any time, to hear and determine upon all matters relative to roads, bridges, c. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor: Assented to, 13th December, 1816. AN ACT, To amend the several acts regulating Vendues in this state, so far as to authorize the appointment of a Vendue Master for the town of Greensborough in the county of Greene. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That immediately from and after the passing of this act, there shall be appointed [Illegible Text] by joint resolution of both branches of the General Assembly of this state, a Vendue-Master for the town of Greensborough aforesaid, who shall be entitled to the same fees, and subject to the rules and regulations now in force in this state regulating Vendues, with the exceptions hereinafter made. 2. And be it further enacted, That the said Vendue Master aforesaid shall give bond and security to the Inferior Court of Greene county for the sum of one thousand dollars, for the faithful performance of his duty, subject to be sued for at the instance of the party injured by said Vendue Master. 3. And be it further enacted, That nothing in this act contained shall be so construed as to extend the power

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and authority of the said Vendue Master beyond the limits of the said corporation. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT, To repeal the 5th section of an act, passed the 16th December 1816, entitled an act, to establish and incorporate an Insurance Company, called the Marine Fire Insurance Company of the City of Savannah. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That the fifth section of the before recited act be and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT, For the relief of Elisha Wright. WHEREES Elisha Wright, now of the county of Jones, in the year one thousand eight hundred and twelve, became security for the appearance of one James Pittman, at the Superior court of Hancock county, at February term 1812, and at February term 1813, the recognizance of said Elisha Wright and James Pittman was forfeitedat August term 1815, a sci. fa. issued against said Elisha Wright, and a verdict was rendered against him

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for one thousand dollars, with cost; And whereas the said Elisha Wright hath petitioned this Legislature, praying that he may be released from the payment of his recognizance; And whereas the said Elisha Wright hath shewn to the satisfaction of this Legislature, that he hath pursued and apprehended the body of the said James Pittman and delivered him up to the Sheriff of Hancock county; BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the said Elisha Wright shall be fully, clearly exonerated and discharged from the payment of the said recognizance, entered into by him the said Elisha Wright and James Pittmanany law to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, For the relief of Hannah Davis, widow of Thomas Davis, deceased. WHEREAS Thomas Davis, in his life time, at the Superior court of Randolph county, February term, 1811, entered himself as security for the appearance of James Baker, at the next term of said court, against whom the Grand Jury of said county had found a true bill for an assault; and whereas the said James Baker failed to appear, in consequence of which the recognizance of said Thomas Davis was forfeited, and judgment entered up and execution issued against Thomas Davis, since deceased, as security as aforesaid, for the sum of five hundred dollars; BE it therefore enacted by the Senate and House of Representatives

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of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the said Hannah Davis, widow of the said Thomas Davis deceased, immediately after the passing of this act, is hereby discharged from the payment of the judgment and execution aforesaid, on the payment of the costs of suit; and on the payment of the costs aforesaid, it shall be the duty of the sheriff of Jasper county, to enter satisfaction in full on said execution. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT, To amend an act, entitled an act, to incorporate the town of Hartford in the county of Pulaski. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That there shall be five commissioners elected or re-elected on the first Saturday in January in every year for said town, and they and their successors in office, shall have full power and authority to pass all bye-laws and regulations which may be necessary for the improvement and repairing of the streets of said town, and the preservation of the public good Provided nevertheless, such bye-laws and regulations shall not be repugnant to the Constitution and laws of this state, and that no penalty thereby imposed shall extend to corporal punishment, except to people of color; and provided also, that the said Commissioners shall not impose any fine upon the citizens of said town which shall exceed one dollar for each day's neglect in performing their duty in working on the streets and alleys, when called upon so to do by said Commissioners. 2. And be it further enacted, That the Commissioners

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now in office, shall be entitled to hold their appointments until the first Saturday in January next, on which day all the free white male persons, being citizens of said town, who are entitled to vote for members in the state Legislature, shall assemble at the Courthouse in said town, and by ballot, elect the present or other Commissioners, who shall continue in office for one year; at which election, one Justice of the Peace or Justice of the Inferior court and two freeholders for said county, shall preside. 3. And be it further enacted, That the said corporation shall extend to, and take all the town lots originally laid off in said town and which may hereafter be laid off. 4. And be it further enacted, That all fines imposed by said Commissioners shall be collected in the same manner and [Illegible Text] as fines are collected for neglect of performing labor on roads. 5. And be it further enacted, That said Commissioners shall not be at liberty to impose a higher tax on the inhabitants of said town, for town purposes, than one dollar on each poll for one year. 6. And be it further enacted, That no person residing within the limits of said corporation, subject to work on the streets of said town, shall be compelled to work on any public road further than the extension of the town commons. 7. And be it further enacted, That all fines collected for neglect of performing labor on the streets and alleys of said town, shall be applied in keeping the streets in repairany law to the contrary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives, WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816.

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AN ACT, Amendatory of the several acts relating to the town of Greensborough. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of January next, the Commissioners of the town of Greensborough, and of the Academy for the county of Greene, shall be separate and distinct; and that all funds now in the hands of or possession of the joint Commissioners of both, which of right belong to the county Academy, shall immediately after the said first day of January next, be delivered over to the Commissioners of said Academy hereinafter appointed. 2. And be it further enacted by the authority aforesaid, That Ezekiel E. Parke, Thomas Wingfield, Ebenezer Torrence, Nicholas Lewis and James F. Foster be, and they are hereby appointed Commissioners of the Academy aforesaid. 3. And be it further enacted by the authority aforesaid, That it shall be the duty of the Commissioners of the town of Greensborough to cause all the public roads leading to and from said town, to be worked on and kept in repair to the distance of one mile from the limits of the corporation thereof, in the manner prescribed by the road laws of this state; and for this purpose said Commissioners shall have the controul of all the hands liable to work on the public roads, who reside in said town, or within the distance of one mile as aforesaid. 4. And be it further enacted by the authority aforesaid, That all laws and parts of laws, militating against this act, shall be and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816.

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AN ACT, To alter and amend an act to regulate the town of Eatonton, passed the 12th December, 1809. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is enacted by the authority aforesaid, That the Commissioners of the town of Eatonton shall have full power and authority to pass such bye-laws and regulations as they may deem necessary for imposing and collecting a poll tax upon the citizens of said town, and also a tax upon all property, real and personal, and stock in trade in the said town; and the said Commissioners shall have power and authority to appoint such officers as they may deem necessary for the purpose of enforcing and collecting such taxes in the most summary manner Provided, such poll tax shall not exceed the sum of fifty cents, and such tax on property shall not exceed twenty-five cents for every hundred dollars value thereof, within the term of one year. 2. And be it further enacted, That the said Commissioners shall have power to pass any bye-laws and regulations they may deem necessary, requiring the citizens of said town to return on oath to the officer to be appointed as aforesaid, the amount of taxable property and stock in trade, by them and each of them, holden in the town aforesaid; and in case of any citizen refusing to make such return, to cause the tax to be assessed and collected in such manner as they may prescribe. 3. And be it further enacted, That the said Commissioners shall have full power to impose a tax on all shows, exhibitions and show-men performing in the said town for the purpose of gain; also upon all gaming tables and games of hazard, as may be established, opened or played in the said town, and to proceed to the collection of the same in such summary manner as may be prescribed in the bye laws and regulations of said town Provided, that the tax so to be imposed upon shows and show-men, shall not exceed ten dollars for each day's exhibition or performance; and that the tax so to be imposed upon gaming tables and games of hazard, shall

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not exceed fifty dollars for each day that the same may be established, opened or played in said town, and in case any person or persons who are liable for the same, shall refuse to pay any tax imposed or assessed by any bye law or regulation of said town, in pursuance of the authority of this act, then and in that case the Commissioners of said town or a majority of them, shall, and they are hereby authorised to issue their warrant, directed to any officer, to be by them appointed, requiring him by levy and sale of the goods and chattels of the person or persons so refusing, to make the amount of the tax so imposed or assessed, and all lawful cost Provided, such cost shall not exceed the costs allowed by law to Justices of the Peace and constables in like cases And provided also, that sales to be made by virtue of such warrant, shall be advertised at least ten days at the court-house in said town. 4. And be it further enacted, That the Commissioners of said town shall have power and authority to pass any bye-laws and regulations necessary to cause to be established and enforced a strict patrol, either by day or by night, within the limits of said town; and in case of neglect or refusal in any citizen of said town to comply with the bye-laws and regulations, to be by the said Commissioners ordained and established upon this subject, that the said Commissioners, or a majority of them, may proceed to fine such citizen, and to collect such fine as is herein before prescribed for the collection of taxes Provided, that the fines to be imposed in virtue of the power derived under this act, shall not exceed five dollars for each case of neglect or refusal. 5 And be it further enacted, That the said Commissioners do, and they are hereby authorised to appropriate all taxes and fines imposed, assessed and collected in virtue of any bye-laws or regulations, adopted in pursuance of the authority given in this act, to the repair and improvement of the public springs, square and streets of said town, and to the preservation of the houses of said town from fire, in such manner as they, or a majority

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of them, may deem most conducive to the interest and safety of the citizens. 6. And be it further enacted, That the said Commissioners shall have power and authority to remove or cause to be removed, any building, piazzas, posts, steps or other obstructions and nuisances in the public square or streets of said town Provided, that in all cases before they proceed to remove or cause to be removed, any such obstructions or nuisances, they shall give to the person or persons who inhabit, occupy, or claim the same, sixty days notice of such their intentions. 7. And be it further enacted, That no penalty imposed by the bye-laws and regulations of the said town of Eatonton, shall extend to life, limb or corporal punishment of white persons; and that the Commissioners of said town shall have power to appoint a town Marshal for the purpose of carrying into execution any bye laws and regulations ordained and established by them Provided, that such bye-laws and regulations be not repugnant to the Constitution and laws of this state. 8. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT, To alter and change the names of certain person, therein named. BE it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passing of this act, John Smith shall be known and called by the name of John

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Hudson, Sarah Smith shall be called and known by the name of Sarah Hudson, James Smith shall be called and known by the name of James Hudson, Sherod Smith shall be called and known by the name of Sherod Hudson, and Mary Smith shall be called and known by the name of Mary Hudson, and James Hawthorn shall be called and known by the name of James Dukes. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To authorise Armstead Burt and the legal representatives of Samuel Scott, deceased, to keep a Ferry on Savannah river. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That from and immediately after the passing of this act. that Armstead Burt and the legal representatives of Samuel Scott, shall have the right and privilege of keeping a Ferry on the Savannah river, at or near the place called and known by the name of Scott's Ferry, for the term of ten years. 2. And be it further enacted, That it shall not be lawful for the said Armstead Burt or the legal representatives of Samuel Scott, deceased, to have the right and privilege of keeping a Ferry as aforesaid, or receiving any toll or Ferriage as contained in this act, until the aforesaid Armstead Burt or the legal representatives of Samuel Scott shall have given a bond with two good and sufficient securities, to the Justices of the Inferior court of Columbia county, in the sum of one thousand dollars, conditioned to keep a good and sufficient Flat for the conveyance

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of all common carriages, people and stock, with due attendance to manage said flat for and during the term aforesaid. 3. And be it further enacted, That the said Armstead Burt and the legal representatives of Samuel Scott, deceased, shall be and they are hereby authorized to receive the following rates of ferriage, to wit; for a waggon and team, one dollar; for a cart and team, thirty-seven and one half cents; for a four wheel pleasure carriage, one dollar; for a two wheel pleasure carriage, fifty cents; for a man and horse, twelve and a half cents; for each led or drove horse, six and a quarter cents; for each head of cattle, three cents; for each head of sheep, hogs or goats, one cent. 4. And be it further enacted, That all laws or parts of laws that militate against this act, be and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, 1816. AN ACT, To change the times of holding the Inferior courts in the county of Jasper. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That immediately from and after the passing of this act, the times of holding the Inferior courts in the county of Jasper shall be on the second Mondays in May and October in each year. 2. And be it further enacted, That the jurors and witnesses, summoned to appear before such courts, and all writs and recognizances returnable on the days upon

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which said courts would have been held under the laws heretofore in force, shall be returnable to the several days herein before specified for holding of the said courts in the aforesaid county of Jasperany law, usage or custom to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT To repeal an act to authorise a part of the Camden Battalion to muster in the town of St. Marys. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That a law passed on the 2d day of December, 1813, authorising a part of Camden county militia to muster in the town of St. Marys, be and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT To vest the appointment of Commissioners of Academies, Vendue Masters, Notaries Public and Lumber Measurers in certain persons therein mentioned. WHEREAS the present mode of [Illegible Text] the aforesaid officers is very inconvenient and occasions an unnecessary consumption of the time of the Legislature;

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BE it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the appointment of Commissioners of Academies in this state, shall be and is hereby vested in the Commissioners of the respective Academies; the appointment of Vendue Masters, Notaries Public and Lumber Measurers, shall be and is hereby vested in the Commissioners of the respective incorporated towns, or the persons in said towns in whom the corporate powers are vested; and where there is no corporation or Commissioners, the appointment of the said Vendue Masters, Notaries Public and Lumber Measurers shall be made by the Inferior courts of the respective counties, whenever such officers are deemed necessary and authorised by law. 2. And be it further enacted, That nothing contained in this act shall authorise the appointment of an additional number of any of the said officers than is at present allowed by law; nor shall any thing contained in this act vacate any appointments which have been heretofore made, or which may be made during the present session of the Legislature. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To incorporate the town of Marion in the county of Twiggs, and to vest certain powers in the Commissioners thereof. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same,

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That Henry M. Terrell, John Fleming, Martin Pitts, Lemuel P. Hargrove and Moses Fort, be and they are hereby appointed Commissioners of said town, and they and their successors in office, [Illegible Text] a majority of them, shall have full power and authority to pass all bye-laws and regulations which they may deem necessary for the improvement and repair of the streets and roads within the limits of said corporation, for the preservation of good order, and all other corporate acts which may be necessary for the comfort and convenience of the citizens of said town Provided, the same shall not be repugnant to the laws and constitution of this state, or that of the United States. 2. And be it further enacted by the authority aforesaid, That the said Commissioners shall continue in office until the first Monday in February in the year eighteen hundred and eighteen; and on the first Monday in February in every year thereafter, the free male inhabitants of said town, who are entitled to vote for members of the General Assembly, shall convene at the Court-house in said town, and by ballot, elect Commissioners, who shall continue in office for one year; at which said election, one Justice of the Peace and two freeholders of said county, not being themselves candidates, shall preside Provided, that if the said election should from accident or any other cause, not be held on the day pointed out by this act, the said Commissioners, whose time by this act may have expired, may by giving ten days notice by public advertisement at the Courthouse door of said county of Twiggs, have an election holden for Commissioners, to be conducted in the manner herein before pointed out. 3. And be it further enacted, That the said incorporation shall extend to and include all the tract of land originally purchased by the Commissioners of Twiggs county for a scite for public buildings, together with all the land lying within four hundred yards of the courthouse in said town. 4. And be it further enacted, That the said Commissioners shall have power to appoint all officers they may

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deem necessary for the carrying the aforesaid powers into effect, and to fill all vacancies that may happen by death, resignation or otherwise in their own body. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT To appoint Trustees for Twiggs County Academy, and to incorporate the same, and for other purposes. Whereas by the promotion of literary information, it is believed that the public is benefited, and as it comports with the genius of our government to promote and encourage all literary institutions, and as some private subscriptions have been raised by the citizens of Twiggs county for the purpose of effecting the foregoing object; BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Archibald M`Intyre, Moses Fort, Samuel Dick, Dr. Robert Cummins and William Crocker, and their successors in office, be and they are hereby appointed Trustees of the Academy of Twiggs county, to be known by the name and style of the Marion Academy, and the said Trustees be a body politic and corporate by the name and style of the Trustees of the Marion Academy, and as such shall be capable of suing and being sued, and shall be capable of doing all other acts, that shall or may be necessary to the executing the trusts reposed in them, or a majority of them; and for that purpose may have and use a common seal, and the same alter at pleasure, and appoint such officers as they may think proper, for the purpose of carrying into effect the object of said institution, and remove the same, or any of them, for malpractice or neglect of duty.

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2 And be it further enacted by the authority aforesaid, That the said Trustees, or a majority of them, shall be capable of accepting all bequest, gifts and donations which have been, or may be hereafter bestowed upon them as trustees; and shall hold the same according to the trusts and conditions contained in such donation or bequest, and collect the same, either by suit or otherwise. 3. And be it further enacted by the authority aforesaid, That the said trustees, or their agent or agents, shall be, and are hereby authorised, to receive any donation or donations which have been made, or hereafter may be made, by the Legislature of this state for the use of said Academy, or to purchase at any sale or sales of confiscated property of this state, the amount of one thousand pounds sterling, for said county, and for the use of said Academy; and the Commissioners for the selling of confiscated property are hereby authorised to receive their bills to the above amount, or for any other sum not exceeding said amount, and to make sufficient titles to them or their successors in office for the same. 4. And be it further enacted by the authority aforesaid, That all vacancies which may happen in the board of Trustees, shall be filled by the General Assembly of this state; and it shall be the duty of said board, annually to account with the Inferior court of said county for the receipts and expenditures of said institution, whose duty it shall be to have a record made of the same Provided nevertheless, that nothing herein contained shall be construed to impair the powers of the board of trustees of the University of Georgia, or of the Senatus Academicus, or of the board of Visitors, granted them by the several acts regulating the University of Georgia. 5 And be it further enacted by the authority aforesaid, That all laws, resolutions and acts, or parts thereof,

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militating against this act, be and the same are here, by repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor: Assented to, 4th December, 1816. AN ACT, To authorise the Justices of the Inferior court of Effingham county, to levy an extra tax for the purpose of defraying the expence of building a Courthouse in said county, and to authorise them to sell and dispose of a decayed brick building in the town of Ebenezer, for like purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the first day of January next, it shall and may be lawful for the Justices of the Inferior court of the county of Effingham, or any three or more of them, to levy an extra tax on the inhabitants of said county, not exceeding one half of the State tax, as to be charged in the Receiver's Digest for the year 1817. 2. And be it further enacted, That when the tax is assessed as above pointed out, the Tax Collector of said county, for the time being, shall and he is hereby authorised and empowered, to collect the same; and the said Collector shall be bound to the Inferior court of said county in a bond with ample security, for the collection and paying over the amount so assessed and collected, to the Justices of the Inferior court, to be appropriated by them for the purpose of building a Court-House in said county; and the said Collector shall be allowed the usual per centum for collecting and paying over the same. 3. And be it further enacted by the authority aforesaid,

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That it shall be lawful for the said Justices of the Inferior court, or any three or more of them, and they are hereby authorised and required, to lay out the monies collected by them for the purpose aforementioned, as may in their opinion, best secure and promote the completion of said Court-House Provided, neither of the Justices aforesaid shall become the undertaker of said building. 4. And be it further enacted, That the Justices of the Inferior court, or any three of them, be and they are hereby authorised to sell and dispose of a decayed brick building in the town of Ebenezer, formerly used as a Magazine, in such manner as they may deem most properthe monies arising therefrom to be applied by the Justices aforesaid, for the purpose of aiding and completing the Court-House to be built in said county. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT, To authorise and empower the Justices of the Inferior court of Elbert county to build or erect a new Court-House, at any place in their discretion, within three hundred yards of where the old one now stands. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That at any time, from and immediately after the passing of this act, it shall and may be lawful for the Justices of the Inferior court of the said county of Elbert, or a majority of them, whenever they shall have sufficient funds in their hands, to erect or build, or cause to be erected or built, a new Court-House in the said county of Elbert, at any site or place, they or a majority of them.

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may deem proper Provided, that it does not exceed three hundred yards from where the old one now stands And provided also nevertheless, that if the said Justices of the Inferior court aforesaid, shall within three months from the passing of this act, be furnished with good titles to the original Public Square, agreeable to a plan of the town of Elberton, whereon the Court-House now stands, clear of encumbrance, then and in that case, the public buildings shall be continued on said square. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, 1816. AN ACT, To amend an act, entitled an act, to keep open, remove and prevent obstructions in Savannah river, calculated to impede the free passage of fish, and for other purposes, passed the 10th day of December, 1812. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Richard Cray, Joseph Chandler, Devereux Jarratt, William Cawthorn and Joseph Walters, are hereby appointed Commissioners in the county of Franklin; that James Hatcher, John Moore and Enos Tait, jr. be and they are hereby appointed Commissioners for the county of Elbert; that William Smith, Shepherd Gross and Mark Anthony, be and they are hereby appointed Commissioners for the county of Lincoln; that John Gray, Thomas M. White, John Beall, sen'r. Jeremiah Darby and Humphrey Evans, be and they are hereby appointed Commissioners for the county of Columbia; and that George Pearson and James Primrose, be and they are hereby appointed Commissioners for the county of Richmond; and that all of said commissioners,

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or any one or more of them, shall have full power and authority to proceed to examine and review said river, or any part thereof, from the city of Augusta to the Indian boundary line, and determine whether more than two thirds of said river, including the main current or channel thereof, is not obstructed by fish-traps or dams attached thereto, or other obstructions placed in said river, calculated to impede the free passage of fish; and in case the said main channel or sluice, including two thirds of said river, shall be so obstructed, it shall be the duty of such Commissioner or Commissioners, to remove or cause to be removed, said obstructions, at the cost and damages of the party or parties so offendingto be recovered before any court having jurisdiction thereof, to be applied to the use of said commissioner or commissioners. 2. And be it further enacted, That if any person or persons, shall place or cause to be placed into said main channel or sluice, including two thirds of the Savannah or the Tugalo rivers, any obstructions calculated to impede the free passage of fish, after the 15th day of February next, and before which time one or more of said commissioners shall make known to some one or more Justices of the Peace for the district adjoining such shoal or shoals, the main sluice thereof; he, she or they shall pay, upon conviction before any Justice or Justices of the Peace for the district opposite to, and adjoining the river where such offence may be committed, the sum of thirty dollars for every twenty-four hours that said obstructions may remain in said sluice or channel, to be recovered in the usual manner of Justices proceedings on sums under thirty dollars; one half to be paid to the informer or informers, and the other half to such Commissioner as is now or may hereafter be appointed, that is to say, to be paid to the Commissioners of the county where such offence or offences may be committed, to be applied to their own proper use, for [Illegible Text] services of laying out said main channel or sluice of said Savannah and Tugalo rivers. 3. And be it further enacted, That when any vacancy

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or vacancies may happen by death, resignation or removal out of the county, of any one or more of said Commissioners, the Justices of the Inferior courts of the county where such vacancy shall happen, shall fill all such vacancies. 4. And be it further enacted, That all laws and parts of laws, that militate against this act, be and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To authorise the Commissioners of Baldwin county Academy to sell and convey six Lots in the town of Milledgeville, for the benefit of said Academy. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall and may be lawful for the Commissioners of the Baldwin Academy, or their seccessors in office, to sell, dispose of and convey, (after giving sixty days notice) six one acre Lots in the town of Milledgeville, out of the number of those not heretofore disposed of, for the benefit of the Academy aforesaid. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816.

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AN ACT, To pardon Robert M'Manus of the county of Richmond. WHEREAS at a Superior Court, holden in and for the county of Richmond at October Term last past, Robert M'Manus of said county was found guilty of the murder of one William [Illegible Text], and received sentence of death, to be executed on Friday the 29th of the present month NovemberAnd whereas a number of respectable inhabitants of said county, (and particularly the foreman and others of the jury who were on the trial, have petitioned the General Assembly to pardon the said Robert M'Manus; BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and immediately after the passing of this act the said Robert M'Manus be, and he is hereby declared to be, freely, fully and entirely pardoned, exonerated and discharged, from the pains and penalties of his said conviction and sentence, as fully, freely and entirely as if such conviction and sentence had never taken place or the offence been committed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 21st November, 1816. AN ACT, To amend an act, entitled, an act to establish the scite of the public buildings in Jones county, and appropriate the money arising from the sale of public Lots. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is enacted by the authority aforesaid, That the Justices of the Inferior court for said county for the time

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present, and their successors in office, be and they are [Illegible Text] appointed Commissioners of the Courthouse and [Illegible Text] of said couaty, with all the authority and powers which by the before [Illegible Text] act is given to the then [Illegible Text] of said Inferior Court, any thing in the before recited act to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To divorce and separate Jeremiah Pittman and Delany Pittman his wife. WHEREAS the ninth section of the third article of the Constitution doth authorise divorces on legal principlesAnd whereas the said Jeremiah Pittman and Delany Pittman his wife, have had a fair trial in the Superior Court of Chatham county, and a verdict given, authorising an absolute divorce, in consequence of the improper conduct of the said Delany Pittman; BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the matrimonial connexion and civil contract of matrimony, made between the aforesaid Jeremiah Pittman and Delany Pittman his wife, shall be completely annuled, set aside and dissolved, as fully and effectually as if no such contract had been made and entered into between them; Provided nevertheless, That nothing herein contained shall be so construed as to authorise the party or parties offending against or violating the marriage vow, to intermarry again with any other person, [Illegible Text] the natural life of the other. 2. And be it further enacted by the authority aforesaid,

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That the said Jeremiah Pittman and Delany shall in future be deemed and considered as distinct and seperate persons, altogether unconnected by any mystical union or civil contract whatever, at any time heretofore made or entered into between them. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To amend an act, entitled an act, to regulate the town of Lexington, passed on the 24th day of November, 1806, and an act to amend the same, passed on the 27th day of November, 1807, and for other purposes. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is enacted by the authority of the same, That the Commissioners of the said town of Lexington shall have full power and authority to pass such bye-laws and regulations as they may deem necessary for imposing and collecting a poll tax upon the citizens of said town, and also a tax upon all property, real and personal, and stock in trade in the said town Provided, such poll tax shall not exceed one dollar, and such tax on property shall not exceed twelve and a half cents for every hundred dollars value thereof, within the term of one year. 2. And be it further enacted, That the said Commissioners shall have power and authority to appoint such officers as they may deem necessary for the purpose of enforcing and collecting any such taxes, in the most summary manner. 3. And be it further enacted, That the said Commissioners shall have power to pass any bye-laws and regulations they may deem necessary, requiring the citizens

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of said town to return on oath, to the officer to [Illegible Text] appointed as aforesaid, the amount of taxable property, and stock in trade by them and each of them, holden in the town of Lexington; and in case of refusal in any citizen to make such return, to cause the tax to be assessed and collected in such manner as they may prescribe. 4. And be it further enacted, That the said Commissioners shall have full power and authority to impose a tax on all shows, exhibitions and show-men, performing in the said town, for the purpose of gain, and also upon all gaming tables and games of hazard as may be established, opened or played in the said town, and to proceed to the collection of the same, in such summary manner as may be prescribed in the bye-laws and regulations of said town Provided, that the tax so to be imposed upon shows and show-men, shall not exceed ten dollars for each day's exhibition or performance, and that the tax so to be imposed upon gaming tables and games of hazard, shall not exceed ten dollars for each day that the same may be established, opened or played in said town. 5. And be it further enacted, That in case any person or persons, who are liable for the same, shall refuse to pay any tax to be imposed or assessed by any bye-law or regulation of said town, in pursuance of the authority of this act; then and in that case, the Commissioners of said town, or a majority of them, shall be and they are hereby authorised to issue their warrant, directed to any officer, to be by them appointed, requiring him, by levy and sale of the goods and chattels of the person or persons so refusing, to make the amount of the tax so imposed or assessed; and said officer shall receive such fees as are allowed by law to Justices of the Peace and Constables in similar cases Provided, that all sales to be made by virtue of such warrant, shall be advertised at least ten days at the Courthouse door in said town. 6. And be it further enacted, That the Commissioners of said town, shall have power and authority to pass and ordain any bye-laws and regulations, necessary to cause to be established and enforced a strict patrol, either

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by day or by night, within the limits of said town; and in case of neglect or refusal in any citizen of said town, to comply with the bye-laws and regulations, to be by the said Commissioners ordained and established upon this subject, that the said Commissioners, or a majority of them, may proceed to fine such citizen, and to collect such fine as is herein before prescribed for the collection of taxes Provided, that the fines to be imposed in virtue of the power derived under this act, shall not exceed five dollars for each case of neglect or refusal. 7. And be it further enacted, That the said Commissioners shall have power and authority to pass all bye-laws and regulations necessary to compel the citizens of said town and other persons resident therein, and liable by the laws of this state, to work on the public roads, to labor on the public spring, streets and square of said town, and in such manner and at such times as they may prescribe, for the improvement, repair and preservation thereof; and in case of refusal or neglect in any citizen or other person, so hable as aforesaid, the said Commissioners, or a majority of them, may proceed to impose a fine upon such citizen or other person (or in case of slaves, upon the owner or employer of such slave or slaves) and to collect such fine in the manner prescribed in the preceding section of this act Provided, any such fine to be imposed in virtue of this section, shall not exceed two dollars for each case of neglect or refusal. 8. And be it further enacted, That the said Commissioners do, and they are hereby authorised, to appropriate all taxes and fines imposed, assessed and collected in virtue of any bye-laws or regulations, adopted in pursuance of the authority given in this act, to the repair and improvement of the public spring, square and streets of said town, and to the preservation of the houses of said town from fire, in such manner as they, or a majority of them, shall deem most conducive to the interest and safety of the citizens. 9. And be it further enacted, That the Commissioners of said town, or a majority of them, shall have power

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to appoint a town Marshal for the purpose of carrying into execution any bye-laws and regulations ordained and established by them. 10. And be it further enacted, That the said Commissioners shall have power to remove or cause to be removed, any building, piazzas, posts, steps or other obstructions and nuisances in the public streets or square of said town Provided, that in all cases before they proceed to remove or cause to be removed, any such obstructions or nuisances, they shall give to the person or persons who inhabit, occupy, or claim the same, thirty days notice of such their intentions. 11. And be it further enacted, That no penalty imposed by the bye-laws and regulations of the said town of Lexington, shall extend to life, limb or corporal punishment of white persons; and that the Commissioners of said town shall not pass any bye-laws or regulations repugnant to the Constitution or laws of this state. 12. And be it further enacted, That all laws and parts of laws, in anywise militating against this act are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT To amend an act, to incorporate a Bank, to be called the Bank of the State of Georgia, passed on the 16th of December, 1815. BE it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That five Directors shall constitute a Board competent to transact the business of the Bank of the State of Georgia, provided

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they shall be unanimous, for and during the months of July, August, September and October in every year, of whom the President shall always be one, except in cases of sickness or necessary absence, in which case, his place may be supplied by any Director, to be elected President pro. tem. by a majority of the Board present, any thing contained in any part of the above recited act to the contrary notwithstanding. 2. And be it further enacted, That it shall not be lawful for any partner or partners of a mercantile firm or house, who is, are or may be a Director or Directors of this bank, to hold his or their appointment or appointments as a Director or Directors of this bank, if any other partner or partners of said mercantile firm or house, shall at the same time, or any other time, hold an appointment or appointments as Director or Directors in any other Bank. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 12th December, 1816. AN ACT, To enable Daniel Hotchkiss, Reuben Taylor, William Gordon and John Fryer, the present proprietors of the line of Stages, between the cities of Savannah Augusta, to give security for running the said stages, for and to the end of the time which the right of running said line of stages was granted to Lewis Calfrey and John Coats. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Daniel Hotchkiss, Reuben Taylor, [Illegible Text] Gordon and John Fryer shall be permitted, upon producing

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their titles to the Governor of this state, to the line of stages between Savannah and Augusta, to give the security which is required from Lewis Calfrey and John Coats, in the act investing the said Lewis Calfrey and John Coats with the right to run a line of stages between the before mentioned places, for and during the time of ten years from the 1st October 1811. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, 1816. AN ACT To authorise the Commissioners of the town of Milledgeville to lease one [Illegible Text] of land of the Town Commons. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That from and immediately after the passage of this act, the Commissioners of the town of Milledgeville are hereby authorised to lease to the highest bidder, one acre of land belonging to the town commons, opposite John Troutman's Mill, for the term of seven years Provided nevertheless, that the said lessee do not suffer any nuisance to remain on the premises, that the said commissioners might think would endanger the health of the citizens of Milledgeville or its vicinity. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816.

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AN ACT To authorise the Justices of the Inferior Court of Telfair county to levy an extra tax. BE it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Justices of the Inferior court for the county of Telfair be, and they are hereby authorised and required, to lay an extra tax upon the inhabitants of Telfair county, which shall not exceed one fourth part of the general tax, for the purpose of building a courthouse and jail in said county, and for other county purposes. 2. And be it further enacted, That the Tax Collector for the county of Telfair be, and he is hereby required, to collect the said extra tax at the same time and upon the same terms that he collects the general tax, and when collected, he shall pay over the same to the Clerk of the Inferior court, to be applied to the purposes contemplated by this act. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To amend an act, entitled an act, to authorise the Trustees of the University of Georgia, to sell the lands belonging to said University, and to systemize the funds belonging thereto, passed the 16th December, 1815, and to amend the several acts heretofore passed, for the more full and complete establishment of a public seat of learning in this state. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all sales of land heretofore made or hereafter to be made

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by the trustees of said University, shall be valid to all intents and purposes, notwithstanding the same may have been or hereafter may be sold in lots over and above, or under, one hundred acres eachany thing in the above recited act to the contrary notwithstanding. 2 And be it further enacted, That the first section of the act, entitled an act, to revise and amend an act, entitled an act, for the more full and complete establishment of a public seat of learning, passed the 27th January, 1785, (which said amending act was passed the 16th day of December, 1811) as also, so much of said amending act as directs that all officers of the University, other than the Secretary and Treasurer, shall be appointed by the Senatus Academicus, together with the sixth section of said amending act, be, and the same are hereby repealed. 3. And be it further enacted, That in all cases where the [Illegible Text] of the University have sold any lot or lots of land, to which, or any part of which, there is an adverse claim, which claim has been or may hereafter be determined, either by suit or arbitration, against the title derived from the trustees, it shall and may be lawful for said trustees to adjust all matters with the person to whom they have sold, either by giving credit on the bond given for the purchase money, or by releasing the purchaser altogether from his contractsaid purchaser at the same time relinquishing to them all claim or title to any part which may not be included within such adverse claim as aforesaid. 4. And be it further enacted, That in case the office of President of the University, shall at any time be vacant during the recess of the Senatus Academicus, it shall and may be lawful for the Board of Trustees to appoint a President pro tempore, who shall continue in office until the next meeting of the Senatus Academicus; and in all such cases it shall be the duty of the Prudential Committee, if there be one, or of the Senior Trustee, if there be no Prudential Committee, to convene the Board. 5. And be it further enacted by the authority aforesaid,

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That His Excellency the Governor, be, and he is hereby authorised and directed to advance to the Board of Trustees, upon the credit of the bonds and mortgages upon the sale of University lands deposited in the Treasurer's office, any sum not exceeding ten thousand dollars, if the necessities or exigencies of the University should require such advance. 6. And be it further enacted by the authority aforesaid, That the State Treasury shall be reimbursed the sum of five thousand dollars, together with lawful interest, out of the proceeds of the bonds and mortgages aforesaid, which sum was in November, 1802, in the act entitled an act, to appropriate monies for the political year 1803, appropriated as a loan to the Trustees of the University; and that the aforesaid sum of ten thousand dollars herein directed to be advanced, be also repaid at the State Treasury, out of the proceeds of said bonds and mortgages. 7. And be it further enacted, That all laws or parts of laws that militate against this act, be and the same are hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To alter and amend an act, entitled an act, for the better regulation and government of the town of Sparta, in the county of Hancock, passed on the 3d December, 1805. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That Oliver Skinner, William G. Springer, John Binion, Hugh Taylor,

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Elias Boyer, Charles E. Haynes and Jacob P. Turner, be and they are hereby appointed Commissioners of the town of Sparta, and that they, or a majority of them, shall immediately after the passing of this act, convene and proceed to the appointment of a Clerk and such other officers as they may deem necessary, to carry this act into execution. 2. And be it further enacted by the authority aforesaid, That the said Commissioners shall hold their respective appointments hereby given, until the second Monday in January, 1818, at which time, and on every subsequent second Monday in January thereafter, the citizens of Sparta, entitled to vote for members of the General Assembly, shall convene at the Courthouse, and there, between the hours of nine and three o'clock of the same day, proceed by ballot, to the choice of seven freeholders, as Commissioners of said town; and where a vacancy shall happen by death, resignation or otherwise, the commissioners in office, or any two of them, shall advertise an election to fill such vacancy, by giving at least ten days notice, at two or more of the most public places in said town, of the time and place of holding such election; which election, and all others for Commissioners of said town, shall be superintended and conducted by two free holders belonging to the town. 3. And be it further enacted, That the Commissioners of said town, or a majority of them, shall be vested with full power and authority, from time to time, to make and establish, such bye-laws, rules and ordinances respecting the streets, public buildings, markets, public houses, public pumps or wells, the regulation of disorderly people, negroes, and in general, every other bye-law or regulation that shall appear to them necessary for the security, welfare and convenience of said town, or for preserving peace, order and good government within the same; and the said Commissioners shall also be vested with full power and authority to make such assesments on the inhabitants of Sparta, or those who hold taxable property within the same, for the safety, benefit, convenience and advantage of said town, as shall appear to them expedient; and to affix and levy fines for all offences committed

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against the bye-laws of the said town; and they are also hereby authorised to allow such town officers as they may appoint, such fees and compensation as may be allowed by existing laws to Justices of the Peace and Constables in similar cases Provided, that nothing herein contained, shall authorise them to make any bye-laws repugnant to the constitution or laws of the land. 4. And be it further enacted, That all laws or parts of laws, militating against this act, be and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT, To amend the several road laws now in force in this state, so far as respects the counties of Clarke, Franklin, Elbert, Tatnall and Wilkinson, and to authorise the Justices of the Inferior courts and courts of Ordinary to hear and determine upon all matters which may come before them, relative to roads and bridges. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of February next, it shall be the duty of the Justices of the Peace of the counties of Clarke, Franklin, Elbert, Tatnall and Wilkinson, to appoint one or more Overseers of roads in their respective districts, as the extent or number of the roads may require, and to apportion the hands between the several Overseers; and where any road shall be a district line, that then, and in that case, it shall be the duty of the Justices in each of the adjoining districts, to co-operate in the appointment of an Overseer or Overseers

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of such road, and also to proportion the hands for the same. 2. And be it further enacted by the authority aforesaid, That each Overseer so appointed, may call out the hands liable to work on their respective portions of road, twelve days in each year, and that said Overseers shall retain their commissions for twelve months after their appointment. 3. And be it further enacted, That where said roads shall require repairing, the Overseer shall give at least three days notice to all persons subject to work within their respective districts, of the time and place of attendance, with such tools as he may deem necessary; and if any person subject to work on said road, shall fail to attend agreeable to such notice, (or to perform the necessary duty required by said Overseer,) together with all slaves owned by them, or under their care and management, liable to work as aforesaid, they shall be subject to the following fines, to wit; for nonattendance of every free person and slave, the sum of one dollar each per day; to be recovered before any Justice of the district where such defaulters may reside; unless the party making such default, shall within ten days thereafter, make such excuse on oath, as may be deemed satisfactory to the Overseer; and on all suits for the recovery of fines of defaulters, where a reasonable excuse is rendered, it shall be the duty of said Justices to dismiss the same without costs. 4. And be it further enacted, That all fines so as aforesaid incurred and collected, shall be one half for the use of the Overseer, and the other half to be paid to the Clerk of the Inferior court for county purposes. 5. And be it further enacted by the authority aforesaid, That it shall be the duty of each and every Justice of the Peace of the counties aforesaid, to report to the Judge of the Superior court, any neglect of duty in any Overseer or Overseers of roads in his or their district, at the first session of the said court after such neglect may have occured. 6. And be it further enacted by the authority aforesaid,

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That it shall be the duty of the Judge of the Superior court, to whom information shall be given, (by any Justice of the Peace or other person,) of any Overseer or Overseers of roads, neglecting his or their duty, to fine such Overseer or Overseers so neglecting their duty, in a sum not less than forty dollars nor less than two dollars; which fine, when collected, shall be paid over to the Clerk, subject to the order of the Inferior court. 7. And be it further enacted, That the Justices of the Inferior courts of each county in this state, except Camden, Glynn, Wayne and M'Intosh, or a majority of them, shall have power and authority to hear and determine all matters which may come before them, relative to roads, bridges, c. as heretofore authorised by law, either in term time, or while sitting for ordinary purposes, as occasion may require Provided, that nothing herein contained, shall prevent the Judge of the Superior court from remitting fines imposed under this act, at a subsequent session of said court. 8. And be it further enacted, That all laws and parts of laws that militate against this act, are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, 1816. AN ACT, To alter and amend an act, entitled, an act, to alter and amend the 12th section of an act, to protect the estates of Orphans, and to make permanent provision for the poor, passed 16th December, 1811. WHEREAS difficulties have arisen from the above recited act, for remedy; BE it enacted by the Senate and House of Representatives

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of the State of Georgia in General Assembly met, That it shall and may be lawful for the Inferior Courts in the several counties of this state, when sitting for Ordinary purposes, to order a sale, which shall be at public auction and on the first Tuesday in the month, at the place of public sales in the said county, first giving sixty days notice thereof in one of the gazettes and at the door of the courthouse in the county where such application shall be made, of such part or the whole of the real estate of every testator or intestate, on application of the executor or executors or executrix, administrator or administrators or administratrix, guardian or guardians, where it is made fully and plainly appear, that the same will be for the benefit of the heirs and creditors of such estate. Provided, that a notice of such application for sale be first made known in one of the gazettes in this state at least nine months before any order absolute shall be made thereupon. 4. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 18th December, 1816. AN ACT, To divorce certain persons therein named. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the civil contracts of matrimony made between Thomas W. Rodman and Ann his wife, William Chauvin and Ann his wife, Mathew Wood and Mourning his wife, James H. Perdue and Catharine his wife, John Battle and Sarah

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his wife, Thomas Mills and Sarah his wife, Lucy Cook and James Cook her husbannd, Susannah Terry David Terry her husband, John Douglass and Jane his wife, Abihu Sewell and Sarah his wife, Polly Martin Joseph John Martin her husband, Polly Royston and John Royston her husband, Rebecca Brady and John Brady her husband, Edmund Jeter and Lucy his wife, Walker Hickman and Martha his wife, Lucy Howard and Martin Howard her husband, Patience Patterson John D. Patterson her husband, Mathew Drake Brizzel and Polly his wife, William Pinder and Rebecca Ann his wife, Clevis Andrews and Elizabeth his wife, and Benjamin Head and Margaret his wife, shall and are hereby declared to be as completely dissolved and annuled, as if no such contracts had been made and entered into between any of the aforesaid parties. Provided nevertheless, That nothing herein contained shall authorise, or be so construed as to authorise, any or either of the offending persons named in this act, again to intermarry with any other person. 3. And be it further enacted by the authority aforesaid, That all the property, real and personal, that was brought into the family of either of the aforesaid female parties at the time of marriage, or did accrue, in consequence of any such intermarriage, not already disposed of, shall, on the passage of this act, revert to and become the property separately of each and every of the said several women herein contained. BENJ. WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 13th December, 1816. AN ACT, To carry into effect the Penal Code of this State, and the Penitentiary System, founded thereon. BE it enacted by the Senate and House of Representatives

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of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That so soon as the Penitentiary now building shall be, by Proclamation of the Governor of this state, declared fit to receive convicts, the Board of Inspectors shall appoint a principal Keeper of the said Pemtentiary, and one or more (at their discretion) deputies, as well as a Turnkey, under the said principal Keeper, to manage and superintend the said Penitentiary and the convicts therein; the same shall be appropriated for the purpose of confining such males and females, as shall be convicted and sentenced to labor and confinement in the said Penitentiary. 2 And be it further enacted by the authority aforesaid, That after the appointment by the Board of Inspectors of a principal Keeper, and two deputies and a turnkey, under him, no further deputy shall be appointed, unless the convicts in the Penitentiary exceed ten in number, to each deputy. That the principal and deputies, and turnkey, shall be removable for misconduct by the Board of Inspectors, and others appointed, and every vacancy in the officers superintending and managing the convicts, shall be supplied by the same authority. 3. And be it further enacted by the authority aforesaid, That the salary of the principal keeper shall be one thousand dollars, payable quarterly;and for each deputy and turnkey, three hundred dollars, payable quarterly, and the principal keeper, deputies and turnkey, shall give good and sufficient security, in such sum as required by the Board of Inspectors, with at least two persons, for each of their good conduct in office, and obedience to, and compliance with the acts, rules and regulations respecting the said Penitententiary, and the convicts therein; and before acting in their respective offices, the said several officers, superintending and managing the interior of the Penitentiary, and the convicts therein, shall swear or affirm as follows:I do most solemnly swear, that I will faithfully, and diligently, execute all the duties required of me, as in the Penitentary; and carry into execution, the laws

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and regulations passed for the said institution, so far as concerns my said office; and I also, most solemnly swear that I will, on no occasion, ill treat or abuse any convict under my care, beyond the punishment ordered by law, or the rules and regulations of the institution. So help me God. 4. And be it further enacted by the authority aforesaid, That every person convicted in any county of this state, of any crime or offence, punishable with confinement in the Penitentiary, shall as soon as possible after conviction, together with a copy of the record of his or her conviction and sentence, be safely removed and conveyed by the Sheriff of the county, or his deputy, to the said Penitentiary, and therein be kept during the term of his or her confinement; and every Sheriff who shall neglect to remove, and safely deliver at the Penitentiary such convict, shall forfeit and pay a sum not exceeding ten thousand nor less than one thousand dollars, to be recovered in any court of record, by action of debt, and the amount when recovered, to be paid over for the use of the Penitentiary; and moreover the said Sheriff shall be indicted for such negligence and offence, and if convicted thereof, shall be removed from office. 5. And be it further enacted by the authority aforesaid, That His Excellency the Governor shall defray the expences of removing, and safely delivering convicts, from the place of conviction to the said Penitentiary; and that the sum allowed the Sheriff for such removal, (according to the distance) and for a guard to attend such removal, shall from time to time, be allowed and fixed, and paid by the Executive. 6. And be it further enacted by the authority aforesaid, That every person confined in the said Penitentiary, and sentenced to be placed and kept in the solitary cells, shall undergo the said sentence under the direction of the Board of Inspectors, who shall have power to direct the [Illegible Text] of all solitary confinement, at such intervals, and in such manner, as they shall judge best. 7. And be it further enacted by the authority aforesaid, That any person convicted in this state, and sentenced

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to the Penitentiary, under the authority of the United States, shall be received in the aforesaid Penitentiary, in such manner and under such conditions, as may be directed by the Board of Inspectors. 8. And be it further enacted by the authority aforesaid, That there shall be a guard appointed for the safety of the said Penitentary, and to keep order, and to enforce the laws and rules, and regulations of the same, when called to the assistance of any officer of the said Penitentiary; the guard shall be provided with lodgings and accommodations, at the said building, and shall consist of not exceeding twenty five men, as exigencies may require, including one [Illegible Text] officer and three Sergeants, and be allowed the following pay and uniform, to wit:To a Subaltern, thirty dollars; to a non-commissioned officer, fifteen dollars, and to each private ten dollars per month, and the same clothing and rations as are allowed the troops in the service of the United States; the officer shall be commissioned by the Governor, and together with non-commissioned officers and privates, shall be under the same rules and regulations, as the militia of this state, when called into actual service; and no person shall be enlisted in the said guard, unless for the term of one year, and not exceeding two; and may be discharged at any time, by the Board of Inspectors, for misconduct; and the officer, for misconduct or neglect of duty, shall be discharged by the Governor; but in either case, shall nevertheless be subject to a trial before a Court Martial composed of the officers of the Militia, to be appointed by the Governor, which said Court shall have power to extend their punishment to confinement in the Penitentiary. 9. And be it further enacted by the authority aforesaid, That there shall be a Board of Inspectors, to direct and order the management and conduct of the offices of the said Penitentiary, and to make such rules and regulations, as may from time to time, be required, so that the same be not repugnant to law; and the said Inspectors shall have one or more rooms appropriated for their use, in the said building, and shall form a Board, with a

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Chairman, at least four stated periods of the year, and at such other times as the said Inspectors may direct; whose duty it shall be, to order and direct the concerns of the said Institution, and dispose of the monies appropriated for the same, or made by the labor of the convictsthere shall always be two acting inspectors, who shall visit the Penitentiary at least twice a week, and strictly inform themselves of the proceedings of the officers, and of the conduct of the convicts. The board shall consist of nine members, though five shall form a board for the purpose of all necessary business, of which the Governor of the state shall be one ex-officio, and when present, preside as chairman. The said nine Inspectors shall be yearly appointed by resolution of the General Assembly, and the Governor shall have power to call the said Inspectors together at any time when circumstances render it necessary. 10. And be it further enacted by the [Illegible Text] aforesaid, That all convicts shall, at the public expence, during the term of their [Illegible Text], be cloathed in habits of coarse materials, uniform in color and make, and distinguishing them from the good citizens of this state; and the males shall have their beards shaven, at least once in every week; and all such offenders shall, during the said term, be sustained upon bread, Indian meal, or other food, at the discretion of the said Inspectors; and shall be allowed seven meals of meat in each week, and shall be kept, as far as may be consistent with their sex, age, health and ability, to labor of the hardest and the most servile kind, in which the work is least liable to he spoiled, by ignorance, neglect, or obstinacy, and where the materials are not easily embezzled or destroyed; and if the work to be performed, is of such a nature as may require previous instruction, proper persons for that purpose, to whom a suitable allowance shall be made, shall be provided by order of any two of the Inspectors; during which labor the said offenders shall be kept separate, and apart from each other, if the nature of their several employments, will admit thereof; and where the nature of such employment requires two or more to work together,

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the keeper of the said Penitentiary, or one of his deputies, shall, if possible, be constantly present. 11. And be it further enacted by the authority aforesaid, That such offenders, unless prevented by ill health, shall be employed in work, every day in the year except Sundays, and such days when they shall be confined in the solitary cells; and the hours of work, in each day, shall be as many as the season of the year, with an interval of half an hour for breakfast, and one hour for dinner, will permit; but not exceeding eight hours in the months of November, December and Januarynine hours in the months of February and October, and ten hours in the rest of the year; and when such hours of work are past, the working tools, implements, and materials, or such of them as will admit of daily removal, shall be removed to places proper for their safe custody, until the hour of labor shall return. 12. And be it further enacted by the authority aforesaid, That the Keeper of the said Penitentiary, shall from time to time, with the approbation of any two of the Inspectors, provide a sufficient quantity of stock and materials, working tools and implements for such offenders; for the expence of which, the said Inspectors, or any two of them, shall be, and they are hereby authorised to draw orders on the Governor of this state, if need shall be, specifying in such orders the quantity and nature of the materials, tools or implements wanted, which order the said Governor, upon his approval, shall draw for by warrant on the Treasury, and the Treasurer is hereby required to discharge, out of any money which may be at the time in the Treasury; for which materials, tools and implements, when received, the said Keeper shall be accountable; and the said keeper shall, with the approbation of any two of the said Inspectors, have power to make contracts with any person whatever, for the clothing, diet, and all other necessaries, for the maintenance and support of such convicts, and for the implements and materials of any kind of manufacture, trade or labor, in which such convicts shall be employed; and for the sale of such goods, wares and merchandizes, as

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shall be there wrought and manufactured; and the said keeper shall cause all accounts concerning the maintenance of such convicts, and other prisoners, to be entered regularly in a book or books, to be kept for that purpose, and shall also keep separate accounts of the stock and materials so wrought, manufactured, sold and disposed of, and the monies for which the same shall be sold; and when sold, and to whom, in books to be provided for those purposes; all which books and accounts shall be at all times open, for the examination of the said Inspectors, and shall be regularly laid before them at their quarterly or other meetings, for their approbation and allowance. 13. And be it further enacted by the authority aforesaid, That if the said Inspectors, at their quarterly or other meetings, shall suspect any fraudulent or improper charges, or any omission in any such accounts, they may examine upon oath or affirmation, the said keeper or any of his deputies, servants or assistants, or any person of whom any necessaries, stock, materials or other things, have been purchased, for the use of the said Penitentiary, or any persons to whom any stock or materials, wrought or manufactured therein, have been sold, or any other person or persons, concerning any of the articles contained in such accounts, or any [Illegible Text] thereout; and in case any fraud shall appear in such accounts, the particulars thereof shall be reported by the said Inspectors to the Governor, who shall act thereon. 14. And be it further enacted by the authority aforesaid, That in all cases where any prisoner, during the term of his or her imprisonment, shall have evinced great industry and obedience, he or she shall have, at the time of his or her discharge, such reasonable part of the nett proceeds of his or her labor, as the Board of Inspectors shall direct; and if any prisoner, at the end of his or her period of confinement, shall labor under any acute or dangerous distemper, he or she shall not be discharged unless at his or her own request, until he or she can be safely discharged. 15. And be it further enacted by the authority aforesaid,

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That no person whatever, except the Keeper, his deputies, servants or assistants, the said Inspectors, Officers and ministers of Justice, Ministers of the Gospel, or persons producing a written license, signed by two of the said Inspectors, shall be permitted to enter within the walls where such offenders shall be confined; and the doors of all the lodging rooms and cells in the said Penitentiary shall be locked, and all light therein extinguished at the hour of eight o'clock in the evening, and one or more watchmen shall patrole the said Penitentiary, at least twice in every hour, from that time until the return of the time of labor in the morning of the next day. 16. And be it further enacted by the authority aforesaid, That the walls of the cells and apartments in the said Penitentiary, shall be white-washed with lime and water, at least four times in every year, and the floors of the said cells and apartments, shall be washed once every week, or oftener, if the said Inspectors shall so direct, by one or more of the said prisoners in rotation, who at the discretion of the said Keeper, shall have an extra allowance of diet for so doing; and the said prisoners shall be allowed to walk and air themselves, for such stated time as their health may require, and the said Keeper shall permit; and if proper employment can be found, such prisoners may also be permitted, with the approbation of two of the said Inspectors, to work in the yard or in making or cultivating a garden, for use and ornament; Provided, such airing and working in the yard be in the presence, or within the view of the said Keeper, or his deputies or assistants. 17. And be it further enacted by the authority aforesaid, That one or more of the apartments of the said Penitentiary shall be fitted up as an Infirmary, and in case any such offender being sick, shall upon examination of a physician, be found to require it, he or she shall be removed to the infirmary, and his or her name shall be entered in a book, to [Illegible Text] kept for that purpose; and when such physician shall report to the said Keeper, that such offender is in a proper condition to quit the Infirmary, and return to his or her employment, such report shall

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be entered by the said Keeper in a book to be kept for that purpose, and the said Keeper shall order him or her back to his or her former labor, so far as the same shall be consistent with his or her state of [Illegible Text] and the Governor or Inspectors shall, from time to time, appoint a physician to attend the said Penitentiary. 18. And be it further enacted by the authority aforesaid, That the keeper of the said Penitentiary, shall have power to punish all such prisoners guilty of assaults within the same, when no dangerous wound or bruise is given; profane cursing and swearing, or indecent behavior, idleness or negligence in work, or wilful mismanagement of it, or of disobedience to the orders or regulations, by confining such offenders in the solitary cells of the same, and by keeping them upon bread and water only, for any time not exceeding two days; and if any such prisoner shall be guilty of any offence within the said Penitentiary, which the said keeper is not hereby authorised to punish, or for which he shall think the said punishment is not sufficient, by reason of the enormity of the offence, he shall report the same to two of the said Inspectors; who, if upon proper enquiry, they shall think fit, shall thereupon order such offences to be punished by close confinement in the said solitary cells, with bread and water only for sustenance, for any time not exceeding six days. 19. And be it further enacted by the authority aforesaid, That the Board of Inspectors, at their quarterly or other meeting, shall make such other and further orders and regulations, for the purpose of carrying this act into execution, as they may deem proper; and such orders and regulations shall be hung up in at least six of the most conspicuous places in the said [Illegible Text] and if the said keeper, or any of his deputies or assistants, shall obstruct or resist the said Inspectors, or any of them, in the exercise of the powers and duties vested in them by this act, such person shall forfeit and pay the sum of one hundred dollars, to be recovered by action of debt, and moreover shall be liable to be removed from his respective office or employment in the said Penitentiary.

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20. And be it further enacted by the authority aforesaid, That if any offender sentenced to hard labour shall escape, he or she shall be indicted for an escape, and on conviction thereof, suffer such additional confinement and bard labor, agreeably to the directions of the Penal Code, as the Court in which [Illegible Text] offender shall have been convicted, shall judge and direct. 21. And be it further enacted by the authority aforesaid, That no spirituous or fermented liquors shall be introduced into the said Penitentiary, except only such as the said Keeper shall make use of in his own family, or such as may be required for any prisoner in a state of illhealth, and for such purpose prescribed by an attending physician, and delivered into the hands of such physician or other person appointed to receive them; any person so offending shall forfeit and pay the sum of twenty dollars, one [Illegible Text] thereof to the use of the person suing, the other moiety to be paid to the said Inspectors for the purposes in this act contained. 22. And be it further enacted by the authority aforesaid, That the trial of prisoners escaping from the Penitentiary, shall be had for such escape before the Superior Court of Baldwin county; and prisoners so escaping, shall remain in the Penitentiary and be treated as other convicts, after their apprehension, until such trial shall take place; upon which trials, the copies of the records transmitted to the Keeper of the [Illegible Text] relative to the former trials of such prisoners, shall be produced and filed of record in the said Superior court. 23. And be it further enacted by the authority aforesaid, That the Board of Inspectors may contract with the said Keeper, or with any other person or persons, for the diet and clothing of the prisoners; for the purchase of materials, tools and implements, and for the sale of wares and merchandize manufactured within the said Penitentiary, on such terms as to them shall seem most advisable for the public interest, and from time to time shall make such reasonable allowances or commissions on the objects aforesaid, as they shall deem proper. 24. And be it further enacted by the authority aforesaid,

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That the keeper shall compel every prisoner to perform his daily labor, unless such prisoner shall have been placed on the list of invalids by the Physician, whose duty it shall be to visit the Penitentiary once in every day. (Sundays excepted) from the first of July to the first of November, once in two days the residue of the year, for the purpose of examining the convicts as to their health and ability to work. 26. And be it further enacted by the authority [Illegible Text] That in all cases where the public service requires articles manufactured, or to be manufactured by the convicts, the same shall be delivered or manufactured on the requisition of the Governor, given in writing, to the board of Inspectors; who shall thereupon order the same to be made or delivered. 27. And be it further enacted by the authority aforesaid, That the following rules and regulations, shall beadopted by the board of Inspectors, and the officers appointed for the said Penitentiary. RULES AND REGULATIONS, FOR THE INTERNAL GOVERNMENT OF THE PENITENTIARY. 1. And be it further enacted by the authority aforesaid, That it shall be the duty of the keeper, upon the receipt of any convict, to take his or her height, and cause the same to be entered in a book, in which he shall also note when such convict was received, his or her name, age, complexion, colored hair and eyes, the county in which he or she was convicted, the nature of the crime, period of confinement, what portion of that period in solitude, [Illegible Text] [Illegible Text] place of his or her nativity. [Illegible Text] [Illegible Text] And be it further enacted by the authority aforesaid, That every prisoner shall be carefully searched and deprived of any instrument by which he or she may effect his or her escape, before he or she is received into the Penitentiary. 3. And be it further enacted by the authority aforesaid, That solitary confinement, may in all cases be dispensed with, where, in the opinion of the keeper, the

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state of any prisoner's health, or the interest of the [Illegible Text] may render it expedient to do so, subject to the board of Inspectors. 4. And be it further enacted by the authority aforesaid, That the particular employment of each prisoner, shall be such as the keeper may consider best adapted to his or her age, sex and state of health; having due regard to that employment which is the most profitable. The keeper shall deliver out the materials, and receive the work by weight or measure, as far as practicable, in order to prevent embezzlement or waste.He shall cause each assistant to keep a book, in which shall be entered, opposite the name of every prisoner in his ward, the quantity of raw materials delivered out to him or her in any week; and regularly enter under each day of the week, the work which has been completed on that day. At the end of the week, the labor of each convict shall be ascertained; and any convict who shall be found remiss or negligent in performing the work required, to the best of his or her power and abilities, or who shall wilfully waste, damage or embezzle the said materials, or any part thereof, shall be severely punished as directed by law. 5. And be it further enacted by the authority aforesaid, That the males and females, shall at all times be kept separate and apart. 6. And be it further enacted by the authority aforesaid, That the keeper shall take care that the prisoners wash themselves every morning and before meals, and put on clean linen at least once a week, (when all the males shall have their beards close shaved) and that their apartments be swept every morning and [Illegible Text] during the summer and fall seasons, once a week or oftener, with tar and vinegar. 7. And be it further enacted by the authority aforesaid, That the keeper shall permit no person, (except the Inspectors of the Penitentiary and others, authorized by law) to go into the Penitentiary house, without a written licence from an Inspector. In all cases of permits to visit the Penitentiary, the names of the parties

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permitted to visit, ought to be inserted in the licence for that purpose. And where a person wishes to visit a friend or connexion, who may be a prisoner in the Penitentiary, it must be so expressed in the permit, if the fact can be ascertained. If the applicant to visit, be of [Illegible Text] bad character, or have been frequent in making applications, or shall have been detected in any improper intercourse with any of the prisoners, or if the conduct of the prisoner whom he or she may wish to see, has not been uniformly correct, the keeper may refuse admittance beyond the inner gate, or prevent the parties from conversing, except through the aperture of said gate; notwithstanding a permit may have been obtained to visit the interior of the Penitentiary. An indulgence to a person to visit a friend or connexion, within the interior of the Penitentiary, can only be the result of good conduct in both parties; and when such indulgence is granted, the keeper, or one of his assistants, shall always be present. No letter, or other communication in writing, shall be suffered to go in or out of the said Penitentiary, until the same shall have been examined and approved by the keeper; nor shall any person, without his consent, carry any thing in or out, for the use of the prisoners. 8. And be it further enacted by the authority aforesaid, That the keeper shall cause all the rooms and cells to be numbered, and divided into so many wards, as there may be assistants; alloting to each ward, as nearly as may be, an equal number of rooms and cells, and one of the said wards to each assistant; whose duty it shall be, under the direction of the keeper, to examine every evening the doors, windows, beds, and rooms of the prisoners, belonging to his ward; to search and lock them up before dark, and not suffer them to carry into their apartments, any instrument, that may assist them in escaping; and also, to extinguish carefully, all the fire in the work rooms. 9. And be it further enacted by the authority aforesaid, That the keeper shall not suffer more than one of the convicts at a time, to approach the Inspectors or other persons permitted to go into the Penitentiary, nor any

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convicts to listen to any thing such persons are saying, except when spoken to and desired to pay attention. 10. And be it further enacted by the authority aforesaid, That the keeper shall not suffer any kind of gaming in the Penitentiary house, either among the convicts or his assistants; nor cursing or swearing, or other profane language. 11. And be it further enacted by the authority aforesaid, That the keeper shall cause the yard of the Penitentiary house, to be kept free from horses, cows, goats, hogs and fowls, and the necessary to be kept inoffensive. 12. And be it further enacted by the authority aforesaid, That it shall be the duty of the keeper, on the receipt of each prisoner, to read to him, or her, such parts of the penal laws of this state, as impose penalties for escapes, and to make all the prisoners in the Penitentiary, acquainted with the same. It shall also be his duty, on the discharge of each prisoner, to read to him, or her, such parts of the said laws, as impose additional punishments, for the repetition of offences. 13. And be it further enacted by the authority aforesaid, That it shall be the duty of the keeper, carefully to inspect the moral conduct of the prisoners; to furnish them with such moral and religious books, as shall be recommended by the inspectors, to procure the performance of divine service on Sundays, as often as may be, and to enjoin a strict attention, to all the rules of the institution. 14. And be it further enacted by the authority aforesaid, That the keeper shall, from time to time, distribute among the prisoners, such cheap books, as he may deem best calculated to improve the mind and meliorate the heart; and the acting inspectors shall report to the executive, such of the convicts, as may distinguish themselves for their industry, and good morals, and who by an examplary line of conduct, may have evinced a total reformation. 15. And be it further enacted by the authority aforesaid, That it shall be the duty of the turnkey, and

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assistants, to continue at all times in the Penitentiary all night, and to keep watch in such manner, as the keeper shall direct. 16. And be it further enacted by the authority aforesaid, That it shall be the duty of the keeper, to cause the clothes of the prisoners, when received in the Penitentiary, to be washed and carefully put away, putting a ticket with their names to each, to be returned them on their discharge; or if it should be the wish of any of the prisoners, that their clothing should be sold, he shall dispose of them to the best advantage; and retain the money arising from such sale, to be returned to such prisoners on their discharge. 17. And be it further enacted by the authority aforesaid, That the clothing annually furnished the prisoners, shall consist, for each male, of one short coat, and one pair of overalls, made of blue cloth, and one waistcoat made of brown, two pair of shoes, two pair of yarn stockings, two shirts, and two pair of trowsers, made of oznaburgs or homespun; and for each female, of two short gowns, and two petticoats, made of blue plains; two shifts, and two petticoats, made of oznaburgs, two pair of shoes, two pair of yarn stockings, and two blue linen or cotton neck handkerchiefs. 18. And be it further enacted by the authority aforesaid, That the diet of the prisoners, shall be such as directed by the board of inspectors, and the provisions shall be sound and wholesome, and served at the ringing of a bell, at the sound of which, all the prisoners shall assemble, except the sick, who shall be furnished agreeably to the directions of the attending physician. 19. And be it further enacted by the authority aforesaid, That the acting inspectors are requested, at the expiration of their respective terms of service, as such, to make a report to the executive, of the manner in which the foregoing rules shall have been carried into effect, during the time of their visitation at the Penitentiary House. 20. And be it further enacted by the authority aforesaid, That a Committee of both branches of the Legislature,

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shall at each session, be appointed to visit the Penitentiary, and strictly examine the concerns of the said institution, and investigate the conduct of the officers, and the rules and regulations of the Penitentiary, and especially report thereon. 21. And be it further enacted by the authority aforesaid, That where any convict confined in the Penitentiary, is a witness in any civil cause, depending in any court of this state, and his testimony required, the same shall be taken by commission, and read at the trial of such civil cause, and in no civil case shall such convict be removed from the Penitentiary, to give personal attendance at court. But before such commission issues, the party, or his, or her, attorney, requiring such commission, shall file an affidavit, with the record of the proceedings, that the convict to be examined, is a material witness in the cause. BENJAMIN WHITAKER, Speaker of the House of Representatives, WILLIAM RABUN, President of the Senate, D. B. MITCHELL, Governor. Assented to, 19th December, 1816. AN ACT, To reform the Penal Code of this State, and to adapt the same to the Penitentiary System. WHEREAS the liberty of the citizens depends upon the excellence of criminal laws, and the proportion of punishments as nearly as may be, to the different degrees of offences:and Whereas sanguinary and cruel pnishments, are only suited to despotic and arbritrary governments, and are totally incompatible with the principles of leniency and moderation which should distinguish the republican, above all other political institutions: And whereas the adaptation of the Penal Code, to the Penitentiary system, is

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[Illegible Text], and has been proved by experience, to be the most moral, efficacious, and merciful plan of punishment; BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That so soon as the Penitentiary Edifice of this State, shall by Proclamation of the Governor, be declared in a fit condition for the reception of convicts, the following Code shall be considered in full and complete operation. FIRST DIVISION. PERSONS CAPABLE OF COMMITTING CRIMES. 1. A crime or misdemeanor, shall consist in a violation of a public law, in the commission of which, there shall be an union or joint operation of act and intention. 2. Intention will be manifested by the circumstances connected with the perpetration of the offence, and the sound mind and discretion of the person accused. 3. A person shall be considered as of sound mind, who is of a proper age to know the distinction between good and evil; or who, upon being interrogated, has a correct conception of the offence, with which he or she is accused. 4. An infant of such tender years, as to render it improbable that he or she should be impressed with a proper sense of moral obligation, or of sufficient capacity, deliberately to have committed the offence, shall not be considered or found guilty of any crime or misdemeanor. 5. A Lunatic shall not be found guilty of any crime or misdemeanor, committed by him or her, whilst in the condition of insanity. 6. An Ideot shall not be found guilty or punished [Illegible Text] any crime or misdemeanor, with which he or she may be charged. 7. Any person counseling, advising or encouraging

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an infant of such tender years, lunatic or ideot to commit an offence, shall be prosecuted for such offence as principal, and if found guilty, shall suffer the same punishment as would have been inflicted on said infant, lunatic or ideot, if he or she had possessed discretion and found guilty. 8. A Femme Covert, or married woman, acting under the threats, command or coercion of her husband, shall not be found guilty of any crime or misdemeanor, not punishable by death or perpetual imprisonment; and with this exception, the husband shall be prosecuted as principal, and receive the punishment which otherwise would have been inflicted on the wife, if she had been found guilty: Provided, it appears from all the facts and circumstances of the case, that violent threats, command and coercion were used. 9. Drunkeness shall not be an excuse for any crime or misdemeanor, unless such drunkeness was occasioned by the fraud, artifice or contrivance of other person or persons, for the purpose of having a crime perpetrated; and then the person or persons so causing said drunkeness for such malignant purpose, shall be considered a principal, and suffer the same punishment as would have been inflicted on the person committing the offence, if he or she had been possessed of reason and sound discretion. 10. A person shall not be found guilty of any crime or misdemeanor, committed by misfortune and accident, and where it satisfactorily appears there was no design or intention. 11. A slave committing a crime not punishable with death or perpetual imprisonment, by the threats, command or coercion of his or her owner, or any person exercising or assuming authority over such slave, shall not be found guilty; and it appearing from all the facts and circumstances of the case, that the crime was committed by the threats, command and coercion of the owner, or person exercising or assuming authority over such slavehe or she, the said owner or person, shall be prosecuted for, and if found guilty of the crime, shall suffer the

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same punishment as he or she, the said owner or other person would have incurred, if he or she had actually committed the offence with which the slave is charged. 12. A person committing a crime or misdemeanor, under threats and menaces, which sufficiently shew that his or her life or member was in danger, shall not be found guilty, and such threats and menaces being proved and established, the person or persons compelling by them the commission of the offence, shall be considered a principal, and suffer the same punishment as if he, she or they, had perpetrated the offence. SECOND DIVISION. ACCESSORIES IN CRIMES. 1. An accessory, is he who stands by, aids and assists, or who not being present, aiding, abetting or assisting, hath advised and encouraged the perpetration of the crime. He or she who thus aids, abets or assists, or advises, or encourages, shall be called a principal in the second degree. 2. An accessory, is also a person who, after full knowledge that the crime has been committed, conceals it from the Magistrate, or harbors and protects the person charged with, or found guilty of the crime. He or she, who thus conceals the offence, or harbors and protects the person guilty of it, shall be called a principal in the third degree. THIRD DIVISION. CRIMES AGAINST GOD. 1. A belief in the providence of God, his existence and superintending agency, in the concerns of individuals, and the destinies of nations, being essential to the happiness and morality of the people, the prosperity and welfare of the republiccrimes against God, shall therefore consist: In denying his existence, or a future state of rewards and punishments.

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2. Denying of God, or a future state of rewards and punishments, shall be punished, upon conviction, with being incapacitated to give testimony in a Court of Justice, or of serving in any office of honor, profit or trust in this state. FOURTH DIVISION. CRIMES' AGAINST THE STATE AND THE PEOPLE. 1. Crimes against the state and its people, shall consist in Treason in the first degree and second degree.Exciting or attempting to excite an insurrection or revolt of slaves. 2. Treason in the first degree, shall consist in levying war against the state, in the same, or being adherent to the enemies of the state, within the same, giving to them aid and comfort in this state or elsewhere; and thereof being legally convicted of open deed, by two or more witnesses or other competent and credible testimony, or a voluntary confession; these cases shall be adjudged treason against the state and people. Treason in the first degree shall be punished with death. 3. Treason in the second degree, shall consist in the knowledge and concealment of treason, without otherwise assenting to or participating in the same. The punishment of treason in the second degree, shall be solitary confinement, or hard labor, in the penitentiary, for any term not less than three years, nor longer than seven years. 4. Exciting an insurrection or revolt of slaves, or any attempt by writing, speaking or otherwise, to excite an insurrection or revolt of slaves, shall be punished with death. FIFTH DIVISION. CRIMES AND OFFENCES AGAINST THE PERSONS OF CITIZENS OR INDIVIDUALS. 1. Murder, is the killing of a human being with malice, express or implied.

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2. Express malice, is that deliberate intention to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. 3. Malice shall be implied where no considerable provocation appears, and where all the circumstances of the killing shew an abandoned and milignant heart.The punishment of murder shall be death. 4. Murder shall be denominated homicide in the first degree. 5. Manslaughter, is homicide in the second degree. Manslaughter is the killing of a human creature without malice, express or implied, and without any mixture of deliberation whatever. It must be voluntary, upon a sudden heat of passion; or involuntary, in the commission of an unlawful act, or a lawful act, without due caution and circumspection. 6. In all cases of voluntary manslaughter, there must be some actual assault upon the person killing, or an attempt by the person killed, to commit a serious personal injury on the person killing. Provocation by words, threats, menaces or contemptuous gestures, shall be in no case sufficient to free the person killing, from the guilt and crime of murder. The killing must be the result of that sudden violent impulse of passion, supposed to be irresistable; for if there should appear to have been an interval between the assault or provocation given, and the homocide, sufficient for the voice of reason and humanity to be heard, the killing shall be attributed to deliberate revenge, and punished as murder. 7. Voluntary manslaughter shall be punished by confinement, or labor, or solitude, in the Penitentiary, for a term not less than one year, nor longer than five years. 8. Involuntary manslaughter, shall consist in the killing of a human being, without any intention to do so; but in the commission of an unlawful act, or a lawful act, which probably might produce such a consequence. 9. Involuntary manslaughter, in the commission of an unlawful act, shall be punished by confinement or labor, or solitude in the penitentiary, for a term not less than six months, and not longer than three years.

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10. Involuntary manslaughter in the commission or performance of a lawful act, where there has not been observed necessary discretion and caution, shall be punished by confinement or labor, or solitude in the penitentiary, for a term not less than three months, and not longer than one year. 11. In all cases of voluntary or involuntary manslaughter, the jury may recommend the commutation of the punishment in the penitentiary, for that of confinement in the common jail of the county where the offence may have been committed, and a fine to be imposed at the discretion of the court, which fine shall be paid to the Clerk of the Inferior court, for the use of the poor of the county where the conviction takes place. 12. There being no rational distinction between excusable and justifiable homicide, it shall no longer exist. Justifiable homicide, is the killing of a human being in self defence, or in defence of habitation, property or person, against one who manifestly intends or endeavors by violence or surprise, to commit a known felony, such as murder, rape, robbery, burglary, and the like, upon either. 13. A bare fear of any of these offences, to prevent which the homicide is alleged to have been committed, however well grounded such apprehension may be, will not justify or warrant the killing; there must be an actual danger at the time, and the felony must have been intended. 14. If a person invades or trespasses on the property or habitation of another, not with an intention to commit a felony, the killing shall be murder, manslaughter or justifiable homicide, according to the circumstances of the case. 15. If a person kills another in his defence, it must appear that the danger was so urgent and pressing, that in order to save his own life, the killing of the other was absolutely necssary; and it must appear also, that the person killed was the assailant. 16. In no case shall a person justify the killing of another, under the pretence of necessity, unless he were

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wholly without fault, imputuable by law, in bringing that necessity upon himself. 17. Killing a slave in the act of revolt, or when the said slave resists a legal arrest, shall be justifiable homicide. 18. In all cases the killing or maiming a slave or person of color, shall be put upon the same footing of criminality as the killing or maiming a white man or citizen. 19. If after persuasion, remonstrance or other gentle measures used, a forcible attack and invasion on the property or habitation of another, cannot be prevented, it shall be justifiable homicide to kill the person so forcibly attacking and invading on the property or habitation of another; but it must appear, that such killing was absolutely necessary to prevent such attack and invasion, and that a serious injury was intended or might accrue to the person, property or family of the person killing. 20. All other instances which stand upon the same footing of reason and justice as those enumerated, shall be justifiable homicide. 21. The homicide appearing to be justifiable, the person indicted, shall upon his trial, be fully acquitted and discharged. 22. If any woman shall endeavor privately, either by herself or the procurement of others, to conceal the death of any issue of her body, male or female, which, if it were born alive, would by law be a bastard, so that it may not come to light, whether it was murdered or not, every such mother, being convicted thereof, shall suffer an imprisonment at hard labor or in solitude in the penitentiary, for any time not exceeding one year. 23. If the same indictment charges any woman with the murder of her bastard child, as well as with the offence in the preceding section; the jury by whom such woman shall be tried, may either acquit or convict her of both offences; or find her guilty of one and acquit her of the other; and if any person shall counsel, advise or direct such woman to kill the child she is pregnant or goes with, and after she is delivered of such child she kills it; every such person so advising or directing, shall

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be deemed accessory to such murder, and shall have the same punishment as the principal shall have. 24. The constrained presumption, arising from the concealment of the death of any child, that the child whose death is concealed, was therefore murdered by the mother, shall not be sufficient or conclusive evidence to convict the person indicted, of the murder of her child, unless probable proof be given, that the child was born alive, nor unless the circumstances attending it shall be such as shall satisfy the minds of the jury, that the mother did wilfully, and maliciously, destroy and take away the life of such child. 25. If any person shall be charged with voluntary or involuntary manslaughter, happening in consequence of an unlawful act, it may be lawful for the Attorney or Solicitor General, to wave the felony by leave of the court, and to proceed against, and charge such person with a misdemeanor, and such person on conviction for said misdemeanor, shall be punished by paying a fine, to be appropriated as the court may direct, or the jury recommend, not exceeding one thousand dollars; and the Attorney or Solicitor General may, without obtaining the leave of the court, charge the felony and the misdemeanor in the same indictment; and the jury by whom the said person shall be tried, may find said person guilty of either charge. 26. Mayhem shall consist in depriving a person, free or a slave, of a member, or disfiguring or rendering it useless. 27. If any person shall unlawfully cut out or disable the tongue, put out an eye, slit the nose, ear or lip, or cut off or disable any limb or member of another, with intention in so doing to maim or disfigure such person, or shall voluntarily, maliciously and of purpose, pull or put out an eye or eyes, while fighting or otherwise, every such person shall be guilty of mayhem. 28. A person convicted of cutting out or disabling the tongue, with the intention as expressed in the previous section, shall be punished by confinement and hard labor

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in the Penitentiary, for a term not less than two years nor longer than seven years. 29. A person convicted of putting out an eye, with the intention, or voluntarily and maliciously, as before expressed, in fight or otherwise, shall be punished by confinement and hard labor in the Penitentiary, for any time not less than one year nor longer than five years.And a person convicted of putting or pulling out the eyes of another, or the eye of another, having but one eye, with a similar intention, or voluntarily or maliciously, while fighting, or otherwise, shall be punished by solitary confinement and labour, for and during the term of his natural life. 30. A person convicted of biting, slitting or cutting off the nose, ear or lip of another, with the intention as before expressed, shall be punished by confinement and labor in the Penitentiary, for a term not less than one year nor longer than three years. 31. A person convicted of cutting off or disabling any limb or member of another, not herein designated, with the intention as before expressed, shall be punished by imprisonment and labour in the Penitentiary, for a term not less than one year nor longer than five years. 32. Rape is the carnal knowledge of a female, forcibly and against her will. 33. Rape shall be punished by an imprisonment at hard labor in the Penitentiary, for a term not less than two years nor longer than twenty years, as the jury may recommend. 34. An attempt to commit a rape shall be punished by imprisonment at hard labor in the Penitentiary, for a term not less than one year nor longer than five years, as the jury may recommend. 35. Sodomy and Bestiality, shall be punished by imprisonment at hard labour in the Penitentiary, during the natural life or lives of the person or persons convicted of these detestable crimes. 36. An attempt to commit Sodomy, shall be punished by imprisonment at hard labour in the Penitentiary for

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a term not less than two years nor longer than three years. 37. An assault, is an attempt to commit a violent injury on the person of another. 38. A bare assault shall be punished by fine or imprisonment, in the common jail of the county, at the discretion of the court. 39. An assault with an intent to murder, by shooting at, or stabbing, or using any weapon likely to produce death, shall be punished by fine at the discretion of the court, and by imprisonment at hard labor in the Penitentiary, for a term not less than one year nor longer than five years, as the jury may recommend. 40. All other assaults upon, or attempts against persons, not mentioned or enumerated in this code, but heretofore indictable offences, shall be punished by fine or imprisonment in the common jail of the county, where the offence has been committed, at the discretion of the court. 41. Battery is the unlawful beating of another. 42. Battery shall be punished by fine or imprisonment, or both, at the discretion of the court, in the common jail of the county where the offence may have been committed; and in aggravated cases, requiring greater severity, the court may, upon the recommendation of the jury, punish the offender by an imprisonment in the Penitentiary at hard labour, for any term not less than six months nor longer than one year. 43. False imprisonment is a violation of the personal liberty of a free white person or citizen, and consists in confinement or detention, without sufficient legal authority. 44. The arrest, confinement or detention of a person or a citizen, by another, having no process, warrant or legal authority to justify it, shall be punished by fine and imprisonment in the common jail of the county where the offence may have been committed, or either, at the discretion of the court; and in all cases of an aggravated nature, the court may, on the recommendation of the jury, order an imprisonment in the [Illegible Text], for any term not longer than two years.

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45. The arrest, confinement or detention of a free person or citizen, by the warrant, mandate or process of a magistrate, being manifestly illegal, and shewing malice, oppression and gross ignorance of duty, the said magistrate shall be removed from office, and be fined, and imprisoned in the common jail of the county where the offence may have been committed. 46. All other crimes or offences against the persons of citizens not mentioned or enumerated in this Code, but heretofore subject to prosecution by the laws adopted or in force in this state, shall in future be punished by fine and imprisonment, or either, in the common jail of the counties where said crimes and offences may have been committed, or by imprisonment at labor, or in solitude, in the penitentiary, as the juries may think proper to recommend. SIXTH DIVISION. CRIMES AND OFFENCES AGAINST THE HABITATIONS OF CITIZENS. 1. Crimes against the habitations of citizens, shall consist of1st, Arson, and 2d, Burglary. 2. Arson is the malicious and wilful burning of the house, or out-house of another citizen. 3. Burning or setting fire to, or attempting to burn a house in a city, town or village, shall be punished with death. 4. Burning a dwelling house on a farm or plantation or elsewhere, (not in a city, town or village) shall be punished by imprisonment at hard labor in the penitentiary, for any time not less than two years, nor longer than five years. 5. Setting fire to a dwelling house, with intent to burn the same, on a farm, or plantation or elsewhere, (not in a city, town or village) shall be punished by imprisonment at hard labor in the penitentiary, for a term not less than one year, nor longer than two years. 6. Burning an out house, such as a barn, stable or any other house, on a farm or plantation, or elsewhere,

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(not in a city, town or village) shall be punished by imprisonment at hard labor, for any time not less than one year, nor longer than two years. 7. Setting fire to an out-house, as before described, shall be punished by imprisonment at hard labor in the penitentiary, for any term not less than one year, nor longer than two years. 8. The crime of burning shall be complete, when the house is consumed, or generally injured. 9. The offence of setting fire to a house, shall be complete, when any attempt is made to burn, though no material injury is the consequence. 10. Arson, in the day time, (except when committed in a city, town or village,) shall be punished with a shorter period of imprisonment, at hard labor in the penitentiary, at the discretion of the court, than Arson committed in the [Illegible Text]. 11. Arson, committed elsewhere than in a city, town or village, which produces the death of any person, shall be punished with the death of the person or persons, committing the Arson. 12. Burglary, is the breaking or entering, into the dwelling or mansion house, with intent to commit a felony:All out-houses, contiguous to, and within the curtilage, or protection of the mansion house, shall be considered as parts of the mansion or dwelling-house. A hired room or apartments in a public tavern, inn or boarding-house, shall be considered as the dwelling house of the person or persons occupying and hiring the same. Burglary may be commited in the day, or night. 13. Burglary in the day-time, shall be punished with an imprisonment at hard labor in the penitentiary, for any time not less than one year, nor longer than five years. 14. Burglary in the night, shall be punished by imprisonment at hard labor, in the penitentiary, for any time not less than one year, nor longer than seven years. SEVENTH DIVISION. OF CRIMES AND OFFENCES RELATIVE TO PROPERTY. Sec. 1. Robbery is the open and violent taking of

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money or goods, from the person of another, by force, or intimidation. 2. Robbery by open force and violence, shall be punished by restitution of the goods so stolen, or the value thereof, at the time of such taking, and by imprisonment in the penitentiary at hard labor, or in solitude, for any time not less than one year, nor longer than five years, as the jury may recommend. 3. Robbery by intimidation, or without using force and violence, shall be punished by the restitution of the goods so stolen, or the value thereof, at the time of such taking, and by imprisonment in the penitentiary at hard labor or in solitude, for any time not less than one year, nor longer than three years, as the jury may recommend. 4. If the offender has no goods, effects or estate, then the confinement shall be greater than the discretion of the court would otherwise impose. 5. Theft, or Larceny, as contradistinguished from robbery, by violence, force or intimidation, shall consist of1st, Simple theft, or Larceny2d, Theft, or Larceny, from the person3d, Theft, or Larceny, from the house4th, Theft, or Larceny, after a trust or confidence has been delegated, or reposed. 6. Simple Larceny, is the feloniously taking and car-carrying away, the personal goods of another. 7. Simple Larceny shall embrace every theft which deprives another of his property, or of those means or muniments, by which the right and title to property, may be ascertained. 8. Horse stealing, shall be denominated simple Larceny, or theft. 9. The term horse, shall include the animal of both sexes, and without regard to the alterations which may be made by artificial means. 10. Under the head of horse-stealing, shall be included the theft of mule, or ass, or any animal the hoof of which is not cloven. 11. The offence shall in all cases, be charged as horse-stealing, but the indictment shall designate the sex of the

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animal, and give any other descriptions by which its identity may be ascertained. 12. The stealing or theft, of a horse, mule or ass, shall be punished by the restitution of the animal stolen, or the value thereof at the time of such taking, and imprisonment at hard labor, in the penitentiary, for any time not less than one year, nor longer than five years. 13. The stealing of horses, mules, or asses, shall be punished by the restitution of the animal stolen, or the value thereof at the time of such taking, and imprisonment at hard labor, in the penitentiary, for any time not less than two years, nor longer than seven years. 14. If the offender hath no property, wherewith to pay the said value, then the imprisonment, at hard labor, shall be enlarged to any period, as the jury may recommend, but within the terms before prescribed. Provided, such enlarged period of imprisonment, would not have been inflicted, if the said retribution had been made. 15. Cattle stealing, shall include the theft, or larceny of any horned animal, or animals, and all animals having the hoof cloven, except hogs. 16. The indictment, shall sufficiently described the animal, or animals, falling under the preceding section, so that it, or they may be ascertained and identified by the owner, or owners thereof. 17. The stealing of one animal, under the before given description of cattle, shall be punished by paying to the owner, the value of the animal, and imprisonment in the common jail of the county where the offence may have been committed, or at hard labor, in the penitentiary, as the jury may recommend, for any time not less than six months, nor longer than one year. 18. The stealing of animals, under the foregoing description of cattle, shall be punished by restitution, or paying to the owner or owners, the value of the animals so stolen, and imprisonment at hard labor, in the Penitentiary, for any time not less than one year, nor longer than two years, as the jury may recommend. 19. If the offender or offenders, should not have wherewith to pay the aforesaid value, the punishment may be

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enlarged by the court, as the jury may recommend, to the same discretionary extent, as is given for a similar incapability, in the case of horse-stealing. 20. The stealing of a hog, shall be punished by paying to the owner its value, and imprisonment in the common jail of the county, where the offence may have been committed, for any time, not less than one month, nor longer than six months. 21. The stealing of hogs, shall be punished by paying to the owner, or owners thereof, the value of said hogs, and by imprisonment in the common jail of the county, or in the penitentiary, at hard labor, for any time not less than nine months, nor longer than two years, as the jury may recommend. 22. If the offender or offenders, have not wherewith to pay the said value, the court may, on the recommendation of the jury, exercise the same discretionary power, as is given in the preceding sections, in the cases of horse and cattle stealing. 23. If any person or persons, shall alter or charge the marks or brands, of any animal or animals before mentioned, with an intention to claim the same, or to prevent identification by the true owner, or owners thereof, the person or persons, so offending, shall suffer the same punishment, and the court shall exercise the same discretion, on the recommendation of the jury, as is inflicted and given, for the theft of the said animal or animals. 24. All other domestic animals, or creatures, which are fit for food, may be subjects of larceny. 25. The punishment for the theft of such domestic animals, or creatures, which are fit for food, shall be by fine or imprisonment, or both, in the common jail of the county, as the jury may recommend. 26. Larceny may be committed of writings relating to the real or personal estate. 27. If any person shall take and carry away any paper or papers, documents, deeds or other writings, relating to real estate, with an intention to impair, prevent or render difficult, the establishment of a title, to real or

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personal estate, or mutilate, cancel, burn, or otherwise destroy [Illegible Text] papers, documents, deeds or [Illegible Text], with the same intention, such person shall be considered guilty of simple larceny, or theft, and punished by imprisonment in the [Illegible Text], at hard labor or in solitude, for any [Illegible Text] not less than one year nor longer than two years, as the jury may recommend. 28. The theft of a bond or bonds, note or notes, bank bill or bills, or any paper or papers, securing the payment of money, or of a receipt or receipts, or any paper or papers, operating as a discharge for the payment of money, shall be punished in the same manner as the theft of the money the said bond or bonds, note or notes, bill or bills, or other papers were meant to secure; or, of the money the said receipt or [Illegible Text], or other paper or papers were meant to discharge the payment thereof; the punishment for this larceny shall be [Illegible Text] at hard labor, in the Penitentiary, or in solitude, for any time not less than one year, nor longer than three years, as the jury may recommend. 29. Theft or larceny may be committed of any thing or things, which in the language of the law, savours of the reality, or of any fixture or fixtures, and the punishment shall be fine or imprisonment, or both, in the common jail of the county, or in the Penitentiary, at labor or in solitude, as the jury may recommend. 30. Plundering or stealing from a vessel in distress or from a wreck, within the jurisdictional limits of this state, shall be punished by restitution to the owner or owners, the value of the goods or property stolen or plundered, and also imprisonment at hard labour in the Penitentiary for any time not less than one year, nor longer than five yearsAnd if the offender or offenders hath or have not wherewith to pay the value, then he or they shall be punished by an imprisonment at hard labor, for any time not less than five years nor longer than seven years, as the jury may recommend. 31. If an officer or servant or other person employed n a Bank, deriving its charter from the Legislature of this state, shall steal, secrete, or [Illegible Text], or runaway

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with, any note or notes, bank bill or bills, warrant or warrants, bond or bonds, deed or deeds, [Illegible Text] or securities, draft or drafts, check or checks, money or effects, entrusted with him or the directors of said Bank, such offender shall be punished by imprisonment at hard labor or in solitude, in the [Illegible Text], for any time not less than three years nor longer than seven years, as the jury may recommend. 32 Any person or persons who shall feloniously take and carry away a slave, shall be panished by paying the owner of said slave the value of [Illegible Text] slave, and also by imprisonment at hard labor in the Penitentiary, for any time not less than three years nor longer than five yearsand if the offender or offenders have no estate or effects, out of which the said value can be paid, then the said offender or offenders, shall be punished, by confinement in the Penitentiary, at hard labour or in solitude, for any time not less than five years nor longer than seven years, as the jury may recommend. 33. Any person or persons, who shall felomously take and carry away slaves, shall pay to the owners of said slaves their value, and also be imprisoned at hard labor or in solitude in the Penitentiary, for any time not less than three years nor longer than seven years, as the jury may recommend. 34. If any person or persons shall by any enticement, or by giving a pass, or by any other means, induce a slave or slaves to runaway from his, her, or their owner or owners, with an intention feloniously to sell said slave or slaves, or otherwise to deprive the said owner or owners of the services of said slave or slaves, such person or persons, so offending, shall pay the value of said slave or slaves, to the owner or owners thereof; and also be punished by imprisonment at hard labor for any time not less than three years nor longer than seven years, as the jury may recommend. 35. All larcenies or simple thefts of the personal goods of others, not mentioned or particularly designated in this code, shall be punished by imprisonment in the [Illegible Text] jail of the county where the said offences may

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have been committed; or by imprisonment in solitude or at hard labour, in the Penitentiary, if the jury should recommend that mode of punishment; but no imprisonment shall be directed or ordered in the Penitentiary, unless the goods stolen shall be of the value of twenty dollars. 36. In every case of simple larceuy or theft, where a [Illegible Text] compensation is not mentioned in this code, the person convicted shall pay to the owner of the goods stolen the full value of said goods, and upon doing so, the imprisonment in the common jail of the county or penitentiary, shall in no case exceed one year; but if the offender is not able, out of any estate or effects, which he may be possessed of, or by other means, to pay the full value of the stolen goods, then the recommendation of the jury shall not extend to inflict imprisonment at hard labor in the Penitentiary for a longer period than two yearsAnd in every case of larceny, where a pecuniary compensation is mentioned, and the person convicted is not able to pay the same, then the imprisonment at hard labor, or in solitude, shall be extended, as the jury may recommend Provided, that recommendation is not restricted by a designation in this code of the period of imprisonment. THEFT, OR LARCENY, FROM THE PERSON. 37. Theft, or larceny from the person, as diistinguished from robbery, before described, is the offence of feloniously taking any money, goods, effects or chattels, or any article of value, from the person of any other, privately without his knowledge, in any place whatever. 38. A person convicted of this class of larceny, shall pay if he is able to do so, the amount or value of the money, goods, effects or chattels, or articles so privately stolen, or as much of said amount or value as he may be able to pay; and also be imprisoned in the Penitentiary, at hard labor or in solitude, for any time not less than one year nor longer than five yearsBut if the person so convicted shall not be able to pay the said amount or

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value, then the punishment shall be increased to an imprisonment at hard labor, or in solitude, for not less than three years nor longer than seven years, as the jury [Illegible Text] recommend. 39. If the goods, money, chattels, or effects, or any article so privately stolen from the person, do not amount to, or are of the value of twenty dollars, then the person convicted shall be punished, by paying to the owner of said goods, money, chattels, effects or article, the full value thereof, and shall be further punished by imprisonment in the common jail of the county where the offence may have been committed, or by imprisonment at hard labor in the penitentiary, or in solitude, for any time not longer than one year, as the jury may recommend. 40. If this offence is committed in a public place, or where many persons are assembled, it shall be considered as greatly adding to the criminality of the action, and the punishment shall be proportionably increased and enlarged, as the jury may recommend, before which the conviction may take place. 41. Any sort of secret or sudden taking from the person, without using intimidation or open force and violence, shall be within this class and description of larceny, though some small force be used by the [Illegible Text], to possess himself of the property. Provided, there be no resistance by the owner, or injury to his person, and all the circumstances of the case shew, that the thing was taken, not so much against, as without the consent of the owner. LARCENY, FROM THE HOUSE. 42. Larceny from the house, is the entering or breaking any house (other than a dwelling house, or its appurtenances) with an intent to steal, or after entering or breaking said house, stealing therefrom, any money, goods, chattels, wares. merchandize, or any thing or things of value whatever. 43. All and every person and persons, who by night or day, shall in any store, shop, or ware-house, or any other house or building, privately and [Illegible Text], [Illegible Text]

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any goods, wares or merchandize, or any other article or articles, thing or things of value, though such store, shop or ware house or other house, or building, be not actually broken open by such offender or offenders; or shall assist, hire or command any person to commit such offence, shall be punished by paying the value of said goods, wares, merchandize, article or articles, thing or things so privately stolen; and also be imprisoned at hard labor, or in solitude in the penitentiary, for any time not less than one year, nor longer than five years:But if the said offender or offenders, be not able to pay the said pecuniary compensation, then the punishment shall be increased by an imprisonment at hard labor in the penitentiary, for any time not less than two years, nor longer than seven years, as the jury may recommend. 44. Any person or persons, entering a house or building, as before described, with intent to steal, but is detected and prevented from so doing, shall be punished by imprisonment at hard labor in the penitentiary, or in solitude, for any period not less than one year, nor longer than three years, as the jury may recommend. 45. Any person or persons, breaking any part of a house or building, as before described, with intent to steal, but is detected and prevented from effecting such intention, shall be punished by imprisonment in solitude, or at hard labor in the penitentiary, for any time not less than one year, nor longer than three years, as the jury may recommend; but if the owner of said house or building, or any other person be in the house at the time of such breaking, and put in fear, then the said offender or offenders, shall be punished by imprisonment at hard labor in the penitentiary, for any time not less than two years, nor longer than seven years, as the jury may recommend. 46. Any person breaking and entering a house or building as before described, with intent to steal, but is detected and prevented from carrying said intention into effect, shall be punished by imprisonment in solitude or [Illegible Text] hard labor in the penitentiary, for any time not less

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than one year, as the jury may recommend; and any person breaking and entering any house as before described, under this class of larceny, and stealing from said house or building, any goods, wares or merchandize, article or articles, thing or things of value, shall pay to the owner or owners thereof, the value of said goods, wares, merchandize, article or articles, thing or things of value; and be also punished by imprisonment, at hard labor, in the penitentiary, for any time not less than two years, nor longer than five years; but if the offender or offenders, are not able to pay the said value, then the said offender or offenders, shall be punished by imprisonment, at hard labor in the penitentiary, for any time not less than three years nor longer than seven years, as the jury may recommend. 47. If the said breaking, entering and stealing, be accompanied by any violence, menace or threat, or by alarming and putting in fear, any person in said house, then the imprisoment at hard labor shall be extended to the longest period mentioned under this class of larceny. 48. Entering or breaking with intent to steal, entering and stealing, breaking and stealing, breaking and entering with intent to steal, breaking and entering and stealing, from any house, building or edifice, belonging to the state or a corporate body, or appropriated for any public purpose, shall be punished in the same manner as if the offence had been committed in any private house or building, as before described under this head of larceny. 49. Accessories, or persons assisting, commanding or advising any person to commit any offence under this class of larceny, shall receive the same punishment as may be inflicted on the principal or principals. 50. Any person entering and stealing from any hut, tent, booth or temporary building, shall be punished in the same manner, as if the offence had been committed by privately stealing from a house or building, as before described under this class of larceny.

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THEFT OR LARCENY AFTER A TRUST HAS BEEN DELEGATED OR A CONFIDENCE REPOSED. 51. Any servant, officer or person, employed in any public department, station, or office of the government of this state or any county of this state, or in any office of a corporate body, who shall embezzle, steal, secrete, or fraudulently take, and carry away, any money, goods, chattels, effects, bond, or bonds, promisory note, or notes, commonly called bank bills, or notes, or any other security, for the payment of money, of whatever description it may be, being the property of said state, county, or corporate body, shall be punished by paying to said state, county or corporate body, the amount of money, or other property, as before enumerated, so embezzled, secreted, stolen, or taken and carried away;and also, be imprisoned in the penitentiary, at hard labor, or in solitude for any time not longer than five years, as the Jury may recommend. 52. If any person shall fraudulently, or maliciously tear, burn, or in any other way destroy, any deed, lease, will, bond or any other writing sealed, or any bank bill, or note, check, draft, or other security, for the payment of money, or the delivery of goods or any certificate, or other public security of this state, or of the United States, or any of them, for the payment of money, or any receipt, acquittance, release, discharge of any debt, suit, or other demand; or any transfer or assurance of money, stock, goods, chattels, or other property, or any letter of attorney, or other power, or any day-book, or other book of account, or any agreement, or contract whatever, with intent to defraud, prejudice, or injure any person or body corporate, the person so offending, shall on conviction, be punished by paying a fine not exceeding one thousand dollars; and also, be imprissoned in the penitentiary, at labor, hard labor, or in solitude, for any time not less than one year, nor longer than three years, as the jury may recommend; but if the offender is not able to pay the said fine, then, he shall be imprisoned at hard labor, for any

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period of time, not exceeding five years, as the jury may recommend. 53. If any person, shall knowingly, maliciously or fraudulently, cut, fell, alter or remove any certain bounded tree, or other allowed land mark, to the wrong of his neighbor, or any other person, he or she, shall on conviction, be punished by paying a fine not exceeding five hundred dollars, and be imprisoned in the penitentiary, at labor, hard labor, or in solitude, for any time not exceeding one year, as the jury may recommend. FORGERY AND COUNTERFEITING. 54. If any person or persons, shall falsely make, [Illegible Text], alter or [Illegible Text], or cause, or procure to be [Illegible Text] made, forged, altered, or counterfeited, or willingly act or assist in falsely making, forging or counterfeiting, any audited certificate, or other certificate issued by the auditor general, or other officer authorised to issue the same; or any order or warrant, issued by the Governor or the President of the Senate, or Speaker of the House of Representatives of the General Assembly of this state, or by any officer of the government or authorised person, on the Treasury of said state, for any money or other thing, or any warrant for land issued by the justices of any land court, or by any other tribunal, officer or person authorised to do so, within this state; or any certificate, draft, warrant or order, from any of the public officers of this state, issued under or by virtue of any act or resolution of the Legislature, or General Assembly of this state, or any certificate, draft, order or warrant, issued by any court, officer or person authorised to draw on the treasury of this state, or for public money wherever the same may be deposited, or any deed, will, testament, bond, writing obligatory, bill of exchange, promisory note, or order for money, or goods, or any endorsement, or assignment of any bond, writing obligatory, bill of exchange, promisory note or order for money, or goods, with intent to defraud the said state, public officer, or officers, courts, or any persons authorised, or any person or persons whatever; or shall utter or publish, as true, any false, forged, altered or counterfeited audited certificate,

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governor's, president's, speaker's, or other public officers, courts, or persons, duly authorised, certificate, draft, warrant or order, so as aforesaid issued, or any deed, will, testament, bond, writing obligatory, bill of exchange, promisory note or order for money, and goods, or acquitance, and receipt for money, or goods, or any indorsement or assignment, of any bond, writing obligatory, bill of exchange, promisory note, or order for money, or goods, with intent to defraud the said state, public officers, courts, or persons authorised as aforesaid; or any person, or persons, whatsoever, knowing the same to be so falsely made, forged, altered, or counter-feited, every, such person or persons, so offending, and being thereof convicted, shall be punished by imprisonment in the penitentiary, at hard labor, or in solitude, for any period of time not less than two years, nor longer than ten years, as the jury may recommendAnd shall also, pay a fine not exceeding five hundred dollars; but the offender, or offenders, shall not be able to pay the fine imposed, then the imprisonment may be increased, and enlarged to any time not exceeding fifteen years, as the jury may recommend. 55. If any person shall falsely and fraudulently make, forge or counterfeit, or be concerned in the false and fraudulent making, forging and counterfeiting of any gold, silver or copper coin, which now is, or shall be passing or in circulation, within this state, or shall falsely and fraudulently utter, publish, pay or tender in payment, any such counterfeit and forged coin of gold, silver or copper, knowing the same to be forged and counterfeited, or shall aid, abet, counsel or command the perpetration of either of the said crimes, such person shall on conviction, be punished by a fine not exceeding five hundred dollars, and also undergo an imprisonment at labor, hard labor, or in solitude, in the penitentiary, for a peried of time not exceeding ten years, as the jury may recommendBut if the person offending is not able to pay a fine, then he or she shall be punished by imprisonment at hard labor, for any period of time not exceeding fifteen years, as the jury may recommend.

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56. If any person shall falsely and fraudulently make, sign or print, or be concerned in the false and fraudulent making, signing or printing any counterfeit note or bill, of a bank of this state, or the note or bill of any incorporated bank, whose notes or bills are in circulation in this state; or falsely and fraudulently cause or procure the same to be done, such person on conviction, shall be punished by a fine not exceeding one thousand dollars; and also undergo an imprisonment in the penitentiary, at labor, hard labor, or in solitude, for any period not exceeding ten years, as the jury may recommendBut if said person so offending, shall not be able to pay the said fine, then he or she shall be punished by imprisonment at hard labor, for any period of [Illegible Text] not exceeding fifteen years, as the jury may recommend. 57. If any person shall falsely and fraudulently make, sign or print, or be concerned in the false and fraudulent making, signing or printing of any check or draft, upon any bank of this state, or bank as aforesaid; or falsely and fraudulently cause the same to be done, such person on conviction, shall suffer the same punishment, as is mentioned for the crime, in the preciding section. 58. If any person shall falsely and fraudulently alter, or be concerned in the false and fraudulent alteration of any genuine note, bill, check or draft as aforesaid; or falsely and fraudulently cause or procure the same to be done, the person so offending, shall suffer the same punishment as is prescribed for the crime of falsely and fraudulently making, signing and printing any bank-bill or note in the fifty-sixth section. 59. If any person shall falsely and fraudulently pass, pay, or tender in payment, utter or publish, any false, forged, counterfeit, or altered note, bill, check or draft, as aforesaid, knowing the same to have been falsely, and fraudulently forged, counterfeited or altered, the person so offending, shall upon conviction, be punished by a fine not exceeding one thousand dollars, and also undergo an imprisonment at labor, hard labor, or in solitude in the penitentiary, for any time not exceeding ten years, as the jury may recommendBut if the person so convicted

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is not able to pay the fine, then he or she, shall be punished by imprisonment in the penitentiary, at hard labor, for any period of time not exceeding fifteen years, as the jury may recommend. 60. If any person shall have in his or her possession, any such false, forged, counterfeit or altered note or notes, bill or bills, draft or drafts, check or checks, with intention fraudulently to pass the same, such person on conviction, shall be punished by imprisonment in the Penitentiary, at hard labor, for any period of time not exceeding fifteen years, as the jury may recommend. 61. If any person shall have in his or her possession, any bank paper, types, plates or machinery, for the purpose of falsely or fraudulently forging and counterfeiting, any notes, bills, checks or drafts as aforesaid; the person so offending, shall be punished by imprisonment at hard labor in the penitentiary, for any period of time not exceeding fifteen years, as the jury may recommend. 62. If any person, shall falsely and fraudulently, make, forge, or counterfeit, any note, bill, draft, or check of, or on any person, body corporate, company, or mercantile house, or firm;or, fraudulently and falsely, utter, publish, pass, pay, or tender the same in payment, or demand payment, of the same, knowing the said bill, note, draft, or check, to be forged and counterfeit, such person, so offending, shall be punished by a fine, not exceeding five hundred dollars; and also, undergo an imprisonment in the penitentiary, at labor, hard larbor or in solitude, for any period of time not exceeding ten years, as the jury may recommend:But if such person so offending, is not able to pay the said fine, then he, or she, shall be punished, by imprisonment at hard labor, in the penitentiary, for any time not exceeding twelve years, as the jury may recommend. 63. If any person, shall fraudulently make, sign, or alter, or be concerned in the fraudulent making, signing, or altering, any other writing, with intent to defraud any person or persons, or body corporate; or shall fraudulently cause or procure the same to be done, the person or persons, so offending, shall on conviction, be punished

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by imprisonment at hard labor in the Penitentiary, for any period of time, not exceeding five years, as the jury may recommend. 64. If any person shall falsely and fraudulently forge, or counterfeit, or falsely be concerned in the forging and counterfeiting the great Seal of this State, or any seal used for government purposes, the public and common seal of any Court, Office, County, or a Corporation, or any other seal, authorised by law, or, shall falsely and fraudulently cause, or procure the same to be forged and counterfeited, or shall falsely and fraudulently utter, or publish any instrument, or writing whatever, impressed with such forged and counterfeit seal, knowing the same to be forged, and counterfeit, the person so offending, shall be punished by a fine, not exceeding one thousand dollars; and also undergo an imprisonment, in the penitentiary at labor, hard labor, or in solitude, for any period of time not exceeding ten years, as the jury may recommendBut if the said person so convicted, shall not be able to pay the fine imposed, then he or she shall be punished by imprisonment in the penitentiary, at hard labor, for any period of time not exceeding fifteen years, as the jury may recommend. 65. Any person, who shall draw or make a bill of exchange, or promisory note, or inderse or accept the same, in a fictitious name, shall be guilty of forgery, and on conviction, be punished by a fine equal to the amount of the bill or note so drawn, made, indorsed or accepted; and also undergo an imprisonment at labor, hard labor, or imprisonment, for any period of time not exceeding five years, as the jury may recommendBut if the person so convicted, is not able to pay the said fine, then he or she shall be punished by imprisonment at hard labor, for any time not exceeding ten years, as the jury may recommend. 66. If any person shall put his own name to any instrument, representing himself to be a different person of that name, such person shall be guilty of forgery, and upon conviction, shall be punished by imprisonment in the penitentiary, at hard labor, or in solitude, for any

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period of time not exceeding seven years, as the jury may recommend. 67. If any person shall designedly, by colour of any counterfeit letter or writing, made in any other person's name, or fictitious name, obtain from any person, money, goods, chattels, or other valuable thing, with intent to defraud any person, mercantile house, or body corporate of the same, the person so offending, shall be [Illegible Text] by a fine equal to the value of the goods so fraudulently obtained; and also undergo an imprisonment in the penitentiary, at labor, hard labor, or in solitude, for any period of time not exceeding five years, as the jury may recommendBut if the person so offending, is not [Illegible Text] to pay the said fine, then he or she shall be punished by hard labor in the penitentiary, for any period of time not exceeding seven years, as the jury may recommend.If the person, mercantile house or corporate body, shall not have gotten a re possession of the goods, money, chattels or other valuable thing, so fraudulently obtained, the amount of said fine shall by order of the court, be paid over to said person, mercantile house or corporate body. EIGHTH DIVISION. CRIMES AND OFFENCES AGAINST THE PUBLIC JUSTICE. Sec. 1. If any person shall wilfully and corruptly commit perjury, or shall by any means procure, or suborn any person to commit wilful and corrupt perjury, on his or her oath, or affirmation, legally administered in any judicial proceeding, matter or cause, which may be depending in any of the courts of this state, or before any Judge, Justice, Mayor, Alderman, or other magistrate, or before any Notary Public, Arbitrator or Clerk, or in any deposition or affidavit, taken for any purpose whatever, or in any deposition taken pursuant to the laws of this state, or of the rules, orders and directions of any court, judge or arbitration, or if any person in taking any other oath or affirmation, required by an act of the General Assembly of this state, shall be guilty of wilfully and corruptly making a false oath or affirmation,

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or if any person shall procure, or suborn any other person, to make any such false oath or affirmation, every person so offending, shall on conviction, be punished by a fine not exceeding one thousand dollarsand also undergo an imprisonment in the penitentiary, at hard larbor, or in solitude, for any time not less than three years, nor longer than ten years, as the jury may recommend; and shall moreover, be forever disqualified from being a witness in any matter in controversy. 2. Any verdict, or judgment. rule, or order of Court, which may have been obtained or entered up, shall be set aside, and be of no effect, if it shall appear that the same was obtained or entered up, in consequence of wilful and corrupt perjury. 3. If any person, by wilful and corrupt perjury, shall take away the life of another, or by such wilful and corrupt perjury, convict another of an offence which by this code is punishable, with death or perpetual imprisonment, such person shall be punished with death, or perpetual imprisonment. 4. If any person, shall directly, or indirectly, give or offer to give, any money, goods, or other bribe, present or reward, or give, or make any promise, contract, or agreement, for the payment, delivery, or ahenation of any money, goods, or other bribe, or use any promises, threats, persuasions or other like sinister, unfair, or fraudulent practices, in order to obtain, or influence the opinion, judgment, decree, or behavior of any member of the General Assembly, or any officer of this state, judge, juror, justice, referee, or arbitrator, in any discussion, debate, action, suit, complaint, indictment, controversy, matter, or cause depending, or which shall depend, before him, or them; such person shall, on conviction, be punished by a fine not exceeding five hundred dollars, and undergo an imprisonment in the penitentiary, at labor, or in solitude, for any time not exceeding five years, as the jury may recommend; and the member of the General Assembly, or officer, judge, juror, justice, referee, or arbitrator, who shall accept or receive such bribe, shall, on conviction, be punished by a fine not exceeding

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one thousand dollars, and undergo an imprisonment in the penitentiary, at labor, for any period of time, not exceeding ten years, as the jury may recommend. 5. If any judge, justice, mayor, alderman, clerk, sheriff, coroner or other public officer, or any other person whatever, shall steal, embezzle, alter, corrupt, withdraw falsify or avoid any record, process, charter, gift, grant, conveyance or contract, or shall knowingly and willingly take off, discharge or conceal, any issue, forfeited recognizance or other forfeiture, or shall forge, deface, or falsify any document or instrument recorded, or any registry, acknowledgment or certificate, or shall alter, deface, or falsify any minute, document, book, or any proceeding whatever, of or belonging to any public office within this state; or if any person shall cause, or procure any of the offences aforesaid, to be committed, or to be in anywise concerned therein, the person so offending, shall be punished by a fine not exceeding one thousand dollars; and undergo an imprisonment in the Penitentiary, at hard labor, labor, or in solitude, for any time not less than one year, nor longer than ten years, as the jury may recommend. 6. If any jailor, by too great a duress of imprisonment, or other cruel treatment, makes or indnces a prisoner to become an approver, or to accuse and give evidence against some other person, or be guilty of wilful inhumanity, or appression to any prisoner under his care and custody; such jailor shall be punished by removal from office, and fined in a sum not exceeding one hundred dollars; and moreover, undergo an imprisonment in the penitentiary, at hard labor or in solitude, for any time, not less than one year, nor longer than two years, as the jury may recommend. 7. If any officer, after the expiration of the time for which he may have been appointed, or elected, shall wilfully and unlawfully, withhold or detain from his successors, the records, papers, documents or other writings, appertaining and belonging to his office, or mutilate, destroy, take away, or otherwise prevent the complete possession by his said successor, of said records,

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documents, papers, or other writings, such person so offending, shall be sentenced to pay a fine, and to undergo an imprisonment in the common jail of the county, or in the penitentiary, as the jury may recommend. 8. If any person shall acknowledge, or procure to be acknowledged, in any of the courts of this state, any recognizance, bail or judgment, in the name of any other person, not privy or consenting thereto; such person on conviction, shall be fined in a sum not exceeding two hundred dollars, and be imprisoned in the penitentiary at hard labor, or in solitude, for any period of time, not exceeding three years, as the jury may recommend. 9. If any person shall [Illegible Text] and wilfully obstruct, resist or oppose any sheriff, coroner or other officer of this state, or other person duly authorised, in serving or attempting to serve, or execute any lawful process, or order of any court, judge, justice or arbitrators, or any other legal process whatever, or shall assault or beat any sheriff. coroner, constable or other officer, or person duly authorised, in serving or executing any process, or order aforesaid, or for having served or executed the same; every person so offending, shall on conviction be fined in a sum not exceeding five hundred dollars, and also, be imprisoned in the common jail of the county, for any time not exceeding two years; provided any officer whatever that may or shall assault or beat any individual under color of his commission, without being compelled in self-defence to do so, shall on conviction, be fined in a sum not exceeding five hundred dollars, as the jury may recommend. 10. If any person shall rescue another in legal custody, on criminal process, such person shall receive the same punishment, as the person rescued, would on conviction be sentenced to receive, or be fined at the discretion of the court, and imprisonment in the Penitentiary, at hard labor, labor, or in solitude, for any period of time, not exceeding two years; if the jury, by whom the offender may be tried, shall think proper so to recommend to the Court. 11. If any person or persons shall rescue another in legal custody on civil process, such person or persons

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shall be indicted, and on conviction, shall be sentenced to pay a fine equal to the amount of the debt or demand for which such process was issued; and if the said person or persons so rescuing, shall not be able to pay the said fine, then the said person or persons shall be imprisoned in the common jail of the county, at the discretion of the court, or on the recommendation of the jury, in the penitentiary. 12. Any person escaping after an arrest, upon criminal or other process, before or after he or she is put in confinement, shall be fined at the discretion of the court, and imprisoned in the common jail of the county, for any period of time not exceeding one year, as the jury may recommend. 13. If any person shall aid or assist a prisoner, lawfully committed or detained in any jail, for any offence against this state, or who shall be lawfully confined by any civil process, to make his or her escape, from jail, although no escape be actually made; or if any person shall convey, or cause to be delivered to such prisoner, any disguise, instrument or arms, proper to facilitate the escape of such prisoner; any such person, (although no escape or attempt to escape be actually made) shall on conviction, be punished by imprisonment at hard labor in the penitentiary for any time not exceeding two years, as the jury may recommend. 14. If any person shall aid or assist any prisoner, to attempt to escape from the custody of any sheriff, constable officer or other person who shall have the lawful charge of such prisoner; every person so offending, shall on conviction be fined in a sum not exceeding two hundred dollars; and also undergo an imprisonment in the penitentiary for any time not exceeding two years, as the jury may recommend. 15 Any person who shall aid and assist a prisoner in the penitentiary, to escape, or in his attempt to escape therefrom; every person so offending, shall be fined at the discretion of the court; and also be imprisoned in the penitentiary at hard labor, for any period of time not exceeding three years, as the jury may recommend.

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16. If any sheriff, coroner, keeper of a jail, keeper or other officer, or person employed in the penitentiary, having any offender guilty, or accused of, or confined for, any crime, in his custody, shall voluntarily permit OF suffer such offender to escape and go at large; every such sheriff, coroner, keeper of a jail, keeper, officer, or other person employed in the penitentiary, constable or other officer or person so offending, shall on conviction, be fined in a sum not exceeding one thousand dollars, and undergo an imprisonment in the penitentiary at hard labor, labor, or in solitude, for any time not less than five years, nor exceeding seven years, as the jury may recommend; and shall moreover, if a public officer, be dismissed from office. 17. If any sheriff, coroner, keeper of a jail or other officer, shall wilfully refuse to receive any offender, charged with or guilty of an indictable offence, or committed as a witness on the part of this state, or having such offender or witness in his custody, shall voluntarily permit or suffer him or her to escape and go at large, then every such sheriff, coroner, keeper of a jail, constable or other officer or person so offending, shall on conviction be fined in a sum not exceeding one thousand dollars, and undergo an imprisonment in the penitentiary, for a period of time not exceeding seven years, as the jury may recommend. 18. If any person or persons, shall buy or receive any goods or chattels, that shall be feloniously taken or stolen from any other person knowing the same to be stolen, he, she or they shall be taken and deemed an accessory or accessories, after the fact, and shall incur the same punishment as would be incurred and inflicted on the person or persons convicted of having stolen the said goods or chattels, so bought or received, knowing the same to be stolen. 19. If any person shall receive, harbor or conceal any burglars, felons or thieves, knowing them to be so, he, she or they, shall be taken as accessory or accessories, after the fact, and being convicted, shall be punished by imprisonment in the penitentiary, at hard labor or in solitude,

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for any time not exceeding three years, as the jury may recommend. 20. If the principal thief or theives cannot be taken so as to be prosecuted and convicted, it shall and may be lawful to prosecute every person buying or receiving any goods stolen, by such a principal thief or thieves, knowing the same to be stolen as for a misdemeanor, although the principal thief or thieves be not before convicted, or whether he or they are amenable to justice or not; and on conviction, every person so buying or receiving stolen goods, knowing them to be stolen, shall be fined in a sum equal to the value of the goods so bought or received; and also undergo an imprisonment in the penitentiary at hard labor, labor or in solitude, for any time not exceeding five years, as the jury may recommend; and this prosecution and punishment shall exempt the offender from being tried and punished as accessory, if such principal thief or theives shall be afterwards taken and convicted. 21. If any person shall take money, goods, chattels, lands or other reward, on promise thereof to compound any treason, exciting or attempting to stir up and excite an insurrection or revolt of slaves, murder, manslaughter, rape, sodomy, arson, forgery, burglary, house-breaking, robbery, larceny, receiving stolen goods or other property, escape, rescue, breach of prison, bribery, perjury or subordination of perjury, or any other offence heretofore denominated felony, or any offence punishable in this code with imprisonment in the penitentiary, at hard labor or in solitude, for a period of two years or longer; every person so offending, shall on conviction, be fined in a sum not exceeding one thousand dollars, or be sentenced to undergo an imprisonment in the penitentiary, for any time not exceeding five years, or both, as the jury may recommend. 22. If any person informing, or prosecuting, under pretence of any penal law, shall compound with the offender, or direct the suit or information to be discontinued, unless it be by leave of the court, where the same is brought; every person so offending, shall on conviction be sentenced to pay a fine equal to so much of the penalty

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as he or she would be entitled to, if the defendant or party prosecuted had been found guilty or convicted; and if the person so offending is not able to pay the said proportion of the penalty, then he or she shall be sentenced to undergo an imprisonment in the penitentiary, at labor, for any period of time not exceeding three years, as the jury may recommend. 23. If any two or more persons shall conspire or agree falsely and maliciously, to charge or indict, or to cause or procure to be charged and indicted any person, he, she, or they, so offending, shall on conviction, be fined in a sum not exceeding five hundred dollars, and be also sentenced to undergo an imprisonment at hard labor in the penitentiary, for a period of time not exceeding five years, as the jury may recommend. 24. If any person shall be found and adjudged a common barater, vexing others with unjust and vexatious suits, he shall on conviction be sentenced to pay a fine not exceeding two hundred dollarsAnd if the offender belongs to the profession of the law, he shall also be disqualified from practising for the future. 25. EMBRACERY, is an attempt to influence a jury corruptly to one side, by promises, persuasions, entreaties, money, entertainments and the like.Every EMBRACER who shall procure any juror to take money, gain or profit, or shall corruptly influence a juror by persuasions, promises, entreaties, or by any other means, shall be punished by fine not exceeding one thousand dollars, and an imprisonment in the common jail or penitentiary not exceeding three years, as the jury may recommend; and the juror convicted of taking money, gain or profit, or of corruptly being influenced as aforesaid, shall be sentenced to pay four times as much as he shall have taken, or if he shall not have taken any money or other gain and profit, a fine not exceeding one thousand dollars, and be imprisoned in the penitentiary at hard labor, for any time not exceeding three years, as the jury may recommend; and moreover be forever disqualified to act as a juror. 26. Any Justice of the Peace, charged with mal-practice in office, by using of oppression, tyrannical partiality,

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or any other conduct unbecoming his character as [Illegible Text] upright magistrate in the administration, and under color of his office, shall upon conviction, be sentenced to pay a fine, or to be [Illegible Text] in the common jail of the county, as the jury may recommend, and also be removed from office. 27. If any person shall knowingly send or deliver any letter or writing, threatening to accuse another person of a crime, with intent to extort money, goods, chattels or other valuable thing, or threatening to maim, would, kill or murder, or to burn his or her house, or other property, (though no money, goods, chattels, or other valuable thing be demanded,) any such person so offending, shall on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment at hard labor, labor, or in solitude, for any time not exceeding two years, as the jury may recommend. 28. Any other offences against the public justice, [Illegible Text] punishable by indictment in the courts of this state, or which may occur, shall be punished by fine or imprisonment, or both, in the penitentiary, or otherwise, or common jail of the county, on the recommendation of the jury. NINTH DIVISION. OFFENCES AGAINST THE PUBLIC PEACE AND [Illegible Text]. Sec. 1. If two or more persons assemble for the purpose of disturbing the public peace, or committing an unlawful act, and do not disperse upon being advised or commanded so to do, by a judge, justice, sheriff, constable or other public officer; persons so offending, shall be guilty of a misdemeanor, and on conviction, shall be fined, or imprisoned in the common jail of the county, on the recommendation of the jury. 2. If any two or more persons, either with or without a common cause of quarrel, do an unlawful act of violence, or any other act in a violent and tumultuous [Illegible Text]; such persons so offending, shall be guilty of a [Illegible Text]

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and on conviction, shall be sentenced to pay a fine, or be imprisoned in the common jail, or both, as the jury may recommend; but if the circumstances attending the riot shall be of an attrocious or aggravated nature, the offenders may, upon the recommendation of the jury, be fined and imprisoned in the penitentiary, for any time not exceeding two years. 3. AFFRAYS, are the fighting of two or more persons in some public place, to the terror of citizens and great disturbance of the public tranquility.Persons so offending, shall be indicted, and on conviction, shall be fined or imprisoned in the common jail of the county, or both, at the discretion of the court, and it shall be considered as a great aggravation of this offence, if any contempt or disobedience of the magistrate or other public officer commanding the peace, shall be proven. 4. If any person in this state, shall deliberately challenge by word or writing, the person of another, to fight at sword, pistol or other deadly weapon, or if any person so challenged, shall accept the said challenge, in either case, such person so giving or sending, or receiving any such challenge, being convicted thereof shall be sentened to pay a fine not exceeding five hundred dollars, and imprisoned in the common jail of the county, or on the recommendation of the jury, undergo an imprisonment in the penitentiary, at hard labor or labor, for any time not less than three months, nor longer than one year. 5. If any person shall willingly and knowingly carry and deliver any written challenge, or verbally deliver any message, purporting to be a challenge, or shall consent to be a second in any such intended duel; every such person offending, and being convicted thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, and be imprisoned in the common jail of the county, at the discretion of the court, or if the jury should recommend it, he may be imprisoned in the penitentiary, at labor or hard labor, for any time not less than three months, nor longer than one year. 6. It shall be sufficient to form an indictment, generally, against either of the principals for challenging another

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to fight at deadly weapons, and notwithstanding it may appear on the trial, that the defendant only accepted the challenge, it shall be sufficient to convict and render him liable to the penalties aforesaid, and in like manner, an [Illegible Text] against the second may be framed generally, for carrying and delivering a challenge, and the proof of the mere act of fighting, and the defendant being present thereat, shall be sufficient to convict the defendant upon an indictment so framed; and if the duel shall take place within this state, the mere act of fighting shall be full and complete evidence of the charges respectively, of giving or receiving, or of carrying and delivering a challenge, without other proof thereof. 7. If any justice or other officer, bound to preserve the public peace, shall have knowledge of an intention to fight with any deadly weapon, given or received, and not use and exert his official authority to arrest the parties and prevent the duel; such justice or other officer, shall for such neglect of duty, be indicted, and on conviction, be dismissed from office. 8. If any person or persons, shall in any news-paper or hand bills, written or printed, publish or proclaim any other person or persons as a coward, or use any other opprobrious and abusive language for not accepting a challenge or fighting a duel, such person or persons so offending, shall on conviction, be sentenced to pay a fine not exceeding five hundred dollars, or on the recommendation of the jury, may be imprisoned in the penitentiary at labor for any time not exceeding one year. 9. The publisher or printer of any news-paper, hand bill, or other publication, shall in all prosecutions under the last mentioned section, be summoned as a witness, and be accepted by the court as a good witness against the writer or writers of such publication or hand [Illegible Text], and if the said printer or printers, when summoned before the court, shall refuse to give up the writer's name or names, the court shall consider him or them as the author or authors thereof, and proceed to punish him [Illegible Text] them accordingly. 10. A LIBEL is a malicious defamation, expressed, either

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by printing or writing, or by signs, pictures and the like, tending either to blacken the memory of one who is dead, or the honesty, virtue, integrity, or reputation, of one who is alive, and thereby exposing him to public hatred, contempt or ridiculeEvery person convicted of this offence, shall be sentenced to pay a fine not exceeding one thousand dollars and also to undergo an imprisonment in the Penitentiary at labor or hard labor, as the jury may recommend, for any time not exceeding three years. 11. In all cases of indictment for a libel, the person prosecuted shall be allowed to give the truth in evidence. 12. All other offences against the public peace, shall be prosecuted and indicted as heretofore, but the punishment in every case, shall be fine, or imprisonment in the common jail of the county, or both, at the discretion of the court, or in the penitentiary, if the jury shall recommend that mode of punishment. TENTH DIVISION. OFFENCES AGAINST THE PUBLIC MORALITY, HEALTH AND POLICE. Sec. 1. If any person shall have two wives or two husbands, at one and the same time, knowing of the living and existence of such wife or husband, he or she shall, on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment at hard labor in the penitentiary, for any time not exceeding three years, as the jury may recommend; and the second marriage shall be void; but long absence of the wife or husband, and no information of the fate of such husband or wife, shall at the discretion of the jury, be cause of acquittal of the person indicted. 2. If any man or woman, being unmarried, shall knowingly marry the husband or wife of another person, such man or woman shall, on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment at hard labor, in the Penitentiary,

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for any time not exceeding three years, as the jury may recommendBut if the persons guilty of these offences are not able to pay the said fines, then the punishment shall be imprisonment at hard labor in the penitentiary, for a term not exceeding five years, as the jury may recommend. 3. If any person shall commit incestuous fornication or adultery, or intermarry within the degrees of consanguinity or affinity, established by law, he or she shall, on conviction, be sentenced to pay a fine not exceeding five-hundred dollars, and to undergo an imprisonment in the penitentiary, for a period of time not exceeding two years, if such imprisonment in the penitentiary shall be recommended to the court by the jury. 4. Any Justice of the Peace, Mayor, Intendant, in any county, or of any city in this state, who of his own knowledge, or on information to him on oath made, of any free white woman, having a bastard child, which it is probable will become chargeable to the county or city, he may thereupon cause a warrant, under his hand and seal, directed to the sheriff or a constable of said county or city, where the case may arise, and oblige the offender to be brought before him, to give security to the Inferior Court of the county, in the sum of one thousand dollars, for the support and education of such child, or children, 'till the age of fourteen years, or to discover on oath, the father of such bastard child, which being done, the said justice, mayor, intendant or alderman, shall issue his warrant in like manner, to bring before him the person sworn to be the father of such child, or children, who on refusing to give such security as may be required, for the support and education of such child or children, until he, she, or they, shall arrive at the age of fourteen years; and also, pay or give security to pay all expences, incurred at the birth of such child, or children; such reputed father shall be bound in a sufficient recognizance to appear at the next Superior Court, to answer to a bill of indictment, for BASTARDY, and on conviction he shall be sentenced to pay a fine, which by the Court may be deemed sufficient to support and educate the said

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bastard child, or children, until he, she, or they, shall arrive at the age of fourteen years; which fine, when collected, shall be paid over to the justices of the inferior court of the county, and by them applied to the support and education of said bastard child, or children; and the said reputed father, shall, moreover, be imprisoned in the common jail of the county, for any time, not exceeding six months, if the jury shall recommend to the court, such additional punishment. 5. If the mother of said child, or children, refuses to give security for the support and education of said child, or children, or refuses to discover the father of said child or children, then she shall be prosecuted, fined and punished, as directed against the reputed father.The declarations of such mother of a bastard child, or children, made on oath, or affirmation, in open court, shall be given in evidence, on the trial of the man charged by her, as the father of the child or children, to convict such person of the fornication and bastardy. 6. Any man and woman who shall live together in an open state of adultery and fornication, which will be sufficiently established by any circumstances which raise the presumption of cohabition and unlawful intimacy, shall be severally indicted, and on conviction, such man and woman shall be severally sentenced to pay a fine not exceeding eighty dollars, and on conviction a second time a fine of one hundred and sixty dollars, and for every repetition of the offence, a fine in the same proportionand moreover, be imprisoned, if the jury shall think proper to recommend that additional punishment. But it shall at any time, be in the power of the parties to prevent or suspend the prosecution by marriage, if such marriage can be legally solemnized. 7. If any person shall be guilty of open [Illegible Text], or any notorious act of public indecency, tending to debauch the morals, or keeping open tippling-houses, on the Sabbath day or Sabbath night, he, or she, shall be indicted, and on conviction, shall pay a fine at the discretion of the court, or be imprisoned in such manner, and for such period, as the jury may recommend.

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8. If any person shall, for his, or her, emolument or livelihood, maintain and keep a lewd house, or place, for the practice of fornication, either by themselves or others, he, or she, shall on conviction, be sentenced to pay a fine, at the discretion of the court, or be imprisoned in such manner, and for such a period, as the jury may recommend. 9. If any person shall keep and maintain a common, ill governed and disorderly house, to the encouragement of [Illegible Text], gaming, drinking, or other misbehaviour, to the common disturbance of the neighborhood, or orderly citizens, he or she shall, on conviction, be sentenced to pay a fine at the discretion of the court, or to be imprisoned in such manner, and for such period of time, as the jury may recommend. 10. If any person shall by himself, servant, or other agent, for his gain or living, keep, have, exercise or maintain a common gaming house, table or room, or in any house or place occupied by him, procure, or permit any persons to frequent or come together to play for money, or any other valuable thing, at any game, he or she, on conviction, shall be sentenced to pay a fine at the discretion of the court, and to be imprisoned in such manner as the jury may recommend. 11. Any person or persons, who may be found playing at any game with Cards, Dice, Checks or at Billiards, or any other instrument, article or articles, thing or things whatsoever, heretofore used, or which may hereafter be used, for the purpose of betting upon, or winning or losing money, or any other thing or things, article or articles, of value, or any property, or any other article, or articles, thing or things of value, on any of the games aforesaid, or which may hereafter [Illegible Text] invented, may be indicted; and on conviction thereof, shall be fined in a sum not less than fifty dollars, nor more than five hundred dollars, as the jury may recommendone half for the benefit of the informer, and the other half for the use of the county where the offence may have been committed: Provided, that this act shall

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not be construed to extend to horse racing, shooting with guns of any description used against an enemy, wrestling, jumping, foot racing, five-playing, pitching with coits or dollars, or any other peaceable and civil athletic exercise of man or men, not herein particularly enumerated. 12. And be it further enacted, That it shall be the duty of the Judges of the Superior courts of this state, at the opening or commencement of every court, to give in charge to the Grand Juries respectively, the substance, and intention of the Legislature, as contained in the several sections in this code relative to gambling. 13. And be it further enacted, That it shall be lawful for any lawful officer to break open suspected rooms or houses, where it is commonly known that gaming is carried on, and to take any persons found gaming, and to bind them over to the next Superior court to be held in and for the county where such offences may be committed. 14. All nuisances not here mentioned, which tend to annoy the community or injure the health of the citizens in general, or to corrupt the public morals, shall be indictable, and punishable by fines at the discretion of the court, and imprisonment of the offenders in such manner, and for such periods of time, as juries may recommend. And any nuisance which tends to the immediate annoyance of the citizens in general, is manifestly injurious to the public health and safety, or tends greatly to corrupt the manners and morals of the people, may by order of any two or more justices of the peace, upon the opinion given them by twelve citizens, summoned for that purpose, order the sheriff of the county to remove or suppress said nuisance; and if the nuisance exists in a town or city, under the government of a mayor, intendant, aldermen, wardens, or a common council, such nuisance, by and with the advice of said aldermen, wardens or council, may be removed or suppressed by order of said mayor or intendant. 15. Any Butcher or other person, selling the flesh of a diseased animal, or other unwholsome provisions, shall

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be indicted, and on conviction, for the first offence be [Illegible Text] to pay a fine at the discretion of the court, and for the second offence, shall be fined at the discretion of the court, and also imprisoned in such manner, and for such period of time as the jury may recommend. 16. Any baker, brewer, distiller, merchant, grocer, or other person, selling unwholsome bread, drink, or pernicious and adulterated liquors, knowing them to be so, shall be indicted, and on conviction, shall be fined at the discretion of the court; and on conviction for the second offence, such baker, brewer, distiller, merchant or grocer, shall be sentenced to pay a fine at the discretion of the court, and also to undergo an imprisonment in such manner, and for such period of time as the jury may recommend. 17. Any physician, surgeon or other person, wilfully endeavoring to spread the small pox without inoculation, or by inoculation with matter of the small pox, or using any other inoculation than that called vaccination, shall be indicted, and on conviction, fined in a sum not exceeding one thousand dollars, and moreover be imprisoned in such manner, and for such a period of time as the jury may think proper to recommend to the court. 18. Any person coming into this state by land or water, from any place infected with a contagious disease, and in violation of quarantine regulations, shall be indicted, and on conviction, sentenced to pay a fine not exceeding five hundred dollars, and also be imprisoned in such manner, and for such period as the jury may think proper to recommend to the court. 19. Any person wandering or strolling about, able to work or otherwise to support himself in a reputable way, or leading an idle, immoral, profligate course of life, shall be arrested by a warrant, issued by any justice of the peace, mayor or alderman, and bound in sufficient security for his good behavior and future industry, for one year; and upon his refusal or failure to give such security, he shall be committed and indicted as a vagrant, and on conviction, shall be imprisoned in the penitentiary at

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hard labor, for such period of time as the jury may recommend to the court. 20. If any person shall be apprehended, having upon him or her, any picklock, key, crow, jack, bit or other implement, with intent, feloniously to break and enter into any dwelling-house, ware-house, store, shop, coach-house, stable, or out-house, or shall have upon him any pistol, hanger, cutlass, bludgeon, or other offensive weapon, with intent, feloniously to assault any person, or shall be found in, or upon any dwelling-house, ware-house, store, shop, coach house, stable or out-house, with intent to steal any goods or chattels; every such person shall be deemed a rogue and vagabond, and on conviction, shall be sentenced to undergo an imprisonment in the common jail of the county, or in the penitentiary, at hard labor, for such period of time as the jury shall recommend to the court. 21. All other offences against the public morals, health, police, or economy, shall be punished by fine or imprisonment in the common jail of the county, at the discretion of the court, or in the penitentiary, in such manner, and for such period of time, as juries may recommend. ELEVENTH DIVISION. OFFENCES COMMITTED BY CHEATS AND SWINDLERS, AND OFFENCES AGAINST THE PUBLIC TRADE. Sec. 1. If any person by false representations of his own respectability, wealth, or mercantile correspondence and connexions, shall obtain a credit, and thereby defraud any person or persons of money, goods, chattels or any valuable thing, or if any person shall cause or procure others to report falsely of his honesty, respectability, wealth or mercantile character, and by thus imposing on the credulity of any person or persons, obtain a credit, and thereby fraudulently get into possession of goods, wares, merchandize, or any valuable thing, shall be deemed a cheat and swindler, and on conviction shall be sentenced to restore the property so fraudulently obtained, if it can be done, and also to pay a fine at the discretion

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of the court, and moreover to undergo an imprisonment in the penitentiary, at hard labor, for any period of time not exceeding three years, as the jury may recommend. 2. Any person using any deceitful means, (other than those which have been mentioned in this code,) or practices in matters of fraud, shall be deemed a cheat and swindler, and on conviction shall be sentenced to make such restitution to the party defrauded and cheated, as the court may direct; and also be fined, and undergo an imprisonment in the common jail of the county, or in the penitentiary, as the jury may recommend. 3. If any person or persons, shall by any fraud or shift, circumvention, deceit, or unlawful trick, or device, or ill practice whatever, in playing at cards, dice, or any game or games, or in or by bearing a share or part in the stakes, wagers, or adventures, or in or by betting on the sides or hands of such as do or shall play, obtain or acquire to him or themselves, or to any other or others, any money or other valuable thing or things whatever, such person or persons so offending, shall be indicted, and on conviction, shall be deemed a cheat, and sentenced to pay a fine of five times the value of the money, or other things so won as aforesaid, and also be imprisoned in the common jail of the county, or in the penitentiary at labor, or hard labor, for such period of time as the jury may recommend. 4. Any baker, or other person, selling bread under the assize established by the corporation of any town, city, or the regulations of any village, or the rules laid down by any law, shall be deemed a cheat, and on conviction, shall pay a fine at the discretion of the court, and moreover be imprisoned, if the jury shall think proper to recommend that additional punishment. 5. If any person shall sell by false weights and measures, he or she shall be deemed a common cheat, and on conviction, shall be sentenced to pay a fine at the discretion of the court; and also be imprisoned, if the jury shall recommend that additional punishment. Any other deceitful and artful practice, by which individuals or the public are defrauded and cheated, shall

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be punished by fine, at the discretion of the court, and also, by imprisonment, in such manner, and for such a period of time, as the jury may recommend. 7. The offences of forestalling, regrating and engrossing, are hereby abolished. 8. If any person shall fraudulently counterfeit, or be concerned in fraudulently counterfeiting any brand or mark, directed by law, or shall fraudulently cause, or procure the same to be done, or shall use, export, sell, exchange, barter, or expose to sale, any bale, cask, barrel, hogshead, or vessel, of any kind, or any other thing, upon which a brand or mark is directed to be made by law, with such counterfeit brand, or mark, knowing the same to be false, and counterfeit; the person so offending, his aiders, counsellors and abettors shall, on conviction, be sentenced to pay a fine not exceeding two hundred dollars; and also, to undego an imprisonment in the common jail of the county, or in the penitentiary, as the jury may recommend. 9. Any person who shall put into any bale, or bales of cotton, hogshead or hogsheads, barrel or barrels, sugar-cask or casks of sugar, or of rice, hogshead or hogsheads, barrel or barrels, cask or casks, containing pork, beef or other provisions, any dirt, rubbish, or other thing, for the purpose of adding to, and increasing the weight or bulk of said cotton, sugar, rice, beef, pork, or other provisions or things; every person guilty of this fraudulent practice, shall be deemed a common cheat, and being indicted, and convicted, shall be sentenced to pay a fine, equal to the full value of said cotton, sugar, rice, pork, beef or other provisions, and also, to undergo an imprisonment in the penitentiary, at hard labor, for any time not exceeding five years, as the jury may recommend. 10. All other offences committed by cheating, and deceit, or offences against the public trade, not herein enumerated, but which may occur, or have heretofore been indictable, shall be punished by fines, at the discretion of the court, and imprisonment in the common jail of the county, or in the penitentiary, at labor, hard labor, or in solitude, as juries may recommend.

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TWELFTH DIVISION. FRAUDULENT OR MALICIOUS MISCHIEF. Sec 1. Any person or persons, who shall wilfully and maliciously, set fire to, or burn, any stack or stacks of corn, grain, [Illegible Text], or hay; shall on conviction be sentenced to pay a fine equal to twice the value of the stack or stacks, so set fire to, or burnt, and to undergo an imprisonment in the penitentiary at hard labor, for any time, not exceeding three years, as the jury may recommend:and if the said person or persons, shall not be able to pay the said fine, then he, she, or they, shall be imprisoned in the penitentiary, at hard labor, not exceeding five years, as the jury may recommend. 2. If any person shall wilfully and maliciously set on fire, or cause to be set on fire, any woods, lands, or marshes within this state, so as thereby to occasion loss, damage, or injury to any other person; he, or she, shall on conviction, be sentenced to pay a fine not exceeding three hundred dollars, and to be imprisoned in the common jail of the county, or in the penitentiary, for any period of time the jury may recommend. 3. If any person shall wilfully and maliciously set fire to any fence, or fences, inclosure, or inclosures, or cause and procure the same to be dene; he or she, on conviction, shall be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment in such manner, and for such period of time as the jury may recommend. 4. If any person shall, unlawfully and maliciously break down, open, cut through, injure, or destroy any bridge, river or meadow bank, rice-dam, mill dam, or other dams or banks; every such person so offending, shall on conviction, be sentenced to pay a fine, or to be imprisoned in such manner, and for such period of time as the jury may recommend. 5. If any person shall maliciously maim, or kill any horse, bull, steer, ox, cow, calf, [Illegible Text], or any animal, or animals, falling under the description as before given of horses or cattle, or shall maliciously maim, or kill,

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a hog, or hogs, any such person so offending, shall, on conviction, be sentenced to pay a fine, or to be imprisoned, in such manner, and for such period of time, as the jury may recommend. 6. If any person shall maliciously injure, or destroy any turn-pike gate, or gates, or any post or posts, rail or rails, wall, or walls, or any chain, bar, or other fence, belonging to any turn-pike gate, or any house, or houses to be erected for the use of any such turn pike gate, or gates, or shall wilfully and maliciously injure and destroy locks, or other works, erected to protect and secure the navigation of rivers; every such person, so offending, shall on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and also, to undergo an imprisonment, in the Penitentiary, at hard labor, for any time not exceeding three years, as the jury may recommend. 7. If any person shall wilfully and maliciously, burn or set fire to any ship, boat, or other vessel, above the value of two hundred dollars, along side of any wharf, or at anchor in any river of this state, or within any of its waters, or if any person shall wilfully maliciously make, or be assisting in the making, any hole in the bottom, side, or any other part of any ship, boat, or vessel, above the value aforesaid, or do any other act, tending to the loss or destruction of such ship, boat, or vessel at anchor, or lying as aforesaid; every person so offending, shall on conviction be sentenced to pay a fine, not exceeding one thousand dollars, and to undergo an imprisonment in the penitentiary, at hard labor, for any period of time, not exceeding ten years, as the jury may recommend. 8. All other acts of malicious and fraudulent mischief, not here enumerated, but standing upon the same footing of reason and justice, or which are indictable offences by the laws, in force in this state, shall be punished by a fine or imprisonment, in the common jail of the county, at the discretion of the court, or by imprisonment in the penitentiary, in such manner as the jury, to whom the case is submitted, shall recommend.

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ACCESSORIES. 9. Accessories, or persons aiding, advising or assisting in and to the perpetration of offences, where the punishments are not provided for in this code, shall be punished in the following manner:Accessories, before the fact, aiders, abettors, or advisers, shall receive the same punishment, as is directed to be inflicted on the principals, unless the juries by whom such accessories, aiders, abettors, or advisers, shall be tried, recommend a mitigation of such punishment, or a different punishment, and then the punishment shall be according to the recommendations of said juries. Accessories, after the fact, shall be punished by fine, or imprisonment, in the common jail of the county, or both, at the discretion of the courtbut if the jury by whom such accessories shall be tried, shall think proper to recommend imprisonment in the penitentiary, such punishment, so recommended, shall be adopted and inflicted. INDICTMENTS. 11. Every indictment, or accusation of the Grand Jury, shall be deemed sufficiently technical and correct, which states the offence in the terms and language of this code, or so plainly, that the nature of the offence charged, may be easily understood by the jury. The form of every indictment or accusation, shall be as follows: GEORGIA, County. The Grand Jurors, sworn, chosen and selected for the county of to wit, in the name and behalf of the citizens of Georgia, charge and accuse A. B. of with the offence of for that the said A. B. (here state the offence, the time and place of committing the same, with sufficient certainty) contrary to the laws of said state, the good order, peace and dignity thereof.

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If there should be more than one count, each additional count shall commence with the following form, And the Jurors aforesaid, in the name and behalf of the citizens of Georgia, further accuse and charge A. B. with having committed, (here state the offence as before directed,) for that c. 12. Every exception as to form, and not substantially affecting the offence, shall be made before trial, and not after, and if sustained, a new indictment shall be presented, and no motion in arrest of judgment, not affecting the merits of the offence, shall be sustained by the court, but a new trial may be granted by the court to afford an amendment to the indictment, or more full discussion on the real merits of the offencean indictment may be at any time amended with leave of the court after argument. 13. Upon every indictment, the principal witness or prosecutor's name shall be indorsed, who upon the acquittal or discharge of the person accused, shall be compelled to pay all costs which have accrued, if the grand jury by their foreman, upon returning No Bill express it as their opinion, that the prosecution was unfounded or malicious, or if the petit jury, upon returning a verdict of Not guilty, shall express a similar option. ARRAIGNMENT, TRIAL AND VERDICT. 14. No person indicted, unless it be for a felony, or for an offence which may subject him on conviction, to imprisonment in the [Illegible Text], for the term of three years, shall be put for his arraignment in the bar dock, or other place set apart in a court room for the arraignment of criminals. 15. Every person charged with a felony or any offence, which may subject him on conviction, to an imprisonment in the penitentiary for the term of three years, shall be furnished, previous to his arrangement, with a copy of the indictment and a list of the witnesses who gave testimony before the grand jury. 16. Every person charged with an offence, shall at his or her request, or the request of his or her counsel, be furnished

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with a copy of the indictment, and the aforesaid list of witnesses. 17. Upon the arraignment of a prisoner, it shall be sufficient, without complying with any other form, to declare orally by himself or herself, or his or her counsel, that he or she is not guilty, which declaration or plea, shall be immediately put upon the minutes of the court by the clerk, and the mention of the arraignment and such declaration or plea, shall constitute the issue between the prisoner and the people of this state; and if the clerk should neglect to insert in the minutes, the said arraignment and plea, it may and shall be done at any time by order of the court, and then the error or mistake of the clerk shall be cured. 18. If the person pleads guilty, or is mute, on accusation of felony, the court shall notwithstanding, direct the declaration of not guilty to be put upon the minufes, and the trial shall proceed in the same manner it would have done, if the prisoner, or his or her counsel, had plead not guilty. 19. The plea of not guilty recorded on the indictment for any offence, which does not require the formality of an arraignment, shall be deemed sufficient to constitute the issue between the prisoner and the people of this state; and if the Attorney or Solicitor General, or other person, prosecuting in behalf of this state, shall neglect to have said plea recorded, it may at any time, during or after the trial, be ordered to be done by the court, and such order shall cure the error or defect. 20. No prisoner shall be brought into court for arraignment or trial, tied, bound or fettered, nor shall such prisoner be tied, bound or fettered, unless the court shall deem it necessary, during his or her arraignment or trial And if the health of the prisoner or other circumstances may appear to render it more convenient to the prisoner and his counsel, that he or she should not be placed for his or her arraignment, or during his or her trial, within the bar dock, or other place assigned in the court room for criminals, the court may grant the indulgence of removing the prisoner to any other place in said court room, or contiguous

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to it, requested by the prisoner or his or her counsel. 21. Every person indicted for a felony, or crime which may subject him or her on conviction to death, or five or more years imprisonment in the penitentiary, may peremptorily challenge twenty of the jurors empannelled to try him or her.And on all other offences punishable with hard labor, the person indicted shall be allowed twelve peremptory challenges. 22. On every trial for an offence contained in this code, or for any offence, the jury shall be judges of the law and the fact, and shall in every case, give a general verdict, of guilty or not guilty, and on the acquittal of any offender, no new trial shall, on any account, be granted by the court. 23. Every person against whom a bill of indictment is found, shall be tried at the term of the court the indictment is found, unless the absence of a material witness or witnesses, or the principles of justice should require a postponement of the trial, and then the court shall allow a traverse or postponement of the trial until the next term of the court; and any person indicted for an offence not affecting his or her life, and demanding a trial, which demand shall be placed upon the minutes of the court, shall be discharged upon his or her giving bail to appear at the next court; and if not tried at said court, shall be absolutely discharged and acquitted of the offence, contained in the indictment; provided, that at both terms, juries were empannelled and able to try such offender; and every person against whom a bill of indictment has been found, who appears and demands his or her trial, at the first term after such bill shall have been found, and the officer prosecuting in behalf of the people, cannot assign some legal or satisfactory reasons for wishing a postponement of the trial, such as the absence of a material witness or witnesses, and a well grounded expectation of being able to proceed on said trial at the next termthen the person so indicted and demanding his or her trial, shall be absolutely discharged and acquitted of the offence contained and charged in the indictment; and in

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no case shall a nole prosequi be entered on any bill of indictment, after the case has been submitted to the jury. 24. Where a person shall be indicted and convicted on more than one indictment, and the sentences are imprisonment in the penitentiary, such sentences shall be severally executed after the expiration of each other, but with as great a mitigation, and with as much leniency as the nature of the offences and the principles of justice shall require. FINES AND COMPENSATIONS. 25. Every fine not specially appropriated in this code, shall after collection be first applied by order of court, towards the indemnification of any person or persons whose property may have been destroyed or stolen, injured or taken away, or fraudulently conveyed or converted by the offender or offenders; and the remainder, if any there shall be, paid over to the justices of the Inferior court of the county where the offence shall have been perpetrated, to be applied to the public purposes of said county. But all fines imposed for offences committed in the county of Chatham, shall after such indemnification as aforesaid, be paid over to the corporation of the city of Savannah, to be applied to the support and maintenance of prisoners in the common jail of said county of Chatham, to defray all expences incidental to said prison, and incurred by said corporation, and also to keep in good order the courthouse of said county. 26. All stolen property shall be restored to the owner, and when such restitution is obtained, and no particular appropriation of the fine is directed by this code, one moiety of said fine shall be paid over to the Justices of the inferior court, or the corporation as aforesaid, to be applied as aforesaid, and the other morety into the treasury of this state, to be applied to the support and maintenance of the prisoners in the penitentiary, or to defray other expences, incurred in said penitentiary. 27. Every fine imposed by this code, or left at the discretion of the court, shall be immediately paid, or within such reasonable time as the court may grant.

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28. The court may in every case where the fine is at its discretion, put the person or persons, upon his, her, or their [Illegible Text] dire, or oath, as to his, her or their circumstances or capability, to pay the fine, and then the Court, if satisfied with the information thus obtained, shall impose such fine as the person or persons convicted, may be able to pay. 29. In every case contained in this code, where the value of the property stolen, injured, destroyed, taken away, or fraudulently converted and conveyed, or a two fold, three-fold, four-fold or any other value is directed to be paid over, forms a part of the punishment, every such value shall be fixed and ascertained by a jury, sworn, and impannelled for this purpose, who under any collateral issue, the court may direct, shall return a verdict, upon any information they can obtain. BENEFIT OF CLERGY AND THE PUNISHMENT OF DEATH. 30. The benefit of clergy as heretofore claimed under the criminal laws of this state, or any legal exception in consequence of the omission of the words benefit of clergy, are hereby abolished, and declared a [Illegible Text] [Illegible Text] and unmeaning privilege and form. The term DEATH, in this, or any future penal system, shall be sufficient to justify the infliction of that punishment. 31. The sentence of death shall be executed, by publicly hanging the offender by the neck, until he, or she, is dead. OATH OF WITNESSES AND JURORS, AND COMPETENCY OF WITNESSES. 32. On the trial of every offender, the following oath shall be administered to, and taken by every person composing the Jury, and by every witness.I, A. B. in the presence of Almighty God, the searcher of all hearts, to whom, after this life, I believe myself accountable, (if a witness.) will give my testimony in this case, according to my knowledge of facts, and to the best of my beliefthis I solemnly swear(if a juror) will agree to a verdict, in this case, according to my opinion of the law,

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and the evidence, without suffering myself, as far as I am able, to be influenced, by prejudice, partiality, friendship or affectionall this I do solemnly and sincerely swear. 33. The form of oath thus prescribed, shall be repeated in a distinct and clear manner by every witness and juror, and it shall be the duty of the officers of the court to remind all persons attending, that the oath is about to be administered to a witness, or juror, as the case may be, and if any person shall interrupt the silence necessary to be observed during the time such witness, or juror, shall be repeating said oath, it shall be considered a contempt, and the court shall immediately inflict a fine at its discretion. 34. In every case in this CODE, where restitution or a pecuniary compensation is directed to be made to the person or persons whose property hath or have been stolen, injured, destroyed, taken away, or fraudulently converted or conveyed, or where a pecuniary compensation is directed to be made, the person or persons whose property hath or have been so stolen, injured, destroyed, taken away, or fraudulently converted or conveyed, or who hath or have received such personal injury, shall be a competent witness or witnesses, on the trial of the offender or offenders. OFFENCES RELATIVE TO SLAVES. 35. Any person except emigrants, bringing, importing, or introducing into this state, by land or water, any slave or slaves, with intent to sell, transfer or barter such slave or slaves, such person shall be guilty of a high misdemeanor, and on conviction, shall be sentenced to pay a fine, not exceeding five hundred dollars for each slave so imported, brought in, or introduced, and to undergo an imprisonment in the penitentiary at hard labor, for any period of time not less than one year, nor longer than three years, as the jury may recommend;and the fact of offering for sale, transfer or barter, such slave or slaves, within the term of one year after the bringing into this state, shall be sufficient evidence of

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the intent of such importation or introduction, (though no actual sale, barter or transfer be made); and every person so concerned or interested in bringing, importing or introducing such slave or slaves, shall be equally guilty as the principal, and on conviction shall suffer the same punishment as before prescribed. 36. If any person shall conceal, harbor, hide, or cause to be concealed, harbored or hidden, any slave or slaves, to the injury of the owner or owners thereof, such person so offending, shall on conviction, be sentenced to pay a fine, and on the recommendation of the jury, shall also be imprisoned in the penitentiary, at hard labor, for any period of time not exceeding two years Provided nevertheless, that on the trial for this offence, the person charged with it, shall be acquitted, if he or she had an apparent, well founded claim to the slave, or slaves, so harbored and concealed; and on every conviction for concealing or harboring a slave or slaves, the owner, or owners, of such slave or slaves, may recover damages by a civil suit for the loss of the labor and services of such slave or slaves, notwithstanding the said conviction. 37. If any person shall remove or carry, or cause to be removed and carried away out of this state, any slave or slaves, or out of the county, where such slave or slaves may be, without the consent of the owner, or owners, and with the view to deprive such owner, or owners, of said slave or slaves; any person so offending, shall on conviction, be sentenced to pay a fine, not exceeding five hundred dollars, for every slave so removed or carried away, and also, undergo an imprisonment in the penitentiary, at hard labor, for any period of time not exceeding two years, as the jury may recommend. 38. Any person, (except the owner,) beating, whipping, or wounding a slave, or beating, whipping or wounding a free person of colour, without sufficient cause, or provocation being first given by such slave or free person of colour, may be indicated, and on conviction, shall be fined at the discretion of the court, and also imprisoned, if the jury should recommend that additional punishment.And the owner of such slave, or the guardian

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of such free person of colour, may, notwithstanding such conviction, recover, in a civil suit, damages for the injury done to such slave, or free person of colour. 39. Any owner or owners of a slave or slaves, who shall cruelly treat such slave or slaves, by unnecessary and excessive whippings, by withholding proper food and sustenance, by requiring greater labor from such slave or slaves, than he, she or they are able to perform, by not affording proper clothing, whereby the health of such slave or slaves may be injured and impairedevery such owner or owners shall upon sufficient information being laid before the grand jury, be by said grand jury presented, whereupon it shall be the duty of the Attorney or Solicitor general, to prosecute said owner or owners, who on conviction, shall be sentenced to pay a fine at the discretion of the court, and also be imprisoned, if the jury trying the offender or offenders, shall think proper to recommend that additional punishment. CONSTRUCTION OF THIS CODE, AND DUTY OF THE JUDGES OF THE SUPERIOR COURTS. 40. Every section of this Code, and all its terms and expressions, shall receive a liberal construction, according to the true intention and meaning, and which may be best calculated to carry it into effect. 41. It shall, and it is hereby declared to be, the duty of the Judges of the Superior courts to make a special report, semi annually, to the Governor of this state, and by him to be submitted to the Legislature, of all such defects, omissions or imperfections in this code, as experience on their several circuits may suggest. CONVICTIONS FOR A SECOND OFFENCE. 42. Any person convicted of an offence, which by this code, has subjected him to an imprisonment in the penitentiary, for a period of five years, or not exceeding seven years, shall upon conviction a second time, for the same offence, be sentenced to undergo an imprisonment at hard labor, in the penitentiary, for the period of ten years.

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43. Any person convicted of an offence, different from that of which he, or she, has been before convicted, and has been sentenced to, or suffered an imprisonment in the penitentiary, on such first conviction, for the period of one year, and not exceeding four years; shall upon such second conviction, be sentenced to undergo an imprisonment in the penitentiary at hard labor, for the term of seven years. 44. All crimes and offences, committed before this act goes into operation, shall be prosecuted as heretofore, but the punishments shall be as similar to those designated in this code, as it may be in the power of the court to order and direct. 45. So soon as this code shall have been declared in operation, all laws, or parts of laws, repugnant to it, shall be, and they are hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives. WILLIAM RABUN, President of the Senate. D. B. MITCHELL, Governor. Assented to, 19th December, 1816.

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RESOLUTIONS, WHICH ORIGINATED IN SENATE. In Senate, 4th December, 1816. The committee to whom was referred the petition of Edward Pate, respectfully report; That they have examined the subject matter of said petition, together with the accompanying documents, and are induced to believe, that the name of the petitioner was improperly returned by his guardian, for a draw in the first Land Lottery, in that, the petitioner was not returned as an orphan, in which character he really stood. The grant of course, issued to him in his individual right, and this circumstance probably led to the recovery against him. The fact however, that this omission was committed by the guardian, is not proven so satisfactorily as would in the opinion of the committee, justify the granting of the prayer of the petitioner. To afford an opportunity for the obtainment of further proof, and to prevent in the mean time, a sale by the state, the committee recommend the adoption of the following resolution: Resolved, That the sale of one half of lot No. 318, in the 4th district of Baldwin, now Morgan county, which belongs to the State, be suspended until the end of the next Legislature. Approved, 19th December, 1816. In Senate, 5th December, 1816. Resolved, That Tuttle H. Moreland and Duncan Ray, be and they are hereby appointed Notaries Public for the town of Hartford and county of Pulaski. Approved, 19th December, 1816. In Senate, 6th December, 1816. The committee on the State of the Republic, to whom

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was referred the Governor's communication to the General Assembly, upon the subject of the Oconee Navigation, report; That they have examined the minutes of the Oconee Association, and the account of the expenditures and receipts of the last year. The committee deem it advisable to recommend the appropriation of a sum sufficient to pay the instalments upon the shares in the State Bank, purchased by the Oconee Association; Provided, the same are made inalienable by the said company, and placed at the disposition of the General Assembly, whenever it may be deemed necessary to resume the same, and to convert it to the improvement of the navigation of other rivers. And that the additional sum of six hundred dollars be appropriated to the said Oconee Association, for the purchase of a negro man, to replace the one unfortunately drowned. Approved, 19th December, 1816. In Senate, 6th December, 1816. Resolved, That Maj. James Smith, be and he is herebe appointed, a Notary Public for the town of Clinton and county of Jones. Approved, 19th December, 1816. In Senate, 6th December, 1816. Resolved, That William Meriwether be, and he is hereby appointed, a Trustee of Meson Academy, in the county of Oglethorpe, in place of George Moore resigned. Approved, 19th December, 1816. In Senate, 9th December, 1816. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That His Excellency the Governor be, and he is hereby requested, to urge the Executive Government of the United States to take the necessary measures for causing the boundary line between the United States and the Spanish

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dominions adjacent to Georgia, to be ascertained and marked. Approved, 19th December, 1816. In Senate, 11th December, 1816. Resolved, That the sum of ten dollars and 2 1-2 cents, be and the same is hereby appropriated to Wilson Williams, it being a sum by him over paid the State, through a mistake in the Receiver of Tax returns for Wilkinson county. Approved, 19th December, 1816. In Senate, 13th December, 1816. Resolved, That His Excellency the Governor be, and he is hereby authorised and requested, to transmit to the President of the United States, the [Illegible Text] and remonstrance of the present Legislature on the subject of the Treaty, made by General Jackson with the Creek Indians, together with his views and opinion on that subject; and that he also transmit a copy thereof to each of our Senators and Representatives in Congress, with instructions to our Senators and a request to our Representatives, to use their influence with the general Government, to obtain, at as early a period as possible, an extension of settlement, by extinguishment of the Indian title to lands on either of our frontiers; and that the application be presented with energy, but with respect, and not discontinued until the just and equitable demands of the State are attended to. Approved, 19th December, 1816. In Senate, 14th December, 1816. Resolved, That James Wingfield be, and he is hereby appointed, a Commissioner of the Academy of the town of Washington, in place of Dr. Gilbert Hay resigned. Approved, 19th December, 1816. In Senate, 16th December, 1816. Resolved, That the Sheriff of Effingham county be,

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and he is hereby authorised and required, to sell a tract of land in said county, containing by estimation, three thousand acres, which was confiscated as the property of Thomas Skinner; the sale to be on the day prescribed by law for Sheriff's sales, after giving thirty days notice, in some one of the Gazettes of this state, and to the highest bidder, and paid in three annual instalments, and be well secured by bond and personal security, each instalment in ten notes of equal sums; and be equally divided among the Commissioners of the Academies of the several counties of Elbert, Jackson, Morgan, Jasper, Putnam, Laurens, Montgomery, Scriven, Bulloch and Clark; and that the Commissioners do appoint an agent to attend said sale, and see that said land does not sell for less than its worth, or bid off the same for the use of the academies of said counties, and that the commissioners of confiscated property do make titles to the purchaser or purchasers. Approved, 19th December, 1816. In Senate, 4th December, 1816. Milledgeville, Georgia, 2 d December, 1816. To His Excellency, THE PRESIDENT OF THE UNITED STATES: The memorial and remonstrance of the Senate and House of Representatives of the State of Georgia, in General Assembly met Your Memorialists, beg leave to address His Excellency the President of the United States, and to lay before him their views on a subject highly interesting to the people of this State, and entitled to the serious attention of the national government. This subject, to which your memorialists respectfully solicit the attention of your Excellency, is the stipulation in the articles of agreement and cession, entered into on the 24th of April, 1802, between the Commissioners of Georgia, and Commissioners of the United States, in which the United States have pledged themselves, to [Illegible Text] the Indian title, to all lands within the limits of Georgia.

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The Citizens of Georgia, satisfied with this stipulation of the compact, and reposing great confidence in the disposition of the General Government to fulfil every engagement of the United States, and particularly this, flattered themselves with the hope, that the treaty of General Jackson, would have obtained a further cession of territory, and established a line with a much greater respect for the interest of Georgia, than that treaty has evinced. No crissis ever presented such prospects of an advantageous extinguishment of Indian title as the period of the Treaty referred to. A severe [Illegible Text] had been inflicted on the Creekstheir power was brokentheir arrogance subdued; it only became necessary under these circumstances, to have demanded and obtained an accession to such terms, as the United States, looking to their compact with Georgia, might have thought proper to have dictated. These circumstances, were not permitted however to have their appropriate weight of influence, and therefore the citizens of Georgia have found themselves mortified and disappointed in all the expectations they had formed of the results of this treaty. In adverting to the boundaries of the treaty, it will be readily perceived, that the two great objects which should always have been in view, an extension of settlement and security of frontier, have been greatly, if not totally, neglected. Your memorialists, referring to the most approved maps of the Creek nation, think these facts clearly establishedThat the course from the Chatahoochie, running due East, to a point which shall intersect the line now dividing the lands claimed by the Creek nation from those claimed by the state of Georgia, will throw the rivers Ocmulgee and Altamaha on the left, and will strike the Georgia line a short distance, or not far below the Fort formerly called Fort-James, and consequently, leave the Indian title unextinguished to the narrow, but important, slip of land, for the whole distance along between the line and the river Ocmulgee. Now it appears to your memorialists, and after proper consideration your Excellency must be convineed, that

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Georgia has derived little or no advantage from the establishment of this line; for leaving out of view the sterile and unprofitable territory acquired, it can scarcely be expected, that our citizens, or emigrants from any section of the United States would occupy a territory, having on one side the Spanish line, and the Indians between them the settlements in Georgia. Such would be their situation according to the line established in the treaty of General Jackson. Your memorialists beg leave further to represent as a just ground of complaint, that according to the treaty concluded by Gen. Jackson, all the Territory left for the use of the Creek nation of Indians, lies either within the limits of Georgia or stretches along its western boundary. The consequence of this state of things must be obvious. The government of the United States will now find it extremely difficult ot obtain a further extinguishment of Indian title, in the very quarter where by positive compact they were most bound to obtain it, and have by their own act rendered a compliance with their solemn engagement to Georgia, distant and precarious. Your Memorialists believing that in this Treaty the interests of Georgia have been abandoned, or at least overlooked, and that she can now, or at any other period, rightfully claim of the United States a more satisfactory compliance with the stipulation of their compact, DO, for and in behalf of the citizens of Georgia, protest and remonstrate against said treaty, so far as it relates to extinguishment of Indian title within the limits of said state; and DO further, for and in behalf of the citizens of said state, request that measures may be taken as speedily as circumstances will permit, to procure an additional cession of territory, and extinguishment of Indian title, conformably to the stipulation contained in the said articles of agreement and cession, entered into between the commissioners of Georgia and of the United States. Approved, 19th December, 1816. In Senate, 16th December, 1816. Resolved, That Doctor Samuel Boykin, Doctor Tomlinson

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Fort, Thomas H. Kenan, John Howard, Zachariah Lamar, George Rootes Clayton, Edmund Booker Jenkins, Abner Hammond and Miles Greene be, and they are hereby appointed, a Board of Inspectors for the Penitentiary, and its appurtenances. Approved, 19th December, 1816. In Senate, 16th December, 1816. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the Senators in Congress be instructed, and our Representatives requested, to use their endeavors with the General Government, to have the port of Darien, in this state, established as a port of entry. And be it further resolved, That His Excellency the Governor be, and he is hereby requested, to transmit copies of this resolution to our said Senators and Representatives. Approved, 19th December, 1816. In Senate, 17th December, 1816. Resolved, That the sum of ninety-two dollars be, the same is hereby appropriated to defray the expence of the interment of the Honorable George G. Nowlan, a member of Senate, from the county of Effingham; and that His Excellency the Governor, be requested to pay the same out of the contingent fund. Approved, 19th December, 1816. In Senate, 6th November, 1816. Resolved, That Alexander Greene and Isaac Bower be, and they are hereby appointed, Vendue Masters for the town of Milledgeville. Approved, 13th November, 1816. In Senate, 20th November, 1816. Resolved, That Tilman Dixon, Morgan Brown, John T. Reaves and Henry Crowell be, and they are hereby appointed, Commissioners of the Academy of Washington county, in place of Jesse Jordan, George [Illegible Text]

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and Francis Tennell, deceased, and John Howard removed. Approved, 2d December, 1816. In Senate, 7th November, 1816. Resolved, That the Executive appointment of Thomas W. Cobb, a Trustee of the University of Georgia, in place of George M. Troup, refusing to serve be, and the same is hereby confirmed. Approved, 13th November, 1816. In Senate, 7th November, 1816. Resolved, That Isaac Anthony and Benjamin Branham be, and they are hereby appointed, Vendue Masters for the town of Washington, in the county of Wilkes. Approved, 13th November, 1816. In Senate, 11th November, 1816. Resolved, That George Cary, esq'r be, and he is hereby appointed, a Notary Public for the county of Columbia. Approved, 27th November, 1816. In Senate, 11th November, 1816. Resolved, That Ely Brack be, and he is hereby appointed, a Commissioner of the Academy of Wilkinson county, in the place of John Ball, deceased. Approved, 27th November, 1816. In Senate, 13th November, 1816. Resolved, That Arthur C. Perry and William Dunn be, and they are hereby appointed, Commissioners of the Public Buildings of the county of Twiggs, in place of Jacob Ricks, deceased, and James Ware, resigned. Approved, 27th November, 1816. In Senate, 15th November, 1816. Resolved, That Solomon Worrel and David Roland be, and they are hereby appointed, Commissioners of the Courthouse and Jail of the county of Wilkinson, in

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the place of John Ball, deceased, and John Speight, removed without the county. Approved, 2d December, 1816. In Senate, 18th November, 1816. Resolved, That Thomas King be, and he is hereby appointed Vendue Master for the town of Dublin, in the county of Laurens. Approved, 2d December, 1816. In Senate, 14th November, 1816. Resolved; That Thomas B. Rutherford be, and he is hereby appointed, a Notary Public for the county of Washington. Approved, 2d December, 1816. In Senate, 21st November, 1816. Resolved, That William Baillie be, and he is hereby appointed, a Commissioner of Camden county Academy, in place of William Scott, deceased. Approved, 2d December, 1816. In Senate, 21st November, 1816. Resolved, That Moses Wheat be, and he is hereby appointed, a Commissioner of the public buildings of the county of Twiggs, in the place of James M. C. Cormick, resigned. Approved, 2d December, 1816. In Senate, 23d November, 1816. The joint committee on Finance, to whom was referred the petition and accompanying documents of Jeremiah Sparks, Tax Collector of Morgan county, beg leave to submit the following report: That they have taken the same into consideration, and are of opinion, that his case is such a one as requires Legislative interference, and therefore recommend the following resolution: Resolved, That His Excellency the Governor be, and he is hereby authorised and required, to stay all proceedings against the said Jeremiah Sparks, Tax Collector of

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Morgan county for the year 1815, so far as relates to the balance of tax due the State for said year, upon his, the said Sparks, giving bond with two good securities, for the said balance, to be approved by the Inferior court of said county, or a majority of them, payable at the expiration of two years, not bearing interest till due, and that the Comptroller be directed not to charge him interest until the expiration of two years. Approved, 12th December, 1816. In Senate, 26th November, 1816. The select committee, to whom was referred the petition of Lemuel Vickers, are of opinion that the prayer of the petitioner is reasonable, and ought to be grantedtherefore, respectfully submit the following resolution: Resolved, That the Commissioners of the town of Milledgeville be, and they are hereby authorised to lease, free of rent, twenty acres of cleared lands on the Common of said town, for the term of two years, to Lemuel Vickers. The land at the expiration of said term, to be left with a good enclosure or lawful fence. Approved, 12th December, 1816. In Senate, 27th November, 1816. Resolved, That Seaton and Fleming Grantland, have the Public Printing the Laws and Journals of this state, for the year 1816, at the same price and on the same conditions as for the preceding year. Approved, 12th December, 1816. In Senate, 28th November, 1816. Resolved, That Joseph Crews, of Wayne be, and he is hereby appointed, a Notary Public in and for the county of Wayne. Approved, 12th December, 1816. In Senate, 29th November, 1816. Resolved, That the Adjutant General of this state be, and he is hereby required, to consolidate and abbreviate the several militia laws of this state, with such amendments

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and additions thereto, as he may deem useful, and to report the same to the next Legislature. Approved, 12th December, 1816. RESOLUTIONS, WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. In the House of Representatives. 7th November, 1816. RESOLVED, That M'Queen M'Intosh and James Watson be, and they are hereby appointed Notaries Public for the town of Darien and county of M'Intosh. Approved, 18th November, 1816. In the House of Representatives, 7th November, 1816. RESOLVED, That Joseph W. Oneal and James Kendrick be, and they are hereby appointed Lumber Measurers for the town of Darien, in the county of M'Intosh. Approved, 18th November, 1816. In the House of Representatives, 7th November, 1816. RESOLVED, That Charles Davies be, and he is hereby appointed, Lumber Measurer and Notary Public for the county of Chatham; and that John C. Nicoll, Richard Cuyler, Peter Blois, Mordecai Myers and John F. Loyd be, and they are hereby appointed Notaries Public for said county; and that John Scruggs, Henry Joyce and Joshua Hudson be, and they are hereby appointed Lumber Measurers for the county of Chatham. Approved, 18th November, 1816.

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In the House of Representatives, 14th November, 1816. WHEREAS it is represented, that a canal or passage, may be made from the Great Ogechee to the Little Ogechee river, at an expence small, when compared with the benefits which would result therefrom, to the citizens of Georgia, residing upon the Great Ogechee river, in facilitating and rendering more safe, the carriage of their produce down the said river, to the city of Savannah; Be it therefore resolved, That Sherrod M'Call, Benjamin Burton and Anderson Bird, esq'rs. be, and they are hereby appointed Commissioners to examine the premises, and to report thereon to the next General Assembly, as to the usefulness and expence of such a work, if it should, in their opinion, he practicable. Approved, 2d December, 1816. In the House of Representatives, 11th November, 1816. RESOLVED, That Thomas H. Kenan and William Y. Hansell be, and they are hereby appointed Notaries Public for the town of Milledgeville and county of Baldwin. Approved, 18th November, 1816. In the House of Representatives, 11th November, 1816. RESOLVED, That Andrew Shepperd and Samuel Goode be, and they are hereby appointed Commissioners of the town of Washington and Academy thereof, in place of Dr. Joel Abbott and Oliver H. Prince, resigned. Approved, 18th November, 1816. In the House of Representatives, 20th November, 1816. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the Justices of the Inferior courts of the several counties in this state, be authorised and required, to ascertain in their respective

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counties, the number and circumstances of the families of those unfortunate men, whose lives were sacrificed in the defence of the United States, during the late war with Great Britain and the Indian Tribes, and report to the next General Assembly, for their consideration. Approved, 2d December, 1816. In the House of Representatives, 14th November, 1816. RESOLVED, That the Executive appointment of Willoughby Barton Esquire, as a Notary public for the city of [Illegible Text] be and the same is hereby confirmed. And also, that John E. Kean and David Clarke Esquires be, and they are hereby appointed Notaries Public for the city of Augusta and county of Richmond. Approved, 2d December, 1816. In the House of Representatives, 11th November, 1816. RESOLVED, That the Executive appointment of Joseph Hutchinson, esq'r. as Vnedue Master for the city of Augusta, in place of Thomas Barrett, resigned, be, and the same is hereby confirmed. Approved, 2d December, 1816. In the House of Representatives, 20th November, 1816. RESOLVED, That Lunsford C. Pitts be, and he is hereby appointed a Notary Public for the town of Dublin and county of Laurens. Approved, 2d December, 1816. In the House of Representatives, 2d December, 1816. The joint committee, to whom was referred the petition of a number of the citizens of Jackson county, relative to the removal of the scite of the Public Buildings of said countyreport, That from the respectability and number of the petitioners, they are of opinion, that the subject deserves serious

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consideration; but from the flattering prospect of our early acquisition of adjoining territory, in which event, they are induced to believe, the citizens in the exterior of said county may be better accommodated by adding them to new counties, than by moving the scite of the Public Buildings of said county: They therefore recommend, as a temporary relief of said petitioners, that the county be divided into election districts, and recommend the following resolution to be adopted; RESOLVED, that William Penticost, James Wardlaw Esquire, Col. John Pittman and Major Hugh Dickson, with Joseph T. Cunningham, the county Surveyor, proceed to ascertain in the most frugal and accurate manner, the center of said county, the distance from Jefferson, and the situation of such center, and to report to the Inferior court of said county before the sitting of the next Legislature. Approved, 13th December, 1816. In the House of Representatives, 20th November, 1816. RESOLVED, That Relton Allyn Copp, Robert L. Holcomb and Moses Loyd Hill be, and they are hereby appointed Notaries Public for the county of Camden. Approved, 2d December, 1816. In the House of Representatives, 25th November, 1816. RESOLVED, That Elias Fort be, and he is hereby appointed a Notary Public for the city of Savannah and county of Chatham. Approved, 19th December, 1816. In the House of Representatives, 29th November, 1816. RESOLVED, That Edmund Mathews be, and he is hereby appointed a Commissioner of the Glynn county Academy, and a Commissioner of the town Commons of Brunswick in said county, in place of William Huston, refusing to serve. Approved, 13th December, 1816.

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In the House of Representatives, 29th November, 1816. RESOLVED, That Eben Watson be, and he is hereby appointed Harbor Master for the town of Darien, in the county of M'Intosh. Approved, 13th December, 1816. In the House of Representatives, 2d December, 1816. RESOLVED, that His Excellency the Governor be, he is hereby authorised, to designate such room or rooms in the State House, as he may think proper, for transacting the business of the Branch Bank at Milledgeville; and that the Directors of said Branch Bank be allowed to fit up, at the expence of the institution, such room or rooms, so as to render them safe convenient for Banking purposes: Except the rooms assigned for the Senate or Representatives, or the Executive or the Treasury, Secretary of State's, Surveyor General's or Comptroller General's Office. Approved, 18th December, 1816. In the House of Representatives, 3d December, 1816. Resolved, That John Hunter Esq be and he is hereby appointed Commissioner of the Board of Pilotage for the Port of Darien and Sapelo river, in place of Virgil H. Vivion Esq. resigned. Approved, 13th December, 1816. In the House of Representatives, 3d December, 1816. RESOLVED, That John Polloch be, and he is hereby appointed Notary Public for the county of Scriven. Approved, 13th December, 1816. In the House of Representatives, 4th December, 1816. RESOLVED, That Joshua A. Coffee be, and he is hereby appointed a Commissioner of the Board of Pilotage for the port of Darien and Sapelo river, in place of James

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Hamilton, who is not a citizen of the United States. Approved, 13th December, 1816. In the House of Representatives, 30th November, 1816. RESOLVED, That Edward F. Tatnall, Harris H. Hickman and John M'Kinnon be, and they are hereby appointed Notaries Public for the county of Chatham, that Daniel F. McNeil be, and he is hereby appointed a Notary Public for the county of Richmond and City of Augusta. Approved 13th December, 1816. In the House of Representatives, 5th December, 1816. RESOLVED, That Edward Varner be, and he is hereby appointed a Vendue Master for the town of Eatonton, in the county of Putnam. Approved, 13th December, 1816. In the House of Representatives, 7th December, 1816. RESOLVED, That Pearson Petit be, and he is hereby appointed Notary Public for the town of Wrightsborough in the county of Columbia, Approved, 19th December, 1816. In the House of Representatives, 10th December, 1816. RESOLVED, That Thomas W. Grimes be, and he is hereby appointed Vendue master for the town of Greensborough in the county of Greene, for the term of two years. Approved, 18th December, 1816. In the House of Representatives, 12th December, 1816. RESOLVED, That Samuel Rockwell be, and he is hereby appointed a Notary Public for the city of Savannah and county of Chatham. Approved, 18th December, 1816.

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In the House of Representatives. 12th December, 1816. RESOLVED, That Anthony Dyer be, and he is hereby appointed a Trustee of the Monticello Academy, in the county of Jasper. Approved, 18th December, 1816. In the House of Representatives. 12th December, 1816. RESOLVED, That Paul M'Cormick be, and he is hereby appointed a Notary Public for the town of Irwinton in the county of Wilkinson, in the room of Ransom Worrell, removed. Approved, 18th December, 1816. In the House of Representatives, 14th December, 1816. The joint committee, appointed on the part of this house, to join such committee as might be appointed on the part of the Senate, to ascertain what mode would be most beneficial to dispose of the tract of country lately acquired by the United States Commissioners from the Creek Indians, with power to report by bill or otherwise, report as follows: RESOLVED, That it is the opinion of this committee, after mature deliberation, that it would be premature at this time, to dispose of the tract of country which is said to have been lately acquired from the Creek Indians by the United States Commissioners, inasmuch as this committee have nothing before them evidencing the ratification of the cession of the tract of country alluded to, and also inasmuch, particularly as the boundary line between the United States and Spain, bordering on East Florida, has not been run and marked by the authority of the United States; and furthermore, the committee cherishing the hope that the General Government will shortly procure for this state, more lands adjacent to the tract of country, now the subject upon which this report is founded: They therefore, for these and divers other considerations, beg leave to report as their opinion, that to legislate upon this subject at the present, would be inexpedient. Appreved, 19th December, 1816.

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In the House of Representatives, 14th December, 1816. RESOLVED, That His Excellency the Governor, be authorised to settle with T. U. P. Charlton and Charles Harris, Esq'rs. for their services in compiling a Penal Code, out of the contingent fund of the year eighteen hundred and seventeen, if the same has not been done already. Approved, 19th December, 1816. In the House of Representatives, 17th December, 1816. RESOLVED, That Benj'n Williams, Tho's Williams and Seaton Grantland, Esq'rs. be appointed a committoe to join such as may be appointed on the part of Senate, to see the Great Seal of the State affixed to such laws as may remain in the Executive Department at the end of the present session, and to see the Journals of the two houses brought up to the end of the session, and that they be allowed three days after the rising of the Generel Assembly, for this purpose, and that the sum of three dollars be allowed them each per day; also the sum of four dollars each per day to the Secretary of the Senate and Clerk of the House of Representatives, and the sum of four dollars to the engrossing clerk of the House of Representatives and engrossing clerk of the Senate, for three days after the adjournment of the Legislature. Approved, 19th December, 1816. In the House of Representatives. 18th December, 1816. RESOLVED, That his Excellency the Governor be, and he is hereby requested, to have published in the Georgia Journal, as early as possible, for the information of the people, the following acts, passed the present session of the Legislature, to wit: An act to prevent the circulation of notes emitted by unchartered banks, to prohibit the issuing of due bills, and to compel the chartered banks to pay specie when the Bank of the United States and the Banks of the adjacent states shall commence specie payments.

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An act to impose an additional tax on Pedlars and other [Illegible Text] traders. An act for the trial and punishment of slaves and free people of color. An act to prohibit slaves from selling certain commodities therein mentionedand An act to alter the times of holding the Superior courts of the Middle Circuit of this state.....As soon as any, or all of the aforesaid acts, shall become a law. Approved, 19th December, 1816. In the House of Representatives. 17th December, 1816. WHEREAS it appears by a presentment of the Grand Jury of Camden county, that Stephen W. Moore of said county, was improperly double taxed for the year eighteen hundred and fifteen; wherefore be it RESOLVED, That the Tax Collector of Camden county for the year eighteen hundred and fifteen be, and he is hereby authorised and required, to remit so much of said double tax to said Stephen W. Moore, as will reduce it to his usual or single tax, and that the Comptroller General be authorised to settle with said Tax Collector accordingly. Approved, 19th December, 1816. In the House of Representatives, 18th December, 1816. RESOLVED, That the Executive be, and he is hereby authorised and requested, to pay James Rousseau the sum of thirty-two dollars, out of the contingent fund, as a compensation for enrolling the Penal Code. Approved, 19th December, 1816. In the House of Representatives, 18th December, 1816. The committee to whom was referred the petition of James Lane, have had the same under consideration, and are of opinion, that the petition is reasonable and ought to be granted; therefore offer the following resolution:

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Be it therefore resolved, That the said James Lane be further indulged one year, from the first day of May next, for the payment of his fractional purchases Provided nevertheless, the said Lane do pay the one half of the purchase money, and give good and sufficient security for the payment of the balance. Approved, 19th December, 1816.

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INDEX. A Accademies Union Academy in Putnam county incorporated Trustees appointed, 18 Trustees required to lay before the Grand Jury of Putnam, once in each every year, a correct account of the funds of, 19 Warrenton Academy in Warren county, incorporated and Trustees appointed, 43 Trustees of the Richmond Academy authorised to lay off a new range of lots, and the same to sell and to appropriate the money, 64 Washington county Academy, the Commissioners of, authorised to sell a lot of ground in the town of Sandersville, 69 Trustees of the Richmond Academy to convey to the Episcopal Society, 70 Greene county Academy, Commissioners of, appointed, 94 Vacancies in the boards of Commissioners of, to be filled by the remaining commissioners, 102 Twiggs county Academy incorporated and Trustees of, appointed, 104 Commissioners of Baldwin county Academy authorised to sell six lots in the town of Milledgeville for the benefit of said Academy, 110 Trustees of Meson Academy appointed, 204 Washington Academy, commissioners appointed, 205 Of Elbert, Jackson, Morgan, Jasper, Putnam, Laurens, Montgomery, Scriven Bulloch and Clark, to share the profits of the sale of a tract of confiscated land, lying in Effingham county, 206 Washington county Academy, comm'rs of, appointed, 209 , 214 Wilkinson county Academy, a comm'r of, appointed, 210 Camden county Academy, a commissioner of, appointed, 211 Glynn county Academy, commissioner of appointed, 216 Jasper county Academy, commissioner of appointed, 219 Attachments An act to amend former acts on this subject, 41 Appling The Village of, in the county of Columbia, an act for the better regulation of, 50 Commissioners of, appointed, 51 Corporate limits extends 300 yards East and West, North and South of the Court-House, 51 Appropriation An act to appropriate monies for the political year 1817, 65 Andrews Clevis and Elizabeth his wife divorced, 127 Assaults What and how punished, 152 Arson What and how punished, 153 Affrays What and how punished, 179 Arraignment, trial and verdicts, 193 Not to be had in bonds or fetters, but untied, 194 Adjutant General required to consolidate and amend the Militia laws, 212 B Boats Boat hands who are slaves shall not be permited to carry down the Savannah river in boats, corn or cotton on their own account, 20

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Bridges James Rousseau authorised to erect one across the Oconee river, at or near where his Ferry now is, 75 Rates of toll established, 76 Three years allowed him to complete it, 76 Burt Armstead and Samuel Scott authorised to keep a Ferry on the Savannah river, 99 Bank State of Georgia Charter or act of incorporation, passed 16th December, 1815, amended, 116 Governor authorised to assign a room in the State House for, 217 Battle John and Sarah his wife divorced, 127 Bradford Rebecca and John her husband divorced, 127 Brizzel Matthew D. and Polly his wife divorced, 127 Battery What and how punished, 152 Burglary What and how punished, 153 , 154 Bribes Persons receiving of, how punished, 171 Bastardy How punished, 182 , 183 Bakers, Brewers, Distillers, Merchants and Grocers, for certain offences, how punished, 186 Selling bread under the established assizes, how punished, 188 C Change Bills No unchartered bank, company or association of persons shall issue bills of two dollars and upwards, 3 , 4 If issued, the holders may recover 25 per cent over the value of the bills he or they may have in possession, 4 No corporate body or association of persons, nor individuals shall after the 19th December, 1816, issue change bills under two dollars, 4 If issued and circulated, the holder or holders may recover three times the amount he or they may have in possession, 4 On all change bills heretofore issued by unauthorised bodies or companies, or individuals, a tax of 20 per cent imposed, 5 All corporate bodies, companies and individuals who refuse or neglect to make return of the amount issued by them, shall forfeit and pay $ 500, to be collected by a Collector's execution, 5 Chartered Banks of this State required to pay specie for their notes in circulation, so soon as the Bank of the U. States and the Banks of the adjacent states shall commence specie payments, 4 Courts Interior courts in the middle circuit, time of holding changed, 8 Time of holding the Superior and Inferior courts in Wilkes county, altered, 49 Time of holding the Superior court of the Fall term in Madison county, altered, ib Inferior court of Burke county authorised to have the records of the court of Ordinary transcribed, 77 Time of holding Inf'r courts in the county of Jasper, altered, 100 Courts Superior Judges of, how to construe the Penal Code and their duty therein, 200 Inferior of the several counties to report to the next General Assembly, the families that have lost some one thereof in the late war, 214 Ceasus The taking of required and provided for, When taken to be lodged in the Clerk's office of the Superior court, which shall be by the first day of October next, and transmitted by the respective Clerks to the Governor, by the first Monday in November next, 10

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Clerks Inferior courts required to pay over to the court monies which belong to the county, and in case of refusal, the court may issue execution against him or them, 37 Costs How to be secured and collected on criminal prosecutions, 78 Chauvin Wm. and Ann his wife divorced, 126 Cook Lucy and James her husband divorced 127 Crimes Persons incapable of committing of, 143 Accessories to, 145 Against God, ib Against the state and the people, 146 Against the public justice, 170 Cattle Stealing see theft, 156 Cards, dice, checks and billiards, playing at prohibited, 184 Clergy, benefit of, upon old principles, declared ridiculous and unmeaning privileges, and abolished, 197 Chatham county, Lumber measurers appointed for, 213 Canals Commissioners appointed to examine the ground between the Great and Little Ogechee rivers, and to report, 214 Constables to give bond and security in certain amount, 38 Clinton Town of, in the county of Jones incorporated, 74 D Darien Town of, incorporated, 56 Shall have an Intendant and town Council, 59 A Flour Inspection established therein, ib The Council to have legal jurisdiction in civil cases to certain extent, 61 Established as a Port of entry, 209 Lumber Measurers appointed for, 213 Harbor Master appointed for, 217 Commissioners Pilotage appointed for, 217 Davis Hannah, Widow of Thomas, an act for her relief, 92 Duglass John and Jane his wife divorced, 127 E Estrays All estray horses, asses or mules to be advertised in certain news papers, 7 Escheats The act to regulate, passed 5th December, 1801, explained and amended, 40 Elections An act to regulate the General elections in this state altered, as respects Franklin and Jackson counties, 42 Ebenezer Creek Act authorising John M. Dasher to keep open improve the navigation, to erect mills thereon, repealed, 82 Eatonton Act incorporating of, altered and amended, 96 Effingham county Inferior court of, authorised to levy an extra tax and to sell an old brick building in Ebenezer, to defray the expence of building a Courthouse in said county, 106 Elbert county Inferior court of, authorised to build a new Courthouse on a scite different from where the old one now stands, 107 Embracery What and how punished, 177 F Ferries One established over the Great Satilla river at the old town Bluff, 71 One established on the Savannah river, 99

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False imprisonment What and how punished, 152 Forgery and counterfeiting, 165 Of the Great Seal, any county or corporation Seal, 169 Forestalling, regrating and engrossing, abolished, 189 Fraud, in packing cotton, barreling pork, packing sugar, c. how punished, 189 Fines and compensations, 196 G Greensboro' The appointment of a Vendue master for, authorised, 90 Commissioners of, required to keep all roads within one mile of the corporate limits in good repair, 94 Governor requested to urge the running the line between Georgia and the Spanish dominions in America, 204 Requested to forward to the President of the U.S. the memorial and remonstrance against Jackson's Treaty, 205 Requested to settle with Charlton and Harris for drafting the Penal Code, 220 Requested to have several acts of the present session published in the Journal, 220 Grantland Seaton Fleming, to have the public printing, 212 Hogg Agness An act to pardon her, 31 Hotchkiss Exclusive right of running Stages between Savannah and Milledgeville secured to, 81 Hartford Act incorporating of, amended, 93 Hawthorn James Name altered to that of Dukes, 99 Hickman Walker and Martha his wife, divorced, 127 Howard Lucy and Martin her husband, divorced, 127 Head Benjamin and Margaret his wife, divorced, 127 Horse-Stealing see theft, 155 [Illegible Text]-Stealing see theft, how punished, 157 Houses disorderly How the keeping of shall be punished, 184 J Jones Thomas Jones and Nancy his wife, divorced, 30 Irwinton Town of incorporated and commissioners appointed, 72 Johnson Esther and James The property of Elisha Brothers vested in them, 86 , 87 Jones county Scite of the public buildings established, lots to be sold and the money how appropriated, 111 Jeter Edmund and Lucy his wife, divorced, 127 Indictments Form of, 192 Jurors Judges of the law and the fact, 195 Oath of, 197 Jackson county Persons appointed to ascertain whether the public buildings thereof are central, 215 Lumber and Staves An act declaring what kind shall be merchantable and prescribing the proper dimensions of Staves, 102 Measurers to be appointed in future by the incorporations, ib Lexington Acts for the better regulation of, amended, 113 Libels The truth may be given in evidence, 181 Lands lately obtained by Jackson's treaty with the Creek Indians, resolution on the subject of, 219 Lane James Resolution in favor of, 222 M Militia Uniform of the Officers of, altered, 23 Of Camden countythe act authorising part of them to muster at St. Marys, repealed, 101 Myrick John W. Samuel and Thomas Y. names of, altered and changed to that of Berry, 24

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Milledgeville Mechanic Society incorporated, 25 , 26 Commissioners of, authorised to lease to the highest bidder, one acre of town common near Troutman's [Illegible Text], 118 Monticello Town of, in the county of Jasper, act for the better regulation of, 27 Comm'rs of, elected on the 2d Monday in Jan. in every year, 29 M'Rae Robert H. and Richard H Long, secured in the exclusive right of running a line of Stages from Augusta to Athens, 84 Marine and Fire Insurance company The 5th section of the act incorporating of, repealed, 91 Marion incorporated and commissioners appointed, 102 , 103 M'Manus Robert, an act pardoning him of the crime of murder, 111 Mills Thomas and Sarah his wife, divorced, [Illegible Text] Martin Polly and Joseph John her husband, divorced, 127 Murder What constitutes, 146 Of a bastard child by the Mother, how punished, 149 Manslaughter What constitutes it, 147 Mayhem What it is, 150 Malpractice In a Justice of the Peace, how punished, 177 Marks and Brands Altering and counterfeiting, how punished, 189 Mischief, fraudulent or malicious, 190 Memorial and remonstrance to the General Government against Jackson's treaty, 206 Moore Stephen W. resolution in favor of, 221 N Notaries Public To be appointed in future by the corporations of towns, where such appointments are necessary, or by the Justices of the Inferior court, 102 Appointed for Pulaski county, 203 Appointed for Jones county, 204 Appointed for Columba's county, 210 Appointed for Washington county, 211 Appointed for Wayne county, 212 Appointed for M'Intosh county, 213 Appointed for Chatham county, 213 , 216 , 218 Appointed for Baldwin county, 214 Appointed for Richmond county, 215 Appointed for Dublin, 215 Appointed for Camden county, 216 Appointed for Scriven, 217 Appointed for Wrightsborough, 218 Appointed for Wilkinson, 219 Nuisances generally What and how punished, 185 Nowlan George G. Expences of Interment defrayed, 209 O Officers County officers, all the public acts of, legalized, whether they have or have not taken the oath to support the constitution of this and the United States, 24 , 25 The oath to support the Constitution of this and the U. S. to be administered in future to all public officers upon the receipt of their commissions, 25 Judicial officers in the Middle circuit, all acts of, legalized, whether they have or have not taken the oath to support the Constitution of this and the United States, 68 , 69 Orphans An act to protect their estates and make permanent provision for the poor, passed 16th December 1811, altered and amended, 125

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Offences against the public peace and tranquility what and how punished, 178 Against the public morality, health and police, 181 Committed by cheats swindlers against the public trade, 187 P Pedlars Required to take out a license in each county where they may vend goods, 12 , 13 For neglecting to take out license and found trading without, subject to a fine of $ 500, but any of the manufactures of this state may be sold without license, 14 Powelton Town of, in the county of Hancock, an act for the better regulation of, 21 Commissioners of, elected on the second Monday in January in every year, 22 Protestant Episcopal Society in Augusta incorporated, and shall have a lot in said city conveyed to them by the Trustees of the Richmond Academy, 71 Pilotage William Wall and Andrew Guarde, two persons of color, restored to the privileges of piloting vessels to and from the several ports in this state, 86 Pittman Jeremiah and Delany his wife divorced, 112 Perude James H. and Catharine his wife divorced, 126 Patterson Patience and John D. her husband divorced, 127 Pinder William and Rebecca Ann his wife divorced, 127 Penitentiary An act to carry into effect the system founded thereon, 227 Principal keeper to be appointed and his salary, 228 Two Deputies and one Turn-Key allowed him, ib Salary of the principal keeper $ 1000, ib Salary of each Deputy and Turnkey $ 300, ib Their oath, ib Sheriffs of the respective counties where convictions may take place, charged with the removal of such convicts from thence to the Penitentiary, 129 The Governor to defray expences, ib A guard to be kept at the same, 130 Pay of the officer thirty dollars per month, ib Pay of the guard ten dollars per month, ib Same clothing and rations as allowed to the troops of the U. S. ib Diet and fare of the convicts, 131 Hours for labor specified, 132 Keeper accountable for all materials, tools and implements, ib Inspectors to examine and pass upon the accounts kept by the principal keeper, 133 Convicts, though their term of imprisonment may be up, shall not be discharged if sick, ib All light to be extinguished at 8 o'clock and patrol kept up from that time [Illegible Text] the hour of labor next day, 134 The Governor shall appoint a Physician to attend the Penitentiary, 135 Escapes from, trial for how punished 136 Sprituous liquors not to be admitted into, except in certain cases ib Hours for the attendance of the Physician prescribed 137 Rules and regulations for the internal government of ib The testimony of convicts if required in civil suit how to be taken 143 Act to reform penal code to this system 142

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Penitentiary [Illegible Text] of, appointed 208 Plundering what and how punished 158 Perjury how punished 170 Pate Edward, resolution respecting him 203 R Roads Turnpike granted to Goodrich and others thro' Cherokee nation 32 Rates of toll allowed thereon 33 Acts of 181112 altered amended so far as respects Warren county 89 Laws so far as respects certain counties amended 122 Rivers The act for keeping open Broad river amended 47 Ocmulgee, comm'rs for improving the navigation of, appointed 54 Savannah, act for keeping open amended 108 Oconee navigation 204 Ross Adam, property of, in whom vested 47 Rents the act pointing out mode of collecting in Augusta amended 88 Rodman Tho's W. and Ann his wife, divorced 126 Royston Polly and John her husband, divorced 127 Rape definition of, and how punished 151 Robbery defined, and how punished 154 Rescues persons procuring, how punished 173 Rousseau James, Governor requested to pay him $ 30 221 S. Securities In all cases where there are joint obligors or promisors, if any one of them can make it appear that he, or they signed as security or securities only, Justices of the Peace shall enter up judgment against them as security, and against the others as principals at the same time 39 Staves what considered merchantable and of proper dimensions 46 Spring Lockhart, name of altered to Anderson 80 Stages Exclusive right of running between Savannah Milledgeville secured to Daniel Hotchkiss for ten years 81 Rob't H. McRae Richard H. Long secured in the exclusive right of running between Augusta Athens for ten years 84 The present proprietors of, between Augusta and Savannah authorised to give bond security for running the line for the balance of the term granted to Calfrey Coats, former proprietors 117 Slaves, prohibited selling certain articles without special licence 11 Persons trading with, in violation of this law, may be fined ib Free negroes trading with, for certain articles, how punished 12 And free negroes, or persons of color, how to be tried punished 15 For what crimes punished with death ib Part of an act on same subject, passed in 1811, still in force 16 Jury to try them, how drawn 17 Who are Boat hands shall not be permitted to carry down Savannah river corn or cotton on their own account 20 Introduction of, into the state for sale how punished 198 Smith John, Sarah, James, Sherod Mary; names changed to Hudson 99 Sparta, act for the regulation of, amended 121 Sewell Abihu and Sarah his wife divorced 127 Sodomy, how punished 151 Sparks Jeremiah, resolution in favor of 211 Seal great seal of the state, committee appointed to see it affixed to the Laws and resolutions 220 T Territory vacant or unlocated belonging to this state, the act attaching it to Jasper county amended; now attached to several counties 34 The land courts in the different counties not to issue any land warrant to be laid on the land obtained by Jackson's treaty 55 Tax for the support of Government for the political year 1817 levied 45

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Telfair county, Inferior court of, authorised to levy an extra tax 119 Terry [Illegible Text] and David her husband divorced 127 Treason, what constitutes the offence of 146 Theft or Larceny, what constitutes it p. 155of bonds or notes how punished 158distinguished from plundering 160or larceny from the person ib.or larceny from the house 161after a trust has been reposed 164 Twiggs county, comm'rs of public buildings of, appointed 210 211 U. University of Georgia the act authorising the trustees of, to sell the lands belonging to, and to systemize the funds thereof amended 119 Trustees of, appointed 210 V [Illegible Text] Masters two to be appointed for the town of Washington 57 For the City of Augusta, how to be appointed in future 74 May hereafter be appointed, when necessary, by corporations 102 Appointed for Milledgeville p. 209For Washington 210one for Dublin 211one for Augusta 215one for Eatonton 218one for the town of [Illegible Text] 218 Vagabonds, how punished 186 Vickers Lemuel, resolution in favor of 212 W Warrenton, town of, streets and alleys to be kept open 30 Commissioners of, when to be elected ib Watkinsvllle, act for the regulation of, amended 52 Washington, town of, incorporated, and Commissioners of appointed 56 Two Vendue-Masters to be appointed for 57 Walder Mary, [Illegible Text] Ann c. names changed to Jones 80 Waynesboro', act incorporating of, amended 80 Wright Elisha, act for the relief of 91 Wood Mathew, and Mourning his wife, divorced, 125 Weights Measures persons selling by false, how punished 188 Witnesses, oath and competency of, 197 Williams Wilson, resolution in favor of 205 Wilkinson county, Comm'rs of Courthouse and Jail of, appointed 210 [Illegible Text] [Illegible Text] [Illegible Text]