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 LOUISVILLE:-: AMBROSE DAY AND JAMES [Illegible Text] 18011100 English
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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA PASSED AT LOUISVILLE, IN NOVEMBER AND DECEMBER , 1801 . 18011100 18011200 LOUISVILLE:- Printed by AMBROSE DAY AND JAMES [Illegible Text] PRINTERS TO THE STATE, MDCCCII.
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ACTS OF THE STATE OF GEORGIA AN ACT To incorporate the Savannah Library Society. WHEREAS a number of persons in the City of Savannah, and the environs thereof, with a view of diffusing knowledge more generally among the inhabitants of the County of Chatham, have subscribed a very large sum of money to purchase a Public Library. SECTION 1. Be it therefore ena[UNK]cted by the Senate and
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House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the Trustees of the said Society, and their successors in Office, shall and they hereby are declared to be a body corporate by the name and style of the Savannah Library Society. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That the said Trustees and their successors in office, shall be invested with all manner of property, [Illegible Text] real and personal; all gifts, grants, hereditaments, privileges and immunities whatsover, which may [Illegible Text] to the said Savannah Library Society, at the time of passing this A[UNK]ct, or which may hereafter be made, conveyed, or transferred to them or their successors in office, to have and to hold the same for the proper use and benefit of the said Society. And also, That the said Trustees and their successors in office, shall be and they are hereby declared to be capable of suing and being sued, impleading and being impleaded, and of using all necessary and legal steps for recovering or defending any property whatever, which the said Society may claim or demand, and also for receiving the
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[Illegible Text] issues, fines and profits of the same or any part or parcel thereof. SEC. 3. And be it further ena[UNK]cted, by the authority aforesaid, That the Trustees of the said Savannah Library Society shall hold their office for the term of one year that on the first Saturday in O[UNK]ctober in every year, after one thousand eight hundred and one, the members of the said Society, or a majority thereof shall convene at the place that may be appointed by the Trustees, or ther successors in office, in Savannah, and there between the hours of ten and two o'clock, ele[UNK]ct from among the members of the sad Society, seven [Illegible Text] and proper persons as Trustees of the same, who shall hold their office for the term of one year, as aforesaid, with the same powers, and for the same purpose as above declared. DAVID [Illegible Text] Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, Jun. Governor. Assented to November 20, 1801.
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AN ACT To incorporate the Baptist Church at Powell's Creek, [Illegible Text] the County of Hancock. WHEREAS a Religious Society has for many years past been established at Powell's Creek, in the County of Hancock, called and known by the name of the Baptist Church, at Powell's Creek. And whereas, it is necessary for the promotion of Religion and Virtue, that Churches or Religious Societies be made capable of holding, enjoying and defending any property, which they may acquire by purchase, donation or otherwise. SECTION 1. Be it therefore ena[UNK]cted by the Senate and House of Representatives in General Assembly met, That Matthew Rabun, Henry Graybill, John Veazey, William Lord, and Jesse Battle, 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 Baptist Church, at Powell's Creck.
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SEC. 2. And be it further [Illegible Text] by the authority aforesaid, That the said Matthew Rabun, Henry Graybill, John Veazy, William Lord, and Jesse Battle, trustees as aforesaid, and their successors in office, shall be invested with all manner of property both real and personal, which they may acquire or be [Illegible Text] of by gift grant, purchase, or otherwise, and all privileges and immunities which may belong to the said Church, at the time of passing of this A[UNK]ct, or which may hereafter be made, conveyed, or transferred to them or their successors in office; to have and to hold the same to the proper use, benefit and behoof of said Church: And also, that the sad Trustees in office, shall and they are hereby declared to be capable of [Illegible Text], and being sued, impleading and being impleaded, and of using all legal and necessary steps for recovering or defending any property whatever, which the said Church may hold, claim or demand, and also for recovering the [Illegible Text], issues and profits of the same or any part or parcel thereof. SEC. 3. And be it further ena[UNK]cted by the authority aforesaid, That the Trustees of the said Baptist Church
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shall hold their office for, and during the term of three years; and on the Saturday before the first Sunday in every third year after the passing of this A[UNK]ct, the members of said Church, or a majorty of them, shall [Illegible Text] at the Meeting-House of said Church, and there between the hours of ten and four o'clock, proceed by ballot to ele[UNK]ct from among their own body, five [Illegible Text] and discreet persons as Trustees, who shall hold their office for three years, as aforesaid, with the same powers and for the same purposes as above mentioned. SEC. 4. And be it futher ena[UNK]cted, That the Members of the said Church, (or a majority of them) shall and may have power to fill any vacancy which may happen in the Trustees, by death, resignation or otherwise; and when any vacancy may happen by death, resignation or otherwise of any of the Trustees, the Church shall be notified thereof by those Trustees, who still remain in office; and on the Saturday of their next monthly meeting, the Members of said Church (or a majority of them) may proceed by ballot to fill such vacancy or vacancies, and the person or persons so ele[UNK]cted to hold their office during the term for which
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their predecessor had been appointed. DAVID MERIWETHER, Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, Jun. Governor. Assented to November 20, 1801. AN ACT To regulate the General Ele[UNK]ctions in this state, so far as [Illegible Text] impose a fine on persons voting out of the County wherein they reside. WHEREAS there have been frequent impositions pra[UNK]ctised by persons voting at Ele[UNK]ctions out of the the County where they reside, contrary to the constitution, and the express meaning of an A[UNK]ct of the General Assembly of this state, to regulate the General Ele[UNK]ctions thereof. SECTION I. Be it therefore ena[UNK]cted by the Senate and
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House of Represeatatives in General Assembly met, end it is hereby ena[UNK]cted by the authority of the same, That from and after the passing of this A[UNK]ct, if any person or persons who may or shall vote in any other County out of the one in which he or they shall reside, except for Members to Congress, shall forfeit and pay the sum of thirty dollars for every such offence. And be it further ena[UNK]cted, That if any person or persons shall be charged with the offence contained in this A[UNK]ct, it shall be the duty of any Justice of the Peace of the County wherein such offender resides, to whom information shall be made for that purpose, to issue his warrant dire[UNK]cted to some constable in said County, commanding him to bring such person or persons before him or some other Justice of the Peace of said County; and upon proof being made that such person or persons hath or have voted out of the County wherein he or they shall reside, to enter up judgement against each and every person so offending, for the sum of thirty dollars; and the said Justce or Justices shall be, and they are hereby required to issue his or their execution, against the estate of such offender, both real and personal, as is usual upon judgments
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obtained in other cases in the Justices Courts:And if such offender shall have no property whereupon to levy such execution, that then and in every such case, such Justice or Justices, shall order the offender or offenders to be consined in the pillory or stocks of the County, wherein such person shall be tried for the space of two hours; and upon payment of costs, such person or persons shall be discharged. And be it further ena[UNK]cted, That one half of the money or monies so recovered, shall be paid into the Clerk's Office of the Inferior Court of the County in which such offender shall have been committed, for the use of the County, and the other half to the informer. DAVID MERIWETHER, [Illegible Text] of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, Jun. Governor. Assented to November 25, 1801. AN ACT To alter the boundarirs of the Second and Third Divisions of the Militia of this State, and of the First and Second Brigades of the Third Division, and to lay off another Brigade in the Third Division.
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SEC. I. BE it ena[UNK]cted 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 A[UNK]ct, the County of Warren shall be, and hereby is added to, and made a part of the First Brigade of the Second Division; that the County of Elbert be added to, and made a part of the First Brigade of the Third Division; and that the County of Greene be added to, and made a part of the Second Brigade of the Third Division. SEC. 2. And be it further ena[UNK]cted, That the Counties of Franklin and Jackson, shall compose a Brigade to be known as the Third Brigade of the Third Division of the Militia of this State. SEC. 3. And be it further ena[UNK]cted by the authority aforesaid, That where the number of Officers of Militia in any County will admit of one or more Regiments, allowing four Companies to a Battalion, and two Battalions to a Regiment, it shall be the duty of the Field
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Officers of such County, and they are hereby required to define, alter and arrange the Company and Battalion Distri[UNK]cts, so as to make the same compa[UNK]ct, and convenient to exercise and form them into a Regiment or Regiments, according to their numbers; which arrangement shall be transmitted by the Field Officers aforesaid, to the Commanding Officer of the Brigade to which the County belongs, and if approved of by him, the same shall be vald, any usage or law to the contrary notwithstanding. Provided nevertheless, That the arrangement so made shall not extend to deprive any Officer of his commission, rank or command. DAVID MERIWETHER, Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, Jun, Governor. Assented to November 25, 1801. AN ACT To authorise the Justices of the Inferior Court of the [Illegible Text] of Bryan, to appropriate the Tax [Illegible Text] for the use of [Illegible Text] County, to the payment of the County Officers, or so much thereof as shall be sufficient for that purpose.
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SEC. 1. BE it ena[UNK]cted 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 Court in the County of Bryan, be and they are hereby authorised to appropriate the Tax levied in the said County annually, for County purposes, or any part thereof, that they or a majority of them may think proper; and also any other public monies that may be paid into the hands of the Clerk of the Inferior Court of said County, by fines or otherwise [Illegible Text] the payment of their County Officers, any law to the contrary notwithstanding. DAVID MERIWFTHER, [Illegible Text] of the House of Representatives. WILLIAM BARNETT, [Illegible Text] of the Senate. JOSIAH TATTNALL, Jun. Governor. Assented to November 30, 1801.
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AN ACT To [Illegible Text] the Government and Regulation of the Gaol of the County of Chatham, in the Mayor and Aldermen of the City of Savahhah, and appointing them sole Commissioners of the Court-House and Gaol of the said County. WHEREAS the Gaol of the County of Chatham has been built and ere[UNK]cted on Lots belonging to, and within the jurisdi[UNK]ction and chartered limits of the City of Savannah, and out of the funds of the said City. And whereas, it will be expedient and proper to place the entire management, care, inspe[UNK]ction and dire[UNK]ction of the same, together with the Court-House of the [Illegible Text] County, which also stands within the same [Illegible Text] and limits, in the Mayor and Aldermen of the [Illegible Text] City of Savannah for the time being. SECTION 1. Be it therefore ena[UNK]cted by the Senate and [Illegible Text] of Representatives of the State of Georgia, in General Assembly met, and it is hereby ena[UNK]cted by the [Illegible Text] of the same, That from and immediately after the passing of this A[UNK]ct, the Mayor and Aldermen of the City of Savannah, for the time being, shall be folely and exclusively Commissioners of the Court-House and
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Gaol of the said County of Chatham, and are hereby vested with the sole management, care, inspe[UNK]ction and dire[UNK]ction of the same, with full power and authority to appoint a Gaoler and such other officers as may be necessary: and also to pass such ordinances and resolutions for the government and dire[UNK]ction of the said Gaoler and other officers, and all persons confined in the said Gaol, as they shall from time to time deem necessary and proper; provided the same be not repugnant to any law or the constitution of the state. And the said [Illegible Text] and other officers appointed as aforesaid, shall give bond with two or more approved securities to the said Mayor and Aldermen, for the time being, for the faithful performance of the duties required of them respe[UNK]ctively. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That the said Gaoler or other officers appointed to take charge of the said Gaol, or of any part thereof, or of any class of persons confined therein, shall be answerable for all escapes from the said Gaol, in the same manner as by the laws of this state, the [Illegible Text]
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would have been heretofore answerable. DAVID MERIWETHER, [Illegible Text] of the House of Representatives. JOHN JONES, President of the Senate, pro tempore, JOSIAH TATTNALL, Jun, Governor. Assented to November 30, 1801. AN ACT [Illegible Text] grant further privileges to the Baptist Church on [Illegible Text] Kiokas, in the County of Columbia. SEC. 1. BE it ena[UNK]cted 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 Baptist Church on the Kiokas, in the County of Columbia, shall be, and is hereby authorized and empowered, to fill any vacancy or vacancies, which shall or may happen, or be in the trust of the aforesaid Church, on a notice or call thereof by the remaining [Illegible Text], or a majority of them, being previously given
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to such Church, at least thirty days before such vacancy or vacancies shall be filled. SEC. 2. Be it further ena[UNK]cted, That the Corporation of the aforesaid Church, shall not be dissolved or forfeited for or by reason of the said Church's not ele[UNK]cting their Trustees, on such day or days as have heretofore been pointed out by law for that purpose; and the said Church shall be, and they are hereby authorized and empowered to ele[UNK]ct their Trustees from time to tme, as they or a majority of them shall or may deem proper, any law to the contrary notwithstanding. DAVID MERIWETHER, Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, Jun. Governor. Assented to November 25, 1801. AN ACT To amend and consolidate the several Estray Laws of this State. SEC. 1. BE it ena[UNK]cted 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 any person upon his own freehold, or other person having charge of such freehold in the absence of the owner thereof, and not elsewhere to take up all Estrays, whether horse, mare, colt, filly, ass, mule, neat cattle, sheep, goat or hog, that may be found strayng away from their owners; and every person taking up Estrays as above, shall within ten days, in case such Estrays have been broke to service, take or drive it or them before a Justice of the Peace in the County, whose duty it shall be, and he is hereby required to take down in writing a particular description of the marks, natural and artifical, brands, stature, age and colour of such Estray or Estrays, and immediately to issue his warrant to two or more freeholders of the vicinage commanding them, having been first duly sworn thereto, well and truly to appraise or ascertain the value of such Estray, which appraisement or valuation and description as above, together with the name of the taker up and the place of his abode, the said Justice shall withn ten days thereafter, transmit to the Clerk of the Inferior Court of said County, taking special care that the person or persons
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taking up such Estray, do solemnly swear or affirm, that he or they have not altered or caused to be altered the marks or brands of such Estray, and to the best of his or their knowledge and belief, such marks or brands have, or have not, (as the case may be) in anywise been altered, and that the owner to him or them is unknown. SEC. 2. And be it further ena[UNK]cted, That in case any person shall take up any such estrayed neat cattle, sheep, goats or hogs, he shall cause the same to be viewed by a freeholder in the County, where the same shall happen, and that the taker up be compelled to advertise said Estrays, at least ten days at the place of holding Justices Courts in said Distri[UNK]ct prior to tolling, and shall immediately thereafter go with such freeholder before a Justice of the Peace of said County, and make oath before him, that the same was taken up at his plantation or place of residence in the said County, and that the marks or brands of such Estray have not by him, or to the best of his knowledge been altered; and then the said Justice shall take from the taker up and freeholder, upon oath, a particular and exa[UNK]ct description of the marks, brands, color and age of all and every such
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[Illegible Text] cattle, [Illegible Text], goat or hog, and such Justice shall in manner above dire[UNK]cted, issue his warrant for the appraisement of such Estrays, which description and valuation shall by the said Justice within ten days, be transmtted to the Clerk of the Inferior Court, by him to be dsposed of as herreafter dire[UNK]cted. SEC. 3. And be it further ena[UNK]cted, That it shall be the duty of every Justice of the Peace, before whom any Estray shall be carried as aforesaid, to enter a true copy of the certificate transmitted by him to the Clerk of the Court, in a book to be by him kept for that purpose. SEC. 4. And be it further ena[UNK]cted, That it shall be the duty of the Clerk of the Inferior Court, n each County, in ths state, and he is hereby required to receive and enter in a book by him to be provided and kept for that purpose, all such certficates of description of appraisement, as to hm shall be transmitted from the respe[UNK]ctive Justices in the County; and it shall also be the duty of the said Clerk of the Inferior Court, to affix a copy of every such description and valuation to the Court-House of his County, for two terms [Illegible Text], after the same shall be transmitted to him.
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SEC. 5. And be it further ena[UNK]cted, That it shall be the duty of the said Clerks of the Inferior Courts, in their respe[UNK]ctive Counties, to cause an inclosure to be made at the Court-House, to be paid for out of the monies arising from the sales of Estrays, for the purpose, of impounding estrayed horses, mares, colts, fillies, asses and mules, and that all Estrays aforesaid taken up as aforesaid, shall by the taker up be brought to the said enclosure, and impounded from the hour of [Illegible Text] o'clock in the forenoon, until three o'clock in the afternoon, on the first day of every term for twelve months, both of Superior and Inferior Courts; and the said Clerks shall see that these requisitions be complied with by the taker up. And every taker up of an Estray as aforesaid, shall for every negle[UNK]ct to impound as aforesaid, be subje[UNK]ct to a fine of five dollars, to be colle[UNK]cted by execution under the hand and seal of the presiding Justice of the Inferior Court, and paid into the Clerk's Office for the use of the County; unless sufficient cause to the contrary be shewn the said [Illegible Text] at the next term thereof. SEC. 6. And be it further ena[UNK]cted, That it shall be the duty of the taker up, and he is hereby required to
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bring to the Court-House, in the County wherein he resides, and deliver to the Clerk of the Inferior Court of said County, every estrayed horse, mare, colt, filly, ass or mule, on the first sheriff's sale day that shall happen after the expiration of twelve months from the time of entering such Estray as aforesaid with the Justice; and it shall be the duty of the Clerk to proceed to sell such Estray or Estrays as aforesaid, on the day aforesaid, between the usual hours for ready money to the highest bidder, which money shall in the hands of the said Clerk be subje[UNK]ct to the order of the Inferior Court, for County purposes, after defraying the charges or fees hereinafter dire[UNK]cted. And every taker up who [Illegible Text] negle[UNK]ct or refuse to comply with these requisitions, [Illegible Text] be liable for double the amount of the appraisement, to be colle[UNK]cted by execution under the hand and [Illegible Text] of the presiding Justice of the Inferior Court; [Illegible Text] sufficient cause to the contrary be shewn the Court at the next term thereafter; and the said forfeiture when colle[UNK]cted shall be applied to the use of the County, after dedu[UNK]cting the legal fees. SEC. 7. And be it further ena[UNK]cted, That in case any [Illegible Text] shall take up as aforesaid any neat cattle, sheep,
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goats or hogs, and no person or persons shall appear and make satisfa[UNK]ctory proof within three months, that the sad Estrays are his or their property, the Justice having given twenty days notice by advertsement in two of the most public places in the Captain's Distri[UNK]ct, wherein he resides, shall proceed to sell the said Estrays, by his constable, upon one of his Court days, between the usual hours, for ready money to the highest bidder, and it shall be the duty of the Justices in the several Counties, and they are hereby required to pay to the Clerk of the Inferior Court in their respe[UNK]ctive [Illegible Text], at each term of said Court, all monies in their hands that have arisen from the sales of Estrays as aforesaid, dedu[UNK]cting five per centum for commissions, and such other charges as are allowed by law, and all [Illegible Text] so paid shall be subje[UNK]ct to the order of the Inferior Court for County purposes. SEC. 8. And be it further ena[UNK]cted, That if any person or persons shall within the term of two years from the time of such sale prove to the satisfa[UNK]ction of the Court, that the property so sold was his, or their own, or that of his or their employers, (as the case may be) in that case the Court shall, after dedu[UNK]cting the fees
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and charges, hereafter described, pay the balance of the money arising from such sales, to the claimant of such property. SEC. 9. And be it further ena[UNK]cted by the authority aforesaid, That the Justice for his services as above, shall receive from the taker up, at the time such Estray or Estrays shall be brought before him, or a description and valuation thereof presented to him as above, the sum of seventy-five cents for each horse, mare, colt, filly, ass or mule, and the sum of six and one fourth cents for each head of neat cattle, sheep, goats or hogs. SEC. 10. And be it further ena[UNK]cted, That the taker up of such Estrays, shall as a compensation for maintaining and keeping of the same, put them to immediate labor, if capable of service, and if incapable, or he should prefer it, receive from the owner if claimed, or from the Court if sold, a reasonable satisfa[UNK]ction to be adjudged by the Clerk, and a Justice of the Peace of the County, according to the circumstance of the case: Provided nevertheless, That in case the putting such Estray to labor, he shall be bound to produce said Estray to the owner if claimed, or to the Clerk if sold,
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(casualties excepted) in as good condition as when [Illegible Text] praised. SEC. 11. And be it further ena[UNK]cted, That upon the delivery of any such Estray to the legal owner, or [Illegible Text] case of sale, upon the sale thereof, the taker up [Illegible Text] receive from the owner or Clerk, as the case may be the sum of one dollar, for each horse, mare, colt, [Illegible Text], ass, mule or ox, in addition to the sum by him paid to the Justice, and the sum of twelve and a [Illegible Text] cents for each head of neat cattle, sheep, goats or hogs, in addition to the sums above mentioned for the keeping and maintenance of the same. SEC. 12. And be it further ena[UNK]cted, That the Clerk of the said Court shall for the receiving, entering and publishing every certificate as above dire[UNK]cted, receive the sum of fifty cents to be paid by the owner upon claiming the property, or dedicated out of the money, [Illegible Text] from such property in case of sale, and the further sum of five per centum upon the balance of such money as a compensation for selling, colle[UNK]cting and paying. SEC. 13. And be it further ena[UNK]cted, That it shall be the duty of the Clerk of said Court, to render to the
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[Illegible Text] Inferior Court, at every term thereof a true statement of all monies arising from the sales of Estrays, as [Illegible Text], accompanied with the proper vouchers, and exhibit a corre[UNK]ct statement as aforesaid, to the Grand Jury of the County at every fall term of the Superior Court and oftener if required. SEC. 14. And be it further ena[UNK]cted, That any person [Illegible Text] up any Estray as aforesaid, and a failing or negle[UNK]cting to comply with, and fulfill the true intent and meaning of this A[UNK]ct, and being thereof duly convi[UNK]cted before the Inferior Court, shall for every such offence forfeit and pay a sum equal to double the value of such Estray, so negle[UNK]cted to be tolled and advertised as aforesaid, to be recovered by suit or a[UNK]ction at law, the informer to be the plaintiff in the a[UNK]ction; one half of the sum so recovered to the use of the informer, the other half to the use of the County. SEC 15. And be it further ena[UNK]cted, That if any Justice or Clerk shall refuse or negle[UNK]ct to perform the duties required by this A[UNK]ct, each Justice or Clerk negle[UNK]cting or refusing, shall for every such negle[UNK]ct or refusal forfeit the sum of twenty dollars, one moiety to be paid to the party informing, and the other moiety to the use of the County, where such offence shall be
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committed to be recovered by a[UNK]ction of debt, in any Court having cognizance of the same, and shall moreover be liable, to an a[UNK]ction of damages to the party injured, and upon convi[UNK]ction pay double costs. SEC. 16. And be it further ena[UNK]cted, That it shall be the duty of the Clerks of the Superior Courts, and they are hereby required, at the first term of the Inferior Court, in the several Counties, to be holden after the passing of this A[UNK]ct, to pay over to the Clerks of the Inferior Courts in the respe[UNK]ctive Counties, all monies, which may be in their hands, which have arisen from the sale of Estrays, accompanied by the books and documents thereto appertaining. SEC. 17. And be it further ena[UNK]cted, That all laws and clauses of laws, relative to the taking up and disposing of Estrays, which militate against this A[UNK]ct, be and the same are hereby repealed. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun. Governor. Assented to November 30, 1801.
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AN ACT To incorporate the Roman Catholic Church in the City of Savannah. WHEREAS a Religious Society known by the name of the Roman Catholic Church, has been established in the Cty of Savannah. And whereas, it is necessary for the promotion of Religion and Virtue, that Churches or Religious Societies, be made capable of holding, enjoying and defending any property which they may acquire, by donations or otherwise. SECTION 1. Be it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same. That Don Emanuel Rengl, Thomas Dollaghan, Thomas Callaghan, John Shaw, Francis Roma, [Illegible Text] Coqullon and John Moquette Montalet, and their [Illegible Text] in office, shall be and they are hereby declared to be a body corporate, by the name and style of the Trustees of the Roman Catholic Church of the City of Savannah. SEC. 2. And be it further ena[UNK]cted by the authority [Illegible Text], That the said Don Emanuel Rengil, Thomas
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Dollaghan, Thomas Callaghan, John Shaw, Francis Roma, Bartholomew Coquellon and John Moquette Montalet, Trustees as aforesaid, and their successors in office, shall be invested of all manner of property, both real and personal, all donations, gifts, grants, immunities and privileges whatsoever, which may belong to the said Church, at the time of passing this A[UNK]ct, or which hereafter may be 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 the said Church:And also, that the said Trustees, and their successors, shall be and they are hereby declared to be capable of suing and being sued, impleading and being impleaded, and of using all necessary and legal steps for recovering or defending any property whatsoever, which the said Church may hold, claim or demand; and also for recovering the rents, issues and profits of the same, or any part or parcel thereof. SEC. 3. And be it further ena[UNK]cted by the authority aforesaid, That the said Trustees, shall hold their office for and during the term of one year, three of the said Trustees being subje[UNK]ct to removal annually, at the
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option of the Congregation; and that on the first Monday in January annually, between the hours of ten and twelve o'clock, at the Meeting-House of said Church, the Congregation shall assemble for the purpose of ele[UNK]cting three Trustees, discreet and virtuous men, to hold their office for one year as aforesaid, with the same powers and for the same purposes as above declared. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun. Governor. Assented to November 30, 1801. AN ACT To [Illegible Text] an A[UNK]ct, entitled An A[UNK]ct to establish and make permanent the Seat of the Public Buildings of the County of Camden, at or near the center of said County, so [Illegible Text] as respe[UNK]cts the addition of two Commissioners, the place for belding Courts, Ele[UNK]ctions, and other County Business, and for making further provision for the completion of the aforesaid Buildings.
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WHEREAS the aforesaid A[UNK]ct, has not been carried into operation, and it is deemed expedient that the same should be carried into full effe[UNK]ct without further delay. SECTION 1. Be it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That Stephen Eubank and Habakkuk Wright, be and they are hereby appointed Commissioners of the Court-House and Jail for the County of Camden, in addition to those already appointed by the aforesaid A[UNK]cts.And until the said Court-House and Jail shall be completed in conformty to the A[UNK]ct aforesaid, all Courts, Ele[UNK]ctions and other County business, shall be held, and transa[UNK]cted at the House, where Captain John Eaton now lives, on the Great Satilla River. SEC. 2. And be it further ena[UNK]cted, That it shall, and is hereby declared to be the duty of the Inferior Court of the County of Camden, to aid the speedy [Illegible Text] of the said Public Buildings, by such appropriations
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of the County funds as may be deemed necessary, by the Commissioners or a majority of them; and for that purpose the said Court, is hereby authorised and required to augment the County Tax: Provided, the present rate of Tax should be found inadequate. SEC. 3. And be it further ena[UNK]cted, That all laws, or parts of laws, heretofore passed repugnant to this A[UNK]ct, shall be and they are hereby repealed. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun. Governor. Assented to November 30, 1801. AN ACT To establish a Ferry on Savannah River. WHEREAS it is necessary for the interest and convenience of many of the Citizens of this state, that a Ferry should be established at the Bluff on Savannah River, in the County of Burke,
Page 34
BE it therefore ena[UNK]cted, That a Ferry shall be established at the above place, under such restri[UNK]ctions and regulations, as the Inferior Court of the County of Burke may from time to time dire[UNK]ct and order, and the right of the same is hereby vested in Christopher Killbee, and [Illegible Text] Lowe, the proprietors of the said Bluff. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun, Governor. Assented to November 30, 1801. AN ACT To authorize John Martin Dasher, to keep open and improve the Navigation of Ebenezer Mill Creek, and to ere[UNK]ct Mills thereon. WHEREAS John Martin Dasher, and a number of the inhabitants of Effingham County, residing at or near Ebenezer Mill Creek, have petitioned this Legislature for an a[UNK]ct to authorize the said John Martin Dasher,
Page 35
to keep open and improve the Navigation of said Creek, from the Mouth thereof to where the said John Martin Dasher has, or is about to build a Grist and Saw Mill thereon; and to authorize him to stop the said Creek at said Mills, and the different Branches and Lagoons leading to and from the said Creek, where it may be necessary for the benefit of a sufficient reserve of water. SEC. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That it shall and may be lawful for the said John Martin Dasher, to open and keep clear the said Ebenezer Mill Creek, from the Mouth thereof to the Mills of the said John Martin Dasher, and to stop by good and sufficient Dams the said Creek, and all the Branches, Prongs and Lagoons on each side thereof, n order that a sufficient supply of water may be retained for turning said Mills. SEC. 2. And be it further ena[UNK]cted, That if the Dams which now are, or may hereafter be ere[UNK]cted by said John Martin Dasner, for the purpose of retaining water for the use of his said Mills, shall injure or damage any of the [Illegible Text] on the said Creek, or any Branches, Prongs [Illegible Text]
Page 36
Lagoons on either side thereof, by overflowing the same, the owner thereof may call on five disinterested Free-holders of the neighbourhood, to view the same, the said John Martin Dasher being notified to attend, and of the time of taking such view, and if upon such view it shall appear to such Freeholders, or a majority of them, that such Dams are the cause of any real injury being done to the said land, to warn the said John Martin Dasher thereof; and f the said John Martin Dasher do not within such reasonable time as the said five Free-holders or a majority of them shall dire[UNK]ct, remove the cause of such injury, it shall and may be lawful for the said Freeholders, or a majority of them, to cause the same to be removed, by cutting the Dams, or otherwise letting off the water which produced the injury. SEC. 3. And be it further ena[UNK]cted by the authority aforesaid, That if any person or persons shall cut or destroy any of the Dams or Works which now are, [Illegible Text] may hereafter be ere[UNK]cted by the said John Martin Dasher at his said Mills on the said Creek, or any of the Branches or Prongs thereof, or any Lagoons leading to or from the same on either side thereof, otherwise than as dire[UNK]cted by this A[UNK]ct, he or they so offending, shall
Page 37
forfeit and pay to the party injured, the sum of one thousand dollars, to be recovered by a[UNK]ction of debt or otherwise, in any Court having cognizance thereof, at the instance of such party. SEC. 4. And be it further ena[UNK]cted, That it shall be [Illegible Text] for any person or persons, to place any [Illegible Text] in the said Ebenezer Mill Creek, below the Mills of the said John Martin Dasher, and any person or persons who shall offend herein, shall forfeit and pay to the said John Martin Dasher, one thousand dollars, to be recovered in any Court, having cognizance thereof, by a[UNK]ction of debt or otherwise. DAVID MERIWETHER, Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, Jun, Governor. Assented to December 1, 1801. AN ACT To repeal an A[UNK]ct, entitled An A[UNK]ct for infli[UNK]cting penalties on, and [Illegible Text] the Estates of such persons as is therein declared guilty of Treason, and for other purposes therein mentioned, so far as respe[UNK]cts the banish ment of Thomas Skinner, and John A. Frymout.
Page 38
BE it ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That the A[UNK]ct for infli[UNK]cting penalties on, and confiscating the Estates of such persons as are therein declared guilty of Treason, and for other purposes therein mentioned, passed the fourth day of May, one thousand seven hundred and eighty-two, so far as relates to the banishment of Thomas Skinner, and John A. Frymout, be and the same is hereby repealed. DAVID MERIWETHER, Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, Jun. Governor. Assented to December 1, 1801. AN ACT To authorise the [Illegible Text] of the Inferior Court of the County of Glynn, to lay off a new Road in said County.
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SEC. 1. BE it ena[UNK]cted 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 Court of the County of Glynn, be and they are hereby authorised and required to cause to be laid off, a Road from Fort Barrington on the Alatamaha, by the nearest and best rout to the Town of Brunswick, in the said County of Glynn, and from thence by the Head of Buffalo and Turtle River, to the Main Road leading from Fort Barrington to the Town of St. Mary's, in the County of Canden. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That all the male inhabitants in the said County of Glynn, subje[UNK]ct to work on the Roads in the said County, including all the Islands belonging thereto, shall be liable to work on the said Road, under the same rules and regulations, and subje[UNK]ct to the same fines for default as is pointed out by the A[UNK]ct, entitled An A[UNK]ct to empower the Inferior Courts of the several Counties in ths state, to order the laying out of Public Roads, and to order the Building and Keeping in repair
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of Public Bridges, passed the 4th day of December, 1799. SEC. 3. And be it further ena[UNK]cted, That all laws, [Illegible Text] parts of laws, heretofore passed, which shall be [Illegible Text] to this A[UNK]ct, be and the same are hereby repealed. DAVID MERIWETHER, [Illegible Text] of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, Jun. Governor. Assented to December 1, 1801. AN ACT To [Illegible Text] and make free certain persons of colour, [Illegible Text] names are therein mentioned. WHEREAS Richard Meriwether, and others, have petitioned the present Legislature, praying that, an A[UNK]ct may be passed, to manumit and make free Lucy Barrot, and Betty Barrot, Jim, commonly called Jim Lary, and a mulatto girl, named Nancy, late the property of Alexander Kevan, persons of colour, who
Page 41
are their right and property. SECTION 1. Be it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That Lucy Barrot, and Betty Barrot, Jim, commonly called Jim Lary, late the property of John B. Lary, and mulatto girl named Nancy, late the property of Alexander Kevan, persons of colour, be and they are hereby manumitted, and made free, and entitled to the same rights, privileges and immunities, as if they were born free. SEC. 2. Be it further ena[UNK]cted, That this A[UNK]ct, shall not be so construed as to give, or grant unto the aforesald Lucy Barrot, and Betty Barrot, Jim, commonly called Jim Lary, late the property of John B. Lary, and a mulatto girl named Nancy, late the property of Alexander Kevan, persons of colour, who do appertain to the household of Richard Meriwether, and others and who are hereby manumitted and made free, any rights, prvileges, or immunities, except such as free people of colour, are entitled to by the laws of this state. SEC. 3. And be it further ena[UNK]cted by the authority
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aforesaid, That the aforesaid persons of colour, who are hereby manumitted and made free, shall nevertheless be subje[UNK]ct and lable to any legal demands which now doth exist, against the aforesaid Richard [Illegible Text], and others. DAVID MERIWETHER, Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, [Illegible Text] Governor. Assented to December 1, 1801. AN ACT To alter and amend an A[UNK]ct, entitled An A[UNK]ct to establish Tobacco Inspe[UNK]ctions at the several places hereinafter mentioned, and for improving the Navigation of Broad River and Oconee [Illegible Text], passed the 15 th [Illegible Text] of February, one thousand seven hundred and ninety-nine, so far as respe[UNK]cts the Navigation of the Oconee River. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General
Page 43
Assembly met, and by the authority of the same, That from and after the passing of this A[UNK]ct, no person or persons, under the penalty of twenty dollars per day, shall dam, stop, or obstru[UNK]ct the Oconee River, from the middle or centre of the said River to the western bank thereof, from the Rock Landing up the sad River, to the mouth of the Appalachee, but the same is hereby declared to be a free passage. SEC. 2. And be it further ena[UNK]cted, That no person or persons under the penalty of twenty dollars per day, shall dam, stop or obstru[UNK]ct the said Oconee River, from the mouth of the Appalachee aforesaid, up the main stream thereof to the Big Shoals at John Barnett's, in the County of Jackson; but the same is hereby declared to be at least one third part thereof including the main channel a free passage. SEC. 3. And be it further ena[UNK]cted, That it shall be the duty of any Jusstice of the Pace, in whose Distri[UNK]ct such offence or offences may be committed, to [Illegible Text] his warrant upon information on oath of any free white person, commanding such offender or offenders to be brought before him withn ten days, to answer the charge alledged against him, her or them, and such Justice
Page 44
shall issue [Illegible Text] to compell the attendance of such witnesses as may be thought necessary to establish or defend the said charge, who shall be subje[UNK]ct to attachment for non-attendance, or refusing to answer on oath such questions as may be asked them, and if upon such examination it shall appear that such offender or offenders, is or are guilty of any breach of this A[UNK]ct, it shall be the duty of said Justice to enter up separate judgments, against such offender or offenders, for the sum of twenty dollars for each day such obstru[UNK]ction shall have continued. And the said Jusstice shall forthwith issue execution on the said judgment or judgments so entered up, which judgments shall be levied on the goods and chattles, lands and tenements of such offender or offenders, and sold agreeably to the law regulating constables sales; and the money arising from such fine or fines, shall be paid into the hands of such Justice of the Peace, one half thereof to the use of the informer, and the remaning moiety shall be paid by the said Justice of the Peace, to the Clerk of the Interior Court, to be appropriated to the same uses as the other County funds. SEC. 4. And be it further ena[UNK]cted by the authority
Page 45
aforesaid, That if any Justice of the Peace shall in any manner offend against this A[UNK]ct, it shall and may be lawful for him or them to be sued or prosecuted in any one of the adjoining Distri[UNK]cts: and the same fees shall be leyied and colle[UNK]cted for services performed under this A[UNK]ct, as are allowed for like services in Magistrates Courts. SEC. 5. And be it further ena[UNK]cted, That so much of the above recited A[UNK]ct as militates against this A[UNK]ct, be and the same is hereby repealed. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun. Governor. Assented to December 2, 1801. AN ACT Explanatory, and to amend that part of the Judiciary A[UNK]ct, passed in the year one thousand seven hundred and ninety seven, which respe[UNK]cts Justices Courts. WHEREAS it has been found by experience, that
Page 46
that part of the Judiciary A[UNK]ct, passed in the year of [Illegible Text] Lord one thousand seven hundered and ninety-seven, which respe[UNK]cts Justices Courts, does not answer the effe[UNK]ct thereby intended SECTION 1. BE it therefore ena[UNK]cted 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 a[UNK]ct, it shall and may be lawful for any person or persons, who has or have in his, her or their hands, any bond, note or account, which was given for any sum not exceeding thirty dollars, and the amount of which has been reduced, by any payment or payments, to a sum under thirty dollars, and which payment or payments are indorsed on the back of said bond or note; or where any bond, note, account or other agreement, (gaming debts excepted) which in its original exceeds the sum of thirty dollars, but has been reduced by bond or bonds, note or notes, although of equal date and payable at the same period, to a sum or sums under or of thirty dollars each; that then, and in every such case, it shall and may be lawful for every person or persons, who has or have in his, her or their hands, any such bond or bonds, note or
Page 47
notes, or accounts aforesaid, to bring suit thereon in the Magistrate's Court of the Distri[UNK]ct where the said debtor or debtors may reside; and the Magistrate before whom such suit is brought, may give judgment for whatever sum in his judgment appears to be due on such bond or bonds, note or notes, or account, provided the said judgment does not exceed in any one trial the sum of thirty dollars. SEC. 2. And be it further ena[UNK]cted, That a Justice of the Peace shall be, and he is hereby authorized to issue his summons to any part of the County, compelling witnesses to attend, and give evidence in any case to be tried before him, which being served ten days before the day of trial, each witness so summoned, and not attending, shall be subje[UNK]ct to a fine not exceeding tendollars, unless satisfa[UNK]ctory excuse be made on oath; the said Justice on failure of such excuse, shall issue his execution therefor, and the money when colle[UNK]cted to be applied to County purposes; and the witness if residing out of the distri[UNK]ct, shall be allowed seventy-five cents per day for attendance, which sum or sums shall be added to the bill of costs.
Page 48
DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun, Governor. Assented to December 4, 1801. AN ACT To secure to Louis Osmont, the exclusive right and [Illegible Text] of establishing a Ferry across the River Alatamaha, at the place known by the name of New-[Illegible Text] to the Town of Darian, on said River. SEC. I. BE it ena[UNK]cted 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 exclusive right and privilege of establishing a [Illegible Text] from New Hope to the Town of Darian, be and the same is hereby confirmed unto him the said Louis Osmont, his heirs and assigns, for the term of ten years, commencing the first day of January one thousand eight hundred and two, provided the said Louis Osmont shall,
Page 49
within six months, have a sufficient Flat, or Ferry Boar, for the passage of travellers with waggons and carriages to and from, both by night as well as day. SEC. 2. And be it further ena[UNK]cted, That it shall not-be lawful for any person or persons to ere[UNK]ct a Ferry on said River, within three miles up or down said River, from the place herein before mentioned. SEC. 3. And be it further ena[UNK]cted, That the said Louis Osmont, his heirs and assigns, shall and may receive, and take the several sums hereinafter specified at the place aforesaid, that is to sayfor every foot passenger, fifty cents; for each man and horse, one dollar and fifty cents; for each single horse led or driven, seventy-five cents; for each two wheel carriage, two dollars; for each four wheel carriage, four dollars; for each waggon, team, and driver, three dollars; for each cart, [Illegible Text] and driver, two dollars. SEC. 3. And be it further ena[UNK]cted, That the said Louis Osmont, shall be bound to keep good and sufficiedt Boats or Flats, capable of passing all carriages of common size, and to be accountable for all losses which shall happen by the Boats or Flats which are kept for the use of the Ferry, and shall enter into a bond with security,
Page 50
himself in a [Illegible Text] dollars, and a security to be approved by the Justices of the Inferior Courts of M'Intosh and Glynn Countes, in the sum of five hundred dollars, for the due and faithful performance of the [Illegible Text] reposed in him by this A[UNK]ct. DAVID MERIWETHER, [Illegible Text] of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun Governor. Assented to December 4, 1801. AN ACT Supplementary to an A[UNK]ct, entitled, An A[UNK]ct [Illegible Text] lay off [Illegible Text] County out of the Counties of Burke and Warren, for [Illegible Text] the County of Wilkes, and for other purposes therein mentioned. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is ena[UNK]cted by the authority of the same, That from and after the passing of this A[UNK]ct, so much of the before
Page 51
[Illegible Text] A[UNK]ct, as fixes the House of Joseph Chairs, in the Town of Louisville, as the place for holding Courts and Ele[UNK]ctions for the County of Jefferson, be, and the same is hereby repeated. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That the Justices of the Inferior Court of the County of Jefferson, or a majority of them, shall, be, and they are hereby authorized and empowered, to fix on some fit and convenient house in the Town of Louisville, in which Courts and Ele[UNK]ctions for said county of Jefferson, shall be held, until a Court House shall be ere[UNK]cted. SEC. 3. And be it further ena[UNK]cted by the authority aforesaid, That John Clements, John Shellman, William Flemming, and Alexander Caswell, be and they are hereby appointed Commissioners of the Court House and Goal, for the County of Jefferson, in addition to [Illegible Text] heretofore appointed. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore JOSIAH TATTNALL, Jun. Governor Assented to December 4, 1801.
Page 52
AN ACT [Illegible Text] amend an A[UNK]ct, entitled an A[UNK]ct for infli[UNK]cting penalties on and confiscating the Estates of such persons, as are therein declared guilty of Treason, and for other purposes therein mentioned, so far as relates to the banishment of Josiab Tattnall. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the A[UNK]ct, entitled An A[UNK]ct for infli[UNK]cting penalties on, and confiscatng the Estates of such persons as are therein declared guilty of [Illegible Text], and for other purposes therein mentioned, passed the fourth day of May one thousand seven hundred and eighty-two, so far as relates to the banishment of Josiah Tattnall, be and the same is hereby repealed; and that the said Josiah Tattnall, be and he is hereby restored to all the rights of citizenship, with full liberty to remove into this state, with the property he may be now possessed, of subje[UNK]ct to his sole and entire future disposal: Provided, That he shall not be entitled to claim, hold or recover property, sold under the above recited A[UNK]ct, formerly belonging to the said Josiah Tattnall.
Page 53
DAVID MERIWETHER, Speaker of the House of Representatives. WILLIAM BARNETT, [Illegible Text] of the Senate. JOSIAH TATTNALL, Jun, Governor. With lively impressions of gratitude, I affix my signature to this A[UNK]ct, the 4th of December, 1801. AN ACT To secure to Rebecca Echols, wife of James Echols, of Oglethorpe County, such Estate as she may hereafter acquire. WHEREAS it has been made known to this Legislature that the condu[UNK]ct of James Echols towards his wife Rebecca, and the children which she has born by former marriage, has for a long time been marked with great cruelty and injustice, exhibiting more the srantic violence of an insane man than the clemency of a rational and humane husband. And it appearing also, that the said James hath been duly notified of her application to the Legislature.
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SECTION 1. Be it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passing of this A[UNK]ct, Rebecca Echols, of Oglethorpe County, wife of James Echols, shall be entitled to [Illegible Text] and enjoy in her sole right, all such Estate either real or personal, as she may hereafter acquire, by gift, purchase, or descent, in as full and ample a manner as if the said Rebecca Echols had never been married to the said James Echols, free from the claim or claims of him the said James, or his creditors or any of them. SEC. 2. And be it further ena[UNK]cted, That the said Rebecca Echols, shall, and may have full and ample power to [Illegible Text] for, and recover in any Court having cognizance thereof, from him the said James Echols, or any other person or persons whatsoever, any property or estate; which she may be enttled to, in the same manner as if she the said Rebecca Echols had never been married to the said James Echols; any law, custom or usage to the contrary notwithstanding. SEC. 3. And be it further ena[UNK]cted, That the said Rebecca Echols, shall be liable to be sued, and impleaded in any Court of Judicature within this state, for any
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contra[UNK]ct, which may by her be made, or any cause [Illegible Text] causes of a[UNK]ction, which may or shall arise from and after the passing of this A[UNK]ct. SEC. 4. And be it further ena[UNK]cted, That from and after the passing of this A[UNK]ct, the said James Echols, shall not be liable for any debts, contra[UNK]cts, or a[UNK]ct whatever of the said Rebecca Echols; any thing to the contrary notwithstanding. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore, JOSIAH TATTNALL, Jun. Governor. Assented to December 4, 1801. AN ACT To carry into effe[UNK]ct the seventh se[UNK]ction of the fourth article of the Constitution. WHEREAS in and by the said se[UNK]ction, it is declared, That the person of a debtor, where there is not a strong presumpton of fraud, shall not be detained in
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prison, after delivering up bona side, all his estate real [Illegible Text] personal for the use of his creditors, in such manner [Illegible Text] shall be hereafter regulated by law. And whereas, the manner of delivering up such estate has not been heretofore regulated by law, in conformity to the said [Illegible Text] se[UNK]ction. SECTION 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same, That immediately from and after the passing of ths A[UNK]ct, any debtor or debtors charged in execution, or imprisoned for any sum or sums of money, shall and may petition one of the Judges of the Superior Courts, if the execution or capias ad satisfaciendum issued therefrom, or the Justices of the Inferior Court f it issued from thence, setting forth that he, she or they are so confined, and are unable to satisfy the execution or executions by [Illegible Text] of which they are detained, and are also willing to deliver up all their estate, real and personal, for the use of their credtors; and upon such petition, the said Judge or Justices may, and they are hereby required, by order or rule of the Court, to cause the debtor to be brought up, and the several creditors at whose suit he,
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the or they are charged or imprisoned, as aforesaid, and also all those to whom the said debtor or debtors shall [Illegible Text] may be then indebted, to be summoned to appear personally, or by their attorney, at a day to be appointed for that purpose, upon which day the debtor shall produce his books of account, if any he kept, which summons or notice shall be served on each of the said creditors, or left at their notorious places of abode if they reside within this stateor if they reside without the state, then upon their attorney; and if no attorney, then [Illegible Text] be published in one of the Gazettes of Augusta [Illegible Text] Savannah, at least two months before the day appointed for such appearance, and upon such, if any of the creditors summoned refuse or negle[UNK]ct to appear, upon affidavit of the due service of such rule or order, the Court shall, in a summary way, examine the matter of such petition, and the suggestions of fraud, if any, and if upon such examination it shall appear to the Court, that the debtor is really and bona fide insolvent, then such person shall deliver to the Court a schedule of all his real and personal estate, debts, credits or effe[UNK]cts, and [Illegible Text] take and subscribe the following oath, viz. L. A. B. do solemnly swear, (or affirm as the case
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[Illegible Text] be) in the presence of Almighty God, that I [Illegible Text] not possessed of any real or personal estate, debts, credits, or effe[UNK]cts, securities or contra[UNK]cts whatsoever, my wearing apparel, bedding for myself and family, and [Illegible Text] working tools or implements of my trade or calling, together with the necessary equipments for a militia soldier excepted, other than are contained in the schedule now delivered, and that I have not, dire[UNK]ctly or indire[UNK]ctly, since my imprsonment, or before, sold, leased, assigned or otherwise disposed of, or made over in trust for myself or otherwise, any part of my lands, estates, goods, stock, money, debts, securities or contra[UNK]cts, whereby any money may hereafter become payable, or any real or personal estate, whereby to have or expe[UNK]ct any benefit or profit to myself, my wife or my heirSo help me God. And upon the said debtor or debtors having taken and subscribed the asoresaid oath, the Court shall order the Sheriff or Jailer to discharge the said debtor from consinement on account of the matter contained in his petiton, and such order shall be a sufficient warrant to the Sheriff, Jailer, or keeper of such debtor, to discharge the said debtor if detained for the causes mentioned in his or her petition, and no other; and he is hereby [Illegible Text]
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to discharge and set him or her at liberty, forthwith, the debtor paying his or her fees; nor shall the Sheriff, Jailer or keeper of the said debtor, be liable to any action of escape, or other suit or information upon that account. Provided, That no person shall be permitted [Illegible Text] entitled to take any benefit or advantage of this A[UNK]ct, who has, within twelve calander months, lost at any one time, by any species of gaming, the sum of one hundred dollars, or at different times to the amount of 300 dollars. Provided, also, and be it further ena[UNK]cted, That if any such person who shall take such oath as aforesaid, shall, upon any indi[UNK]ctment for perjury, in any matter or particular contained in the said oath, be convi[UNK]cted by his or her own confession, or by verdi[UNK]ct of twelve men, as he or she may be by force of this A[UNK]ct, the person so convi[UNK]cted shall stand in the pillory for the space of two hours, be imprisoned at the discretion of the Court, not exceeding twelve months, and shall never after have the benefit of this A[UNK]ct, and shall be for ever after incapable of being a witness in any Court of Justice, or serving as a Juror. SEC. 2. And be it further ena[UNK]cted, That each and every debtor so discharged as aforesaid, shall never thereafter
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be arrested or imprisoned, by virtue of any execution founded upon any judgment obtained, or hereafter to be obtained, upon any debt or contra[UNK]ct before that time entered into by the said debtor, to any creditor so notified as aforesaid; neither shall any debtor so discharged as aforesaid, be arrested or held to bail on mesne process, for or on account of any debt or contra[UNK]ct entered into prior to their discharge as aforesaid; and any creditor so notified as aforesaid, who shall cause the person of any debtor so discharged as aforesaid to be arrested, knowing of such discharge, shall forfeit and pay the sum of five hundred dollars, to be recovered by bill, plaint, or information, in any Court having cognizance thereof, one half to the use of the other creditors of said debtorand the other moiety to the sole use of the said debtor, of which his creditors shall have no part or benefit; Provided, That nothing herein contained shall prevent any creditor to have execution at any future time against the property both real and personal of such debtor or debtors. SEC. 3. And be it further ena[UNK]cted, That if any person shall discover and give information of any property embezzled or concealed by any debtor as aforesaid, previous
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to his discharge, or not included in the schedule, so delivered in as aforesaid, such person shall be entitled to one half of the value of such property, upon its being established that the same was the property of the said ebtor, and embezzled, secreted, or not included in the schedule as aforesaid. SEC. 4. And be it further ena[UNK]cted, That the property contained in the said schedule, presented to the Court by such debtor or debtors, shall be delivered into the hands of the Sheriff of the County in which such debtor or debtors may have been confined, who shall make sale thereof, agreeably to the law regulating Sheriff's sales within this state; and if any part of the property so given up shall consist of judgments, bonds, notes, contra[UNK]cts, securities, mortgages, liquidated demands or open accounts, the Court shall order the same to be assigned over by said debtor or debtors, to some fit and proper person or persons, whom amajority of the creditors shall nominate to the use of, and in trust for such judgment credtors, which, when colle[UNK]cted by the said trustee or trustees, together with the money which may be in the hands of the Sheriff, arising from the sale of any property of any such debtor or debtors, shall be subje[UNK]ct
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to the further order of, and after the payment of the costs and charges, shall be distributed by the said Court agreeably to the laws within this state for the payment of judgments and executions. SEC. 5. And be it further ena[UNK]cted, That the said trustee or trustees, shall proceed without delay, to colle[UNK]ct all the debts, c. so transferred as aforesaid, either by suit or otherwise, which, when colle[UNK]cted, shall be paid by the said trustee or trustees, into the clerk's office of the said Court, and the said trustee or trustees shall have and receive five per centum on all monies so colle[UNK]cted by him or them, as a compensation for his or their trouble and expences in colle[UNK]cting the same. And any trustee or trustees who shall fail to pay into Court, any money by him or them colle[UNK]cted as aforesaid, shall be subje[UNK]ct to the same punishment for contempt, and to the same mode for the recovery of the said money, as [Illegible Text] are liable to by the laws of this state. SEC. 6. And be it further ena[UNK]cted, That when any person or persons who now are, or hereafter may be committed for any debt or damage [Illegible Text], and shall not be able to satisfy his ordinary prison fees, such fees shall be paid by the person at whose instance [Illegible Text]
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insolvent person may be confined. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. [Illegible Text] TATTNALL, Jun, Governor. Assented to December 5, 1801. AN ACT To regulate [Illegible Text] in this State, and to appoint Escheators. SEC. 1. BE it ena[UNK]cted 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 Clerk of the Court of Ordinary, in each County, be, and he is hereby requred to take upon himself, [Illegible Text] execute the duties of Escheator, for the purposes, [Illegible Text] after the manner hereinafter mentioned and [Illegible Text], that is to say:Every Clerk of the Court of [Illegible Text] in each County, shall give bond, with good [Illegible Text] sufficient sureties, payable to, and taken by the
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Governor for the time being, for the use of the state, which shall be recorded in the Secretary's Office of this state, in the penal sum of ten thousand dollars, for hmself and sureties jointly and severally, and conditioned for the faithful discharge of the duties of his said office, and shall moreover take the following oath, to be administered by the Governor, or any one of the Judges of the Superior Court, at the time of taking the said bond, to wit:I, A. B. do solemnly swear, that I will [Illegible Text] execute the duties of Escheator, for the state of Georgia, and diligent enquiry make for all property which hath escheated, or shall escheat to the state, according to the true intent and meaning of the A[UNK]ct, in this case made and provided.So help [Illegible Text] God. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That where it shall appear that any person has died without will and without heirs, leaving property behind, that then and in such case it shall be the duty of the Escheator of the County in which such person shall have died, to make enquiry of all the estate, both real and personal, of which the deceased died, seized and possessed, and to notify the same in writing,
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to the Escheator of every other County, in which the said deceased, at the time of his death may have held, or been possessed of any estate, either real or personal, and thereupon it shall be the duty of the Escheator of the County, in which such person shall have died, and of every other Escheator so notified, as aforesaid, to make a true and just statement of all the property, so [Illegible Text] as comes to his knowledge, which the said deceased may have been seized and possessed of in his County, and notify the same to the Judge of the Superior Court, at least two months previous to the meeting of said Court in such County, and the Judge presiding at such Court shall cause the Jury, (being first sworn) to proceed and make a true inquest of all such supposed escheated property, both real and personal, which by the Escheator, shall be submitted to their investigation, and a true verdi[UNK]ct make thereon; whereupon the Judge of the Court aforesaid, shall certify the same under his hand and seal, to the Escheator of said County, who is hereby ordered to record the same in a book to be by him kept for that purpose, and shall return the original into the Office of the Clerk of the said Superior Court, to be there filed, and kept as a record of the said Court,
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and further on returning the inquest into the Office of the Court aforesaid, the Clerk shall thereupon cause to be advertised in one of the Public Gazettes of this state, the first week in every month for six months, the particular descrption of property, both real and personal, so escheated, the name of the person last seized and possessed, and the supposed time of his or her death, together with the part of the world, in which he or [Illegible Text] was known or supposed to be born, and requiring his or her heir, or others who may claim under him or her, to appear and make claim, and if no person shall appear and make right and title to the same within twelve months after the time prescribed for advertising the same, the Clerk of the said Court shall [Illegible Text] process to be signed by one of the Judges to the Escheator, pronouncing the said property, both real and personal, to be escheated to and vested in this state, and dire[UNK]cting him forthwith, to sell and convey the same, having given six weeks notice of the time and place of sale, in one of the Public Gazettes of this state, and also in two or more public places of the County; and it shall be the duty of every such Escheator, to return the proceeds of such sale, after dedu[UNK]cting for his own use, two
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and a half per cent. of all the monies received and pad on account of such sales, as a compensation for his services, and the necessary expences thereunto attendant, into the Treasury of this state. Provided nevertheless, if any person or persons, shall appear wthin twenty one years, in cases of escheated real estate, but within five, if escheated personal property, and establish his title to such real or personal property in the Superior Court, on an issue to be made up and tried, and the same being certified by the Judge presiding at the trial of such issue to his Excellency the Governor, he shall forthwith give such person or persons a draught on the Treasury, for the amount paid therein, in manner aforesaid. SEC. 3. And be it further ena[UNK]cted by the authority aforesaid, That any person or persons without delay, shall be heard on an issue to be made up in the Superior Court, on a petition setting forth, his, her or their right, and the said property, both real and personal, shall be committed to him, her or them, if he, she or they shall shew good evidence of his, her or their title, to hold until the right shall be found for the state, or the claimant, such claimant finding sussicient security
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[Illegible Text] prosecute his, her or their suit with effe[UNK]ct, and without delay, and to render to the state, the yearly value of such property, if the right be found for the state: Provided, That if any suit for property supposed to be escheated, shall be prosecuted by any Escheator, and the Jury before whom such trial shall be had, shall think there is no probable cause, the Court before whom the same shall be tried, shall award to the party aggrieved, his, her or their reasonable and legal costs, to be paid out of any funds, arising under and by virtue of this A[UNK]ct. SEC. 4. And be it further ena[UNK]cted by the authority aforesaid, That any possession, grant, conveyance, or any other cause or title, shall not preclude or hinder the sate from making inquest and sale, after the manner herein before prescribed, of all such property, both real and personal, as has been heretofore escheated (save that which may have been escheated, prior to the 4th day of July, one thousand seven hundred and seventy-six) by the death of the person last seized, and possessed without will, and without heirs, any law or usage to the contrary notwithstanding; and further [Illegible Text] property real or personal, of any person dying without
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will and without heirs, shall be found in the hands [Illegible Text] an Executor or Administrator, the [Illegible Text] shall [Illegible Text] behalf of the state, sue for and recover the same, [Illegible Text] at law or in equity, and if real estate, the same [Illegible Text] recovered, shall be sold by notice and advertisement, as herein before dire[UNK]cted, and if personal property, the amount of the same when recovered, shall [Illegible Text] paid into the Public Treasury of this state. SEC. 5. And be it further ena[UNK]cted by the authority aforesaid, That nothing herein contained shall prejudice the rights of creditors, or other individuals having claims or legal titles, or who shall be under the disabilities of infancy, coverture, duress, lunacy, or being beyond the limits of the United States, until three years after such disabilites shall be removed. SEC. 6. And be it further ena[UNK]cted by the authority aforesaid, That if any Escheator, shall fail to do the duty required of him by this A[UNK]ct, or any loss or damage shall accrue to this state, by his miscondu[UNK]ct or fraudulent pra[UNK]ctices, the offender shall be responsible for all such loss or damage; and the Superior Court of the County, wherein the offender resides, shall have power and authority to order a prosecution in the name
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of the state, and the Jury shall try the fa[UNK]ct, and [Illegible Text] the damages and costs, and upon conv[UNK]ction such [Illegible Text] shall be incapable forever thereafter of holding any place of trust or profit within this state; and further that no Escheator shall dire[UNK]ctly or indire[UNK]ctly, either by himself or any person whatsoever purchase or [Illegible Text] concerned with any person or persons, in purchasing any escheated property, without being subje[UNK]ct and liable to the payment of five thousand dollars, to be sued for and recovered in any Court of record, one half for the benefit of the informer who shall sue for and recover the same, and the other half to the use of the state; and moreover, that every such offender on convi[UNK]ction, shall be forever disabled from holding any office of trust or profit under this state. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun. Governor. Assented to December 5, 1801.
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AN ACT Prescribing the mode of manumitting Slaves in this State. SEC. I. BE it ena[UNK]cted by the Senate and House of [Illegible Text], in General Assembly met, and by the authority of the same, That from and after the passing of [Illegible Text] A[UNK]ct, it shall not be lawful for any person or [Illegible Text], to manumit or set free any negro slave or slaves, [Illegible Text] mulatto mustizo, or any other person or persons of colour, who may be deemed slaves at the time of the [Illegible Text] of ths A[UNK]ct, in any other manner or form, than by an application to the Legslature for that purpose. SEC. 2. And be it further ena[UNK]cted, That f any [Illegible Text] or persons shall after the passing of this A[UNK]ct, set [Illegible Text] any slave or slaves, in any other manner or form [Illegible Text] the one prescribed herein, he shall forfeit for every [Illegible Text] offence two hundred dollars, to be recovered by [Illegible Text] of debt or ndi[UNK]ctment, the one half of the said [Illegible Text] to be applied to the use of the County in whch [Illegible Text] offence may have been committed, the other half [Illegible Text] the use of the informer or informers; and the said [Illegible Text] or slaves so manumitted and set free, contrary to [Illegible Text] true meaning and intent of this A[UNK]ct, shall be still
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to all intents and purposes, as much in a state of [Illegible Text] as before they were manumitted and set free, by [Illegible Text] party or parties so offending. SEC. 3. And be it further ena[UNK]cted, That it shall [Illegible Text] be lawful for the Clerk's of the Superior Courts, [Illegible Text] any other Officer of the state, to enter on record [Illegible Text] any book of record by them kept, any deed of [Illegible Text], or other paper which shall have for obje[UNK]ct [Illegible Text] manumitting and settng free any slave or slaves, [Illegible Text] the party offending herein, shall forfeit for every [Illegible Text] or other paper so recorded, the sum of one hundred dollars, to be recovered by a[UNK]ction of debt or [Illegible Text] in any Court having cognizance thereof, the [Illegible Text] half to be paid to the party who shall sue or [Illegible Text] for the same, and the other half to the use of the [Illegible Text], where the offender may reside. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of [Illegible Text] Senate, pro tempore. JOSIAH TATTNALL, Jun, Governor. Assented to December 5, 1801.
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AN ACT For the Inspe[UNK]ction of [Illegible Text]. SEC. I. BE it ena[UNK]cted 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 A[UNK]ct, there shall be an Inspe[UNK]ction of Flour, at the several places hereinafter mentioned, that is to say:In the City of Savannah, in the City of Augusta, Petersburg, and at the Mill of Joseph Ray, in the County of Columbia, and at the Town of Sparta and Montpelier in Hancock County; and at Leven Wail's Mill in the County of [Illegible Text] [Illegible Text] Philip Hunter's Mill in the County of Greene, [Illegible Text] Mill in the County of Jackson, and at Hudson's Mill in the County of Scriven, under such regulations as are hereinafter pointed out. SEC. 2. And be it ena[UNK]cted by the authority aforesaid, That it shall be the duty of the Justices of the Inferior Court, or a majority of them in the several Counties wherein such Inspe[UNK]ction shall be established, at any time to appoint three fit and proper persons, [Illegible Text] [Illegible Text] for each Inspe[UNK]ction, who shall take and subscribe
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the following oath; before one or more of the Justices of the Inferior Court, to wit: I, A. B. do solemnly swear, or affirm, (as the case may be) that I will duly and faithfully inspe[UNK]ct all [Illegible Text] brought to me for that purpose, to the best of my knowledge.So help me. God. SEC. 3. And be it further ena[UNK]cted by the authority aforesaid, That it shall be the duty of the said Inspectors, or any two of them, to number and mark each barrel of [Illegible Text], they shall inspe[UNK]ct, and give a certificate for the same, with the quality and number thereof, to witfirst, second, or third. SEC. 4. And be it further ena[UNK]cted, That the said Inspe[UNK]ctors, shall be entitled to the sum of twenty-five cents, for each barrel so inspe[UNK]cted, to be paid by the person or persons owning the same. SEC. 5. And be it further ena[UNK]cted, That any person or persons, who shall forge or counterfeit any certificate, as aforesaid, he, she or they so offending, shall be prosecuted by indi[UNK]ctment, as in other cases, for forgery, and suffer such punishments, as is pointed our by law in such cases. SEC. 6. And be it further ena[UNK]cted, That when any
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vacancy or vacancies shall happen, by death, resignation or otherwise, in any of the said Inspe[UNK]ctions, it shall be the duty of the Justices of said Inferior Courts, or any three of them, to fill such vacancy, and any of them so apponted and qualified, may proceed to the duty assigned them by this A[UNK]ct. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, [Illegible Text] Governor. Assented to December 5, 1801. AN ACT To incorporate a Company, for the improvement of the Navigation of that part of Ogechee River, between the Town of Louisville and Paramour's Bluff. WHEREAS it is conceived that it will very much advance the Agricultural and Commercial Interest of this state, to remove as much as possible all obstru[UNK]ctions to the Navigation of the River Ogechee,
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between the Towns of Louisville and Hardwick, and will be produ[UNK]ctive of considerable advantages to trade and industry in general. SECTION I. BE it therefore ena[UNK]cted by the Senate [Illegible Text] House of Representatives of the state of Georgia; in General Assembly met, and by the authority of the same, [Illegible Text] for the purpose of carrying into effe[UNK]ct so desirable [Illegible Text] obje[UNK]ct, that John Shellman, David M`Cormick, [Illegible Text] Gachet, Michael Shelman, Robert Flournoy, [Illegible Text] Robinson, Robert Reid, Joseph G. Posner, [Illegible Text] Mounger, and Stephen Powell, and such other [Illegible Text] as shall associate with them, be and they are [Illegible Text] declared a body corporate, to be known by the [Illegible Text] and name of the Ogechee Navigation Company, [Illegible Text] by that name shall be and are hereby made able [Illegible Text] capable in law, to have, purchase, receive, [Illegible Text] enjoy and retain to them and their successors, [Illegible Text] rents, tenements, and hereditaments, goods, [Illegible Text] and effe[UNK]cts of any kind, nature or quality whatsoever and the same to sell, grant, demise, alien or dispose [Illegible Text] and to sue and be sued, plead and be impleaded, [Illegible Text] and be answered, defend and be defended in [Illegible Text] or any other place whatsoever; and also to make, [Illegible Text]
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and use a common seal, and the same to break, [Illegible Text] and renew at their pleasure. SEC. 2. And be it further ena[UNK]cted, That the said Company, or a majority thereof, annually, on the first Monday in January, shall proceed by ballot, to ele[UNK]ct a President and four Managers out of their own body, to continue in office for the term of one year, and the President and Managers to ele[UNK]cted, as aforesaid, or a majority of them including the President, shall and they are hereby authorised and empowered, to make such regulations for the government of the Company, as shall appear to them necessary and expedient, for the purpose of carrying into effe[UNK]ct and operation, the true obje[UNK]ct and intention of the [Illegible Text] but in case it should at any time happen, that the ele[UNK]ction of a President and Managers as aforesaid, should not take place at any annual day of ele[UNK]ction, as aforesaid, the said Corporation shall not for that cause, be [Illegible Text] or destroyed; but the President shall appoint some other day, and shall give not less than thirty days public notice thereof, in one of the Gazettes of this state, and he shall continue in office until such ele[UNK]ction is made.
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SEC. 3. And be it further ena[UNK]cted, That when the improvements in the Navigation, as hereinafter [Illegible Text] out, are made and completed, that any person or [Illegible Text] navigating said River, shall pay a toll for the [Illegible Text] of the Company, not exceeding twelve and a [Illegible Text] cents for every hogshead of tobaccosix and a [Illegible Text] cents for every bale of cottonsix and a quarter [Illegible Text] for every barrel of flourand six and a quarter [Illegible Text] for every hundred weight of all other articles [Illegible Text] lumberthe rafting of which shall be and remain [Illegible Text] to all persons whatsoever; and shall also levy a toll [Illegible Text] proportion to the dstance from any other place on [Illegible Text] Rivr Ogechee, between the Town of Louisville and Paramour's Bluff, aforesaid; and if any person or persons passing up or down said River, with any boat [Illegible Text] other vessel, with goods, produce or other articles [Illegible Text] board, shall refuse to pay the toll aforesaid, or any other rates the said Company may establish not exceeding those aforesaid, then and in that case, the said Corporation shall by their agent or agents duly appointed, have power, and are hereby authorised to seize and detain the same untl the established toll as aforesaid shall be paid.
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SEC. 4. And be it further ena[UNK]cted, That when the [Illegible Text] Corporation shall have removed the obstru[UNK]ctions in [Illegible Text] said River, between the Town of Louisville and [Illegible Text] Bluff, as aforesaid, so that boats, passing [Illegible Text] or down, carrying a burthen of thirty hogsheads of [Illegible Text] or thirty thousand weight of any other articles [Illegible Text] the water is at its common height, shall safely [Illegible Text] up and down, and when the River aforesaid shall [Illegible Text] been so cleared out, and the obstru[UNK]ctions as [Illegible Text] and required by this A[UNK]ct removed, a report [Illegible Text] shall be made by the President and Managers, [Illegible Text] majority of them, to the Executive Department, [Illegible Text] shall appoint fit persons, not less than three in [Illegible Text] to examine and report the improvements [Illegible Text] on the said River by the said Company, between [Illegible Text] Town of Louisville and Paramour's Bluff, as [Illegible Text] and if the persons so nominated and apponted, [Illegible Text] due examination, shall report that the River [Illegible Text] is so improved in its Navigation, and the [Illegible Text] so removed, that boats of the description [Illegible Text] [Illegible Text] can safely pass from the Town of [Illegible Text] to Paramour's Bluff, aforesaid, then and not [Illegible Text] the said Corporation or Company shall be empowered
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to levy and receive the rates of toll aforesaid. SEC. 5. And be it further ena[UNK]cted, That the said Company shall have the exclusive [Illegible Text] of navigating the said River, within the aforesaid [Illegible Text] and shall remain and continue a Corporate Body or Body Politic, for the term of ten years, and no longer. Provided, that nothing herein contained shall extend, or be construed to extend to effe[UNK]ct in any [Illegible Text] whatsoever, the funds of this state, or any part thereof in the expences of the persons appointed to examine the River, as aforesaid, or compensate them for their services. DAVID MERIWETHER, [Illegible Text] of the House of Representatives. JOHN JONES, President of [Illegible Text] Senate, pro tempore. JOSIAH TATTNALL, Jun. Governar. Assented to December 5, 1801. AN ACT For the Improvement of the Navigation of the [Illegible Text] and Alatamaba Rivers, from Montpelier to Darian. SEC. I. BE it ena[UNK]cted by the Senate and House of [Illegible Text]
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of the state of Georgia, in General Assembly met, and it is hereby ena[UNK]cted by the authority of the [Illegible Text] That from and after the passing of this A[UNK]ct, all persons liable to work on Public Roads, [Illegible Text] within five miles of the Oconee and [Illegible Text] Rivers, from Montpelier to Darian, shall work on the said Rivers, for the improvement of the Navigation thereof, five days in each year, at such time and times, as the Commissioners hereinafter named shall dire[UNK]ct. SEC. 2. And he it further ena[UNK]cted by the authority [Illegible Text] That if any person or persons so liable to work on the said Rivers, shall negle[UNK]ct or [Illegible Text] to work, after having five days notice for that purpose, and to bring with him or them, such tools as the Commissioners shall require, shall be liable to be fined in a sum not exceeding one dollar for each day so negle[UNK]cting or [Illegible Text] to be recovered before any Justce of the Peace, [Illegible Text] the Captain's [Illegible Text] wherein such delinquent shall [Illegible Text] Provided, such time of notice does not happen [Illegible Text] persons liable to work on Roads, should be called [Illegible Text] work thereon; and all fines so recovered, shall be [Illegible Text] by the Commssioner or Commissioners to the [Illegible Text] of clearing out the said Rivers.
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SEC. 3. And be it further enacted, That the [Illegible Text] named persons shall be, and they are hereby [Illegible Text] pointed Commissioners of the following Distri[UNK]cts Divisions, that is to say:John Miles, [Illegible Text] from Montpelier to the Mouth of Buck Creek[Illegible Text] Boykin, from the Mouth of Buck Creek to [Illegible Text] White BluffReed Dupre from the White [Illegible Text] the Mouth of BuffaloHugh Lawson from the [Illegible Text] of Buffalo to the Mouth of Deep CreekElijah [Illegible Text] shear from the Mouth of Deep Creek to the line [Illegible Text] the Counties of Washington and Montgomery-Samuel Harrison from the said dividing line to [Illegible Text] Rock SpringPeter Mercer from the Rock [Illegible Text] to Berryhill's BluffJames Blanchard, from [Illegible Text] Bluff to Silver BluffThomas Raine's from [Illegible Text] Bluff to Stalling's BluffGeorge Wyche from [Illegible Text] Bluff to Ford's ShoalShort Long from [Illegible Text] Shoal to the Jun[UNK]ction of the Oconee and Oakmulgee-Asa Travis from the said Jun[UNK]ction to Milligan's Bluff-John Swilley from Milligan's Bluff to the Mouth [Illegible Text] OhoopeeShadrach Stanley from the Mouth of [Illegible Text] to Beard's BluffThomas Lile's from [Illegible Text] Bluff to the Lower End of Oswell's Cut[Illegible Text]
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[Illegible Text] from the Lower End of Oswell's Cut to the [Illegible Text] of PhinhollowayJohn Johnston from the [Illegible Text] of Phinholloway to Darian. SEC 4. And be it further ena[UNK]cted, That the said [Illegible Text] be and they are hereby vested with full [Illegible Text] and authority, to appoint overseers for their [Illegible Text] Distri[UNK]cts, whose duty it shall be to warn in [Illegible Text] and overlook the hands liable to work on said [Illegible Text] agreeably to the true intent and meaning of [Illegible Text] A[UNK]ct. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun. Governor. [Illegible Text] to December 5, 1801. AN ACT [Illegible Text] prevent encroachments on the River Savannah, and is remove such as now exist in the said River, or [Illegible Text] within the jurisdi[UNK]ction and limits of the City of [Illegible Text]
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SEC. 1. BE it ena[UNK]cted by the Senate and House [Illegible Text] Representatives of the state of Georgia, in [Illegible Text] Assembly met, and by authority of the same, [Illegible Text] the Mayor and Aldermen of the City of Savannah, [Illegible Text] the time being, be and they are hereby vested with full power and authority, and are hereby required, [Illegible Text] cause an accurate survey of the Whars Lots in the [Illegible Text] City of Savannah, to be made and to ascertain the [Illegible Text] line of low water mark, and to mark out the same [Illegible Text] stakes or otherwise; which said line when so [Illegible Text] and marked out, shall be the ultimate limits of the [Illegible Text] Whars Lots on the River. SEC. 2. And be it further ena[UNK]cted by the [Illegible Text] aforesaid, That if it shall appear after the said line [Illegible Text] low water mark shall be run out and ascertained as aforesaid, that any of the heads built on the said [Illegible Text] Lots, or any platforms or buildings or other improvements whatever shall extend beyond the said line, the same shall be deemed and considered encroachments [Illegible Text] the said River, and the owner or owners thereof, [Illegible Text] their agent or attorney, or the Executor or Administrator of such owner or owners, shall within three [Illegible Text] after the same shall be ascertained and marked as [Illegible Text]
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and notice thereof given in one or more of the [Illegible Text] of the said City of Savannah, by the Mayor [Illegible Text] Aldermen thereof, remove or cause to be removed, [Illegible Text] part or parts of the said Whars Head, platform or building or other improvement of any kind back to the [Illegible Text] line. SEC. 3. And be it further ena[UNK]cted by the authority aforesaid, That if any owner or owners of the said Whars Lots, or their agent or attorney, or the Executor or Administrator of such owner or owners, shall [Illegible Text] or refuse to remove, or cause to be removed the said encroachments within the said term of three months, he or they, so negle[UNK]cting or refusing shall [Illegible Text] and pay for every foot such encroachments shall extend beyond the said line of low water mark 500 dollars, to be recovered by a[UNK]ction of debt or indi[UNK]ctment, in any Court having cognizance thereof, at the instance of the said Mayor and Aldermen for the time being, and applied to [Illegible Text] of the said City:And moreover, it shall and may be lawful for the said Mayor and Aldermen for the time being, and they are hereby authorised and required, to cause the said [Illegible Text] to be removed, and the costs and expence
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thereof to be levied by distress and sale of the [Illegible Text] both real and personal, of such owner or owners, notwithstanding the forseiture herein before expressed. SEC. 4. And be it further ena[UNK]cted, That it shall be unlawful for the owner or owners of any Whars [Illegible Text] in the said City of Savannah, their agent or attorney. Executor or Administrator to build a Whars Head, Platform, or any other improvement whatever, which shall extend beyond the said line of low water mark; and the same shall be considered as encroachments on the said River Savannah; and any person or persons offending herein shall forseit and pay for every [Illegible Text] which such encroachments shall extend beyond the said line 500 dollars, to be recovered by a[UNK]ction of debt [Illegible Text] indi[UNK]ctment in any Court having cognizance thereof [Illegible Text] the instance of the said Mayor and Aldermen, or other person who shall sue and prosecute for the same, to be applied to the use of the said City of Savannah, if sued or prosecuted by the said Mayor and Aldermen, and if any other person one half to be paid to such person, and the other half to the use of the City. And it shall moreover be the duty of the said Mayor and Aldermen for the tme being, and they are hereby authorised and
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[Illegible Text] to [Illegible Text] the said encroachments to be removed, and the costs and expence thereof to be levied by [Illegible Text] and sale of the estate both real and personal of the owner or owners thereof, notwithstanding the forfeiture herein before expressed. SEC. 5. And be it further ena[UNK]cted, That the said Mayor and Aldermen for the time being, be and they are hereby authorised and required to cause to be removed all encroachments of any kind or description whatever, which now are, or may hereafter be placed on any square street or lane in the said Cty of [Illegible Text] and to levy the costs and expence thereof by diftress and sale, out of the estate both real and personal of any person or persons who may have made such encroachments or the owner or owners thereof; unless the owner or owners of such encroachments, their agent or attorney, Executors or Administrators, do and shall remove the same, within three months after having been notisied thereof by the said Mayor and. Aldermen. DAVID MERIWETHER, Speaker the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun. Governor. Assented to December 5, 1801.
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AN ACT To divide Montgomery County. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by authority of the same, That from and immediately after the passing of this A[UNK]ct, Montgomery County shall be divided, as hereinafter shall be pointed out, (that is to say) beginning at the Mouth of Limestone Creek, on the Oconee River, and from thence a dire[UNK]ct course to the Mouth of Wolf Creek on Great Canouchee, from thence down Canouchee to the Mouth of Cedar Creek, from thence keeping the late established line between Liberty County and Montgomery to the Mouth of Beard's Creek on the Alatamaha River, and from thence up the middle of the Alatamaha and Oconee Rivers to the beginning, which tra[UNK]ct or parcel of land so bounded and described, shall form a new County, to be called and known by the name of Tattnall. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That all Justices and other officers that may be residing within the aforesaid new County, shall [Illegible Text]
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in office, and that the Courts and other public business, shall be held and transfa[UNK]cted in a House said to have been built by Zachariah Cox at or near the Saw Mills on the Ohoopie, until otherwise altered by [Illegible Text] SEC. 3. And be it further ena[UNK]cted, That the line designated as aforesaid, shall be run at the joint expence of both Counties, viz. the Counties of Montgomery and Tattnall. SEC. 4. And be it further ena[UNK]cted, That no monies shall be drawn from the Treasury for the purpose of cre[UNK]cting a Court House and Jail in either of the said Counties, any law to the contrary notwithstanding. SEC. 5. And be it further ena[UNK]cted, That the said County of Tattnall, shall be and is hereby declared to belong to the 2d Brigade of the 1ft Division. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, [Illegible Text] Governor. Assented to December 5, 1801.
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AN ACT To Divide the County of Jackson. SEC. 1. BE it ena[UNK]cted by the Senate and House Representatives of the state of Georgia, in [Illegible Text] Assembly met, and by the authority of the same, [Illegible Text] all that part of the County of Jackson, lying and [Illegible Text] within the following limits, shall form one other [Illegible Text] and shall be called and known by the name Clarke, (that is to say)The line dividing the [Illegible Text] County of Clarke, from the County of Jackson, [Illegible Text] begin on the Appalachee River, at the Mouth of [Illegible Text] Creek, thence a dire[UNK]ct line to Richard [Illegible Text] Mill, on the Middle Fork of the Oconee River, [Illegible Text] thence a dire[UNK]ct line to where the Oglethorpe [Illegible Text] crosses the North Fork of Brush Creek, thence [Illegible Text] the Oglethorpe Line to the Oconee River, thence [Illegible Text] the Greene Line to the Appalachee River, thence [Illegible Text] the said River to the beginning. SEC. 2. And be it further ena[UNK]cted by the [Illegible Text] aforesaid, That William Hopkins, William [Illegible Text] Daniel Bankston, John Hart, and John Cobb, [Illegible Text] be and they are hereby appointed Commissioners, [Illegible Text]
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[Illegible Text] or a majority of them, are vested with full power [Illegible Text] to fix on the most convenient and central [Illegible Text] within the said County, at which the Courts and [Illegible Text] shall be held, as soon as suitable Buildngs [Illegible Text] ere[UNK]cted thereat, and the sad Commissioners, or a [Illegible Text] of them, are hereby authorised and [Illegible Text] to contra[UNK]ct with fit and proper persons, for the [Illegible Text] of building a Court House and Gaol in the [Illegible Text] aforesaid, which after at least thirty days notice, [Illegible Text] be let to the lowest bidder. Provided, that until [Illegible Text] Court-House shall be ere[UNK]cted, the Courts and [Illegible Text] for the said County, shall be held at the [Illegible Text] of Isaac Hill. SEC. 3. And be it further ena[UNK]cted by the authority [Illegible Text] That the Justices of the Inferor Court of the [Illegible Text] County, are hereby authorised and empowered to [Illegible Text] a tax not exceeding one sixth of their General [Illegible Text] on the inhabitants and taxable property within [Illegible Text] same, for the purpose of ere[UNK]cting a Court House [Illegible Text] Gaol as aforesaid, which shall be done in such [Illegible Text] as in the judgment of the Court shall be least [Illegible Text] to the inhabitants. SEC. 4. And be it further ena[UNK]cted by the authority
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[Illegible Text], That Bedford Brown, shall be and he is hereby appointed to run the line of the said County; and [Illegible Text] the charges thereof shall be paid by the Inferior [Illegible Text] of the County, to be levied as in this A[UNK]ct is dire[UNK]cted. SEC. 5. And be it further ena[UNK]cted, That [Illegible Text] Scurlock, Benjamin Easley, William Deal, [Illegible Text] Brazil and Procer Horton, be and they are hereby appointed Commssioners for fixing on the place at which the Court-House and Gaol shall be built in the [Illegible Text] of Jackson, which said Commissioners or a majority are hereby authorised and empowered, to contra[UNK]ct [Illegible Text] [Illegible Text] and proper persons, for the purpose of building Court-House and Gaol in the aforesaid County, [Illegible Text] after at least thirty days notice, shall be let to the [Illegible Text] [Illegible Text] bidder. Provided, that until the Court-House [Illegible Text] Gaol are ere[UNK]cted, the Courts and Ele[UNK]ctions shall [Illegible Text] held at the House of Thomas Kirkpatrick. SEC. 6. And be it further ena[UNK]cted, That the two [Illegible Text] Academies of Jackson and Clarke Counties, [Illegible Text] be consoldated into one Academy, and that the [Illegible Text] Court-House of Jackson, shall be and the same is [Illegible Text] by vested in the Commissioners of the aforesaid [Illegible Text] of Jackson and Clarke, which now are or [Illegible Text]
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[Illegible Text] be appointed Commissioners of the Academies of the aforesaid Counties. SEC. 7. And be it further ena[UNK]cted, That no monies shall be drawn out of the Treasury, for the purpose of [Illegible Text] a Court-House and Gaol in either of the said Counties; any law to the contrary notwithstanding. SEC. 8. And be it further ena[UNK]cted, That the said County of Clarke, shall be and the same is declared to belong to the Third Brigade of the Third Division of the Militia of this state. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun. Governor. Assented to December 5, 1801. AN ACT To alter the time of the meeting of the Superior Courts of this State, and to repeal and amend certain parts of the A[UNK]ct entitled, An A[UNK]ct to amend an A[UNK]ct, entitled an A[UNK]ct [Illegible Text] revise and amend the Judiciary System of this State.
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SEC. 1. BE it ena[UNK]cted 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 Superior Court appointed to be held in the County of Chatham, in December instant, shall be and the same is continued over until the second Monday in January thereafter, to which all manner of suits or a[UNK]ctions, and all writs or processes, as well as all jurors and witnesses, and all manner of business of any kind or description whatever, shall stand continued, and be a[UNK]cted upon in the same manner as they would have been if no such continuance had taken place. SEC. 2. And be it further ena[UNK]cted by the authority [Illegible Text], That from and after the end of the said term of the said Superior Court, to commence and be held in the said County of Chatham, on the second Monday in January next as aforesaid, the Superior Courts shall be held in the respe[UNK]ctive Counties, in the Eastern, Middle and Western Distri[UNK]cts of this State, twice in every year at the several times hereinafter mentioned, to wit: SPRING CIRCUIT. EASTERN DISTRICT. On the first Monday in March in the County of
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[Illegible Text]; the Monday thereafter in the County of Glynn; the Monday thereafter in the County of [Illegible Text]; the Monday thereafter in the County of Liberty; the Monday thereafter in the County of Bryan; the Monday thereafter in the County of Bulloch; the Monday thereafter in the County of Effingham; and the Monday thereafter in the County of Chatham. FALL CIRCUIT. EASTERN DISTRICT. On the second Monday in August in the County of Camden; the Monday thereafter in the County of Glynn; the Monday thereafter in the County of [Illegible Text]; the Monday thereafter in the County of Liberty, the Monday thereafter in the County of Bryan; the Monday thereafter in the County of Bulloch; the Monday thereafter in the County of Effingham; and the Monday thereafter in the County of Chatham. MIDDLE CIRCUIT. On the fourth Monday in February and August in the County of Columbia; the Monday thereafter in the County of [Illegible Text]; the Monday thereafter in the County of Jefferson; the Monday thereafter in the County of Burke, the Monday thereafter in the County
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of Scriven; the Monday thereafter in the County [Illegible Text] Washington; the Monday thereafter in the County [Illegible Text] Montgomery; the Monday thereafter n the County [Illegible Text] Tattnall; and the Monday thereafter in the County [Illegible Text] Richmond. WESTERN CIRCUIT. On the third Monday in February and August in [Illegible Text] County of Hancock; on the first Monday in March [Illegible Text] September in Greene; the third Monday in March [Illegible Text] September in Oglethorpe; on the fourth Monday [Illegible Text] March and September in Clarke; the first Monday [Illegible Text] April and O[UNK]ctober in Jackson; the second Monday [Illegible Text] April and O[UNK]ctober in Franklin; the third Monday [Illegible Text] April and O[UNK]ctober in Elbert; the fourth Monday [Illegible Text] April and O[UNK]ctober in Lincoln; and the first Monday [Illegible Text] May and November in Wilkes. INFERIOR COURTS. On the fourth Monday in January and June in Clarke on the first Monday in February and July in Jackson on the second Monday in February and July in Franklin; on the third Monday in February and July in [Illegible Text]; on the fourth Monday n February and July in Lincoln; and on the first Monday in March and [Illegible Text]
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SEC. 3. And be it further ena[UNK]cted by the authority aforesaid, That the sixtieth se[UNK]ction of the aforesaid a[UNK]ct, entitled, An A[UNK]ct to amend an A[UNK]ct, entitled an A[UNK]ct to [Illegible Text] and amend the Judiciary System of this State, be and the same is hereby repealed; as also, so much of the fifty-ninth se[UNK]cton thereof as requires the attendance of the Judges of the Snperior Courts at the Seat of Government annually, for determining on such points as may be reserved for argument, and which may require [Illegible Text] uniform decision, be and the same is hereby repeated. SEC. 4. And be it further ena[UNK]cted, That all points reserved for argument, and now waiting a decision at the Seat of Government, be and the same are hereby dire[UNK]cted to be sent back to the respe[UNK]ctive Counties from whence they have been sent, and there decided by the presiding Judge. SEC. 5. And be it further ena[UNK]cted by the authority aforesaid, That in all cases brought in the said Superior Courts, or either of them, where either of the Judges thereof shall be a party, or interested therein, it shall be the duty of three or more of the Justices of the Inferior Court to preside at the trial of the same. SEC. 6. And be it further ena[UNK]cted, That all manner
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of suits and a[UNK]ctions, and all writs or processes, as [Illegible Text] [Illegible Text] and witnesses, and all manner of business of [Illegible Text] kind or description whatsoever, now depending in [Illegible Text] of the courts aforesaid, shall stand over and be a[UNK]cted up on at the several periods herein pointed out for [Illegible Text] said Courts, in the same manner as if no alterations [Illegible Text] taken place as to the time of holding the said Courts. DAVID MERIWETHER, [Illegible Text] of the House of Representatives. JOHN JONES, President of [Illegible Text] Senate, pro [Illegible Text] JOSIAH TATTNALL, Jun. Governor. Assented to December 5, 1801. AN ACT More effe[UNK]ctually to provide for the payment of [Illegible Text] Jailers and Coroner's Fees; which may be now [Illegible Text] or which hereafter may become due, and for [Illegible Text] power in the Inferior Courts of this state, for the purpose of carrying this A[UNK]ct into full effe[UNK]ct. SEC. 1. BE it ena[UNK]cted by the Senate and House of [Illegible Text]
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of the State of Georgia, in General Assembly [Illegible Text], That from and after the passing of this A[UNK]ct, the Justices of the nferior Courts, are hereby required to levy annually a County Tax, equal to all fees, which are due or may become due to the respe[UNK]ctive Sheriffs, Jailers and Coroners, within the several Counties in this state, from the insolvency of prisoners, or for the maintainance of criminals, or in the case of Coroners, for the payment of all fees, which have or may become due such Coroners for holding Inquests on the bodies of persons found dead; and whose estate shall prove insufficient to discharge the legal fees: Provided, [Illegible Text] all fees for holding Inquests on the body of slaves, shall be paid by the owner or such slave or slaves; and it shall be the duty of the Colle[UNK]ctor of the General Tax, to colle[UNK]ct and pay into the hands of the Clerks of such Courts, the amount of taxes so assessed and colle[UNK]cted by order of the Justices aforesaid; which said amount shall be applied to the payment of such fees as may or have become due to such Sheriffs, Jailers and Cornoers, as aforesaid; and the Colle[UNK]ctors shall be allowed the same commissions and fees for such colle[UNK]ction as s allowed by law for the colle[UNK]ction of the General Tax; and shall
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be liable to the same fines and [Illegible Text] for any default, negle[UNK]ct or improper condu[UNK]ct, which said fines and [Illegible Text] may be imposed by the Justices of the Inferior Courts at their discretion. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That an A[UNK]ct passed the 27th day of February, 1796, entitled An A[UNK]ct to vest further power in the Inferior Courts of this state, respe[UNK]cting the fees of Sheriffs and Jailers, and all other A[UNK]cts militating with this Law, be and the same are hereby repealed. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. JOSIAH TATTNALL, Jun. Governor. Assented to December 5, 1801. AN ACT To Appropriate Monies for the Year 1802. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General
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[Illegible Text] met, and by the authority thereof, That the [Illegible Text] of the Governor, shall be 2000 dollars per [Illegible Text]the Secretaries of the Governor, not exceeding [Illegible Text], 500 dollars each per annumthe Secretary of [Illegible Text], 200 dollars per annumthe Surveyor General [Illegible Text] dollars per annumthe Judges of the Superior [Illegible Text] each 1400 dollars per annumthe Treasurer [Illegible Text] dollars per annumthe Attorney and two [Illegible Text] General, each 150 dollars per annumthe [Illegible Text] of Senate, 300 dollars per annumthe Clerk of [Illegible Text] House of Representatives, 300 dollars per annum[Illegible Text] the Comptroller General, 600 dollars per annumwhich said several sums shall be, and they are hereby [Illegible Text] for their their use, to be paid quarterly, [Illegible Text] warrant from the Governor on the Treasury, [Illegible Text] of the Taxes to be received for the years 1801 and 1802; and the sum of 15,000 dollars as a contingent fund, subje[UNK]ct to the drafts of the Governor. SEC. 2. And be it further ena[UNK]cted, That the President of the Senate, and the Speaker of the House of Representatives, shall have each four dollars per day [Illegible Text] the other members of both branches of the [Illegible Text], at and after the rate of three dollars per day
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each, for their coming to, attendance on, and returning from the same; the Secretary of the Senate and [Illegible Text] of the House of Representatives four dollars per day two Engroffing Clerks of the House of Representative four days per day; the [Illegible Text] Clerks of the [Illegible Text] four dollars per day; the Messengers and Door Keepers of both branches of the General Assembly [Illegible Text] dollars per day; the Clerk of the House of Representatives and Secretary of the Senate, the sum of sixty five dollars, for stationary, fire-wood and other [Illegible Text] expences during the present fession; to [Illegible Text] Hammill, Clerk to the Committee on the state of the republic, the sum of twelve dollars; to E. B. Jenkin Clerk to the Committee on finance, the sum of [Illegible Text] dollars; to Seaborn Jones the sum of 623 dolls. 87 1-2 cents; the sum of 5000 dollars subje[UNK]ct to the order of the Governor, for printing 2000 copies of [Illegible Text] and Crawford's Digest of the Laws of Georgia which has been compiled and approved, agreeably [Illegible Text] the dire[UNK]ction of the A[UNK]ct of the sixth of December 1799; one thousand Copies of which to be sold under the dire[UNK]ction of the Executive, and the proceeds paid into the Public Treasury; the sum of 428 dolls. [Illegible Text]
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[Illegible Text] the same is hereby appropriated for the use of the County of Bulloch, to build a Court-House and Jail for said County; to Mrs. Thomson Gordon, the sum of 465 dolls. 64 3-4ths cents, its being the amount of a gratuity due from this state, to colonel John White, an officer in the Georgia Line; the sum of 465 dolls. 64 3-4ths cents, to Abraham P. Jones, in full for a gratuity due him as an officer n the Georgia Line, agreeably to a joint resolution; to John Berrien, Esq. the sum of 465 dolls. 64 3-4ths cents, for his gratuity as an officer in the Georgia Line; to the Adjutant General the sum of three dollars per day, while in a[UNK]ctual service; to Jacob Theifs, Jailer of Chatham County, the sum of nineteen dollars; to Archibald Beall, the sum of thirty dollars, for the maintainance of two old and infirm negroes, the property of this state; the further sum of fifty dollars to Richard Weatherford, an invalid soldier; the sum of fifty dollars to Mrs. A. Jones, widow and reli[UNK]ct of James Jones, an invalid [Illegible Text], deceafed, as a temporary support for herself and children; to Alexander M`Millan, 1090 dollars, [Illegible Text] being a balance due him for printing in the year 1799, as reported by the committee on finance; which
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said several sums shall be paid to the several [Illegible Text] herein named, out of any monies which now are, [Illegible Text] [Illegible Text] be paid into the Treasury; the sum of 500 [Illegible Text] to be paid out of the contingent fund, for the [Illegible Text] of House Rent, c. for the use of the [Illegible Text]. DAVID MERIWETHER, [Illegible Text] of the House of Representatives. JOHN JONES, President of [Illegible Text] Senate, pro tempore. JOSIAH TATTNALL, Jun. Governor. [Illegible Text] to December 5, 1801. AN ACT [Illegible Text] raise a Tax for the Support of Government for the [Illegible Text] one thousand eight hundred and two. SEC. 1. Be it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in [Illegible Text] Assembly met, and by the authority thereaf, That a [Illegible Text] [Illegible Text] be levied and colle[UNK]cted on all lands within this [Illegible Text] [Illegible Text] to or [Illegible Text] for any person or persons in the
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following mode, to wit: On each and every acre of all Tide Swamp, ([Illegible Text] or uncultivated,) including islands of the first quality, at three cents and seven mills per acre; of the second quality at two cents and three mills per acre; and of the third quality at seven mills per acre. On all pine lands adjoining such tide swamp, or contiguous thereto, or within three miles of water [Illegible Text] at six mills per acre. On all prime or inland swamp, (cultivated or uncultivated,) of the first quality, at two cents and six mills per acre; of the second quality, at one cent and four mills per acre; and of the third quality, at six mills per acre. [Illegible Text] all pine lands adjoining or contiguous thereto, at one mill and an half per acre; on all salt marsh, one and an half mills per acre. On all high river swamp or low grounds, (cultivated or uncultivated) including islands, including such as are called second low grounds, lying above Abercorn [Illegible Text] and as high as the Mouth of M`Bean's Creek, on Savannah River, of the first quality at one cent and nine mills per acre; of the second quality, at one cent and two mills per acre; and of the third quality six mills per acre.
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On all High Rver Swamp, as aforesaid, lying [Illegible Text] M`Bean's Creek, and as high as the Mouth of [Illegible Text] Creek, of the first quality, at two cents and nine [Illegible Text] per acre; of the second quality, at one cent and nine mills per acre; and of the third quality, at eght and an half mills per acre. On all High River Swamp, as aforesaid, lying from the Mouth of Rae's Creek, to the Mouth of [Illegible Text] River, on Savannah River, of the first quality, at one cent and five mills per acre; of the second quality, [Illegible Text] eight and an half mills per acre; and of the third quality, at two and an half mills per acre. On all Oak and Hickory Lands (cultivated or uncultivated) including Islands from the Mouth of Rae's Creek, to the Mouth of Broad River, and within one mile of Savannah Rver, of the first quality at six mills per acre; of the second quality, at two and an half mills per acre; and of the third quality, at one and an half mills per acre. On all Oak and Hickory Lands, including Islands, (cultvated or uncultivated) from the Mouth of Broad River, up the Savannah River, and withn one mile of the same, and up Tugolo River, to the marked line on
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[Illegible Text] [Illegible Text], of the first quality, at four and one [Illegible Text] mills per acre; of the second quality, at two and an half mills per acre; and of the third quality, at one mill per acre. On all Oak and Hickory Lands, including Islands, (cultivated or uncultivated) from the Mouth of Broad River, to the marked line on the head thereof, of the [Illegible Text] quality, at four and one quarter mills per acre; [Illegible Text] the second quality, at two and an half mills per acre; [Illegible Text] of the third quality, at one mill per acre. On all High River Swamp or Low Grounds, including Islands (cultivated or uncultivated) from Fort Argyle to the Mouth of Buck Head Creek on Ogechee River, of the first quality, at seven and one quarter mills per acre; of the second quality, at four and one quarter mills per acre; and of the third quality, at one [Illegible Text] an half mills per acre. On all Oak and Hickory Lands, as aforesaid, from the Mouth of Buck Head Creek to the Head of [Illegible Text] River, of the first quality, at six mills per acre; of the second quality, at two and an half mills per acre; and of the third quality, at one and an half mills per acre.
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On all High River Swamp, or Low Grounds, including [Illegible Text] (cultivated or uncultivated) from the Mouth of Buck Head Creek, to the Head of Ogechee River, of the first quality, at six mills per acre; of the second quality, at two and an half mills per acre; and of the third quality, at one and an half mills per acre. On all High River Swamp (cultivated or uncultivated) including Islands from Cat Head on the River Alatamaha to the Mouth of Oconee River, of the first quality, at eight and an half mills per acre; of the second quality, at four and one quarter mills per acre; and of the third quality, at one and an half mills per acre. On all High River Swamp or Low Grounds, as aforesaid, from the Mouth of Oconee River, along the Northern stream, on the north side of the Indian Temporary Line, to the confluence of the Oconee and Appalachee or South Fork, of the first quality, at one cent and two mills per acre; of the second quality, at six mills per acre; and of the third quality, at one and an half mills per acre. On all River Swamp, as aforesaid, from the confluence of the Oconee and Appalachee Rivers, [Illegible Text]
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[Illegible Text] the north side of the Indian temporary line, of the first quality, at seven mills and an half per [Illegible Text] of the second quality, at five mills per acre; and of the third quality, at two and an half mills per acre. On all Oak and Hickory Lands throughout this state, of the first quality, at four and a quarter mills per [Illegible Text] of the second quality, at two and a half mills per [Illegible Text] [Illegible Text] of the third quality at one a quarter cents per acre. On all Oak and Hickory Lands, including Islands, (cultivated or uncultivated) above the flowing of the [Illegible Text] on all Rivers from Cat Head on the River Alatamaha, to the River St. Mary's, inclusive, to the marked [Illegible Text] aforesaid, of the first quality, at two and an half mills per acre; of the second quality, at one and an half mills per acre; and of the third quality, at three quarters of a mill per acre. On all lands on the Sea Islands, or lying or contiguous to the Sea Shore, usually cultivated or capable of cultivation, in corn, indigo, or cotton, of the first quality, at one cent and five mills per acre; of the second quality, at eight and one half mills per acre; and of the third quality, at four mills per acre. On all other Pine Lands throughout the state, [Illegible Text] three quarters of a mill per acre.
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SEC. 2. And be it further ena[UNK]cted, That the sum of thirty one and a quarter cents, shall be levied on all free male white persons of the age of twenty one years and upwards in this state; and the sum of thirty one and a quarter cents on all negroes and other slaves under sixty years, within the limits of the same; and the sum of thirty one and a quarter cents on every hundred dollars value of every lot, whars, or other lands not herein already enumerated; and on all other buildings within the limits of any Town, Village, or Borough, within the same; the sum of thirty one and a quarter cents upon all male free negroes, mulattoes and mustizoes, from the age of twenty one years and upwards, over and above the taxable property they may be [Illegible Text] of, and the sum of thirty one and a quarter cents shall be levied on every hundred dollars value of all persons stock in trade, shop-keepers and others, to be computed at prime costs, and the return to be made on oath, that the stock in trade so returned is the highest estimation of the stock in such persons possession, at any tme not exceeding three months preceding the time appointed by this law for such stock in trade to be estmated and returned; the sum of one dollar on all four wheeled [Illegible Text]
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(waggons excepted,) and the sum of fifty cents on all two wheeled carriages, (carts and drays excepted,) the sum of four dollars on all pra[UNK]ctitioners of law or physic; and the sum of fifty dollars on all billiard tables; and the sum of one thousand dollars on all E O tables, or other instruments of the like constru[UNK]ction for the purpose of gambling; and whenever it shall so happen that the person or persons owning or holding such table [Illegible Text] possession, refuse legally to return such table or tables, [Illegible Text] after returning the same, shall negle[UNK]ct or refuse to [Illegible Text] the tax thereon when thereunto required, it shall be, and is hereby made the duty of the Colle[UNK]ctor of Tax, to [Illegible Text] on the said table or tables, or instrument, and expose the same to public sale, after giving such notice as is required for the sale of personal property; and should the [Illegible Text] table or tables after being set up for sale, not sell for [Illegible Text] full tax due on the said table or tables, that then all [Illegible Text] property of the owner or owners shall be liable for [Illegible Text] taxes aforesaid; and further, the person or persons [Illegible Text] such table or tables is hereby made liable to [Illegible Text] and pay the like tax n every county in this state, wherever he, she or they may carry the same. That the [Illegible Text] on E O and billiard tables may be levied and colle[UNK]cted
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at any time after the passing of this a[UNK]ct, [Illegible Text] such tables may be found, but if the tables should [Illegible Text] secreted so that they cannot be come at, then [Illegible Text] Colle[UNK]ctor shall levy on any other property belonging [Illegible Text] the said owner or owners, and every Tax Colle[UNK]ctor [Illegible Text] hereby required to proceed immediately against [Illegible Text] keeping such tables, as is dire[UNK]cted n cases of non [Illegible Text] of taxes on other property. The sum of four [Illegible Text] [Illegible Text] on all Fa[UNK]ctors and Brokers, and on all wares, [Illegible Text] and merchandize sold, bargained or trafficked for [Illegible Text] such Fa[UNK]ctors and Brokers; eighteen and three [Illegible Text] cents on every hundred dollars by them sold or [Illegible Text] ed of, to be given in upon oath; and the sum of [Illegible Text] cents on every hundred dollars of the funded stock [Illegible Text] the United States, to be given in by the holders [Illegible Text] in like manner as stock n trade. Provided [Illegible Text] That in all cases of extreme indigence or infirmity, [Illegible Text] [Illegible Text] Court of each county shall be, and they are [Illegible Text] by authorized, to remit the poll tax upon such [Illegible Text] or infirm person claiming the same. SEC. 3. And be it further ena[UNK]cted, That the [Illegible Text] sums shall be paid on all suits hereafter [Illegible Text] in the Superior, Inferior or Mayor's Courts, where [Illegible Text]
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[Illegible Text] or [Illegible Text] sued for, shall not exceed one hundred [Illegible Text] the sum of fifty cents; above one hundred and [Illegible Text] exceeding three hundred, one dollar; above three [Illegible Text] and not exceeding five hundred dollars, one [Illegible Text] and fifty cents; and on all sums above five hundred [Illegible Text], two dollars, to be paid to the Clerk by the [Illegible Text], before the suit or process issues, for the use [Illegible Text] the state, which sums shall be taxed in the bill of [Illegible Text]: And the Clerks of the respe[UNK]ctive Courts of all [Illegible Text] Counties in this state, are hereby required to make [Illegible Text] returns to the Comptroller on oath, on or before [Illegible Text] first day of January in every year of the number of [Illegible Text] commenced and the sums received thereon; and [Illegible Text] at the same time remit to the Treasurer the amount [Illegible Text] such return, dedu[UNK]cting five per centum:And any [Illegible Text] failing to make such returns, and pay or remit [Illegible Text] monies as aforesaid, shall on complaint made by the [Illegible Text], to the Judge or Justices of their respe[UNK]ctive [Illegible Text], be liable to a writ of attachment for contempt, [Illegible Text] fined at the discretion of the Court, and continuing [Illegible Text] default, be dismissed from office, and suffer [Illegible Text] from the Treasurer in like manner as Tax [Illegible Text].
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SEC. 4. And be it further ena[UNK]cted, That on the [Illegible Text] Monday in January annually, the Justices of the [Illegible Text] Courts, and Justices of the Peace of the [Illegible Text] Countes of this state, shall be and they are [Illegible Text] authorised and required to ele[UNK]ct the Receiver or [Illegible Text] of Tax Returns (as the case may be) for [Illegible Text] time being, and Colle[UNK]ctors of Taxes in their respe[UNK]ctive Counties. SEC. 5. And be it further ena[UNK]cted, That it shall [Illegible Text] the duty of the Sheriffs of the respe[UNK]ctive Counties [Illegible Text] this state, and they are hereby authorised and required when a sale shall have taken place, under and by [Illegible Text] of an execution issued by the [Illegible Text] of the [Illegible Text] under the dire[UNK]ctions of this A[UNK]ct, against any [Illegible Text] Tax Colle[UNK]ctor, and the property of such [Illegible Text] Tax Colle[UNK]ctor shall have been sold for monies due [Illegible Text] state, to deliver the possession of the property so [Illegible Text] to the purchaser or purchasers thereof; and if the [Illegible Text] defaulter or any other person or persons who may [Illegible Text] in possession of the said property so sold, shall [Illegible Text] to deliver up the same upon being called on by the Sheriff of the County for that purpose, it shall be [Illegible Text] duty of such Sheriff, and he is hereby required to [Illegible Text]
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the said defaulting Tax Colle[UNK]ctor, or any other person or persons who may be in possession of the property sold, and deliver the same to the purchaser or purchasers thereof, their agent or attorney; for which purpose if needful, he shall call on the commanding officer of the militia of the County where the property is [Illegible Text], to render the necessary assistance, who is hereby required to order out the same. SEC. 6. And be it further ena[UNK]cted, That the same rules and regulations for carrying this A[UNK]ct into effe[UNK]ct, shall be observed, as are laid down for carrying into effe[UNK]ct the Tax Law of the year one thousand seven hundred and ninety-seven; except the returns of the Receiver of Tax Returns; and they shall be returned to the Comptroller General. Provided, that no sales which shall be made under this A[UNK]ct, of property [Illegible Text] to orphans, shall have any effe[UNK]ct. DAVID [Illegible Text], Speaker of the House of [Illegible Text] JOHN JONES, [Illegible Text] of the Senate, pro [Illegible Text] JOSIAH TATTNALL, [Illegible Text] [Illegible Text] [Illegible Text] to December 5, 1801.
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IN THE HOUSE OF REPRESENTATIVES, December 2 d, 1801. RESOLVED, That the Honorable John Milledge, one of the Representatives of this state, in Congress, be and he is hereby appointed a Commissioner on the part of this state, to carry into effe[UNK]ct the A[UNK]ct, entitled An A[UNK]ct to amend an A[UNK]ct to carry the 23d se[UNK]ction of the first article of the constitution into operation, so far as relates to the powers vested by the same in the Honorable Abraham Baldwin, James Jones and Benjamin Taliaferro, Esquires, Commissioners on the part of Georgia, to make a session of part of the unlocated Territory of the said state to the United States, passed at Louisville, the [Illegible Text] day of December, 1800, in the room of James Jones, Esquire, deceased. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. Extra[UNK]ct from the Journals, Teste, HINES HOLT, Clerk, In Senate, read and concurred in, WILLIAM ROBERTSON, Secretary. EXECUTIVE DEPARTMENT, Presented and approved of, JOSIAH TATTNALL, [Illegible Text]. Governor. Teste, G. R. CLAYTON, Secretary. December 5th, 1801.
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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA PASSED AT THE SESSIONS OF JUNE AND No VEMBER, 1802. LOUISVILLE: PRINTED BY AMBROSE DAY JAMES HELY PRINTERS TO THE STATE. [Illegible Text]
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AN ACT To ratify and confirm certain articles of agreement and cession entered into on the 24 th day of April 1802, between the Commissioners of the State of Georgia on the one part, and the Commissioners of the United States on the other part. ACTS OF THE STATE OF GEORGIA. WHEREAS the Commissioners of the State of Georgia, to wit: James Jackson, Abraham Baldwin, and John Milledge, duly authorized and appointed by, and on the part and behalf of the said State of Georgia; and the Commissioners of the United States, James Madison, Albert Gallatin, and Levi Lincoln, duly authorized and appointed by, and on the part and behalf of the said United States, to make an amicable settlement of limits, between the two Sovereignties, after a due examination of their respe[UNK]ctive powers, did, on the 24th day of April last, enter into a deed of articles, and mutual cession, in the words following, to wit: ARTICLES of agreement and cession, entered into on the twenty-fourth day of April, one thousand eight hundred and two, between the Commissioners appointed on the part of the United States, by virtue of an a[UNK]ct [Illegible Text], An a[UNK]ct for an amicable settlement of limits
Page (4)
with the State of Georgia, and authorizing the establishment of a Government in the Mississippi Territory; and of the a[UNK]ct supplemental to the last mentioned a[UNK]ct on the one part; and the Commissioners apponted on the part of the State of Georgia, by virtue of an a[UNK]ct entitled, An a[UNK]ct to carry the twenty-third se[UNK]ction of the [Illegible Text] article of the Constitution into effe[UNK]ct, and of the a[UNK]ct to amend the last mentioned a[UNK]ct on the other part. ARTICLE I. THE State of Georgia cedes to the United States, all the right, title and claim, which the said State has to the jurisdi[UNK]ction and soil situated within the boundaries of the United States, south of the State of [Illegible Text], and west of a line beginning on the western bank of Chatahouchie River, where the same [Illegible Text] the boundary line between the United States and Spain, running [Illegible Text] up the said River Chatahouchie, and along the western bank thereof, to the great bend thereof, and next above the place where a certain creek or river called Uchee, (being the first considerable stream on the western side, above the [Illegible Text], and Coweta towns,) empties into the Chatahouchie River; thence in a dire[UNK]ct line to Nickajack, on [Illegible Text] River, then crossing the said last mentioned river, and thence running up the said [Illegible Text] River, and along the western bank thereof, to the southern boundary line of the State of [Illegible Text], upon the following express conditions, and subje[UNK]ct theretothat is to say: FIRSTThat out of the first nett proceeds of the sales of the lands thus ceded, which nett proceeds shall be estimated by dedu[UNK]cting from the gross amount of sales, the expences incurred in surveying, and incident to the sale, the United States shall pay at their treasury, one million two hundred and fifty thousand dollars, to the State of Georgia, as a consideration for the expences incurred by the said state, in relation to the said territory; and for the better securing as prompt a payment of the said sum as is pra[UNK]cticable, a land office for the disposition of the vacant lands thus ceded, to which the [Illegible Text]
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[Illegible Text] has been, or may hereafter be extinguished, shall be [Illegible Text] within a twelvemonth, after the assent of the State [Illegible Text] Georgia to this agreement, as hereafter stated shall [Illegible Text] been declared. SECONDLYThat all persons who, on the twenty-[Illegible Text] day of O[UNK]ctober one thousand seven hundred and [Illegible Text]-five were a[UNK]ctual settlers within the territory thus [Illegible Text], shall be confirmed in all the grants, legally and [Illegible Text] executed prior to that day, by the former British Government of West Florida, or by the Government of Spain, and in the claims which may be derived from my a[UNK]ctual survey, or settlement made under the a[UNK]ct of [Illegible Text] State of Georgia, entitled, An a[UNK]ct for laying out a distri[UNK]ct of land situate on the River Mississippi, and within the bounds of this state, into a county to be called Bourbon, passed the seventh day of February, one [Illegible Text] seven hundred and eighty-five. THIRDLYThat all the lands [Illegible Text] by this agreement to the United States, shall after satisfying the [Illegible Text] mentioned payment of one million two hundred and fifty thousand dollars to the State of Georgia, and [Illegible Text] grants recognized by the preceding condition, be considered as a common fund for the use and benefit of the United States, Georgia included, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatever. Provided however, that the United States for the period and until the end of one year after the assent of Georgia to the boundary established by this agreement shall have been declared, may in such manner as not to interfere with the above mentioned payment to the state of Georga, nor with the grants heren before recognized, dispose of or appropriate a portion of the said lands not exceeding five millions of acres, or the proceeds of the said five millions of acres, or of any part thereof for the purpose of satisfying, quieting or compensating for any claims other than those herein before recognized, which may be made to the said lands or to any part thereofit being fully [Illegible Text] that if an a[UNK]ct of Congress making such disposition
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[Illegible Text] appropriation, shall not be passed into a law [Illegible Text] the above mentioned period of one year, the United States shall not be at liberty thereafter to cede any [Illegible Text] of the said lands on account of claims which may [Illegible Text] laid to the same other than those recognized by the preceding condition, nor to compensate for the same; and in case of any such cession or compensation the present cession of Georgia to the right of the soil [Illegible Text] [Illegible Text] or compensated for shall be considered as null and void, and the lands thus ceded or compensated for shall revert to the state of Georgia. FOURTHLYThat the United States shall at [Illegible Text] own expence extinguish for the use of Georgia, as early as the same can be peaceably obtained on reasonable terms, the Indian titles to the County of Tallassee, to the [Illegible Text] left out by the line drawn by the Creeks in the [Illegible Text] one thousand seven hundred and ninety eight, which had been previously granted by the state of Georgia; both whch tra[UNK]cts had formerly been yielded by the Indians; and to the lands within the forks of the [Illegible Text] and Oakmulgee Rivers; for which several obje[UNK]cts the President of the United States has dire[UNK]cted that a treaty shall be immediately held with the Creeks, and that the United States shall in the same manner extinguish the Indian title to all the other lands within the state of Georgia. FIFTHLYThat the Territory thus ceded shall form a state, and be admitted as such into the Union, as soon as it shall contain sixty thousand free inhabitants, or at an earlier period if Congress should think it expedient, on the same conditions and restri[UNK]ctions, with the same privileges and in the same manner as is provided in the ordinance of Congress of the thirteenth day of July, one thousand seven hundred and eighty-seven, for the Government of the Western Territory of the United States, which ordnance shall in all its parts extend to [Illegible Text] Territory contained in the present A[UNK]ct of Cession, that article only expected which forbids slavery.
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ARTICLE II. THE United States accept the cession above [Illegible Text] and on the conditions therein expressed, and they [Illegible Text] to the State of Georgia whatever claims, right or [Illegible Text] they may have to the jurisdi[UNK]ction or soil of any [Illegible Text] the lands lying within the United States and out of [Illegible Text] proper boundaries of any other States, and situated [Illegible Text] of the Southern boundaries of the States of [Illegible Text], North and South Carolina, and East of the [Illegible Text] line herein above described as the Eastern boundary [Illegible Text] the Territory ceded by Georgia to the United States. ARTICLE III. THE present a[UNK]ct of cession and agreement, shall be [Illegible Text] full force as soon as the Legislature of Georgia shall [Illegible Text] given its assent to the boundaries of this cession. [Illegible Text], that the said assent shall be given within six [Illegible Text] after the date of these presents; And provided, [Illegible Text] Congress shall not during the same period of six [Illegible Text] repeal so much of any former law as authorizes [Illegible Text] agreement, and renders it binding and conclusive [Illegible Text] the United States. But if either the assent of [Illegible Text] shall not be thus given, or if the law of the [Illegible Text] States shall be thus repealed within the said [Illegible Text] of six months, then and in either case these [Illegible Text] shall become null and void. IN faith hereof, the respe[UNK]ctive Commissioners have signed these presents, and affixed hereunto their seals. Done at the city of Washington, in the Distri[UNK]ct of Columbia, this twenty-fourth day of April, one thousand eight hundred and two. Commissioners on the part of the U. States. JAMES MADISON, (L S.) ALBERT GALLATIN, (L. S.) LEVI LINCOLN, (L. S.) Commissioners on the part of Georgia. Witnesses, JAMES JACKSON, (L. S.) ABRAHAM BALDWIN, (L. S.) JOHN MILLEDGE, (L. S.)
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Witnesses, J. FRANKLIN, Senator of the U. S. [Illegible Text] North-Carolina. SAM. A. OTIS, Secretary of the Senate of the United States. JOHN BECKLEY, Clerk of the [Illegible Text] of Representatives of the U. States. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met [Illegible Text] by the authority thereof, That the said Deed or Article of Agreement and Cession, be and the same hereby [Illegible Text] and are fully, absolutely and amply ratified and confirmed in all its parts, and hereby is and are declared to be binding and conclusive on the said State, her Government and Citizens forever. ABRAHAM JACKSON, Speaker of [Illegible Text] House of Representatives. WILLIAM BARNETT, President of the Senate JOSIAH TATTNALL, Jun. Governor. Assented to June 16th, 1802. AN ACT Authorising the Ele[UNK]ctors in the several counties in this State to ele[UNK]ct four persons to represent them in the House of Representatives of the United States. WHEREAS by the late enumeration of the inhabitants of the United States, this State is entitled to four members in the House of Representatives of the United States. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly [Illegible Text] That at the General Ele[UNK]ction which shall be held for members of the State Legislature, on the first Monday in O[UNK]ctober next, and at every second General Ele[UNK]ction thereafter, the Ele[UNK]ctors at such ele[UNK]ctions shall be entitled to vote for four persons to represent this State, in the
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House of Representatives of the United States, under such rules and regulations, as are prescribed by the election laws of this State now in force. ABRAHAM JACKSON, Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, Jun. Governor. Assented to June 16, 1802. AN ACT To authorise Redden and Malachi Moye to bear the name of Denmark. WHEREAS Redden and Malachi Moye, have generally been called and known by the names of Redden and Malachi Denmark, and under those names have made various contra[UNK]cts and engagements: And whereas, it is their wish and desire to bear the name of Denmark, and to be authorised and confirmed therein by law. BE it therefore ena[UNK]cted 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 said Redden and Malachi, be fully authorised to bear, use and retain the name of Denmark, and they are hereby confirmed therein. And all contra[UNK]cts and engagements made by them or either of them under that name, shall be equally valid to all intents and purposes, as if the same had been or were made in the name of Moye, anything to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 18, 1802.
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AN ACT To quiet the claim of James Gunn, to the Estates, real [Illegible Text] personal, of General James Gunn, deceased. WHEREAS it has been represented to this Legislature, that Brigadier General James Gunn, died sestate; and it appearing from the strongest presumptive testimony, that he left a Will and Testament, but that the same has been [Illegible Text] or destroyed, so that there is no probability of its being found: And whereas it also appears to ahve been the wish, desire and intention, of the said General James Gunn, that his nephew, James [Illegible Text] of the State of Virginia, should inherit, possess and enjoy, his estate, real and personal. SECTION I. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby ena[UNK]cted by the authority of the same, That all the estate, both real and personal, of the said Brigadier General James Gunn, and whch he died possessed of, or was entitled to in this State, shall go to and be vested in the said James Gunn, (the nephew of the said Brigadier General James Gunn,) to hold to him, his heirs and assigns, for ever; subje[UNK]ct nevertheless, to the payment of all just debts, due and owing from the estate of the said Brigadier General James Gunn. SEC. 2. And be it further ena[UNK]cted, That all suits, [Illegible Text] proceedings in law or equity, in which this State may be a party, touching the said estate, real and personal, of the said Brigadier General James Gunn, under or by virtue of the Escheat Law, passed last session, shall cease, determine, and be utterly null and void, any thing in the Escheat Law contained to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to November 22, 1802.
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AN ACT To secure to Nathaniel Twining, 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 [Illegible Text] vannah and Town of St. Mary's. SEC. I. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That Nathaniel Twining, 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 Town of St. Mary's n this State, by way of Darien, or such other [Illegible Text] 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, which will be in the year of our Lord one thousand eight hundred and three. SEC. 2. And whereas, there is not at present a convenient post-road leading from the Town of Darien to the Town of St. Marys: Be it therefore further ena[UNK]cted by the authority aforesaid, That the said Nathaniel Twining, his heirs and assigns, shall have the sole and exclusive right of conveying Passengers and their baggage for hire, between the said Town of Darien and St. Mary's by water, until a post-road is laid out and established from the said Town of Darien to St. Mary's, or until a post-road is laid out and established from the City of Savannah to the Town of St. Mary's, by some other rout, than that by Darien. SEC. 3. And be it further ena[UNK]cted, That f 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 places aforesaid, or shall presume to convey any Passengers by water for fare or hire, between the Town of Darien and St. Mary's, so as to abridge the right granted by this A[UNK]ct to the said Nathaniel Twning, without the consent or
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concurrence of the said Nathaniel Twining, under his hand and seal first obtained, every such person or persons so offending shall forfeit and pay to the said Nathaniel Twining, his heirs and assigns, double the amount of the sum demanded or received by such person or persons, to be recovered by the said Nathaniel Twining, or his legal representatives by a[UNK]ction of debt, before any Magistrate or Court having cognizance thereof. Provided nevertheless, That the said Nathaniel Twining, shall within the term of five months from the passing of this a[UNK]ct, commence and put in pra[UNK]ctice the running the said line of Stage Carriages, and also commence and put in pra[UNK]ctice the Water Carriage aforesaid, and continue the fame at least once a week, between the said places, and to the end of the time aforesaid. Provided, that the said Nathaniel Twining, do give bond to his Excellency the Governor, in the sum of three thousand dollars, with good and sufficient security, for the running of Stages for the aforesaid term. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 25, 1802. AN ACT To vest Nichol Turnbull, with the exclusive right of keeping a Ferry from New Deptford, to the Carolina Side of the River Savannah, when the New Charleston Road will strike the same. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That a Public Ferry shall be, and the same is hereby established,
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upon Savannah River, from the plantation of Nichol Turnbull, to the place when the public road leading from Charleston through Tunbridge to Savannah shall strike the said river on the opposite side; which said Ferry, is hereby vested in the said Nichol Turnbull, his heirs, executors, administrators and assigns, for the term of ten years next ensuing the passing of this a[UNK]ct. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That the said Nichol Turnbull, his heirs, executors, administrators and assigns, shall be, and they are hereby required, to keep in repair the road and causeway on his plantation aforesaid, leading to Savannah River, and to provide and keep, one or more good and substantial boat or boats, fit to carry six horses at the least, and one white man, as also a sufficient number of slaves or servants, to attend the said Ferry, as well by night as by day, to carry over the said passengers, their servants, slaves, horses, cattle, carriages, c. and that it shall and may be lawful to, and for the said Nichol Turnbull, his heirs, executors, administrators and assigns, as aforesaid, to ask, demand, and receive, for the said [Illegible Text] the several prices and rates following, and no more, that is to say:For every post traveller, thirty-seven and an half centsFor each person and horse, sixty-two and an half centsFor every wheel carriage per wheel, thirty-seven and an half centsFor every single horse, fifty centsFor neat cattle per head, thirty-seven and an half centsFor calves, goats, sheep or hogs, each, twelve and an half cents. SEC. 3. And be it further ena[UNK]cted, That in case any person or persons, going to the said Ferry, in order to pass the same, shall, after tendering the [Illegible Text] as settled by this a[UNK]ct, meet with delay, proceeding from negligence or other improper condu[UNK]ct, in not giving the due attendance requred by this a[UNK]ct, the said Nichol Turnbull, his heirs, executors, administrators and assigns, shall forfeit and pay for every time such delay shall happen to the person or persons so delayed, a sum not exceeding three dollars for every hour, to be recovered upon proof
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thereof, before any justice of the peace for the County of Chatham, by warrant under the hand and seal of the said justice: Provided, that the person so delayed, shall make complaint within one month next after such delay shall have happened; and all former a[UNK]cts relatng to the said Ferry, shall be and are hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 25, 1802. AN ACT To amend an a[UNK]ct, entitled, An a[UNK]ct to authorise John Martin Dasher, to keep open and improve the [Illegible Text] of Ebenezer Mill Creek, and ere[UNK]ct Mills thereon. WHEREAS a number of the inhabitants of the County of Effingham, have petitioned this [Illegible Text] to amend an a[UNK]ct passed the first day of December 1801, entitled, An a[UNK]ct to authorise John Martin Dasher, to keep open and improve the navigation of Ebenezer Mill Creek, and ere[UNK]ct Mills thereon. BE it therefore ena[UNK]cted by the Senate and House of Representatves of the State of Georgia, in General Assembly met, and by the authority of the same, That the said John Martin Dasher, shall, within nine months after the passing of this a[UNK]ct, prepare a way, by which rafts fifteen feet wide, if necessary, or boats, may pass up and down the said Creek; and in case of failure therein, after a demand, he shall forfeit and pay to the person or persons so detained, for the first day, one dollarfor the second day, two dollarsand for the third day, four dollarsand so on in equal proportion for every day they may be detained, to be recovered by a[UNK]ction of debt or other
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[Illegible Text], in any court having cognizance thereof, at the [Illegible Text] of such party. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT Supplementary to the Judiciary A[UNK]ct. BE it ena[UNK]cted by the Senate and House of [Illegible Text] of the State of Georga, n General Assembly met, and by the authority of the same, That the Judges of the Superior Courts, shall not, in any case whatever, withhold any grant, deed, or other document from the Jury, under which any party in a case may claim title, except such evidence of title as may be bared by the a[UNK]ct of limitaton. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To establish a Fund for the Redemption of the Public Debt of this State. WHEREAS justice and good faith require, that the outstanding debts due by this State should be paid off and discharged.
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SEC. 1. BE [Illegible Text] therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georga, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this a[UNK]ct, all debts due to this State by bond or otherwise, for confiscated property, and all confiscated property yet remaining unsold, and not otherwise specially appropriated, shall be established and set apart as a Fund for the paying and redeeming the Public Debts due by this State; and all monies hereafter colle[UNK]cted for confiscated property, shall be deposited in the Treasury of this State, and the Treasurer shall annually pay to each creditor, his attorney, agent or representative, a just proportion of his debt or demands against this State, in proportion to the whole of the demands; and the quantity of money received as aforesaid, and until all the Public Debt is paid off and discharged. SEC. 2. And be it further ena[UNK]cted, That James Bird, William Robertson, and Hines Holt, be and they are hereby appointed Commissioners, and they or a majority of them are hereby authorised to sell and dispose of all such confiscated property, as yet remains unsold, and also of all such confiscated property that has or may revert to the State, on account of the terms of former sales not being complied with; and the said Commissioners are hereby authorised to receive in payment, any cash demands against this State, which have been liquidated by the Comptroller General, (Wade, and O'Brian's certificates excepted.) Provided, that they and each of the Commissioners aforesaid, do give bond and security to his Excellency the Governor, in the sum of ten thousand dollars, for the faithful discharge of their duty. SEC. 3. And be it further ena[UNK]cted, That all sales of property made by virtue of this a[UNK]ct, shall be at the Seat of Government of this State, and between the hours of twelve and three o'clock in the afternoon, and that the same shall be advertised at least six months in one of the Public Gazettes in each Distri[UNK]ct of this State, and at the Court House in the County where the property lies.
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SEC. 4. And be it further ena[UNK]cted, That the said Commissioners shall be allowed at and after the rate of two and an half per [Illegible Text] each, on all property by them sold, in virtue of this a[UNK]ct, as a compensation for ther services: Provded [Illegible Text], that the sad Commissioners shall not be authorised to sell by virtue of this a[UNK]ct, any lands that cannot be particularly identified by a plat of the same in the Surveyor General's Office of this State; but they, the said Commissioners, are hereby authorised and dire[UNK]cted, to appoint one able surveyor, to survey and make out, under the particular dire[UNK]ction and inspe[UNK]ction of the said Commissioners, or either of them, fair plats of all the lands belonging to this State, by virtue of the consiscation a[UNK]cts heretofore passed in this State, the same being on record in the Secretary of State's Office; but no plat thereof being in the Surveyor General's Office: also to resurvey all lands that may be advertised for sale, agreeably to the plats in the Surveyor General's Office, previous to the sale [Illegible Text]He the said surveyor receiving the usual fees of surveyor's in like cases, out of any monies arising from the sales of such property: and the said surveyor is hereby dire[UNK]cted to return each survey by him so made as aforesaid, to the Commissioners or either of them, to be by the said Commissioners or a majority of them laid before the next Legislature. SEC. 5. And be it further ena[UNK]cted, That this state shall and will warrant and defend the said Commissioners, or a majority of them, in any sale or sales of property, which they may make by virtue of this a[UNK]ct. SEC. 6. And be it further ena[UNK]cted, That this a[UNK]ct shall be held, taken, and be a public a[UNK]ct to all intents and purposes. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802.
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AN ACT To incorporate the Petersburg Union Society. WHEREAS it is a matter of the highest importance in a free government, to increase and diffuse knowledge, and the height of benevolence to aleviate the wants of distress; and as the persons composing the Petersburg Union Society, have formed themselves together for the above laudable purposes. BE it ena[UNK]cted by the Senate and House of Representatves of the State of Georgia, in General Assembly met, and by the authority of the same, That Shaler Hillyer, presidentJohn Williams Walker, secretaryMemorable Walker, Oliver Whvte, James Sanders Walker, John A. Casey, Thomas Casey, Robert Watkins, William Jones, Albert Brux, Robert H. Watkins, Rignal N. Groves, Nicholas Pope, Andrew Green Simms, James Coalter, William Wyatt Bibb, Garland F. Watkins, and Thomas Bibb, members thereof, are hereby incorporated into a society, by and under the name and style of the Petersburg Union Society; and they themselves, their successors, officers and members of the same, shall be, and they are hereby declared to be a body corporate, in deed and in name, by the name and style aforesaid, and by the said name shall have perpetual succession of officers and members, and a common seal to use, with power to make, alter, change, and amend such bye laws and regulations as may be agreed on by the members of the said society: Provided such laws be not repugnant to the laws and constitution of this State, or of the United States. And that they have privilege to sue for, and recover all monies that now are, or may be due to said society, or be sued in like manner, by and under the name and style aforesaid, in any court of this State having competent jurisdi[UNK]ction thereof; and to receive, take and apply all donations, for the uses intended by the said society; and shall, and hereby are declared to be vested with all the privileges, powers and
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advantages, rights and immunities of a society of people, incorporated for the purposes intended by their [Illegible Text]. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT For establshing a Ferry from the Plantation of Newell Walton, sen. to the land of Lee, on Savannah River. BE t ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same, That a Public Ferry shall be, and the same is hereby established upon Savannah River, from the plantation of Newell Walton, senior, to the land of Lee, on the opposite side of the said Rver, under the same rules and regulations as other Ferries in this state are by law established on said River. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT Supplementary to an a[UNK]ct entitled, An a[UNK]ct respe[UNK]cting [Illegible Text], and other Immoralities. WHEREAS the a[UNK]ct entitled an a[UNK]ct respe[UNK]cting Bastardy, and other immoralities, passed on the 16th
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[Illegible Text] of December, 1793, has been found ineffe[UNK]ctual for [Illegible Text] purposes therein intendedfor remedy whereof: SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives in General Assembly met, That from and after the passing of this a[UNK]ct, the punishment to be imposed upon any person who shall be convi[UNK]cted under the first article of the sad recited a[UNK]ct, shall be by fine and imprisonment, or either, at the dire[UNK]ction of the judge. SEC. 2. And be it further ena[UNK]cted, That the penalty for every offence in the third article described, shall continue to increase in the same ratio therein prescribed, and that one half of the fine so infli[UNK]cted shall go to the informer, the other half to the county in which the offender or offenders reside. Provided nevertheless, That nothing herein contained shall be so construed, as to bar either party when charged as aforesaid, from offering exculpatory testimony to the magistrate, in the first instance of the charge exhibited; who may exercise his discretionary power after due enquiry being had, either to discharge or recognize, both or either of the parties charged as aforesaid, in conformity to the intent and meaning of this a[UNK]ct; any thing [Illegible Text] the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To divorce and separate John Mulkey, and Charity, his wife. WHEREAS the 9th se[UNK]ction of the 3d article of the constitution, doth authorise divorces upon legal principles: And whereas, John Mulkey, and Charity, his wife, [Illegible Text] had a fair trial in the Superior
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Court of the County of Montgomery, and a [Illegible Text] given, authorising and recommending a divorce by the Legislature. SECTION 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georga, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this A[UNK]ct, the matrimonial conne[UNK]ction, and civil contra[UNK]ct of matrimony made between the aforesaid John Mulkey, and Charity hs wife, shall be completely annulled, set aside, and dissolved, as fully and effe[UNK]ctually as if no such contra[UNK]ct had been made and entered into between them. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That the said John Mulkey, and Charity, shall in future be deemed and considered as distin[UNK]ct, and separate persons, altogether unconne[UNK]cted by any [Illegible Text] union, or cvil contra[UNK]ct whatever at any time heretofore made or entered into between them. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT Appointing the time for holding the Inferior Courts of the County of Tattnall. WHEREAS no time has been fixed by law, for holding the Inferior Courts in the County of Tattnall, to the [Illegible Text] injury of its inhabitants, the internal police of the County, and the procrastination of judicial proceedings. BE it therefore ena[UNK]cted 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 Inferior
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Courts of said County, shall be holden in said County, from and after the present date, on the first Monday in March and August next, and annually on [Illegible Text] days thereafter. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To authorise the Commissioners of the Academy of M'Intosh County, to dispose of certain land. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the Commissioners of the M'Intosh County Academy, or a majority of them, are hereby fully authorized to sell and dispose of, to and for the use of the said Academy, all and singular such lands as were purchased for the use of said Academy at the confiscated sales, and the said Commissioners or a majority of them, are hereby authorized in case they shall find the same most advantageous to the interest of said Academy, to dispose of the said land or any part, for at least one fourth [Illegible Text], the remainder payable by instalments, not exceeding three years, with interest on the same, taking bond and mortgage on the premises to secure the payment of the same. And whereas, there are certain unapproprated lands, in and adjacent to the Town called Darien, in the County aforesaid, the proceeds of which may assist in promoting the said Institution: SEC. 2. Be it therefore ena[UNK]cted by the authority aforesaid,
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That the said Commissioners, are hereby [Illegible Text] vested in fee simple, to and for the use of said Academy, with all the lots of land and appertenances thereto, belonging in the Town of Darien, comprising all vacant lands laid out and established as a town by that name, under the authority of General Oglethorpe, which allotment is hereby confirmed; and the said Commissioners, or a majority of them, are authorised to make sale of said lots and appertenances, in the same manner, and on the same terms as they are authorised to sell the lands of the Academy, or in such manner as they or a majority of them may deem most conducive to the interest of the said Institution. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To authorise the Commissioners of the Town of Frederica, in the County of Glynn, to lay off a row or range of water lots, and for disposing of the same. WHEREAS it is found by experience, that the front range of lots in the Town of Frederica, is too distant from the water, for the convenient storage or shipping of produce, or the landing of goods imported to that placefor remedy whereof, SECTION 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, by the authority of the same, That the Commissioners of the said Town of Frederica, or a majority of them, are hereby authorised and empowered, to cause a range of lots to be laid off in front of said Town, commencing at Low Water Mark, and running back so
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[Illegible Text] as to leave a street eighty feet between the [Illegible Text] front range of lots, and those to be laid off. SEC. 2. And be it further ena[UNK]cted, That when the [Illegible Text] are so laid off, the said Commissioners are hereby authorised to fell all the lots to be laid off as herein before pointed out, at public au[UNK]ction, first giving sixty days notice in one of the Public Gazettes of Savannah, and at three or more places in said county, and the money arising from such sale, after defraying all the expences of such survey, shall be paid over to the Commissioners of the Academy of said County of Glynn, which shall be by them applied to, and for the use of said institution. SEC. 3. And be it further ena[UNK]cted, That when the lots are so laid off, the Commissioners shall cause two corre[UNK]ct plans thereof, to be laid down and certified by the surveyor, one of which shall be transmitted by them to the Surveyor General, to be recorded in his office, and the other to be delivered to the County Surveyor of said county, to be recorded by him in his office. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To authorise and empower the Trustees of the German Congregation in Ebenezer, to sell and convey a certain tra[UNK]ct of land therein mentioned. WHEREAS the German Congregation in Ebenezer, in the County of Essingham, hath petitioned this Legislature, for leave to sell and convey a tra[UNK]ct of land situated in Goshen, in said County, containing three hundred acres, originally laid out, and granted as [Illegible Text] to the said Church.
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SEC. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives n General Assembly met, That the trustees for the said Ebenezer Congregation, be and they are hereby authorised, to have exposed to public sale the said tra[UNK]ct of land, which was originally reserved as a Glebe to said Church. SEC. 2. And be it further ena[UNK]cted, That the money arising from the sale of the said land, shall be paid into the hands of the said Trustees, to and for the use of the said Ebenezer Congregation, to be expended and applied as the said Congregation, or a majority of them shall determine. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT More effe[UNK]ctually to prevent, the evil pra[UNK]ctice of Stabbing. BE t ena[UNK]cted 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 a[UNK]ct, if any person or persons, shall be guilty of the a[UNK]ct of Stabbing, any person or persons, excepting in their own defence, within the limits of this State, with a Sword, Dirk, Knife or any other Instrument of the like kind; for the first offence, upon convi[UNK]ction thereof, shall be subje[UNK]ct to a fine of 500 dollars, and also confined in the common Goal of the County wherein said crime shall have been committed, for a time not exceeding 60 days, nor less than 40 days. SEC. 2. And be it further ena[UNK]cted by the authority
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aforesad, That if any person or persons, shall be convi[UNK]cted a second time for the like offence, he shall forfeit and pay the sum of 1000 dollars, and be confined in the common Goal not exceeding six months nor less than three months, and shall not be entitled to vote at the General Ele[UNK]ctions, nor to hold any post of profit, honor or trust wthin this State, for the term of three years. Provided nevertheless, That if any person or persons shall be guilty of any of the aforesaid crimes, so as to affe[UNK]ct the life of any person or persons; every such person or persons on convi[UNK]ction thereof, except as above excepted, shall suffer death without the benefit of clergy: any law to the contrary notwithstanding. SEC. 3. Be it further ena[UNK]cted by the authority aforesaid, That one moiety of all fines which shall be imposed, pursuant to this a[UNK]ct, shall be subje[UNK]ct to the disposition of the Inferior Courts of the respe[UNK]ctive Counties, in which such crimes shall be committed, for the use and benefit of the County, and the other moiety thereof, shall be for the use and benefit of the prosecutor. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT For making Permanent the Seat of the Public [Illegible Text] in the County of M`Intosh. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby ena[UNK]cted by the authority of the same, That the place for holding the Courts in M`Intosh County, shall be at Sappelo Bridge, on the spot designated by the Commissioners appointed for [Illegible Text] purpose.
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SEC. 2. And be it further ena[UNK]cted by the authority [Illegible Text], That the Judges of the Inferior Court of said County, are hereby authorized to purchase the land for that purpose, and receive titles therefor, to and for the use of the said County: Provided nevertheless, that the said land is to be purchased out of the County funds, and not to exceed five acres. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To authorise certain Commissioners therein named to [Illegible Text] a Lottery, for the purpose of raising the sum of three thousand dollars, to be appropriated to clearing out and improving the navigation of the Ogechee and Canuchee Rivers. WHEREAS it appears essential to the interest and convenience of the citizens of this state, residing on and near the waters of Ogechee and Canuchee Rivers, that the navigaton of said rivers be improved, by which means the produce and lumber of those parts, may be conveyed with more ease to market. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That it shall and may be lawful for the Commissioners hereinafter named, to establish a [Illegible Text] within one year after the passing of this a[UNK]ct, to raise the sum of three thousand dollars, under such schemes and regulations, as they or a majority of them may [Illegible Text] necessary and proper, to carry into effe[UNK]ct the above recited object; the one equal half of said sum to be applied for the use of Ogechee River, from Paramour's Bluff to its jun[UNK]ction with Canuchee River, and the other
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half to be applied to the use of Canuchee River, from the mouth of Lott's Creek, to its jun[UNK]ction with [Illegible Text] River, in such way and manner as said Commissioners may dire[UNK]ct. SEC. 2. And be it further ena[UNK]cted, That Clement Lanier, Louis Lanier, James Bird, Samuel Smith, Elias Cassells, John M'Call, and [Illegible Text] M'Call, be, and they are hereby appointed Commissioners, to carry the aforesaid lottery into full effe[UNK]ct SEC. 3. And be it further ena[UNK]cted, That the said Ogechee and Canuchee Rivers, shall be deemed and considered navigable Rivers, and under the prote[UNK]ction of the same laws as other navigable Rivers within this state. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To enable the Corporation of Savannah, to colle[UNK]ct certain fines vested in them by law, and to lay a Tax on all Vendue Masters in the said City, and to prote[UNK]ct persons confined in Jail. WHEREAS all fines of the Courts in the County of Chatham, are by law ordered to be paid to the Corporation of the City of Savannah, as Commissioners of the Court-House and Jail, and many difficulties arise in colle[UNK]cting the same. SECTION 1. Now therefore be it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That at the request of the Recorder of the said City, the Clerk of the Courts shall issue executions for all the fines due: and the sheriff shall immediately proceed
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to levy and sell, and pay the money over to the Recorder who shall, and he s hereby ordered to discharge the same, and all fines shall from and after the passing of this a[UNK]ct be paid to the said Recorder. SEC. 2. And be it further ena[UNK]cted, That Vendue Masters before they obtain their licenses, shall pay to the Treasurer of the City of Savannah, the sum of one hundred dollars. SEC. 3. And be it further ena[UNK]cted, That from and after the passing of this a[UNK]ct, no Jailer, shall put any person into irons, unless he is confined for a capital offence, and it is so expressed in the warrant. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To repeal an a[UNK]ct further explaining and defining the duties and powers of the Comptroller General, passed the fifth day of December, one thousand seven hundred and ninety-nine, so far as it respe[UNK]cts the outstanding claims of Roderick Easley, Jeremiah Russell, Reuben Smith, and others. SEC. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That it shall and may be lawful for the Comptroller General to take in the outstanding evidences of the claims due Roderick Easley, Jeremah Russell, Reuben Smith, Phll Cooper, Joseph Edmunson, William Trammill, and Isham Carr, to wit:To Roderick Easley, two hundred and fifty acres for services as quarter-master, and eight hundred acres for duty as [Illegible Text];
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and to Jeremiah Russell, Reuben Smith, Phill Cooper, Joseph Edmunson, William Trammill, and Isham Carr, six hundred and forty acres each; and to issue to each of them the said Roderick Easley, Jeremiah Russell, Reuben Smith, Phill Cooper, Joseph Edmunson, William Trammill, and Isham Carr, new evidences agreeably to the mode pointed out by an a[UNK]ct for calling in the outstanding evidences of the debts due from this state, and for issuing new ones in leu thereof, under proper checks and restri[UNK]ctions, passed the second day of February, one thousand seven hundred and ninety-eight. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That so much of an a[UNK]ct, entitled an a[UNK]ct further explaining and defining the duties and powers of the Comptroller General, as militates with this a[UNK]ct, be and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To establish a Road from Savannah to New-Deptford, and to raise money for the purpose of making and improving the same. WHEREAS it appears essential to the interest of the inhabitants of Savannah, that the communication between that City and Five Fathom Hole, should be improved. SECTION 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georga, in General Assembly met, That a Road be established as a public one, to commence where the new road of Nichol Turnbull leads out of the Skiddaway road down to
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New-Deptford, and that Nichol Turnbull, Edward [Illegible Text], John G. Williamson, Joseph Bryan and William Smith, be Commissioners to open and work upon such parts of the said Road as are not open, and to keep in repair the whole. SEC 2. And be it further ena[UNK]cted, That it shall and may be lawful for the persons heren after named, to establish a Lottery, within three years after the passing of ths a[UNK]ct, to raise the sum of ten thousand dollars, under such schemes and regulations as they may think fit and proper, to enable the Commissioners to open and improve the said Road. SEC. 3. And be it further ena[UNK]cted, That George Jones, Robert Mitchell and J. S. De Montmollin, be and they are hereby appointed managers to carry the said Lottery into effe[UNK]ct. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To amend an A[UNK]ct entitled an A[UNK]ct to alter and amend an A[UNK]ct to empower the Inferior Courts of the several Counties in this State, to order the laying out the Public Roads, and to order the building and keeping in repair the Public Bridges, so far as respe[UNK]cts the Counties of Camden and Chatham. WHEREAS it is found extremely inconvenient, and in many instances impra[UNK]cticable for the inhabitants situated upon Islands and Peninsulas to send their hands across dangerous Sounds and Morass Marshes, to the extreme parts of particular Counties for the purpose of working upon the roads: And whereas, it is found by
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[Illegible Text] that much time is therefore lost in going [Illegible Text] and coming from the same, to the injury both of individuals and the Publicfor remedy whereof, SECTION 1. BE it therefore ena[UNK]cted 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 a[UNK]ct, is shall be the duty of the Inserior Courts of the [Illegible Text] of Camden and Chatham to levy a tax not exceeding one fourth part of the general tax, to be colle[UNK]cted in the same manner that other County taxes are colle[UNK]cted, and to be annually appropriated to the use of opening and keeping in repair the public roads. SEC. 2. And be it further ena[UNK]cted, That the aforesaid court or courts, shall let at public out-cry, such part [Illegible Text] parts of such road or roads as aforesaid, to the lowest bidder as they may deem necessary, and to otherwise a[UNK]ct as is customary in public business generally. SEC. 3. And be it further ena[UNK]cted, That the overseers of each road respe[UNK]ctively, shall inspe[UNK]ct all work that may be let and done upon the aforesaid road or roads, and give a certificate or certificates of their condition to the person or persons contra[UNK]cted with, which on being found equal to contra[UNK]ct by the aforesaid Court or Courts, he or they shall be entitled to receive the amount of the same out of the monies arising from the tax or taxes as aforesaid. SEC. 4. And be it further ena[UNK]cted, That all laws [Illegible Text] parts of laws so far as respe[UNK]cts the aforesaid Counties, pointing out any other mode of working on roads [Illegible Text] is herein contained, be, and the same is hereby [Illegible Text]. ABRAHAM JACKSON, [Illegible Text] of the House of Representatives. DAVID EMANUEL, President [Illegible Text] the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802.
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AN ACT To Incorporate the Town of St. Mary. WHEREAS from the extent and population of the Town of St. Mary, its growing importance, both with respe[UNK]ct to encrease of inhabitants, and diffusive commerce, it is indispensably necessary that many regulations should be made, for the preservation of peace and good order within the same: And whereas, from the many weighty and important matters that occupy the attention of the Legislature at their general meeting, it has hitherto been found inconvenient, and may hereafter become more so, for them to devise, consider, deliberate on, and determine all such laws and regulations as emergencies, or the local circumstances of the said town, may from time to time require. SEC. 1. BE it therefore ena[UNK]cted, That from and immediately after the passing of this a[UNK]ct, all persons, citizens of the United States, and refidng one year within the said, town, and having a freehold or lease for years of a lot within the same, 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 townand they and their successors hereafter to be appointed, shall have perpetual succession, and be stiled and known by the name of The Intendant and Council of the Town of St. Mary, and shall have a common seal, and be capable in law to purchase, have, hold, receive, enjoy, possess and retain, to them and their successors, for the use of the Town of St. Mary, in perpetuity, or for any term of years, any estate or [Illegible Text], real or personal, messuage, lands, tenements, or hereditaments of whatever nature or kind soever, within the limits of the said town; and to fell, 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 [Illegible Text]. And they shall also be vested with full power and
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authority, from time to time, under their common seal, to make and establish such by-laws, rules and ordinances, respe[UNK]cting the harbour, streets, public buildings, workhouses, markets, wharves, public houses, carriages, waggons, carts, drays, pumps, buckets, fire engines, the care of the poor, appoint a Harbour Master, and Health Officer, the regulation of disorderly people, negroes, and in general, every other by-law or regulations that shall appear to them requisite and necessary, for the security, welfare and convenience of the said town, or for preserving peace, order and good government within the same; 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 by-laws of the said town; and they are hereby authorised to appoint a Clerk, Treasurer, Health Officer, Harbour Master, Fire Master, Marshall, Constables, and all such other officers (affixing the salaries and fees of such officers respe[UNK]ctively) as shall appear to them requisite and necessary for carrying into effe[UNK]ctual execution all the by-laws, rules and ordinances they may make for the good order and government of the said town, and the persons residing therein: Provided, that nothing heren contained shall authorize the said Intendant and Council to make any by-laws repugnant to the constitution or laws of the land. And provided also, that the by-laws, rules and ordinances they may make, shall, at all times, be subje[UNK]ct to the revsal, alteration or repeal of the [Illegible Text]. SEC. 2. Be it further ena[UNK]cted, That any two justices of the peace for the County of Camden, shall, within six months after the passing of this a[UNK]ct, gve ten days public notice, in two or more public places in the said Town of St. Mary, that four members are to be chosen to constitute the Council for the said Town, and
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which sad four members of the Council shall have the same qualifications as members of the State Legislature, and also the qualifications of ele[UNK]ctors; and that all free white persons, being citizens of the United States, and residing one year within the said Town, and having a freehold or lease for years of a lot therein as aforesaid, shall be entitled to vote for four members to form the Council aforesaid; and they shall also notify the time and place, when and where the ele[UNK]ction is to be held, and shall superintend the same, or appoint proper persons so to do; and the superintendants, when the ele[UNK]ction is [Illegible Text], shall give notice to the several persons of their appointments respe[UNK]ctively, and summon them to meet together at any time and place within three days after their ele[UNK]ction, for the purpose of taking the oath of office prescribed by this 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, that I will to the utmost of my power, support, advance, prote[UNK]ct and defend the good order, peace and welfare of the Town of St. Mary, 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 said Town, according to the by-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. SEC. 3. Be it further ena[UNK]cted, That when three or more of the said members shall have met and qualified as aforesaid, they shall, within three days after such their qualification, give five days public notice, that an Intendant of the said Town is to be chosen by the members of the said Council, either from among their own body, or the citizens of the said Town, possessing the qualifications of a member as aforesaid; and at the time mentioned in such notice, the said members shall meet at some publc place in the said Town, and vote for such
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[Illegible Text] And when such Intendant shall be [Illegible Text] he shall take the oath above inserted, in the presence of any two or more of the members; after which he may qualify such members as were not before qualified, and if any member should be chosen Intendant, he, together with the members, shall fill up such vacancy until the next annual ele[UNK]ction. And the said Intendant shall and may, as often as occasion may require, summon the members to meet together in Council, any two of whom, with the Intendant, shall be competent to proceed to business. Immediately after the board is completed, the Council shall be divided into two classes. The seats of the first class shall be vacated on the first Monday in May 1804, which shall be [Illegible Text] as the expiration of the first year; and the seats of the second class at the expiration of the second year, so that two members may be chosen annually. The Intendant shall hold his office for two years, and in case of death, resignation, removal, refusal, or disability of the Intendant, or any of the members, the vacancy shall be filled up in the manner already prescribed. The annual ele[UNK]ctions shall be held on the first Monday in May. SEC. 4. And be it further ena[UNK]cted, That the Intendant and Members of the said Council, shall each of them have full power and authority, and they are hereby required, 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 Camden, who is hereby authorised and commanded to receive the same, and the same to 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 with by the laws of this State; and shall and may [Illegible Text]
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the same in every part of the said Town, for the preservation of the peace and good order thereof. SEC. 5. And be it further ena[UNK]cted, That it shall and may be lawful for the said Intendant and Council, and they are hereby empowered at any time after the passing of this a[UNK]ct, to hold Courts once in every month throughout the year, to appoint such Officers as they may think necessary, and to settle and allow reasonable fees, not exceeding one half the fees allowed for like services in the Inferior Courts in suits cognizable therein; and to have jurisdi[UNK]ction of, and to hear and determine all civil causes not involving the right or title to any land or real [Illegible Text] arising within the jurisdi[UNK]ction of the Corporation, so as the demand in such suit or a[UNK]ction 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 or themselves aggrieved, by the decision of the said [Illegible Text], 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 the said trial, and giving sussicient 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 Courts shall be tried on the next succeeding court day after such trial by a jury of seven men, whose verdi[UNK]ct shall be final. SEC. 6. And be it further eua[UNK]cted, That the said Intendant and Council shall have the like power and authority to hold to bail, for debts within their jurisdi[UNK]ction, and under like restri[UNK]ctions as pointed out for the Superior and Inferior Courts; and shall have power to [Illegible Text] and impannel jurors for the trial of appeals; who [Illegible Text] be resident within their jurisdi[UNK]ction, and shall be qualified and liable to serve as petit jurors, to cause them to be summoned, at least five days before the said Court, and to fine them for non-attendance or other miscondu[UNK]ct, in such manner as they may think proper, not exceeding ten dollars; and shall have power to award [Illegible Text] for such [Illegible Text], and cause the goods of the [Illegible Text] [Illegible Text]
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such fines, to be sold by virtue thereof. SEC. 7. And be it further ena[UNK]cted, That the said Intendant and Council shall, in all Judicial procedings, have reference to, and be governed by the laws of force in this State for regulating the Judicial proceedings thereof: and the said Court of Intendant and Council is declared to be a Court of record, and any person necessarily going to, being at, or returning therefrom, [Illegible Text] be free of arrest on any civil fut. SEC. 8. Be it further ena[UNK]cted, That the said Intendant and Council be, and they are hereby appointed a board of Commissioners of Pilotage for the said Port of St. Mary, and are hereby invested with full power and authority to appoint any number of Pilots they may think necessary for said port, and prescribe and establish such rules and regulations as they may deem expedient therefor; which rules and regulations shall be binding on all such Pilots, and those who a[UNK]ct under them, and upon all other persons concerned therein: any law [Illegible Text] the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To amend an a[UNK]ct for keeping open the Oconee River, from the Rock Landing, to John Barnett's, in the County of Clark, passed the second day of December 1801, and to keep open the navigation of the Great Ogechee River, up to the Shoals. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passing of this
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not, no person or persons, under the penalty of [Illegible Text] dollars per day, shall dam, stop or obstru[UNK]ct the [Illegible Text] River, from the Rock Landing, up the main stream thereof, to the [Illegible Text] of the Apalachee; but the same is hereby declared to be, (at least one third part thereof, including the main channel) a free passage; and any person or persons who now has or have dams or other obstru[UNK]ctions placed in the said River Oconee, contrary to the true intent and meaning of this a[UNK]ct, and who will not remove the same, on or before the first day of January next, shall be liable to the same fines as above mentioned. Provided nevertheless, that nothing contained in this a[UNK]ct, shall be construed to extend to affe[UNK]ct any mill dam or dams, other than such as shall have been ere[UNK]cted, or may hereafter be ere[UNK]cted, or extended into the said River Oconee, contrary to law. SEC. 2. And be it further ena[UNK]cted, That so much of the above recited a[UNK]ct, as operates against th[UNK]is a[UNK]ct, be and the same is hereby repealed. SEC. 3. And be it further ena[UNK]cted, That any person or persons who, after the passing of this a[UNK]ct, shall obstru[UNK]ct the main channel of Great Ogechee River, from the Shoals to the mouth thereof, shall be subje[UNK]ct and liable to the same fines and penalties as are pointed out by the above a[UNK]ct. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT Pointing out a mode for adjusting the Claims of the Citizens of this State, against the Creek Nation. WHEREAS a number of the good citizens of this state, have been plundered of property of various
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kinds, to a very large amount by the Creek Indians at different times and places, which they have been called upon to exhibit an account of, to the Executive Department, agreeably to a resoluton of the General Assembly, pasied the 17th day of June last, in order therefore to have them properly arranged and adjusted, to be demanded agreeably to the several existing treaties between the United States and the said Creek Indians. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That it shall be the duty of the Comptroller General, to examine, all such accounts or claims of the citizens against the Creek Nation, for property plundered or detained from them by the said Indians, as may be laid before him by the Executive withn three months from and after the passing of this a[UNK]ct, and where it shall appear to the satisfa[UNK]ction of the Comptroller, that the property charged against the Indians, was a[UNK]ctually taken, or is detained by the said Indians, he shall attach such valuation thereto as in his judgment shall appear just and reasonable, and which would be an equitable compensation for such article or articles between citizen and citizen, and after a careful examination of all the several claims or accounts which may be referred to him by his Excellency the Governor, within the time herein [Illegible Text] pointed out, he shall report to the Executive the result of his investigation, and attach thereto a schedule of all such claims as he may find provided for by any of the existing treaties between the United States and the Creek Nation, a schedule of all such other claims as are not provided for by said treaties, and also such as may be exhibited without such proof as will justify their being charged to the Indians, or to the United States. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid; That his Excellency the Governor, be and he is hereby authorised and required, to deliver to the Comptroller General, such claims or demands as are now deposited in the Executive Department against the
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Creek Nation, and also all which may be received within three months from and after the passing of this a[UNK]ct. SEC. 3. And be it further ena[UNK]cted, That the said Comptroller General shall, previous to entering on the duties required by this a[UNK]ct, take and subscribe the following oath or affirmation before his Excellency the Governor, to wit: I do solemnly swear (or affirm as the case may be) that I will carefully examine all such claims or accounts against the Creek Nation, as may be laid before me by the Executive, and such report make thereon as may appear to me just and equitable, agreeable to this a[UNK]ctSo help me God. SEC. 4. And be it further ena[UNK]cted by the authority aforesaid, That as soon as the aforesaid Comptroller General shall have made out a schedule, he shall deposit the same with his Excellency the Governor, whose duty it shall be to lay the same before the next General Assembly, and also transmit a copy to our members in Congress, whose duty it shall be to present the same to the General Government, and demand compensation for all such property as are not provided for by the different existing treaties. SEC. 5. And be it further ena[UNK]cted by the authority aforesaid, That his Excellency the Governor shall, so soon as the aforesaid Comptroller General shall have furnished him with a schedule of the property last as aforesaid, do appoint three persons to repair to the Creek Nation, and make demand of all prisoners, negroes, and property in conformity to existing treaties: Provided nevertheless, that nothing herein contained shall extend to, or be construed to amount to an [Illegible Text] on the part of this State, or to subje[UNK]ct or render liable the Government thereof, to the payment of any claim or claims, which have been or may hereafter be exhibited, under
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and by virtue of the aforesaid resolution, or this a[UNK]ct. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to November 27, 1802. AN ACT To Appropriate Monies for the Political Year, 1803. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the salary of the Governor shall be 2000 dollars per annthe Secretaries of the Governor not exceeding two, 500 dollars each per ann.the Secretary of State, 200 dollars per ann.the Surveyor General, 200 dollars per annumthe Judges of the Superior Courts, 1400 dollars each per annumthe Treasurer, 1200 dollars per ann.the Attorney and two Solicitors General each, 150 dollars per annumthe Secretary of Senate, 300 dollars per annumthe Clerk of the House of Representatives, 300 dollars per annumthe Comptroller General, 600 dollars per annum:Which said several sums shall be and they are hereby appropriated for their use, to be paid quarterly, by warrant from the Governor on the Treasury, out of the taxes to be received for the years, 1802 and 1803, and the sum of 15,000 dollars, as a contingent sund, subje[UNK]ct to the draughts of the Governor. SEC. 2. And be it further ena[UNK]cted, That the President of the Senate and Speaker of the House of Representatives, shall have each the sum of four dollars per day, and the other members of both branches of the Legislature, at and after the rate of three dollars
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per day, for their coming to, attendance on, and returning from the samethe Secretary of the Senate and Clerk of the House of Representatives, four dollars per daytwo Engrossing Clerks of the House of Representatives, four dollars each per daytwo Engrossing Clerks of the Senate, four dollars each per daythe Messenger and Doorkeeper of both branches of the General Assembly, three dollars each per daythe Clerk of the House of Represenratives and Secretary of the Senate, each the sum of 50 dollars for stationary, firewood and other contingent expences during the present session.To the Commissioners of the Court House and Jail of M`Intosh County, 428 dollars 56 and 1-4 Cents, for the purpose of building a Court House and Jail in said County, in like manner as has been appropriated for other Counties.To the Commissioners of the Court House and Jail of Tattnall County, 428 dollars 56 and 1-4 Cents, for the purpose of building a Court House and Jail for said County, in like manner as has been appropriated to other Countes: any law to the contrary notwithstanding.To the Adjutant General, the sum of three dollars per day, while in a[UNK]ctual serviceTo the Brigade Inspe[UNK]ctors and Adjutants, two dollars each per day, while in a[UNK]ctual service.To William Maxwell, 466 dolls. 18 3-4 cents, as a gratuity due Thomas Maxwell, for his services in the Georgia Line.To Thomas Porter 466 dolls. 18 3-4 cents, for a gratuity as an officer in the Georgia Line.To Benjamin Porter 466 dolls. 18 3-4 cents, for his gratuity as an officer in the Georgia Line. Provided, that each person receiving the said gratuity, shall give bond and security to the Executve, to refund the said sums, in case it should hereafter appear that the same had been previously paid.To William Kelley, the sum of 94 dolls. 57 cents.To John Brisco, the sum of 7 dolls. 81 cents, for money over paid by the said Brisco, for the taxes of the year 1799.To Edmund B. Jenkins, as clerk to the committee on
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finance, the sum of thirty five dollars.To John Hamill, as clerk to the committee on the state of the republic, the sum of twenty five dollars; which said several sums shall be paid out of any monies now in, or which may hereafter come into the Treasury from the payment of taxes.To John Greene, and John Buford, the sum of one hundred and twenty five dollars, sixty-eght and three fourths cents, agreeably to a concurred resolution.To Richard Weatherford, an invalid soldier, the sum of fifty dollars.To Mrs. A. Jones, widow and reli[UNK]ct of James Jones, an invalid solder, deceased, the sum of fifty dollars, as a temporary support for herself and children.To Daniel Buckstine, twenty dollars, in full a Governor's warrant agreeably to a joint resolution of both houses at their last meeting. To John Cobbs, esq. the sum of four thousand five hundred and fifty one dollars, forty two and three fourths cents, from which the Treasurer shall first dedu[UNK]ct and retain the sum of two thousand seven hundred and fifty six dollars ninety-nine cents, it being the amount of monies due the state by the said John Cobbs, which doth appear by his bond bearing date the first of February, 1799.And the sum of fifty dollars be appropriated for the use of James Bynum, as a compensation for expence in defending a suit commenced against him as tax colle[UNK]ctor of Hancock County, for discharging the duties of his office.To Patrick M'Griff, esq. the sum of thirty eight dollars twelve and a half cents, for his services as jailer of Montgomery County, in safe keeping the person of Aaron Bowen, a murderer from the County of Tattnall, in as much as the County of Tattnall, hath not heretofore been sufficiently organised to levy a tax for that purpose.The sum of five hundred dollars to be paid out of the contingent fund for the payment of house rent, c. for the use of the Executive.To Thomas Polhill, twenty-six dollars eighty six cents, being so much recovered from him by the Post Master General, in the Federal Court for stopping
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the stage in conformity to the proclamation of his Excellency James Jackson.To the Counties of Clarke and Jackson, the sum of four hundred and twenty eight dollars fifty six and a quarter cents; the one moiety of said sum to be drawn by the Commissioners of the Court House and Jail in the County of Clarke, the other moiety to be drawn by the Commissioners of the Court House and Jail in the County of Jackson, for the purpose of ere[UNK]cting Court Houses and Jails in said Counties. SEC. 3. And be it further ena[UNK]cted, That the sum of five thousand dollars, be and the same is hereby appropriated as a loan to the Trustees of the University in aid of the funds of the said Institution, for ere[UNK]cting the Collegiate Buildings, the said Trustees first giving bond with security to be approved by his Excellency the Governor, to return the said sum of money into the Public Treasury, within five years with lawful interest thereon. Provided, that the Trustees of the said University shall previous to receiving the said money, or any part thereof cause to be deposited in the Executive Office, a full complete and unconditional relinquishment from Daniel Easley, of all claim or title whatever to the lands conveyed by him to John Milledge, esq. for the use and benefit of the University of this state, against him the said Daniel Easley, his heirs, executors and administrators forever. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 27, 1802. AN ACT For the more effe[UNK]ctually keeping open the River Savannah. WHEREAS the keeping open the River Savannah, is of the greatest importance to the citizens
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of the back country, as well in consequence of navigation, as the advantages resulting to the citizens generally, by having an annual supply of fish therefrom; And whereas, many persons on the said River have so obstru[UNK]cted the passage of boats by dams, as to render it highly injurious to commerce, and almost totally prevented the fish from getting up the same. SEC. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the passing of this a[UNK]ct, it shall not be lawful for any person or persons, to dam, stop or obstru[UNK]ct the River Savannah, from the City of Augusta, to the jun[UNK]ction of the Rivers Tugalo and Keowee, and from thence up the Tugalo River to Hatton's Ford; but that the one third part of the said river, including the main sluce, is hereby declared to remain and continue open for a free passage. SEC. 2. And be it further ena[UNK]cted, That any person or persons who now have dams or other obstru[UNK]ctions placed in the said River Savannah, between the City of Augusta and Hatton's Ford on Tugalo River, contrary to the true intent and meaning of this a[UNK]ct, shall remove the same on or before the first day of January next. SEC. 3. And be it further ena[UNK]cted, That if any person or persons shall, in violation of this a[UNK]ct, either build dams, or otherwise obstru[UNK]ct the said passage, or fail to remove those already made, shall be subje[UNK]ct to a penalty of twenty dollars per day, for every day they may remain after the time [Illegible Text] by this a[UNK]ct. SEC. 4. And be it further ena[UNK]cted, That it shall be the duty of any justice of the peace, in whose distri[UNK]ct such offence or offences may be committed, to issue his warrant upon his own knowledge, or information on oath of any free white person, commanding such offender or offenders to be brought before him within ten days, to answer to the charge alledged against him or them, and such justice shall issue his subp[oelig]na, commanding the attendance of such witness or witnesses, as
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may be thought necessary to establish or defend the [Illegible Text] charge or charges, who shall be subje[UNK]ct to all the pains and penalties for non-attendance, or [Illegible Text] to answer on oath, such questions as may be asked him or them as is customary in justces courts for the colle[UNK]cton of small [Illegible Text], and, if upon examination, it should appear that such offender or offenders is or are guilty of any breach of this a[UNK]ct, it shall be the duty of such justice, to enter up separate judgments against each offender so concerned, for the sum of twenty dollars and costs, for each and every day that such obstru[UNK]ctions shall have continued, and the said justice shall forthwith, issue execution on the said judgment or judgments, so entered up, which shall be levied on the goods and chattels, lands and tenements of such offender or offenders, and sold agreeably to law regulating constables sales; and in case the offender or offenders should prove insolvent, it shall be the duty of the justice or justices, who shall preside at the trial of such offender or offenders, to issue a capias ad satisfaciendum, against the body of such offender or offenders, and commit him or them to the common jail of the county where such offence may be committed, there to remain for the space of twenty days for each offence so committed; and provided there shall be no jail in the county where such offence may be committed, then, and in that case, it shall be lawful for the justices aforesaid, to commit the said offender or offenders, to the common jail of the next adjacent county, and the money arising from such fine or fines, shall be paid into the hands of such justice of the peace, who shall pay one half thereof to the informer, for his own proper use, and the remainng moiety shall be paid by the said justice, to the Clerk of the Inferior Court of the County in which he resides, which shall be considered as a part of the county funds, and appropriated accordingly. SEC. 5. And be it further ena[UNK]cted by the authority aforesaid, That if any justice of the peace shall, in any manner aforesaid, offend against this a[UNK]ct, it shall be lawful for
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him or them, to be sued or prosecuted in any one of the adjoining distrits. And the same fees shall be levied and colle[UNK]cted for services performed under this a[UNK]ct, as are allowed for like services in Justices Courts. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To extend the time for the renewal of certain audited certificates of the State of Georgia, therein designated, to the Executors of the last Will and Testament of Commodore Oliver Bowen, deceased, John Thompson, and Evan Ragland. WHEREAS it appearing that Commodore Oliver Bowen, deceased, had at the time of disease, in his possession, and in his own name and right, a certain voucher of debt from the State of Georgia, to the said Oliver, in the words and figures following, to wit: State of Georgia, Treasurer's Office, Louisville, November 30, 1799. No. 56. These are therefore to certify, that the State of Georgia is justly indebted to Commodore Oliver Bowen, or bearer, the sum of three hundred ninety-two dollars and fifty-eight cents, which said sum will be received in payment of any purchases made of confiscated or reverted property that may have been sold agreeable to law or otherwise provided for by the Legisature. (Signed) JOHN BERRIEN, Treasurer. And whereas, it further appears that the said Oliver Bowen was not apprised in his life-time, or the Executors of his last Will and Testament, to wit:Jabez Bowen, [Illegible Text]. and Jabez Bowen, jun. after his disease, that there
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was an a[UNK]ct passed by the Legislature of Georgia, entitled an a[UNK]ct further explaining and defining the duties and powers of the Comptroller General, passed the fifth day of December one thousand seven hundred and ninety-nine, whereby all certificates of outstanding debts of the State of Georgia, were required to be renewed in the Comptroller General's Office, and by him to be renewed, and certificates aforesaid not being renewed, within two years from and after passing said a[UNK]ct as aforesaid, should be deemed fraudulent, and be forever barred. And whereas the before recited a[UNK]ct appears to have been intended to prevent frauds being pra[UNK]ctised on the State. And whereas it appears oppressive and unjust to deprive a citizen of his just right. SECTION 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georga, in General Assembly met, and by the authority of the same, That the time of renewing the certificate in the before recited a[UNK]ct, shall be extended to Jabez Bowen, fen. and Jabez Bowen, jun. Executors of the last Will and Testament of Commodore Oliver Bowen, deceased, for the space of three months, and on the representatives of the said Commodore Oliver Bowen, deceased, presenting the original certificate in this a[UNK]ct designated, in three months from the passing this a[UNK]ct, the Comptroller-General shall renew the before recited certificate, any a[UNK]ct or parts of a[UNK]cts to the contrary notwithstanding. SEC. 2. Be it further ena[UNK]cted, That an audited certificate, signed John Wereat, Auditor, dated Augusta, the thirty-first of O[UNK]ctober 1789, for one pound thirteen shillings to John Gray; an audited certificate signed Abraham Jones, Auditor, dated December the twenty-fourth 1794, No. 237, for three pounds four shillings and six-pence, to Isaac Underwood; an audited certificate signed John Wereat, Auditor, dated Augusta, the thirty-first of O[UNK]ctober, 1789, for four pounds eight shillings, to James Moore; an audited certificate signed John Wereat, Auditor, dated Augusta, the fifteenth of March 1786, for six pounds fourteen shillings and eight
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pence, to Thomas Hamonon; an audited certificate signed Abraham Jones, Auditor, dated December the thirteenth 1793, No. 6, for seven pounds sixteen shillings and five pence, to John Walton; an audited certificate signed John Wereat, Auditor, dated Augusta, the sixth of February 1790, for twenty-two pounds eight shillings, to John Glenn; an audited certificate signed Abraham Jones, Auditor, dated O[UNK]ctober the eighth 1794, No. 145, for fifty-four pounds eight shillings, in favour of John Giles; an audited certificate signed John Wereat, Auditor, dated Augusta, the sixteenth of February 1790, for fifty-five pounds eight shillings and six-pence, given Ozia Bradford; an audted certificate signed Abraham Jones,, Auditor, dated December the sixteenth 1795, No. 387, for two hundred and thrty-nine dollars and forty cents, given to David Hillhouse; an audited certificate signed John Wereat, Auditor, dated Augusta, the sixth of December 1792, for one hundred pounds, given Elijah Clark; an audited certificate signed John Wereat, Auditor, dated Augusta, the tenth December 1793, for four hundred pounds, given Messrs. Owen and Thompson, shall be renewed in favour of John Thompson; and also an audted certificate, Louisville, No. 25, dated the eighteenth of May 1796, to Col. James Stallings, for the sum of four hundred and fifty dollars, signed John Berrien, Treasurer, shall be renewed in favour of Evan Ragland, by the Comptroller General, in the same manner as other audited certificates have been heretofore renewed; and on the Comptroller General being satisfied that the said audited certificates are genuine, any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802.
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AN ACT To divorce Jacob Bieller, and Mary his Wife. SEC. 1. BE t ena[UNK]cted 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 a[UNK]ct, the matrimonial conne[UNK]ction, or civil contra[UNK]ct of marriage, made between the said Jacob Bieller, and Mary his wife, formerly Mary Nuffer, shall be compleatly annulled, and set aside and dissolved, as fully and effe[UNK]ctually, to all intents and purposes, as if no such contra[UNK]ct had ever heretofore been made and entered into between them. SEC. 2. And be it further ena[UNK]cted, That all property real and personal, not by him or her sold or otherwise disposed of, which the said Jacob Bieller received with, or acquired by or in virtue of his Union or marriage with the said Mary, shall henceforth (with the addition of two hundred per cent thereon) be considered as restored to her the said Mary, and the said property s hereby declared to be completely, fully and absolutely, to all legal intents, vested in, and confirmed unto her, her heirs, executors, administrators and assigns, forever. SEC. 3. And be it further ena[UNK]cted, That the said Mary Bieller is hereby declared a Feme [Illegible Text], and she shall not in future be allowed on any pretence whatever, to charge the said Jacob Bieller, his heirs, executors, or administrators, or his or their estate, with any debts or dues of her contra[UNK]cting, or with a[UNK]ctions of or for damages, for or by reason of Tort Trespass, or damages whatever, which shall hereafter be committed or done by the said Mary Bieller, and shall not be entitled to Dower of or in the estate of said Jacob Bieller, but shall be considered and held as barred, and as having forfeited the same. SEC. 4. And be it further ena[UNK]cted by the authority aforesaid, That the said Jacob Bieller, and Mary, in
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future, shall be deemed and considered as distin[UNK]ct and separate persons, altogether unconne[UNK]cted by any mystical union or civil contra[UNK]ct whatever heretofore entered into between them. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 27, 1802. AN ACT For the improvement of the navigation of the Oconee and Alatamaba Rivers, from Montpellier to Darien. SEC. 1. BE it ena[UNK]cted 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 a[UNK]ct, all persons liable to work on public roads residing in the Captains distri[UNK]ct adjoining the Oconee and Alatamaha Rivers, from Montpellier to Darien, shall work on the said Rivers, for the improvement of the Navigation thereof, at such times as the Commissioners hereafter named shall dire[UNK]ct, not exceeding five days in a year. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That if any person or persons, so liable to work on the said Rvers, or owners of slaves to send them, shall negle[UNK]ct or refuse to work (not having a reasonable excuse) after having five days notice for that purpose, and to bring with him or them such tool or tools as the Commissioners shall require, shall be fined in a sum not exceeding two dollars for each day so negle[UNK]cting or refusing; to be recovered before any Justice of the Peace in the Captain's distri[UNK]ct wherein such delinquent shall reside. Provided, such time of notice does not happen when persons liable to work on public roads
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shall be called to work thereon: and all fines so recovered, shall be applied by the Commissioners respe[UNK]ctively to the use of clearing out the said Rivers. SEC. 3. And be it further ena[UNK]cted, That the Commissioners after named and their successors respe[UNK]ctively, be and they are hereby authorised and required, to appoint each one an Overseer in his distri[UNK]ct, and that the Commissioners and their successors and also the Overseers so appointed shall respe[UNK]ctively before he enters on the duties required of him by this a[UNK]ct, take an oath before some Justice of the Peace of the County wherein he resides for the faithful discharge thereof. SEC. 4. And be it further ena[UNK]cted, That it shall be, and is hereby made the duty of the Inferior Courts of the respe[UNK]ctive Counties adjoining the said Rivers within the aforesaid limits in case any vacancy or vacancies shall happen of any Commssioner or Commssioners in any manner whatever to appoint a Commissioner or Commissioners to fill such vacancy or vacancies. SEC. 5. And be it further ena[UNK]cted, That the limits on the said Rivers for working thereon shall be in distr[UNK]cts, and the Commissioners thereto as follows, to [Illegible Text] John Miles Commissioner from Montpellier to the line dividing the Counties of Hancock and Washington, Francis Boykin from the said dividing line to the White Bluff, Reed Dupree from the White Bluff to the mouth of Buffalo Creek, Robert Glen from the mouth of Buffalo Creek to the mouth of Deep Creek, Elijah Blackshear from the mouth of Deep Creek to the line dividing the Counties of Washington and Montgomery, Samuel Harrison from the said dividing line to the Rock Spring, Peter Mercer from the Rock Spring to Berryhill's Bluff, James Blanchard from Berryhill's Bluff to Silver Bluff, Thomas Raines from Silver Bluff to Stallings's Bluff, George Wyche from Silver Bluff to Foard's Shoal, Short Long from Foard's Shoal to the jun[UNK]ction of the Oconee and Oakmulgee Rivers, [Illegible Text] Travies from the said jun[UNK]ction to Milligan's Bluff, John Swilly from Milligan's Bluff to the mouth of Ohoopie,
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Shadrach Stanley from the mouth of Ohoopie to Beard's Bluff, Martin Harden from Beard's Bluff to the lower end of [Illegible Text] Cut, Richard Bryant from the lower end of [Illegible Text] Cut to the mouth of Pinhallaway, John Johnson from the mouth of Pinhallaway to Darien. SEC. 6. And be it further ena[UNK]cted, That any person or persons who shall obstract the navigation of the said River by dams, shall forfeit and pay the sum of ten dollars per day for every day so stopped, or [Illegible Text] trees therein for every tree so [Illegible Text], the sum of five dollars, to be recovered before any Justice of the Peace of the County adjoining such obstru[UNK]ction to be entered up in separate judgments, the one half to be applied by the Commissioners to the use of clearing out the said Rivers, and the other half to the use of any informer who shall prosecute an a[UNK]ction thereon to effe[UNK]ct. SEC. 7. And be it further ena[UNK]cted, That an A[UNK]ct passed the 5th December one thousand eight hundred and one, for the improvement of the navigation of the Oconee and Alatamaha Rivers from Montpellier to Darien, be and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To [Illegible Text] a Tax for the support of Government, for the Year one thousand eight hundred and three. BE it ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That the Tax A[UNK]ct of eighteen hundred and two, shall be, and the same is hereby revived, re-ena[UNK]cted
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and continued as the Tax A[UNK]ct for the year eighteen hundred and three; with the exceptions following, that is to saythat the third se[UNK]ction thereof, which respe[UNK]cts a Tax on suits, shall only extend to suits where the debt or damages sued for exceed five hundred dollars, on which shall be colle[UNK]cted and received the sum of two dollars for the use of the state, to be taxed in the bill of costs, and paid by the Clerk into the Treasury when colle[UNK]cted:and that the fees of Receivers of Tax Returns, shall be the same as the fees of Tax Collectors as established by the afore-recited A[UNK]ct, any thing contained in the aforesaid Tax A[UNK]ct to the contrary notwithstanding; and except also, that all persons holding lands within the limits of this state, whose residence is wthout the same, shall either by themselves or agent, return all such lands and pay the taxes thereon in the Counties wherein they respe[UNK]ctively lie; any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To amend an a[UNK]ct, entitled, An a[UNK]ct to prevent [Illegible Text] on the River Savannah, and to remove such as now exist in the said River, or elsewhere, within the jurisdi[UNK]ction and limits of the City of Savannah. WHEREAS by the said a[UNK]ct, the Mayor and Aldermen of the City of Savannah, are [Illegible Text] with full power and authority, and have caused a survey of the [Illegible Text] lots in the said city to be made; And whereas it is represented, that by the line marked by the said survey, the heads of most of the [Illegible Text] lots would be
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more or less affe[UNK]cted, and that so general a removal of the heads of the said wharf lots would prove greatly injurious to the said River Savannah. SEC. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, n General Assembly met, and by the authority of the same, That Josiah Tattnall, jun. D. B. Mitchell, and the Harbour Master of the City of Savannah, be and they are hereby appointed commissioners, and are vested with full power and authority, and are hereby required, to extend the said line corresponding with the curve of the river, and so as to preserve the heads of the majority of the said wharf lots, and to present as uniform a front upon the river as may be, without injury to the navigation or channel of the said river. SEC. 2. And be it further ena[UNK]cted, That the line, when extended as aforesaid by the said commissioners, shall be held and considered, and is hereby declared to be the true line of the said wharf lots on the said river. SEC. 3. And be it further ena[UNK]cted, That any of the heads built on any of the said wharf lots, or any platform, building or other improvement whatsoever, which shall extend beyond the aforesaid line, shall be deemed and considered encroachments on the said river, and the owner or owners thereof, or his, her or their agent, or attorney, or the executor or admnistrators of such owner or owners, shall, within four months after the said line shall be ascertained and marked, and notice thereof given by the said commissioners, remove or cause to be removed within the said line, the part or parts of the said wharf head, platform, building, or other improvement as aforesaid. SEC. 4. And be it further ena[UNK]cted, That if any owner or owners of the said wharf lots, or his, her or their agent or attorney, or the executor or administrator of such owner or owners, shall negle[UNK]ct or resuse to remove or cause to be removed, the said encroachments, within the said term of four months, he, she or they so negle[UNK]cting or refusing, shall forfeit and pay for every foot such
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encroachments shall extend beyond the said line, five hundred dollars, to be recovered by a[UNK]ction of debt or indi[UNK]ctment, in any court having cognizance thereof, at the instance of the Mayor and Aldermen of the City of Savannah, for the time being, and applied by the commissioners of plotage to the deepening of the said River Savannah. And moreover, it shall and may be lawful for the said Mayor and Aldermen for the time being, and they are hereby authorised and required, to cause the said encroachments to be removed, and the costs and expences thereof, shall be a charge upon the said wharf lot, and may be recovered by distress and sale of the said wharf lot and improvements, notwithstanding the forfeiture hereinbefore expressed. SEC. 5. And be it further ena[UNK]cted, That so much of the aforesaid a[UNK]ct as is repugnant to this a[UNK]ct, be and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN [Illegible Text], Governor. Assented to December 1, 1802. AN ACT To add a part of Wilkes County to Greene, and a part of Greene to Clark, and to make permanent the Seat of the Public Buildings in the Counties of Greene and Clark. WHEREAS several citizens in the South Western Corner of Wilkes, have petitioned this Legislature, to be added to Greene. SECTION 1. Be it ena[UNK]cted 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 A[UNK]ct, all that part of Wilkes
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lying west of a line beginning where the present line between the two said Counties crosses the south fork of Little River, running thence a strait line to the Greene and Hancock Corner, on Ogechee River, be and the same are hereby added to the County of Greene. SEC. 2. And be it further ena[UNK]cted, That the County Surveyor of Greene, be and he is hereby required to run and plainly mark the line aforesaid, and he shall be and he is hereby allowed the sum of ten dollars, for the expence of chain bearers, choppers, c. to be paid by the Inferior Court of the County of Greene, out of the County funds. SEC. 3. And be it further ena[UNK]cted, That Greensborough, be and it is hereby established as the permanent Seat for the Public Buildings for the County of Greene. SEC. 4. And be it further ena[UNK]cted by the authority aforesaid, That all that part of Greene County, lying northwardly of a line to be drawn from the mouth of Falling Creek, at the corner of Oglethorpe on the Oconee River, a dire[UNK]ct line to the corner of Greene and Clark Counties, on the Appalachee River, be added to the County of Clark; and that the Seat of the Public Buildings in the said County of Clark, do remain permanent in the Town of Watkinsville; and that the said line shall be run by any lawful Surveyor at the expence of Clark County. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To authorise John Straham, Willis Speers, and Joseph Mock, Commissioners therein named, to open and keep open a Road back of the Big Bay in Effingham County.
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WHEREAS many of the inhabitants of Effingham County, labour under great disadvantages by having a large Bay Gall, or Swamp between them, and she road leading from Louisville to Savannah, and have petitioned this Legislature for redress. SEC. 1. Be it ena[UNK]cted by the Senate and House of Represeneatives of the state of Georgia, in General Assembly met, That John Straham, Willis Speers, and Joseph Mock, be and they are hereby appointed Commissioners of a Road by them to be laid out, beginning at the plantation formerly occupied by Mr. Moore Spier, deceased, and continue down back of the Big Bay, as straight as possible until the same interse[UNK]ct the Ogechee Road at Ford's. SEC. 2. And be it further ena[UNK]cted, That the inhabitants liable to work on Roads living back of the Big Bay, or nearest the sad new road, are hereby declared liable to work on said road, and no other; any law or regulation to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representaives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To amend an a[UNK]ct entitled, an a[UNK]ct to divde the County of Jackson, passed the 5th day of December, 1801. WHEREAS the above recited a[UNK]ct, does not embrace all the obje[UNK]cts for which it was contemplated. SECTION 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That the County Surveyor of
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the County of Jackson, be and he is hereby dire[UNK]cted to employ two chain bearers, and immediately proceed to admeasure the lines of said County, and ascertain the center thereof, and shall officially certify the same to the Commissioners of the Court House and Jail, who may be appointed by virtue of this a[UNK]ct, for which services compensation shall be made at the expence of said County by the Justices of the Inferior Court. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That the Justices of the Inferior Court be and they are hereby appointed Commissioners of the Court House and Jail in said County, and they or a majority of them, are vested with full power and authority to fix on the most convenient place within two miles of the center of the County as aforesaid, at which the Courts and Ele[UNK]ctions shall be held, as soon as suitable buildings are ere[UNK]cted thereat; and the said Commissioners or a majority of them are hereby authorised and empowered to contra[UNK]ct with fit and proper persons for the purpose of building a Court House and Jail in the County aforesaid, which after at least thirty days notice shall be let to the lowest bidder. SEC. 3. And be it further ena[UNK]cted by the authority aforesaid, That the Justices of the Inferior Court of said County, are hereby authorised and empowered to levy a tax, not exceeding one sixth of the general tax, on the inhabitants and taxable property within the same, for the purpose of ere[UNK]cting a Court House and Jail, and defraying the expence of the County Surveyor and chain bearers as aforesaid, which shall be done in such manner as in their judgment will be least burthensome to the people. SEC. 4. And be it further ena[UNK]cted by the authority aforesaid, That so much of the before recited a[UNK]ct, as mlitates against this a[UNK]ct, be and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802.
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AN ACT To appoint Commissioners for the better regulation and government of the Town of Petersburg. WHEREAS the Town of Petersburg requires regulation. SEC. 1. BE it therefore eua[UNK]cted 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 following persons to wit: Robert Thompson, Leroy Pope, Richard Easter, Samuel Watkins, and John Ragland, be and they are hereby appointed Commissioners of the Town of Petersburg, and that they, or a majority of them, shall, immediately after the passing of this a[UNK]ct, convene, and proceed to the appointment of a Clerk, and such other officers as they may deem necessary, to carry this a[UNK]ct into execution. SEC. 2. And be it further ena[UNK]cted, That the said Commissioners shall hold their respe[UNK]ctive appointments hereby given, until the first Monday in January 1804, at which time, and on every subsequent first Monday in January thereafter, the ctizens of Petersburg, entitled to vote for members of the General Assembly, shall choose by ballot, five persons to succeed them as Commissioners of said town, and they shall have, and they are hereby vested with full power and authority, to make such by-laws and regulations, and infli[UNK]ct or impose such pains, penalties and forfeitures, as in their judgment shall be conducive to the good order and government of the sad Town of Petersburg: Provided, that such by-laws and regulations, be not repugnant to the Laws and Constitution of this State, and that the pains, penalties and forefeitures aforesaid, shall not extend to life or member. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802.
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AN ACT To authorize [Illegible Text] [Illegible Text], junior, Nicholas Long, and Philip Clayton, late Commissioners of reverted confiscated property, to supply certain words omitted in the titles of the Reverend William M'Whir, a purchaser at the sales of the aforesaid property. WHEREAS it appears that the Reverend William M'Whir, did, at the sales of reverted confiscated property, on the 23d July 1794, become the purchaser of a tra[UNK]ct of land, which is described in the advertisement of the Commissioners, n the following words, to wit: That tra[UNK]ct of land containing 200 acres, bounded on the east by Salt Marsh, to the west on lands of Thomas Morris, to the north on lands of Jeremiah Dickinson, and the south on lands formerlyWestberry's, [Illegible Text] William Woodward's: And whereas, it further appears, that in filling up the titles to the said William M'Whir, the following words were omitted, to [Illegible Text]:To the west on lands of Thomas Morris, to the north on lands of Jeremiah Dickinson, and the south on lands formerlyWestberry's, now William Woodward's, whereby the title of the said William M'Whir, is rendered defe[UNK]ctive and wholly useless; for remedy whereof BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia iu General Assembly met, and it is hereby ena[UNK]cted by the authority of the same, That Josiah Tattnall, junior, Nicholas Long, and Philip Clayton, late Commissioners of reverted confiscated property, be and they are hereby authorised to supply the aforerecited omitted words, in the titles of the aforesaid William M'Whir, which shall be held and considered of the same force and validity, as if the said words had been therein originally inserted, any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802.
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AN ACT To authorise an Extra Session of the Superior Court of Chatham County. WHEREAS it has been represented, that in consequence of the long vacancy in the appointment of Judge of the Eastern Distri[UNK]ct, the suits and prosecutions have been so greatly accumulated in the County of Chatham, as to render an extra session of the Superior Court of said County, highly necessary and expedient. SEC. 1. Be it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby ena[UNK]cted by the authorty of the same, That the Judge of the Eastern Distri[UNK]ct shall hold, and he is hereby authorized to hold an Extra Session of the Superior Court of said County, to commence on the second Monday in January next. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That from and immediately after the passing of this a[UNK]ct, Juries shall be drawn and summoned to attend, and serve on trials at the said extra session, in the mode already pointed out by law. Provided nevertheless, that where Juries have been already drawn for the next regular term of said Superior Court, such Juries shall stand over, and be considered the legal Juries under and for the purposes of this A[UNK]ct; any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To Incorporate the Savannah House Carpenters. WHEREAS, George Robertson, George Henry, Asa Hoxey, Francis Roma, James Shaffer, William
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Mitchell, Thomas Ball, George Myers, Joseph Rahn, Frederick Bolinger, Philip Newton, Peter Wyly, William Mills, John Long, Christopher Hall, Robert Frazer, Edward Jones, L. de Young, John Readmole, John Brewer, John Street, Benjamn Collier, John Gable, William Burnside, John Peter Oates, John Bowles, Alexander Wilson, William Pearson, Thomas Jones, Thomas Hardy, John H. Shaw, Joseph Stilwell, John Hoxam, Nathaniel Lewis, William Mathews, John Reed, Samuel Baas, Joseph Shepherd, William Worrington, Isaac Tichenor, Goodlip Hover, William Spencer, and William Burke, have by their petition represented, that they are of that class of mechanics called House Carpenters, and being desirous of placing their craft upon a more respe[UNK]ctable and social footing than heretofore, so that the obje[UNK]cts thereof may be essentially benefitted and improved, have prayed the Legislature to grant them an a[UNK]ct of incorporation. SECTION 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georga, in General Assembly met, and by the authority thereof, That the several persons herein before named and mentioned, and others who may become members of the said class of mechanics called House Carpenters, respe[UNK]ctively, the officers and members thereof, and their successors, shall be and they are hereby declared to be a body corporate, in name and deed, by the style and denomination of The Savannah House-Carpenters, and by the said name and style shall have perpetual succession of officers and members, and a common seal to use, and shall have power and authority to make, alter, amend and change such by-laws, as may be agreed on by the members of the same. Provided, such by-laws be not repugnant to the laws and constitution of this state, or the United States. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That they shall have full power and authority under the said style and denomination, to sue and be sued, implead and be impleaded, answer and be answered
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unto in any Court of Law, or at any tribunal having jurisdi[UNK]ction thereof, and the rights and privileges of the said society, or corporate body, in any court of law, or at any tribunal whatever to defend; and shall be and are hereby declared to be vested with all the powers and advantages, privileges and emoluments of an association or society of people incorporated, for the purposes and intentions of their said association. SEC. 3. And be it further ena[UNK]cted, That this a[UNK]ct shall be, and is hereby declared to be a public a[UNK]ct, to all intents and purposes whatever. ABRAHAM JACKSON, [Illegible Text] of the House of [Illegible Text] DAVID EMANUEL, [Illegible Text] of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To secure unto Joseph Ray, the exclusive right and privilege to receive toll, at a bridge he has ere[UNK]cted over Little River. WHEREAS Joseph Ray, has represented by petition, that he has at great expence, ere[UNK]cted a bridge over Little River, on the Washington road; and in order that said bridge may be produ[UNK]ctive of more general utility, prays that he may be [Illegible Text] to receive toll at said bridge for a limited time. Wherefore BE it ena[UNK]cted 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 said Joseph Ray, his heirs and assigns, shall have the sole and exclusive right of receiving toll at said bridge, and the said Joseph Ray, his heirs and assigns, shall and may legally demand and
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receive, during a term of ten years, a toll in the following manner, that is to say:for every loaded waggon, and other four wheeled carriage, twenty-five cents; for every empty waggon, twelve and an half cents; for every loaded cart, or other two wheeled carriage, twelve and an half cents; for every empty cart, or dray, six and a quarter cents; for every man and horse, six and a quarter cents; for every foot passenger, fix and a quarter cents; for every rolling hogshead, twelve and an [Illegible Text] cents; for all black cattle per head, one cent; for all hogs, sheep and goats per head, one cent and no [Illegible Text] [Illegible Text] law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. [Illegible Text] to December 1, 1802. AN ACT To authorize Joseph Rice, to establish a Lottery. WHEREAS Joseph Rice, has by petition represented, that he has in his possession Plate, Jewellery, Watches, and other articles of a similar nature, of a great value, which he cannot sell or dispose of in the usual and regular course of his profession, as a watch-maker, and prays that he may be authorized to sell and dispose of the same by the Scheme of a Lottery. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That it shall and may be lawful for the said Joseph Rice, to establish a Lottery, from and immediately after the passing of this a[UNK]ct, to rase the sum of ten thousand dollars, [Illegible Text] such scheme and regulations, as he may deem necessary
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and proper, to carry into effe[UNK]ct the above recited obje[UNK]ct. SEC. 2. And be it further ena[UNK]cted, That so soon as the said Lottery shall have been completed, the said Joseph Rice shall pay into the Treasury of this State, the sum of two hundred dollars, which is equal to the rate of two per centum on the aforesaid sum of ten thousand dollars, the capital of fad Lottery. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To authorize the inhabitants of certain Wards, that now are, or may be laid off in Savannah, to vote for Aldermen. WHEREAS certain wards are laid off from the Commons appurtenant to the City of Savannah, the inhabitants whereof are not represented in the Council of the City of Savannah. SEC. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That it shall and may be lawful for the persons entitled to vote for Aldermen, and who reside in the present new wards of the city, to meet together, and on the first Monday in January next, at such place or places as the City Council shall dire[UNK]ct, and vote for Aldermen qualified to be ele[UNK]cted as follows: The two wards called Greene and Columbia, shall be united, and be entitled to one Alderman; the wards called Liberty and Elbert, shall be united, and entitled to one Alderman, to be ele[UNK]cted in
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manner and form as the other Aldermen for the said city are ele[UNK]cted, and to continue in office until the next General Ele[UNK]ction for Aldermen for the said city, and from thence be ele[UNK]cted annually, as is prescribed by the a[UNK]cts relative to the said city corporation. SEC. 2. And be it further ena[UNK]cted, That when the said wards called Greene, Columbia, Liberty and Elbert, or any other ward that now is, or shall hereafter be laid off by the City Council, from the lands appurtenant to the said city, shall have each twenty dwelling houses, or tenements, occupied, such wards shall be entitled to ele[UNK]ct an Alderman; and where any two wards have not more than twenty dwelling houses or tenements occupied, such two wards united, shall be entitled to ele[UNK]ct one Alderman, when the qualification aforesaid shall be duly [Illegible Text] by the City Council, at the General Ele[UNK]ction for Aldermen of the said city, as is prescribed by law. SEC. 3. And be it further ena[UNK]cted, That from and after the passing of this a[UNK]ct, if any person or persons entitled to vote at the ele[UNK]ctions for Aldermen of the said city, shall vote in any ward, other than that in which he or they may or shall reside, every person so offending, shall forfeit and pay to the corporation of the said city, the sum of thirty dollars, to be recovered in a justices court of said city, and every vote so given contrary to this a[UNK]ct, shall be void and of no effe[UNK]ct; and if such offender or offenders should have neither real or personal property, with which to satisfy the same, he or they may be committed to the common jail of the county for ten days. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802.
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AN ACT To carry into effe[UNK]ct the ninth se[UNK]ction of the third article of the constitution. WHEREAS marriage being among the most solemn and important contra[UNK]cts in society, has been regulated in all civilized nations by positve systems; And whereas, circumstances may require a dissolution of contra[UNK]cts founded on the most binding and sacred obligations which the human mind has been capable of divising, and such circumstances may combine to render necessary the dissolution of the contract of marriage, whch dissolution ought not to be dependent on private will, but should require Legslative interposition, inasmuch as the Republic is deeply interested in the private happiness of its citizens: And whereas, the Constitution of this State declares that Divorces shall not be granted by the Legislature until the parties shall have had a fair trial before the Superior Court, and [Illegible Text] verdi[UNK]ct shall have been obtained, authorising a Divorce upon legal principles; and in such cases, two thirds of each branch of the Legislature, may pass a[UNK]cts of Divorce accordingly. And doubts being entertained by the Judges of the Superior Courts of this state, with respe[UNK]ct to their powers of deciding upon applications for divorce, before the General Assembly have legislated upon the said se[UNK]ction of the third article of the constitution. For the purpose of obviating said doubts, and of carrying into effe[UNK]ct the said se[UNK]ction of the constitution, therefore SEC. 1. Be it ena[UNK]cted by the Senate and House of Representatives, in General Assembly met, and it is hereby ena[UNK]cted by the authorty of the same, That the [Illegible Text] recognized by this a[UNK]ct, shall be the total Divorce, that is to say, the Divorce, a vinculo matrmonii. SEC. 2. And be it further ena[UNK]cted, That the proceedings on Divorce shall be by petition to the Court, which petition shall plainly and fully state the cause or
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[Illegible Text] of the application for such Divorce; to which petition the Clerk shall annex a citation signed by such Clerk, and bearing teste in the name of the Judge having cognizance of the case, dire[UNK]cted to the Sheriff, citing or requiring the defendant to appear at the Court to which the same is made returnable, thirty days before the setting of the Court, by serving a copy of such Petition and ctation on the Defendant, or by leaving a copy at his or her most notorious place of abode. SEC. 3. And be it further ena[UNK]cted, That the following proceeding shall be observed by the Defendant, to wit: The Defendant shall appear at the Court to which the petition and citation are made returnable, and on or before the last day of the Court, shall make his or her answer or defensive allegation in writing, signed by the party making the same, or his or her attorney, which may extenuate, deny or contain as much matter, or as many circumstances in his or her defence, as the said Defendant may think necessary and proper therein. SEC. 4. And be it further ena[UNK]cted, That where the said Defendant shall fail to appear as aforesaid, the Court shall proceed to give judgment by default, which shall be enquired of as the law dire[UNK]cts, and has heretofore been the custom and pra[UNK]ctice of Courts as in cases of default. SEC. 5. And be it further ena[UNK]cted, That the verdi[UNK]ct of the Jury, which by the aforesaid se[UNK]ction of the constituton must in its nature be interlocutory, not definitive, shall be in the form and words following, to wit: We find, that sufficient proofs have been referred to our consideration to authorize a total Divorce, that is to say a Divorce a vinculo matrimonii, upon legal principles between the parties in this case: a certfied copy of which verdi[UNK]ct, signed by the Clerk of the Court at which the said verdi[UNK]ct shall have been obtained; together with the records appertaining to the same, shall be, and is hereby considered as a full compliance with the aforesaid se[UNK]ction of the third article of the constitution.
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SEC. 6. And be it further ena[UNK]cted by the authority aforesad, That when any person shall be out of the limits of this state, that has complaint alledged against them by virtue of this a[UNK]ct, the Judge presiding may make a rule of Court to compel their attendance or proceed to trial in case of default. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. IN THE HOUSE OF REPRESENTATIVES, Thursday, 18 th November, 1802. WHEREAS there is no law, order or resolution of the Legislature of this state, providing for the settlement of the accounts with the Justices of the Inferior Courts, of the receipts and expenditures of the county funds: And whereas, Grand Juries have frequently endeavoured to enquire into the same without success, their situation being too intricate, and many accounts of too long standing, to be properly investigated by them, particularly so, as witnesses are sometmes necessary to their elucidation. BE it therefore Resolved, That the Judges of the Superior Courts within their respe[UNK]ctive distri[UNK]cts, are hereby authorized and required, to appoint three commissioners in such counties of this state, as appears from the presentments of their Grand Juries, that the accounts have remained in an unsettled state, and the commissioners so appointed, are hereby authorised and required, to call for such documents or other testimony, as in their judgment will tend to explain and elucidate the subje[UNK]ct before them; and in case of any commissioner or commissioners so appointed refusing to a[UNK]ct, or vacancy happening from any cause, it shall be the duty of the judge
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to fill the same, and it shall be the duty of the said commissioners, to make a full and complete report of their proceedings, to the first Superior Court that may be holden within such county after their appointment, in order that the same may be laid before the Grand Jury, whose duty it shall be to examine the same, and express their decision thereon; and it is hereby made the duty of the Inferior Court of such county, to provide, out of the county funds, a reasonable compensation for the services of the commissioners as aforesaid. And whereas, the Clerks of the Inferior Courts have to attend all courts held by their justices for county purposes, and keep records of their proceedings, for which there is no compensation allowed by law. Be it therefore resolved, that the justices of the said courts, are hereby authorised and required, to take up their accounts annually, and allow them a reasonable compensation for all extra services by them performed in conformity to orders, and doing and performing the duties required of them, as are not heretofore provided for. And be it further resolved, That it shall hereafter be the duty of the Inferior Courts, to lay a statement of the receipts and expenditures of the county [Illegible Text] annually, before the Grand Jury of their county, and that this resolution be sent to Senate for their concurrence. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. Extra[UNK]ct from the Journal, Teste, HINES HOLT, Clerk. WILL. ROBERTSON, Secretary. EXECUTIVE DEPARTMENT, November 27, 1802. Presented and approved of, JOHN MILLEDGE, Governor. Teste, GEORGE R. CLAYTON, Secretary.