Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia MILLEDGEVILLE:: S. F. GRANTLAND, 18171100 English

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ACTS OF THE General Assembly OF THE STATE OF GEORGIA, PASSED AT MILLEDGEVILLE, At an Annual Session, IN NOVEMBER AND DECEMBER , 1817 . 18171100 18171200 PUBLISHED BY AUTHORITY. MILLEDGEVILLE: PRINTED BY S. F. GRANTLAND, STATE-PRINTERS. 1817.

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; PASSED IN NOVEMBER AND DECEMBER, 1817. AN ACT To authorise the Justices of the Inferior Court of Jackson county, to levy an extra tax, for the purpose of building a Jail in said county. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of January next, it shall and may be lawful for the Justices of the Inferior Court of Jackson county, or a majority of them, to levy an extra tax on the inhabitants of said county, which shall be sufficient to build a good and sufficient Jail in said county: Provided nevertheless, that they shall not be authorised to levy more than fifty per centum on the State tax in any one year. 2. And be it further enacted by the authority aforesaid, That when such tax shall, by the Inferior Court be assessed, that the Tax Collectors of said county, for the time being, shall, and they are hereby authorised and empowered, to collect the same: And the said Tax Collectors

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shall be bound in bonds and sufficient securities to the Inferior Court of said county, to collect and pay over to them, the amount so assessed and collected, to be by them appropriated in whatever way they may think best, in building a Jail in said county. And the Tax Collectors shall be entitled to two and a half per centum on the amount by them collected, for collecting and paying over the same. 3. And be it further enacted by the authority aforesaid, That all that part of the tax so collected, which may be collected of the citizens of said county, which may be joined to or added to any of the counties, formed out of the ceded Territory lately acquired from the Cherokee Indians, and which may be collected before the division of said county takes place, shall be by the Inferior court of said county, refunded to the new counties, to which the citizens from whom the same was collected shall be added; to be applied to the benefit of said new counties; Provided, such division takes place in three years from the passage of this act. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 27th November, 1817. AN ACT To [Illegible Text] and amend an act, entitled, an act to make permanent the site of the public buildings in the county of Twiggs, and for other purposes. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Commissioners of the Court House and Jail of said county of Twiggs, or a majority of them, shall, on the first Monday in January next, or within twenty days

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thereafter, meet at the town of Marion, in said county, and transfer all monies which have not heretofore been laid out for county purposes, together with all bonds, notes and other securities which may have been taken in consideration of the sale of Lets in the [Illegible Text] of Marion aforesaid, to the Justices of the Inferior Court of said county, under the penalty of five thousand dollars; which said penal sum, on the failure of the compliance of said Commissioners, or either of them, holding public money arising from the sale of said town Lots, as also, all bonds, notes and other securities, may be sued for and recovered in any court of justice in this state having cognizance thereof. 2. And be it further enacted, That the said Justices of the Inferior Court are hereby vested with the same power and authority that the said Commissioners have heretofore been possessed of, and liable to the same pains and penalties as regards the funds arising from the sale of the Lots c. in the said town of Marion. 3. And be it further enacted, That the said Justices of the Inferior Court, or a majority of them, after paying off the demands that are now due and owing by the [Illegible Text] commissioners for the building and completion of the Court House and Jail in said county, and for other necessary expences, are hereby authorised to appropriate the balance of the funds of said county, or any part thereof [Illegible Text], or which may have arisen, from the sale of said Lots, to the [Illegible Text] of the Marion Academy, for the use and benefit of said Academy, or make such other disposition thereof, as may by said Court be deemed most to the interest of the county. 4. And be it further enacted, That the said Justices of the Inferior Court and their [Illegible Text], or a majority of them, are hereby authorised to sell and [Illegible Text] of any Lot or Lots belonging to said town, [Illegible Text] already disposed of, under the same restrictions, and on such terms, as are pointed out in the act authorising said Commissioners to sell lots, of which this act is amendatory, and to appropriate the funds arising therefrom, as directed by the [Illegible Text] section of this act.

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5. And be it further enacted, That all laws and parts of laws that militate against this act, be, and the same are hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 27th November, 1817. AN ACT To alter and amend an act, entitled an act, to alter so much of an act, entitled an act, to regulate the General Elections in this State, and appoint the time of the meeting of the General Assembly, so far as the same requires all General Elections to be held at the place of holding the Superior Courts. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the election for Senator and Representatives in the State Legislature and Representatives to Congress, so far as relates to the county of Jackson, be on the day prescribed by the before recited act, and may be held in Jefferson and at each of the battalion muster grounds in said county. 2. And be it further enacted, That the Justices that superintend the elections aforesaid shall, and they are hereby authorised, on the day of election, to count out the ballots by them taken in, at the several election grounds, and make a fair statement of the polls, and one or more of the superintenders from each of the election grounds shall meet in Jefferson on the day thereafter, and compare and add the several returns together, and certify to his Excellency the Governor, the persons so elected, agreeable to the provisions of the before recited act. 3. And be it further enacted, That so much of the

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before recited act, as militates against this act, be and the same is hereby repealed. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 27th November, 1817. AN ACT To incorporate the town of Danielsville, in the county of Madison. BE enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That James Long, Willis Towns and Joseph Vincen, Esq'rs shall be Commissioners of said town, and that they and their successors in office, shall have full power and authority to pass all bye-laws and regulations which may be necessary for improving and repairing the public square, streets and springs of said town, and the promotion of public good; Provided, that such bye-laws and regulations shall not be repugnant to the Constitution and laws of this State, and that no penalty thereby imposed, shall extend to corporal punishment (except on slaves or persons of color)and provided also, that said Commissioners shall not impose any poll tax upon the citizens of said town, which shall exceed one dollar within the term of one year. 2. And be it further enacted, That the said Commissioners shall continue in office until the first Monday in January eighteen hundred and nineteen, on which day, and on the first Monday in every January thereafter, all the free male white citizens of said town, who shall be entitled to vote for members of the General Assembly, shall assemble at the court house of said county, and by hallot, elect three Commissioners, who shall continue in

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office for one year; and in case it should so happen, that such elections should not be held on the day required by this act, that the Commissioners then in office, shall continue until such election may take place; at which election any two Justices of the Peace for said county, not being candidates themselves, shall preside; Provided nevertheless, that the said Commissioners shall be re-eligible to said appointments. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 27th November, 1817. AN ACT To pardon Benjamin Paden. WHEREAS at a Superior Court, held in and for the county of Camden, for October term, in the year of our Lord eighteen hundred and seventeen, a certain Benjamin Paden, of the county aforesaid, was convicted of the crime of murder, and was sentenced by the court to be executed on Friday the 28th of the present month; but on the petition of sundry persons, principally inhabitants of Camden county, to this Legislature, added to the oppressive circumstances of the case, the committee appointed reported the following bill: BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from, and immediately after the passage of this act, the said Benjamin Paden, shall be, and he is hereby declared to be, fully and entirely pardoned, exonerated and discharged

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from the pains and penalties of his said conviction, as though he never had committed the offence. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th November, 1817. AN ACT To authorise the Justices of the Inferior Court of Glynn county, to levy an extra tax, for the purpose of rebuilding a Court-house and Jail in said county, and for other purposes; and to make permanent the scite for the same. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, that the Justices of the Inferior Court of said county, shall be fully authorised and required, to levy a tax on the citizens of Glynn county, not exceeding one fourth of their general tax. 2. And be it further enacted, That the said Justices shall appoint a fit and proper person to collect said tax; who shall receive two and a half per cent for collecting the same. 3. And be it further enacted, That the said Justices shall take a bond and sufficient security from him, the said collector, for the faithful performance of his duty as such; and that the said Justices shall have full power to contract for the building the said court-house and Jail in said county; which shall be rebuilt on the same ground in the town of Brunswick, that they originally stood. 4. And be it further enacted, That the Justices of the Inferior court of said county, shall have full power from year to year, to levy and continue the same proportion

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on the general tax, until the buildings shall be complete. 5. And be it further enacted, That the said Justices shall have full power to sue and be sued, and do all things necessary; to approve or disapprove, and to forward the building of the said court-house and jail in said county; and they are fully authorised to collect any monies that may be due in said county, that have been levied in said county, for the purpose of building the said court-house and jail, and appropriate the same. All laws and parts of laws molitating against the provisions of this act, be and the same are hereby repealed. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 27th November, 1817. AN ACT To authorise the Justices of the Inferior Court of Greene county, to levy an extra tax, for the purpose of building a Jail in said county. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the Justices of the Inferior Court of the county of Greene, or any three or more of them, are hereby authorised, and the same shall be lawful, to levy an extra tax on the inhabitants of said county; which in their opinion, may be necessary, for the building a Jail in said county, not exceeding the one half of the state tax now imposed. 2. And be it further enacted, That when said tax is imposed as above pointed out, the tax collector of said county, for the time being, shall, and he is hereby authorised and empowered, to collect the same; and the said collector shall be bound to the Inferior Court of said

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county, in a bond with ample security, for the collection and paying over the amount so collected to the Justices of the Inferior Court of said county, to be appropriated by them for the purpose of building a Jail in said county; and the said collector shall be allowed the usual per centum for collecting and paying over the same: Provided, neither of the Justices of said Inferior Court shall contract for themselves to build said Jail. BENJ. WILLIAMS, Speaker of the House of Representatives, MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 27th November, 1817. AN ACT To amend an act, entitled an act, to authorise Russel Goodrich, Nicholas Byers, David Russel, Arthur H. Hanley and John Lowry, to open a road from the head of boatable water on Tugalo river, the most direct route to fall into the road at Samuel Thompsons's on nine mile creek, in East Tennessee, and to incorporate them into a company by the name of the Unaca or Unacoi Turnpike company. WHEREAS the time given by the third section of said act, for the completing of said road was insufficient: BE it therefore enacted by the Senate and House of Representatives of the state of Georgia, That the said [Illegible Text] Turnpike company shall have, until the first day of November, eighteen hundred and eighteen, for the completing of said road. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 27th November, 1817.

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AN ACT To repeal the second section of an act, passed on the 12th of December, 1816, entitled, an act to amend an act, to incorporate a Bank, to be called the Bank of the State of Georgia, passed on the 16th of December, 1815. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the second section of the act passed on the 12th of December, 1816, entitled, an act to amend an act, to incorporate a Bank, to be called the Bank of the State of Georgia, passed on the sixteenth December, 1815, be and the same is hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 27th November, 1816. AN ACT For the benefit and relief of Josiah Stewart. BE it enacted by the Senats 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 Jackson county, be, and they are hereby authorised, if they see proper, to release Josiah Stewart from the payment of the judgment entered against him in the Superior Court of Jackson county, as security for the appearance of one John Langley, upon the payment of all costs. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 27th November, 1817.

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AN ACT For the relief of the Grand and Petit Jurors of Jefferson County. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior Court of the county of Jefferson, be, and they are hereby authorised and directed, to remit the fines imposed by the Court on the defaulting Grand and Petit Jurors of said county, in February Term, 1817. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 27th November, 1817. AN ACT To confirm the sales lately made by the Trustees of the Richmond Academy of a range of Lots, south of Walker street, in the city of Augusta, and to narrow and define the width of said Walker street, and to continue the said street eighty feet wide, and sell the remainder of the Lots on said street. WHEREAS the Trustees of the Richmond Academy were, by an act of the General Assembly of this state, passed on the 19th day of December, 1816, authorised to lay off a range of Lots of any size they might deem expedient, on the south side of Walker street, along the whole extent of said street, and the same to sell and convey under such terms as to them should seem most conducive to the welfare of said city, and the benefit of the said Richmond Academy; And Whereas the said Trustees, in laying off the said range of Lots, deemed it most conductive to the welfare of the said city and of the said Academy, to narrow Walker street to the width of eighty feet, and to include the surplus

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of said street in the Lots so by them laid off; and did on the 22d day of April last, expose a part of the said Lots so laid off, to public sale: And the said Trustees having petitioned the honorable the General Assembly to confirm the sales so by them made as aforesaid BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the sales of Lots south of, and including a part of Walker street in the city of Augusta, made by the Trustees of the Richmond Academy, on the 22d day of April, 1817, be and the same are hereby legalized and confirmed; and the said Trustees of the Richmond Academy, and their successors in office, are hereby authorised and empowered, to convey the said lots to the respective purchasers, in as full and ample a manner as if there had been no part of the said street included therein. 2. And be it further enacted by the authority aforesaid, That the width of Walker street, in the said city of Augusta, shall hereafter be only eighty feet, as lately altered and arranged by the Trustees of the Richmond Academyany law to the contrary notwithstanding. 3. And be it further enacted by the authority aforesaid, That the Trustees of the Richmond Academy, and their successors in office, be, and they hereby are authorised to lay off, sell and convey any other Lots south of Walker Street, upon a range with those heretofore sold, including a part of said street, so as to keep the same uniform, and of the width of eighty feet, as provided for in the second section of this act. 4. And be it further enacted by the authority aforesaid, That all acts and parts of acts, repugnant to this act, be, and the same are hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 9th December, 1817.

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AN ACT To authorise an extra session of the Superior Court in the counties of Wilkinson and Laurens. WHEREAS from indisposition of the family of the honorable Judge Strong, no Superior Court was holden in the said counties of Wilkinson and Laurens for October term last: BE it therefore enacted by the General Assembly of the State of Georgia, and by the authority of the same, That the Judge of the Superior Court for the Ocmulgee Circuit, is hereby authorised and required, to hold an extra session of the Superior Court in the said counties, to commence in Wilkinson on Wednesday the 7th day of January next, and in Laurens, on Monday the twelfth. 2. And be it further enacted, That all writs, precepts and process, of any kind or nature whatsoever, made returnable to the heretofore regular terms of said Courts, shall stand over and be deemed as valid to all intents and purposes, as if the same were made returnable to the times herein before specified. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 9th December, 1817. AN ACT To compel the Clerks of the Superior and Inferior courts for the county of Glynn, to keep their Offices within one mile of Brunswick. WHEREAS great inconvenience has, and hereafter might accrue, from the offices being kept several miles from the site of the public buildings: BE it enacted by the Senate and House of Representatives

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of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of February 1818, it shall be the duty of the Clerks of the Superior and Inferior Courts in the county of Glynn, to keep their Offices, Books and papers, that belong to the respective Offices in said Courts, at or within one mile of Brunswick, in said county. 2. And be it further enacted, That the said Clerks shall forfeit and pay the sum of Thirty dollars for each and every month, they, or either of them, shall fail to comply with the requisitions of this act;to be recovered in the Superior Court in said county, on motion of the Attorney or Solicitor General, by attachment, as for contempt of Court, and to be considered as a part of the county fundsany law to the contrary notwithstanding. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 10th December, 1817. AN ACT To repeal the seventh section of an act, passed the 12th day of December, 1815, and to regulate the road-fines and labor in the county of Glynn, so far as respects the Islands of St. Simons and Jekyll, and for other purposes. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, every free person or slave, subject to road duty upon the Islands of St. Simons and Jekyll, in the county of Glynn, shall be subject to perform road duty on the main, and in failing so to do, the said free person and owner or owners of such slaves,

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shall be subject to a fine of Fifty cents per day, for each defaulter; to be recovered as heretofore pointed out by law. 2. And be it further enacted, That so much of the before recited act, as is repugnant to the provisions of this, be, and the same is hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 10th December, 1817. AN ACT To alter and amend an act, entitled, an act to impose an additional tax on Pedlars and other itinerant traders, passed the 13th December, 1816. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall be the duty of every Pedlar or itinerant trader, who shall wish to vend any goods, wares, or merchandize in this State, to apply to the Clerk of the Inferior Court of each county in which he may be disposed to vend goods, and procure a license under the seal of the county Court, and such license shall entitle him or them to the privilege of vending any goods, wares or merchandize for the term of twelve months, within the limits of said county; and shall pay for every such license the sum of Twenty dollars in each county(one half for county purposes, the other half for the use of the State)the one half of which sum or sums when so collected, shall be paid over by the Clerk to the Treasurer of this state, within six months; they shall also

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pay to such Clerk the sum of Two dollars, for his own use Provided nevertheless, that there shall be one license for every waggon, [Illegible Text] or other vehicle, employed or used in vending such goods, wares or merchandize; which licence they shall be bound to shew to any Sheriff, deputy Sheriff, Justice of the Inferior court, Justice of the Peace, or Constable of this state, whenever demanded; and on failure or refusal thereof, shall forfeit and pay the sum of thirty dollarswhich fine shall be collected as all other fines or penalties are. 2 And be it further enacted, That on oath being made, before any Justice of the Inferior court, or Justice of the Peace, that a violation of this law has been committed, it shall be his duty to issue a warrant from under his hand, directed to any Sheriff, deputy Sheriff or Constable, commanding them, and each of them, to arrest the offender or offenders, and seize him or them and their property, and bring him or them and their property before any of the Justices of the Inferior court, or Justices of the Peace; and if on trial before any of them, it shall appear from the evidence, that the charge or charges are unfounded, he, she or they shall be discharged without cost; otherwise he, she or they shall be bound with one or more sufficient securities, in the sum of one hundred dollars, in a joint and several bond, for his, her or their appearance at the next Superior court to be held in the county where such offence may have been committedand on failing to give such security, shall be committed to jailat which court, the Attorney or Solicitor General shall perfer a bill of indictment against the party so offending, who shall, if convicted, be fined by the court in the sum of one hundred dollars for each and every violation of this law; and the party so offending, shall stand committed until such fine or fines be paid: Provided nevertheless, that this act shall not prevent the corporation of any town or village from exacting from such Pedlar or other itinerant trader, a sum not exceeding Five dollars per day; And provided, that nothing herein contained shall prevent any person from trading on the manufactures of this state. 3. And be it further enacted, That all acts and parts

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of acts that militate against this act, shall be and they are hereby repealed. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 10th December, 1817. AN ACT To establish the mode of supplying vacancies in the Board of Trustees of the University of Georgia, and to add two additional members to the Board of Trustees already appointed. WHEREAS by an act passed on the 16th day of December, 1811, entitled, an act to revise and amend an act, entitled, an act for the more full and complete establishment of a public seat of learning in this state, passed the 27th January, 1785, the power of supplying vacancies in the Board of Trustees of the University of Georgia, was transferred from said Board of Trustees, to the Legislature of this state; And whereas great inconvenience results from the present mode of filling such vacancies: BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that the Trustees of the said University of Georgia are authorised and empowered, to fill all such vacancy or vacancies, that may at present exist in said Board of Trustees, or that may hereafter exist or become vacant, by the appointment of such person or persons as the said board of Trustees may think proper; Provided, the said Board of Trustees, shall notify the Senatus Academicus at each annual meeting, of such appointment or appointments, so

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by them made: And provided also, that said Senatus Academicus shall approve the same. And whereas the Board of Trustees of the University, did at their last meeting, recommend the appointment of two additional members to said Board of Trustees: 2. Be it therefore further enacted, That Duncan G. Campbell and Edward Hardin, be, and they are hereby appointed Trustees of the University of Georgia, in addition to the number heretofore appointedany law to the contrary notwithstanding. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 10th December, 1817. AN ACT To alter and extend an act, entitled, an act to prevent Boat owners or Patroons from permitting boat hands, or other negroes, from trafficking in corn or other produce, or from carrying the same to market on board of the boats accustomed to navigate the river Savannah, between Augusta and Savannah. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That from and immediately after the passing of this act, that the before recited act, shall be held, deemed and considered in full force, from Augusta to the head navigation of Savanah and Broad rivers, and in all the rivers that now are, or hereafter may be, made navigable in this state. 2. And be it further enacted by the authority aforesaid, That if any owner or patroon of any Boat, accustomed to navigate between the head navigation of said Savannah and Broad rivers to Augusta, or in any other

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river that now is, or hereafter may be made navigable in this state, shall offend against the first section of the before recited act, shall be subject to all the pains and penalties contained in the second section of said act. 3. And be it further enacted, That all or any offence against this act, or the one to which it is amendatory, shall be tried and punished in any or either of the counties of this state, adjoining the water-course on which the offence was committed. 4. And be it further enacted, That the aforesaid act shall be held, deemed and considered as extending to all rivers that now are, or hereafter may be made navigable in this state. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 10th December, 1817. AN ACT To legalize and make valid certain acts of the Sheriff of Jasper county, and his deputies. WHEREAS it appears that the Bond given by the last Sheriff of Jasper county, and the oath administered to him when he was qualified into office, have never been recorded on the minutes of the court, as prescribed by law; for remedy whereof BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is enacted, That all the official acts of the late Sheriff and his deputies, of the county aforesaid, are hereby legalized and made as valid to all intents and purposes, as if the bond and oath aforesaid had been entered on the minutes of the Court, according

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to law, and that they now be entered on the minutes of the said Court. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 10th December, 1817. AN ACT Giving time to the securities of William Scott, Tax Collector for the county of Camden, to pay money due by them to the State. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That so much money as is now due by the securities of William Scott, Tax Collector of Camden county, for the years 1813 and 1814, be, and they are hereby allowed until the first Monday in January 1819, to pay the same into the Treasury of this Statethey paying legal interest to the State. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 10th December, 1817. AN ACT To authorise the Darien Volunteer Guards to muster in their city on all days appointed for Battalion or other musters, except those of General Inspection, when they shall appear at the general muster ground of M'Intosh county. BE it enacted by the Senate and House of Representatives

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of the State of Georgia in General Assembly met, and by the authority of the same it is hereby enacted, That from and after the passage of this act, the Darien Volunteer Guards may (by the commanding officer of the Battalion) be permitted to muster in the city of Darien, on all days appointed for Battalion or other musters, except those of general inspection, when said Darien Volunteer Guards shall appear at the general muster ground of M'Intosh county. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 10th December, 1817. AN ACT To quiet the claim of Christian David Lebey, to the estate of which John Anderson died seized or possessed. WHEREAS John Anderson, late of the city of Savannah, baker, died intestate, possessed of certain property in said city, and leaving no issue of his marriage with Mary Judith Lebey, mother of Christian David Lebey, and former relict of Andrew Lebey, late of Savannah, deceased. And whereas the said Christian David Lebey hath made it satisfactorily to appear, by indisputable vouchers, that said property originally came from his said father, the late Andrew Lebey, on whose estate the late Mary J. Lebey administered; and that the same was increased by the laborious, exertions and frugality of his said deceased mother; and that it was the intention of the said John Anderson to have made a competent provision for the support of Christian D. Lebey and his family, and there is every reason to believe, that his sudden death prevented the fulfilment of his said intention; And whereas the said John Anderson died a citizen of the United States, and that the whole estate of the said

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Andrew Lebey fell into his handsno part of which, the said Christian D. Lebey hath ever received: BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, all the estate and property, both real and personal, of which said John Anderson died seized or possessed, is hereby vested, so far as the State is, or may hereafter become interested, in the said Christian D. Lebey, for and during the term of his natural life; and after his death, to his children now lawfully begotten, and that hereafter may be begotten by said Christian D. Lebeysubject however, to the just debts of the John Anderson and the said Andrew Lebey, and of the expences incurred with the prosecution of the claim, stated in the petition of the said Christian D. Lebey. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 11th December, 1816. AN ACT To alter the time and establish the periods for holding the several Superior Courts of the Middle Circuit in this state. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of July next, the several superior courts of the Middle Circuit of this state, shall be holden at the periods herein stipulated. SPRING CIRCUIT. On the fourth Monday in February in the county of Columbia;

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On the second Monday in March in the county of Warren: On the third Monday in March in the county of Washington; On the fourth Monday of March in the county of Montgomery. On the Thursday thereafter in the county of Tatnall. On the Monday thereafter in the county of Emanuel. On the Monday thereafter in the county of Scriven. On the Monday thereafter in the county of Burke. On the Monday thereafter in the county of Jefferson. On the first Monday in June in the county of Richmond. AUTUMN CIRCUIT. On the first Monday in September in the county of Warren. On the second Monday in September in the county of Columbia. On the fourth Monday in September in the county of Jefferson. On the second Monday in October in the county of Washington. On the Monday thereafter in the county of Montgomery. On the Monday thereafter in the county of Tatnall. On the Monday thereafter in the county of Emanuel. On the Monday thereafter in the county of Scriven. On the Monday thereafter in the county of Burke. On the second Monday in January in the county of Richmond. 2. And be it further enacted by the authority aforesaid, That all acts and parts of acts militating against this act, be, and the same are hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 11th December, 1817.

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AN ACT To regulate the elections of the county of Glynnto be held at two several places in said county, and to impose a fine on any person who shall, on the same day, vote at more than one of said places. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the elections in the county of Glynn for Representatives to Congress, members of the Legislature, Justices of the Inferior court, Sheriff, Clerks of courts, Commissioners of Academies, Coroner, and all other county elections, shall be held on the days set a part for the same, at the two following places, viz;at the town of Brunswick, and at the muster ground of the 27th company district in said county, and shall be opened and conducted as accords with a law already providing for the same; and the place of the Sheriff or his deputy, may be supplied by a Constable. 2. Be it further enacted, That it shall be the duty of one or more of the magistrates presiding at each election, to meet at the court-house on the day succeeding, prior to the hour of 3 o'clock P. M. with the ballots taken in at the several elections, enclosed in a sealed box, and it shall be the duty of any three or more of said magistrates, when so assembled, to count out and compare said ballots, and proceed to make the disposition already required by law. 3. Be it further enacted, That if any person shall vote at more than one of said places on the same day, he shall forfeit for his misdemeanor, the sum of one hundred dollars, to be recovered by information in any court having jurisdiction of the same. 4. Be it further enacted, That two justices and two freeholders, or a majority of them, shall superintend said election: the justices, or one of them, shall administer the following oath to the two freeholders;I, A B do solemnly swear or affirm, that I will superintend said election,

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and make a just and true return of the same to the best of my knowledge and abilityso help me God. 5. Be it further enacted, That all law or laws militating against the above, be, and the same are hereby repealed. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 11th December, 1817. AN ACT To establish the fees for the Harbor Master and Health Officer for the port of Darien, and allow them the same fees as are allowed the Harbor Master and Health Ofcer for the ports of Savannah and St. Mary's. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the Harbor master and Health officer for the port of Darien, shall be allowed the same fees as are allowed by law to the Harbor master and Health officer for the ports of Savannah and St. Mary's, and to be collected in the same manner, to wit;four cents per ton on all foreign vessels, and two cents per ton on all American vessels, which shall arrive at the port of Darienwhich shall be in full for their fees. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 10th December, 1817.

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AN ACT To alter and amend the first section of the third article of the Constitution. WHEREAS the first section of the third article of the Constitution is in the following words:The Judicial powers of this state, shall be vested in a Superior, Inferior and Justices courts, and in such other courts as the Legislature shall from time to time ordain and establish. The Judges of the Superior courts shall be elected for the term of three yearsremovable by the Governor, on the address of two thirds of both branches of the General Assembly for that purpose, or by impeachment, and conviction thereon. The Superior courts shall have exclusive and final jurisdiction in all criminal cases (except as relates to people of color, and fines for neglect of duty, and for contempt of court, for violations against road laws, and for obstructing water courses, which shall be vested in such judicature or tribunal as shall be, or may have been, pointed out by law,) which shall be tried in the county where the crime was committed; and in all cases respecting titles to land, which shall be tried in the county where the land lies; and also concurrent jurisdiction in all other civil cases; and shall have power to correct errors in inferior judicatories by writ of certiorari, as well as errors in the Superior courts, and order new trials on proper and legal grounds Provided, that such new trials shall be determined, and such errors corrected in the Superior court of the county in which such action originated; and the said court shall have appellate jurisdiction in such other cases as are, or may be pointed out by law, which shall in no case tend to remove the cause from the county in which the action originated; and the Judges thereof, in all cases of application for new trials or correction of errors, shall enter their opinion on the minutes of the court. The Inferior courts shall also have concurrent jurisdiction in all civil cases, (except in cases respecting the titles to lands, which shall be tried in the county where the defendant resides; and in cases of joint obligors, or joint promisors, residing in different counties, the same may be brought in either county, and a copy of the petition

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and process served on the party residing out of the county in which the suit may be commenced, shall be deemed sufficient service, under such rules and regulations as the Legislature have, or may direct. The Superior and Inferior courts shall sit in each county twice in every year, at such stated times as have, or may be appointed by the Legislature: And whereas said section requires amendment; BE it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same, That the judicial powers of this state shall be vested in a Superior, Inferior, and Justices courts, and such other courts as the Legislature shall from time to time ordain and establish. The Judges of the Superior courts shall be elected for the term of three years, and shall continue in office until their successors shall be elected and qualifiedremovable by the Governor, on the address of two thirds of both branches of the General Assembly for that purpose, or by impeachment and conviction thereon. The Superior courts shall have exclusive and final jurisdiction in all criminal cases (except as relates to people of color and fines for neglect of duty, and for contempt of court, for violations against road laws, and for obstructing water courses, which shall be vested in such judicature or tribunal as shall be, or may have been pointed out by law; and except in all other minor offences committed by free white persons, and which do not subject the offender or offenders to loss of life, limb, or member, or to confinement in the Penitentiary; in all such cases, corporation courts, such as now exist, or may hereafter be constituted, in any incorporated city, being a seaport town and port of entry, may be vested with jurisdiction, under such rules and regulations as the Legislature may hereafter by law direct,)which shall be tried in the county where the crime was committed; and in all cases respecting titles to lands, which shall be tried in the county where the land lies; and also concurrent jurisdiction in all other civil cases, and shall have power to correct errors in Inferior judicatories

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by writ of certiorari, as well as errors in the Superior courts, and order new trials on proper and legal grounds Provided, that such new trials shall be determined, and such errors corrected in the Superior court of the county in which such action originated; and the said court shall have appellate jurisdiction in such other cases as are or may be pointed out by law, which shall in no case tend to move the cause from the county in which the action originated; and the judges thereof, in all cases of application for new trials or correction of errors, shall enter their opinion on the minutes of the court. The Inferior courts shall also have concurrent jurisdiction in all civil cases, except in cases respecting the titles to lands, which shall be tried in the county where the defendant resides; and in cases of joint obligors, or joint promisors residing in different counties, the same may be brought in either county, and a copy of the petition and process served on the party residing out of the county in which the suit may be commenced, shall be deemed sufficient service, under such rules and regulations as the Legislature have or may direct. The Superior and Inferior courts shall sit in each county twice in every year, at such stated times as have or may be appointed by the Legislature. 2. And be it further enacted, That so soon as this act shall have undergone the requisitions required by the Constitution, it shall become a part of the Constitution of this state. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 15th December, 1817. AN ACT For the incorporation of the Steam Boat Company of Georgia. WHEREAS by an act of the General Assembly of this

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state, passed on the 18th day of November, 1814, certain privileges were granted to Samuel Howard, of Savannah, and his associates: And whereas sundry persons have become the associates thus contemplated; to give complete effect to said act, and for other purposes: BE it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the following persons, vizAlbert Brux, William Cumming, John M'Kinne, Samuel Hale, Andrew Erwin, Henry Shultz, Benjamin Sims, Sheldon C. Dunning, William Scarbrough, Jonathan Meigs, John Guenin, Sam'l Howard, Robert Isaac, Abraham Twiggs, Augustin Slaughter, Oliver Sturges, William Hart, William Taylor, Charles Labuzan, Benjamin Burroughs, William Sims, Samuel P. P. Fay, Jared Groce, Elias Reid, Samuel Lark, Charles Howard, Bazil Lamar, Barna M'Kinne, Joseph Grant, James Erwin, James G. O. Wilkinson, Thomas Tallmage, Walter Crenshaw, Augustus Brux and David M'Kinney, and their successors and assigns, be, and they are hereby created and made a corporation and body politic, by the name and style of THE PRESIDENT, DIRECTORS AND COMPANY OF THE STEAM BOAT COMPANY OF GEORGIA; and by that name and style shall be, and are hereby made able and capable in law to have, purchase, receive, possess, enjoy and retain to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects of what kind, nature or quality soever, to an amount not exceeding the capital of said corporation at the time of holding such property, and the same to sell, grant, demise, alien or dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in courts of record or any place whatsoever; and also to make, have and use a common seal, and the same to break, alter and renew at their pleasure; and also to ordain, establish and put in execution such bye laws, ordinances and regulations as shall seem necessary and convenient for the government of said corporation: Provided nevertheless, that such bye laws, rules and regulations

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be not contrary to the constitution and laws of this state, or of the United States; and generally to do and execute all and singular such acts, matters and things, as to them may or shall appertain to do; subject nevertheless, to the rules and limitations hereinafter prescribed. 2. And be it further enacted by the authority aforesaid, That the capital stock of the above mentioned corporation, shall be two hundred thousand dollars, but may be increased to any sum not exceeding eight hundred thousand dollars, whenever it is deemed expedient by a majority of the stock-holders, holding two thirds of the existing stock. 3. And be it further enacted by the authority aforesaid, That to manage the affairs of said corporation, the stockholders shall annually, by a majority of votes, elect thirteen directors, who shall choose a president from their own body. All voting by the stockholders shall be according to the following scale, viz.one share shall give one vote, any number of shares from two to five, inclusive, shall give two votes, and every five shares above five, shall give one vote; but no share or shares shall confer the right of a vote or votes unless transfered to the holder on the books of the corporation, at least three months previously to the time of voting. 4. And be it further enacted by the authority aforesaid, That the above mentioned corporation shall possess for twenty years next following the date of this act, the exclusive privilege of navigating the rivers and other waters of this state, with boats or vessels propelled by steam, whether employed alone or for the purpose of warping, towing, or in any manner impelling other boats and vessels, rafts, floats or arks. And if any person or persons, other than said corporation, shall, during said term of twenty years, navigate, or cause to be navigated, any river or water of this state with a boat or boats, vessel or vessels propelled by steam, either employed alone or for the purpose of towing, warping or in any manner impelling other boat or boats, vessel or vessels, raft or rafts, float or floats, ark or arks, such person or persons so offending, shall forfeit every boat or vessel thus employed, steam

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boat or other, together with the machinery thereof, and shall also forfeit and pay for every such offence the sum of one thousand dollars; and said double forfeiture shall be recovered by the process of law in such cases, in any court having competent jurisdiction; and when recovered shall go in equal portions to the state and to the prosecutor. 5. And be it further enacted, by the authority aforesaid, That said corporation shall forfeit its right to the exclusive navigation, above mentioned, of each and every river, in which it shall not have at least one steam-boat in operation within seven years from the date of this act; And provided also, that even after the expiration of said seven years, said corporation shall forfeit its exclusive right, above mentioned, to the navigation of each and every river, on which for twelve months together it shall employ no steam-boat. 6. And be it further enacted, by the authority aforesaid, That the said corporation shall be liable for all losses caused by fire and steam, if occasioned by their own negligence or that of their agents or servants, but not otherwise: Provided, That the law governing Carriers, now in force, shall be in no wise innovated on by this section. 7. And be it further enacted, by the authority aforesaid, That the said corporation shall be authorised to insure all property shipped in their boats against risks for which they are not legally liable: and shall also be authorised to enjoy the exclusive use of its own wharf or wharves; but it shall not hold any other than may be necessary for the convenient transaction of its own business. 8. And be it further enacted, by the authority aforesaid, That this act shall continue in force for twenty years from its date: But nothing herein contained shall divest said corporation of any benefit which might be enjoyed by the said Samuel Howard under the act, entitled, an act to encourage an improved mode of transporting merchandize upon the waters of the state of Georgia, passed on the 18th day of November, 1814;on the contrary, the

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said corporation shall enjoy all rights, privileges and exemptions granted to said Samuel Howard by said act, in as full and complete a manner as if the same were granted directly to said Corporation, with power and capacity of suing and being sued under the said act in any court of law or equity: Provided nevertheless, That nothing herein contained shall be so construed as to authorise the aforesaid company to issue any bills, commonly called bank bills or bills of credit. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To establish certain Ferries therein mentioned. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is enacted, That from and after the passing of this act, Zachariah Bowman, be, and he is hereby authorised to establish a public ferry on Savannah river at his own landing in Elbert county, just above the mouth of Cold-water creek; and that Daniel Tucker, sen'r, be, and he is hereby authorised to establish and keep a public ferry on said river, in said county, from his own land to the land of John Speer on the opposite shore; and that the said ferries be under the same rules and regulations, and receive the same rates for ferriage that other ferries do that have been heretofore established on said Savannah river above Augusta. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817.

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AN ACT To increase the Fire Company of the City of Augusta. WHEREAS the rapid growth of the City of Augusta, and its increasing importance as a commercial city, to the agricultural interests of this flourishing state, require that further means should be provided to ensure its preservation against the ravages of fire, produced either by accident, or from the torch of the incendiary; and as the number of those who now compose the Fire Company of that city is too limited to constitute a force which may be safely relied upon in the event of fires, for its certain and speedy extinguishment; BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, The Fire Company of the city of Augusta shall be composed of sixty instead of thirty men, under the same rules, exemptions and restrictions as heretofore, any law to the contrary notwithstanding. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817. AN ACT To secure to John Butt, 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 Augusta and the Town of Milledgeville. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That John Butt, his heirs and assigns, shall have the sole

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and exclusive privilege of running a line of Stages for the conveyance of persons and their baggage, and for other purposes, between the City of Augusta and the town of Milledgeville in this state, by way of Warrenton, Powelton and Sparta, or such other route as the post-road from one place to the other may be established and laid out, for the term of ten years. 2. And be it further enacted, That if any person shall presume to run, within the said term of ten years, any stage-carriage or carriages, or any other carriage for the aforesaid purpose in any way for hire or fare, without the consent of the said John Butt or his legal representatives first had and obtained, such person or persons so offending shall forfeit and pay to the said John Butt or his legal representatives the sum of fifty dollars for every such offence so committed, to be recovered by an action or actions of debt before any court of competent jurisdiction: Provided, that the said John Butt, or his legal representatives, shall within the term of one year, from and after the passing of this act, put into operation the said line of stages, and continue the same, unavoidable accidents excepted, at least once in every week, between the places aforesaid, and to and for the term of ten years; Provided also, that the said John Butt shall be at liberty to discontinue their operation on any part of said route, at any time, by first giving two months notice. BENJAMIM WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To alter the time of holding the Superior and Inferior Courts in the county of Twiggs. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That

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from and after the passage of this act, the Superior Courts in the county of Twiggs shall be held on the first Monday in February and August in each year; and that the Inferior Courts in said county shall be held on the first Monday in May and November in each year; Provided nevertheless, That the Grand and Pettit Jurors that may be drawn at the next adjourned term of the said Superior court, be and they are hereby required to serve at the next August term of said court. 2. And be it further enacted, That suitors, Jurors or witnesses heretofore summoned or that may hereafter be summoned, cited or otherwise required, by the proper authority before the expiration of the time allowed to serve any precept or precepts, made returnable to said superior and inferior courts of the said county of Twiggs, shall be transmitted and turned over to the said superior and inferior courts, so to be held as aforesaid, to be acted upon in the same way and manner as if such suitors or witnesses or others concerned, had been cited or summoned thereto. 3. And be it further enacted, That all writs, process, precepts, c. which would have been returned to the regular term of said courts, shall be returned to the time to which the courts are directed to sit by law. 4. And be it further enacted, That all laws or parts of laws heretofore passed on this subject, militating against this act, be, and the same are hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817. AN ACT To amend the 3d section of an act, entitled, an act pointing out the duty of sheriffs in selling lands under execution, passed the 22d December, 1808. BE it enacted by the Senate and House of Representatives

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of the State of Georgia, in General Assembly met, That from and after the passing of this act, so much of the above recited act as requires the sheriffs of the different counties to advertise their sales in some public paper printed in their respective circuits, so far as respects the county of Jackson, be, and the same is hereby repealed. 2. And be it further enacted, That the sheriffs of Jackson and Clark counties, be, and they are hereby required to advertise their sales in one of the public papers in Milledgevilleany law to the contrary notwithstanding. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT Prescribing the oaths to be taken by Juries in certain trials under the several acts to regulate escheats, and to authorise the Judges of the Superior courts to adopt the necessary forms of process and other proceedings to carry the said acts into effect. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the oath to be taken by the jury upon an inquest of office, touching escheated property, such as is described in the second section of an act, entitled, an act to regulate escheats in this state, and to appoint escheators, passed the fifth day of December, one thousand eight hundred and one, shall be as follows:You shall true inquest make, touching the escheat of such property as may be given you in charge, and a true verdict give according to evidence.So help you God. 2. And be it further enacted by the authority aforesaid, That when any property returned by the escheator is claimed by any person or persons, pursuant to the third

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section of the above recited act, and an issue is made up thereon, the oath to be administered to the jury upon the trial of such issue shall be as follows:You shall well and truly try this issue of escheat between the state of Georgia and [here insert the name of the claimant or claimants] and a true verdict give according to evidence.So help you God. 3. And be it further enacted, That the judges of the Superior courts in the several circuits of this state are hereby authorised and required, to devise and adopt the several forms of process and other proceedings which may be necessary and proper to carry into effect the above recited act, and all the several acts or parts of acts amendatory or supplementary thereto. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President [Illegible Text] the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To authorise the Inferior courts of Baldwin, Hancock, Wilkes, Clark and Putnam counties, to levy an extra tax for the purpose of building bridges, and other county purposes. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the Justices of the Inferior courts of Baldwin, Hancock, Wilkes, Clark and Putnam counties, or any three or more of them respectively, are hereby authorised to levy an extra tax on the inhabitants of said counties, not exceeding one half of the state tax, as charged in the receivers books: And the said Justices of said Inferior courts respectively, shall be authorised to collect the same, and the same when collected, they shall apply to the building

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of bridges in said counties respectively, and for other county purposes. 2. And be it further enacted, That the tax collectors of said counties of Baldwin, Hancock, Wilkes, Clark and Putnam respectively, shall so soon as the Justices of the Inferior courts of said counties shall so direct them, give bond and security respectively to said Justices for collecting the same, and shall immediately proceed thereto, and the same when so collected shall pay over to the said Justices of the Inferior courts of said counties respectively, and the said tax collectors shall be allowed the usual commissions and fees for collecting said tax. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817. AN ACT To authorise the Trustees of the Meson Academy in the county of Oglethorpe to fill such vacancies as may hereafter occur in said board of trustees. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the trustees of the Meson Academy in the county of Oglethorpe shall be authorised to fill such vacancy or vacancies, that may hereafter occur in said board of trustees, by the appointment of such person or persons as they may think properany law to the contrary notwithstanding. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817.

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AN ACT To authorise the Trustees of the University of Georgia to execute a deed to Henry Hardy of the county of Franklin, to certain lands, on conditions therein specified. WHEREAS it hath been represented to this Legislature on the memorial of Henry Hardy, that he was the security of one William A. Blackburn to the said trustees of the University of Georgia, for the sum of one hundred and forty-one dollars, for fractions of land numbers 1, 12 and 13 in the Shoal Creek Tract, which money is yet due and unpaid, and that the said William A. Blackburn transferred to said Henry Hardy the original deed to himself, with permission and directions, that the said Henry Hardy should give up said original deed to said trustees, pay the purchase money and receive a title to himself therefor, and that said Blackburn has left the country, and the said Henry Hardy having prayed this Legislature to authorise the trustees to act in the premises: BE it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same, That immediately after the passing of this act, the Trustees of the University of Georgia be, and they are hereby authorised and required, to receive of Henry Hardy, or his heirs, on the same being tendered, the original deed of conveyance made by them to one William A. Blackburn, for fractions of land numbers one, twelve and thirteen, in the Shoal Creek Tract formerly belonging to the said University, and execute to the said Henry Hardy a title for the same, on his the said Henry Hardy's paying up the whole of the purchase money, with the interest which may have accrued thereon, if any. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817.

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AN ACT To amend an act, passed on the 31st January, 1798, for the regulation of the town of Louisville, in the county of Jefferson. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, Michael Shelman, Thomas Hancock, William N. Harmon, William Schley and Ambrose Wright, be and they are hereby appointed Commissioners of the town of Louisville in the county of Jefferson. 2. And be it further enacted, That the said commissioners, or a majority of them, be, and they are hereby vested with full power and authority, to make such byelaws, rules and regulations, and to [Illegible Text] or impose, such fines and penalties, as to them shall seem right for the better regulation of the town aforesaid, and the commons thereof Provided, such bye laws and regulations be not repugnant to the laws and constitution of this state. 3. And be it further enacted, That the said commissioners shall continue in office until the second Monday in January, eighteen hundred and nineteen, on which day, and on the second Monday in every year thereafter, the free male white citizens of said town, who are entitled to vote for members of the General Assembly, are hereby authorised to assemble at the court-house of said town, and by ballot, elect other commissioners, who shall continue in office for one year, at which election one Justice of the Inferior court or Justice of the Peace, and two free-holders of said county shall preside Provided nevertheless, that said commissioners shall be re-eligible to said appointments. 4. And be it further enacted, That all acts militating against this act, be, and the same are hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817.

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AN ACT To vest in Jane Hillis and her heirs, certain property therein mentioned. WHEREAS it has been represented to the Legislature that Andrew Graves, a native of Ireland, did depart this life intestate, and without heirs in America And whereas it appears to have been the intention of said Andrew, to bequeath what property he possessed to Jane Hillis, of Burke county, and her heirs, but was prevented by the severity of disease and sudden death, from so doing: BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the property which did belong to the said Andrew Graves at the time of his death, be, and the same is hereby vested in Jane Hillis and her heirs Provided, that nothing in this act shall be so construed as to prevent the recovery of any just demand which may be brought against the estate of said Graves And provided also, that nothing herein enacted, shall be construed so as to bar the right of any lawful heir, if such should hereafter claim said estate. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To alter and amend an act, entitled, an act for the better regulation of the town of Monticello, in the county of Jasper. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the commissioners of the town of Monticello shall have

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power and authority to pass such bye laws and regulations as they may deem necessary, for imposing and collecting a poll tax upon the citizens of said town Provided, that such poll shall not exceed one dollar on each and every person liable by law to pay a poll tax:And also, the sum of twelve and one half cents on every hundred dollars worth of property, subject to taxation by the tax-law of this state, for the term of one year. 2. And be it further enacted, That the said commissioners shall have power to pass such laws as they may deem necessary to require and direct the citizens of said town to make a return upon oath, to such officer as may be by them appointed, to receive the amount of taxable property by each of them owned or held in said town; and in case any citizen shall refuse to make such return when called on for that purpose, by the proper officer, then, and in that case, such defaulter shall be liable to pay such tax as may be assessed by said commissioners, from the best source of information they can obtain, with an addition of fifty per cent. on the amount of such tax, for such default or refusal. 3. And be it further enacted, That the said commissioners shall have full power and authority to impose a tax on all shows, exhibitions and show men, performing in said town for the purpose of gain Provided, that such tax so imposed, shall not exceed the sum of ten dollars on each day's exhibition or performance. 4. And be it further enacted, That the said commissioners shall have full power and authority to appoint from among the persons residing within said corporation, a patrole or patroles for said corporation, at such times and on such occasions as they may deem proper Provided, that one person at least, composing such patrole or patroles, shall be a slave holder, and that no punishment inflicted by such patrole or patroles, on any slave or slaves, shall exceed moderate correction Provided also, that all and every person or persons who shall refuse to do patrole duty when required as aforesaid, shall, without good excuse, to be rendered to said commissioners, be fined in any sum not exceeding five dollars; and the said

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delinquent shall have five days notice in writing of the time and place of hearing said excuse. 5. And be it further enacted, That no penalty by the bye-laws and regulations of said town shall extend to life, limb, or corporal punishment of any white person, and that no slave shall receive more than thirty lashes for the single violation of any bye-law or regulation of said town. 6. And be it further enacted, That where any tax has been assessed, or fine imposed, in conformity with this act, and the person or persons against whom the same is assessed or imposed, refuses or neglects to pay the same, and when property cannot be found by the proper officer to make the amount of said tax or fine, then, and in that case, the said commissioners shall have power to order a capias ad satisfaciendum to issue against such person or persons, and imprison them in the common jail of said county until the same is paid, or until the person or persons so confined shall make oath before some one of the said commissioners, that they are unable to satisfy and pay the same. 7. And be it further enacted, That the said commissioners shall have power and authority to appoint such officers as they may deem necessary, to enforce and execute such bye-laws and regulations as they may from time to time ordain and establish, and to collect all taxes or fines that may be in any case assessed or imposed, in such way and manner as the said commissioners may direct. 8. And be it further enacted, That the said commissioners are hereby authorised to appropriate all monies arising from taxation and fines imposed, assessed and collected by virtue of any bye-laws or regulations adopted in pursuance of the authority given in this act, after defraying necessary expences, to the improvement of the public springs, wells, square and streets of said town, and to the preservation of the houses in said town from fire, in such manner as they may deem most conducive to the interest and safety of the citizens of said town. 9. And be it further enacted, That the powers vested by this act in the commissioners of said town, shall extend to their successors in office, and a majority of them

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shall at any time be as fully authorised to act as a board, as if the whole of the members were present; and when any vacancy shall take place in the board by reason of the removal, resignation, or death of any of the [Illegible Text] that it shall and may be lawful for the majority of the board to advertise at the court house door an election to fill such vacancy, giving at least ten days notice in said advertisement when such election shall be held. 10. And be it further enacted, that the commissioners of said town shall, before they enter upon the duties of their office, take and subscribe an oath, well and truly to perform the duties of commissioners for said town, and shall have power to administer such oaths as may be necessary to a proper execution of their duties as commissioners aforesaid. 11. And be it further enacted, That the time for holding an election for commissioners of said town shall be on the last Saturday in December annually, and all the citizens of said town that are entitled to vote for members of the state legislature, shall be allowed to vote at said election; and in case any circumstance should at any time occur, whereby the said commissioners should not be elected on the day pointed out by this act, then and in that case it shall and may be lawful, for the commissioners of the preceding year to advertise at the courthouse door when said election shall be held, giving thereby at least ten days notice; and the commissioners so elected shall be deemed and considered as lawfully such, as if they had been elected on the day pointed out by this act. 12. And be it further enacted, That no person but such as are free-holders shall be eligible to hold or receive the appointment of a commissioner of said townAnd all laws or parts of laws militating against this act be and the same are hereby repealed. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817.

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AN ACT To raise a Tax for the support of Government for the political year 1818. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the act passed the tenth day of December, eighteen hundred and sixteen, entitled, An act to raise a Tax for the support of Government for the political year eighteen hundred and seventeen, together with all acts and parts of acts which the said act revives, except so much of an act passed the 16th of December, eighteen hundred and fifteen, as requires an additional tax of fifty per centum on the amount of the state tax, be and the same is hereby continued in force for and during the political year eighteen hundred and eighteen: Provided always, That nothing herein contained shall be so construed as to prevent the collection of the fifty per cent. on the state tax, commonly called the direct tax, which may be now due and owing from any county or individual in this state, but the collectors shall proceed to collect the same in the manner heretofore prescribed. 2. And be it further enacted, That there shall be annually paid to the state a tax of thirty-one and a quarter cents on every hundred dollars value of Bank Stock operated upon or employed within this state, which tax shall be assessed and collected in the manner following, viz.It shall be the duty of the President and Directors of every Bank incorporated by the Legislature of this state, to cause the Cashier thereof to transmit to the Treasurer of the State annually, a return sworn to by him before some justice of the Inferior court or of the Peace, in which shall be stated the amount of the capital stock actually paid in on the first day of January preceding the time of making such return, and on or before the first day of December in each year, cause to be paid into the Treasury, free of any cost or deduction whatever, the said sum of thirty one and a quarter cents on every hundred dollars of capital stock returned in manner aforesaid; and it shall

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be the duty of the President and Directors, managers or proprietors of every other Bank, Office of Discount and Deposit, or Office of Discount only, now in operation, or which may be established or go into operation, within this state, to cause the Cashier thereof to transmit annually to the Treasurer of this state, a return sworn to by him in the manner above pointed out, in which shall be stated the amount of capital stock actually employed or operated upon by such Bank, Office of Discount and Deposit, or Office of Discount only, on the first day of January preceding the time of making such return, and on or before the first day of December in each year, cause to be paid into the Treasury, free of any cost or deduction whatever, the said sum of thirty one and a quarter cents on every hundred dollars of capital stock, returned in manner aforesaid. And on neglect or refusal of any Bank, Office of Discount and Deposit, or Office of Discount only, except the Offices of the Bank of the State of Georgia, (a return of the capital stock of which, shall be made in manner aforesaid by the principal Cashier of said Bank) to make return or to pay the tax in the manner herein pointed out, it shall be lawful for the Treasurer of the state, and it is hereby made his duty, immediately after the first day of December in each year, to issue his execution against the President and Directors, managers or proprietors of any Bank, Office of Discount and Deposit, or Office of Discount only, so neglecting or refusing to make return or pay the tax aforesaid, which execution shall be directed to the sheriff of the county in which such defaulting Bank, Office of Discount and Deposit or Office of Discount only, shall be; and shall be issued for an amount equal to thirty one and a quarter cents on every hundred dollars of the capital stock actually subscribed for in the Bank of the State of Georgia. And if any sheriff, to whom any execution issued by virtue of the provisions of this act, may be directed, cannot find property whereon to levy belonging to the Bank, Office of Discount and Deposit, or office of Discount only, against the President and Directors, managers or proprietors of which such execution may have issued, it shall be lawful for

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such sheriff, and it is hereby made his duty, to levy the same on the individual property of all or any of the Directors, managers or proprietors, against whom such execution may be; and to sell such property, or so much thereof as will satisfy such execution, and pay all cost that may be incurred in consequence thereof. 3. And be it further enacted, That if any sheriff to whom any execution, issued as herein required, may be directed, shall fail to collect the same by the time therein specified, and pay the amount thereof into the treasury, or deposit the same in such bank as the treasurer may direct, subject to the order of said treasurer, it shall be lawful for, and it is hereby made the duty, of any judge of the Superior Courts of this state, to whom the treasurer shall make written application for that purpose during the recess of the courts, to cause such measures to be taken, to compel an immediate payment by such sheriff of the amount of such execution, and such other proceedings to be had thereon, as would be authorized if a rule were obtained against such sheriff in term time. 4. And be it further enacted, That so much of this act as relates to the levying and collecting a tax on Bank Stock, shall continue in force until the same shall be altered or repealed by law. 5. And be it further enacted, That all and every person or persons or companies of individuals, not having a charter for the purpose from this state, who have or may hereafter issue any engraved due-bill, check, note or bill of exchange, intended to represent a bank-note, shall keep a fair account of the amount issued or put into circulation by him, her or them, and make due return thereof on oath to the Receiver of Tax Returns of the respective counties in which such issuer or signer may reside, at such time as is required by law for making returns of the taxable property, of the amount in circulation at the time of making such return, and shall pay to the Tax Collector of the county two and a half per centum on the amount then in circulation. 6. And be it further enacted, That where either or any of the signers shall reside in this state, it shall be his, her

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or their duty to make such return, though the bills may purport to be issued or put into circulation or dated out of this state, and the fact or residence in this state of any of the signers or issuers, shall be conclusive evidence that the same were issued or put into circulation in this state; and if the return should not be made in manner aforesaid by some one of the signers or issuers, the return of each, so far as [Illegible Text] relates to such notes, shall be deemed fraudulent, and they shall be liable to all the penalties prescribed by the law of this state, against those who make false returns; and shall in case such return is not made, pay the penalty of six thousand dollars, to be collected by execution as in other cases: Provided always, That the return of any one of the signers or issuers, and the payment of the tax, shall be deemed sufficient. 7. And be it further enacted, by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To amend an act, entitled, an act for the better regulation and government of the town of Powelton, in Hancock county, passed the 13th day of December, 1816. WHEREAS it has been found by experience, that considerable difficulties have already been encountered by the commissioners of Powelton, in their corporate capacity, because the limits of said village were not defined by the act to which this is intended as an amendmentfor remedy whereof: BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That the commissioners

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of said town shall have power to lay out and define the limits of the same, and cause an accurate survey to be made, so as to include such houses and lots as they may deem necessary and proper; and a fair and correct copy of the plan of the said town shall be kept by the commissioners, for the inspection of all persons who may be concerned therein. And the commissioners of said town, shall have power to enforce all such rules and regulations within the same, as are set forth in the above recited actany law to the contrary notwithstanding. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To authorise the Inferior court of Twiggs county to transcribe the records of the court of Ordinary of said county into a bound book or books, and to confirm the same in courts of record. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Inferior court of the county of Twiggs or a majority of them, be, and they are hereby authorised and empowered, to cause to be fairly transcribed into a bound book or books, the whole or any part of the records of the said court of Ordinary. 2. And be it further enacted, That it shall be the duty of the officers of said court of Ordinary, or any person having charge of any of the records of said court of Ordinary, and the said Inferior court, or a majority of them, are hereby required to appoint a fit and proper person to transcribe the records aforesaid, and take bond with good and sufficient security, for the faithful execution of the duties aforesaid, who shall also take and subscribe an oath to that effect.

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3. And be it further enacted, That after the manuscript copy shall be finished, the said Inferior court shall appoint two fit and proper persons to compare and correct the said manuscript copy, and when corrected as aforesaid, the copy and original shall be received by the said Inferior court and deposited in the office of the Clerk of the court of Ordinary. 4. And be it further enacted, That the said duplicate records shall be considered by the officers of the said court of Ordinary as original records, and shall be received as such in all or any court of record; nor shall they or any of them, be barred in evidence by the courts of record throughout this stateany thing to the contrary notwithstanding. 5. And be it further enacted, That the said Inferior court are hereby authorised to pay out of the funds of said county, a reasonable sum for the transcribing and other expences of the said records. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817. AN ACT To alter and amend an act, authorising James Rousseau to build a bridge across the Oconee river, at or near his ferry. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, the said James Rousseau, his heirs or assigns, is hereby authorised to erect a Toll Bridge across the Oconee river at or near his ferry, for and during the term of twenty-one years after the same shall be completed.

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2. And be it further enacted, That the commissioners of the town of Milledgeville lay out and apportion to James Rousseau, his heirs or assigns, so much of the town common as may be necessary for the building of said Bridge. 3. And be it further enacted, by the authority aforesaid, That the said James Rousseau, his heirs or assigns, shall have the exclusive privilege of building the aforesaid Bridge on the town common of Milledgeville Provided, the said Bridge is built within three years from the passage of this act. 4. And be it further enacted, That nothing in this act shall be so construed as to authorise the said James Rousseau to construct a Bridge so as to impede the navigation of said river. 5. And be it further enacted, by the authority aforesaid, That all laws and parts of laws militating against this law, the same is hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To authorise the Justices of the Inferior court of Baldwin county, to select fit and proper persons to serve as Grand and Petit jurors. WHEREAS the jury box of said county has been accidently broken open, and the tickets all destroyedand for remedy whereof BE it enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That it shall be the duty of the Justices of the Inferior court of Baldwin county, together with the Sheriff and Clerk of the Superior court, or a majority of them, to convene at the courthouse in said county, at any time

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they may appoint, whose duty it shall be to select from the books of the receiver of tax returns, fit and proper persons to serve as Grand Jurors, and correct the Petit Juror list, under the same rules and regulations as directed by a law passed the 7th December, 1805. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To apportion the Representatives among the several counties in this state, according the fourth enumeration, in conformity to the seventh section of the first article of the Constitution. WHEREAS the seventh section of the first article of the Constitution directs, that the House of Representatives shall be composed of members from all the counties, according to their respective numbers of free white persons, including three-fifths of all the people of color; in order therefore, to apportion the Representatives of each county respectively, according to the said fourth enumeration or census BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That in future, the representation of the respective counties shall be apportioned in the following manner, to wit:The county of Baldwin two; Burke three; Bryan one; Bullock one; Columbia three; Camden two; Clark three; Chatham three; Effingham one; Emanuel one; Elbert three; Greene three; Glynn one; Hancock three; Jackson three; Jasper four; Jones four; Jefferson two; Laurens two; Lincoln two; Liberty two; Morgan four; Madison two; Montgomery one; M'Intosh

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two; Franklin three; Oglethorpe three; Pulaski two; Putnam four; Richmond three; Scriven two; Twiggs three; Wilkinson two; Warren three; Wilkes four; Washington three; Tatnall one; Telfair one, and Wayne one. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To allow Clerks to appoint Deputies. WHEREAS considerable inconvenience arises to the good citizens of this state, in consequence of the non-appointment of deputies by the Clerks of the Superior, Inferior and Corporation Courts, and the Courts of Ordinary of this statefor remedy whereof; BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That immediately from and after the passing of this act, the said Clerks shall be allowed to appoint a deputy or deputies, in the same manner and under the same rules and regulations, as deputies of Sheriffs are now by law appointed, who may continue in office during the term of his or their said principal or principals, unless specially removed; Provided always, That in case of the death, resignation or disability of the said principal Clerk or Clerks, the power and authority of the said deputy or deputies shall cease and determineAnd that the said several principal Clerks shall, in all cases, be responsible for the acts of each and every of their said deputies and agents. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817.

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AN ACT To amend an act, to organize the counties lying between the rivers Oconee and Ocmulgee, and to form a Judicial Circuit, so far as respects the time of holding the Inferior Court in Wilkinson county. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the time for holding the Inferior Court in the county of Wilkinson shall be on the Tuesday after the first Monday in January and July in each year, any law to the contrary notwithstanding. 2. And be it further enacted, That all process issuing from said Court shall be made returnable at the aforesaid time or times of holding the same; and all jurors and witnesses summoned to attend said Court, are hereby required to give their attendance at the courthouse in said county, at the times herein pointed out for holding the same. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To amend an act of eighteen hundred and twelve, to incorporate the town of Sandersville in the county of Washington, and to vest certain powers in the Commissioners thereof. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Morgan Brown, Victory S. Townsley, George Kelley, William Rutherford and Shadrack Perry be Commissioners of said town, who shall have power to appoint one

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Intendant, and that Intendant and two Commissioners shall constitute a Board, and they and their successors in office shall have full power and authority to pass all bye-laws and regulations which may be necessary for the improvement and repairing of the streets of said town, and the preservation of the public good; Provided nevertheless, that such bye-laws and regulations shall not be repugnant to the constitution and laws of this state and that of the United States, and that no penalty thereby imposed shall extend to corporal punishment, except to people of color; And provided also, That the said Commissioners shall not impose any tax upon the citizens of said town which shall exceed one dollar on each poll, within the term of one year. 2. And be it further enacted, That the said commissioners shall continue in office until the first Saturday in May next, and on the first Saturday in May in every year thereafter, on which day all free male citizens of said town, and who are entitled to vote for members of the General Assembly, shall assemble at the courthouse in said town, and by ballot elect other Commissioners, who shall continue in office for one year; at which election two justices of the Peace of said county, not being candidates, shall preside: Provided nevertheless, That said Commissioners shall be re-eligible to the said appointment; and in the event of the citizens of said town failing to elect Commissioners on the day as above prescribed, that ten days notice given by any justice of the Inferior Court of said county, for such an election, or to fill any vacancy of said Commissioners, shall be valid. 3. And be it further enacted, That the said Incorporation shall extend to and take in all the town lots that have been originally laid off in said town, and shall comprehend all the land within four hundred yards of the said courthouse, it being the centre of said corporation; any law to the contrary notwithstanding. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817.

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AN ACT For the relief of Benjamin Starrett. WHEREAS Benjamin Starrett, at the Superior court of Franklin county, April term, 1817, entered himself as security for the appearance of Farley Thompson, against whom the Grand Jury of said county, had found a true bill for an assault: And whereas the said Farley Thompson failed to appear, in consequence of which, the recognizance of said Benjamin Starrett, as security as aforesaid, for the sum of three hundred dollars BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the said Benjamin Starrett, immediately after the passing of this act, is hereby discharged from the payment of the judgment and execution aforesaid, on the payment of costs of suit:and on the payment of the costs aforesaid, it shall be the duty of the Sheriff of Franklin county to enter satisfaction in full on said execution. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817. AN ACT For the relief of Edward Pate. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same. That from and immediately after the passing of this act, the said Edward Pate shall be entitled to the one half of a lot of land, situate, lying and being in the (now) county of Morgan, formerly Baldwin county, in the fourth district,

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lot number three hundred and eighteen, which has been recovered and reverted to this state, under and by virtue of an information or scire facias in the name of Thomas Davis, in the Superior court of Morgan county, against said Edward Pate. 2 And be it further enacted, That the said Edward Pate, his heirs or assigns, shall be entitled to all right, title, or interest in and to the one half of said lot of land, which the state of Georgia acquired by virtue of the information or scire facias in the name of the said Thomas Davis, in the same manner as if said proceeding had not taken place, or any recovery thereon hadany law to the contrary not withstanding. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817. AN ACT To authorise the Trustees of Elbert county Academy, to raise by Lottery, a certain sum of money, to aid in building said Academy, and to appoint managers of said Lottery, and make permanent the scite of said Academy. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That the trustees of the Elbert county Academy, be, and they are hereby authorised and empowered, to raise by lottery the sum of three thousand dollars, to aid in building and establishing an Academy in or near the town of Elberton, in Elbert county. 2. And be it further enacted by the authority aforesaid, That John A. Heard, William Woods, Edward Sims, Gaines Thompson and Thomas Jones, be, and they are hereby appointed managers of said lottery, with authority

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to make such arrangements, and adopt such plan as they may think best calculated to attain the object of said lottery. 3. And be it further enacted by the authority aforesaid, That the aforesaid managers shall, within three years from the passage of this act, complete the drawing of said lottery, and pay over to the trustees of said Academy, the amount so raised by lottery, which said sum, shall by said trustees, be applied to the building and establishing an Academy, to be called the Elberton Academy, in or near the town aforesaid; and that the site of said Academy be in, or within one mile of said town, and the same is hereby made permanent. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To alter and amend an act, entitled, an act, to alter the times of holding the Superior courts in the Middle and Eastern circuits of this state, so far as respects the counties of Camden and Wayne. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the expiration of the present circuit of the Superior courts in the Eastern circuit of this state, the said Superior courts shall be holden as follows: SPRING CIRCUIT. On the second Thursday in March, in Wayne. On the Monday thereafter in Camden. On the Monday thereafter in Glynn. On the Monday thereafter in M'Intosh. On the Monday thereafter in Liberty.

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On the Thursday thereafter in Bryan. On the Monday thereafter in Bulloch. On the Thursday thereafter in Effingham. And in Chatham on the fourth Monday in May. FALL CIRCUIT. On the Thursday before the last Monday in October, in Wayne. On the Monday thereafter in Camden. On the Monday thereafter in Glynn. On the Monday thereafter in M'Intosh. On the Monday thereafter in Liberty. On the Thursday thereafter in Bryan. On the Monday thereafter in Bulloch. On the Thursday thereafter in Effingham. And in Chatham on the first Monday in January. 2. And be it further enacted, That the Grand and Petit Jurors, with all suits, criminal or civil, and recognizance made returnable to courts in Wayne as heretofore, shall be made returnable to the courts as altered by this actany law to the contrary notwithstanding. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To authorise Nathaniel Bostick to establish a Ferry across Ogechee river, on his own land. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediatelyy after the passing of this act, Nathaniel Bostick be, and he is hereby authorised to establish a Ferry across Great Ogechee river, on his own land, at or near the upper end of Fletcher's Island in said river.

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2. And be it further enacted, That the said Nathaniel Bostick shall be entitled to receive of and from all person or persons crossing thereat, the following sums for crossing at said Ferry, to wit: For every four wheel pleasure carriage fifty cents; for every waggon fifty cents; for every two wheel pleasure carriage thirty seven and a half cents; for every cart twenty-five cents; for man and horse twelve and a half cents; for every foot-man six a quarter cents; for every led or drove horse, cow, hog, sheep or goat, two and an half cents. 3. And be it further enacted, That before the said Nathaniel Bostick shall be permitted or entitled to receive any thing for ferriage across said river, he shall give a bond with two good and sufficient freehold securities of the county of Jefferson, to the Inferior court of said county, in the sum of five hundred dollars, to make good all losses which may happen to property in crossing at said ferry, which bond shall be filed in the Clerk's office of the Inferior court of said county of Jefferson, and may be sued on for the use and benefit of any person that may sustain any injury by the negligence of the said Bostick; and a copy of the said bond, certified by the clerk of the said Inferior court, shall be good evidence on the trial of any cause against said Bostick on said bond. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817. AN ACT To amend an act, entitled an act, to carry into effect the Penal Code of this State, and the Penitentiary System founded thereon. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Board of Inspectors of the Penitentiary Edifice

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shall be elected by joint ballot of both branches of the General Assembly annually, who shall hold their offices until their successors are elected. 2. And be it further enacted, That the Board of commissioners of the Penitentiary Edifice and its appurtenances, shall consist of three members, and be separate and distinct from the Board of Inspectors; and no member of either Board shall be a member of the other, nor any officer of the Penitentiary. 3. And be it further enacted, That the Principal Keeper, one Assistant Keeper, and Turnkey of the Penitentiary, shall be elected annually, by joint ballot of both branches of the General Assembly, and shall hold their appointments for one year, and until their successors are appointed and sworn, subject nevertheless to be removed from office by His Excellency and a majority of the board of Inspectors, for mal practice, misconduct, or neglect of duty in office; and in all cases of vacancy by death, resignation or otherwise, of any Keeper or Turnkey, the Governor and Board of Inspectors shall appoint a Keeper or Turnkey pro tem. (as the case may be) who shall discharge the duties of Keeper or Turnkey until the vacancy shall be filled by the Legislature, agreeable to the provisions of this act. 4. And be it further enacted, That the Guard and all officers attached to and belonging to the Penitentiary Edifice, shall be under the immediate direction and control of the Principal Keeper. 5. And be it further enacted, That the rations of a Captain in the army of the United States be allowed to the said Principal Keeper, in addition to his pay as Principal Keeper. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817.

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AN ACT To authorise the Inferior courts of Baldwin and Putnam counties, to build a bridge across Little river, at or near the place where Butts's bridge formerly stood, and to remove, or cause to be removed, any obstructions that may operate to prevent the same. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That the Inferior courts of the counties aforesaid, are hereby authorised to let to the lowest bidder, the building and keeping in repair a bridge across Little river, at or near the place where a bridge formerly stood, known by the name of Butts's bridge. 2. And be it further enacted, That whenever the undertaker or undertakers of the bridge as aforesaid, shall be ready to raise the same, that he or they shall notify the commissioners appointed to let the same, that he or they is, or are, ready to raise said bridge, that it shall be the duty of the said commissioners to meet at the place where the bridge as aforesaid is to be raised, and if the owner or owners of the mill next below said bridge, on said river, should not then have drawn off the water, so as not to impair or hinder the raising of said bridge, or does not then draw off the water as aforesaid, that it shall then, and in that case, be the duty of the commissioners as aforesaid, to notify the said owner or owners of the said mill, to comply with the provisions of this act; and in case the said owner or owners fails or refuses to comply as aforesaid, that it shall be the duty of the commissioners as aforesaid, to sue for and recover the sum of thirty dollars for each day the owner or owners of said mill refuses to comply with the requisitions of this act, with all lawful cost, at the justice scourt in the district where such owner or owners may reside; and the said commissioners shall pay over [Illegible Text] the money collected as aforesaid, to the Inferior courts of the said counties, for county purposes Provided, that previous to the institution of any such suit, five freeholders (two of whom shall be chosen by the owner or owners of said mill, and one by the commissioners

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appointed by the Inferior court of each of said counties, and the four so appointed, shall choose a fifth) shall assess the amount of the damages likely to be sustained, in carrying the intention of this act into effect, which damages so assessed, shall be paid out of the funds of said counties in proportion to the amount of their general tax And provided also, that if the owner or owners of said mill should refuse so to appoint, when called on by the said commissioners for that purpose, the commissioners as aforesaid, may proceed as herein before pointed out. 3. And be it further enacted, That the commissioners as aforesaid, shall have removed, or cause to have removed, any other obstructions in said river that may operate to hinder or impair the raising of said bridge. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To amend an act, to incorporate the town of Irwinton, in the county of Wilkinson, passed the 4th December, 1816. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That in all cases where a vacancy shall take place by death, resignation or otherwise, of any of the commissioners of the said town of Irwinton, the vacancy shall be filled by an election for a successor, which election shall be advertised by any two justices of the peace for said county, giving ten days previous notice at the courthouse in said county, and the person so elected shall be a commissioner of said town until successors are elected agreeably to the law to which this is amendatory. 2. And be it further enacted, That the corporation of

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said town shall extend the distance of four hundred yards each and every way from the courthouse in said town. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817 AN ACT To amend an act, entitled, an act for the trial and punishment of slaves and free persons of color, assented to the 19th day of December, 1816. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted, That so much of the third section of the above recited act as authorises the Governor to commute the punishment of death, for that of imprisonment in the Penitentiary, be, and the same is hereby repealed. 2. And be it further enacted, That in all cases where the jury, on the trial of any slave or free person of color, shall return a verdict of guilty, the court shall pass the sentence of death on such slave or free person of color, agreeably to the requisitions, and subject to the same restrictions as are required by the before recited act, or proceed to inflict such other punishment, as in their judgment will be most proportionate to the offence, and best promote the object of the law, and operate as a preventive for like offences in future. 3. And be it further enacted, That in all prosecutions for a capital offence against any slave or free person of color, the clerk of the Inferior court shall act as the prosecuting officer in behalf of the state. 4. And be it further enacted, That all laws militating

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against this act, be, and the same are hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To compel the next Tax Collector of Chatham county, to collect the fifty per centum on the state tax, commonly called the direct tax, for the years 1815 and 1816, and to compel the next Tax Collector of Burke county to collect the direct tax due from said county for the year 1816, and to authorise the Governor to appoint some fit and proper person to collect the fifty per cent. tax, not heretofore collected in the county of M'Intosh. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the next tax collector of Chatham county to collect the direct tax which may be due from the said county for the years 1815 and 1816 Provided, the same is not collected previous to his coming into office, for which he shall be entitled to receive two and an half per cent; and on failure to collect the said taxes, he shall not be entitled to receive or retain any fees for collecting the state tax. 2. And be it further enacted, That it shall be the duty of the next tax collector of Burke county, to collect the direct tax due from said county, under the regulations as prescribed in the preceding section of this act Provided, the same is not collected previous to his coming into office. 3. And be it further enacted, That it shall be the duty of his Excellency the Governor, to appoint same fit and proper person to collect the fifty per cent. tax in M'Intosh

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county, for such years as have not been collected; which person so appointed, shall be commissioned by the Governor, and give bond and security as other tax collectors of said county; and which person so appointed, shall be allowed two and an half per centum for collecting and paying said tax into the Treasury of this state. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817. AN ACT To legalize the proceedings of the Superior, Inferior court or courts, and courts of Ordinary, in the county of Columbia, so far as respects the acts of clerk or clerks, performed by deputy or deputies, agent or agents, and to make the same valid. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the individual proceedings of the Superior, Inferior courts and courts of Ordinary of the county of Columbia, so far as relates to the clerk or clerks of said court or courts, shall be and they are hereby declared to be efficient, legal, valid and binding, notwithstanding the proceedings and acts of said clerk or clerks were performed by deputy or deputies, agent or agents. 2 And be it further enacted, That this act shall extend to, and have the effect of legalizing any past proceedings and acts of said clerk or clerks, performed as aforesaidany law to the contrary notwithstanding. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT. President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817.

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AN ACT To amend an act to make permanent the site of the public buildings in Morgan county at the town of Madison, and to incorporate the same, passed the 12th day of December, 1809. BE it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, that it shall be lawful for the commissioners of the said town of Madison, or a majority of them, to extend the incorporation laws over all the lots and land adjoining said town, laid off for county uses. 2. And be it further enacted, by the authority aforesaid, that the commissioners are hereby vested with full power and authority to make such bye-laws and regulations, and impose and inflict such fines and tax as in their judgment may be conducive to the good order and government of said town Provided, that such bye-laws and ordinances be not repugnant to the Constitution and laws of this state. 3. And be it further enacted, That the commissioners of said town of Madison shall take the following oath before some justice of the Inferior court, or justice of the Peace, for the county of Morgan, vizI, A B do solemnly swear or affirm, (as the case may be) that I will to the utmost of my power perform the duties required of me as commissioner of the town of Madison.So help me God. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To alter the names of certain persons therein mentioned. BE it enacted by the Senate and House of Representatives

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of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, Thomas Laurens Appling Coulter, shall be called and known by the name of Thomas Laurens Appling MillsJohn Richardson shall be called and known by the name of John Hamilton RichardsonIra Wester shall be called and known by the name of Ira NealRob't, Wm, Johnson, Joseph, Lovely, Jackson and Polly Cordery, shall be called known by the names of Robert, William, Johnson, Joseph, Lovely, Jackson Polly Rogers; Greene B. Hern, shall be called and known by the name of Greene B. Neill; Jabez Curry shall be called and known by the name of Jabez Jemison; and James Felts shall be called and known by the name of James Mason. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT, To establish a Mayor's court in the City of Augusta, and to add an additional member to the City Council thereof. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of January next, the Chief Magistrate of the City of Augusta shall be known and addressed by the appellation of Mayor, and not Intendant of the city of Augusta. 2. And be it further enacted, That a Mayor's court shall be established, and the same is hereby created and established, in the city of Augusta, to go into operation after the first day of January next, invested, as a Court of Record, with the same powers, clothed with the same authority and jurisdiction,

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and governed by the same rules, regulations and restrictions, as appertain to and limit the Mayor's court of the city of Savannah. And the aforesaid Mayor of the city of Augusta shall be, and he is hereby constituted, Judge of the said court, and shall be entitled to the same fees and emoluments in the discharge of his official duty in this regard, as are allowed to the Mayor of the city of Savannah, to be collected from all suits commenced in said Court Provided always, that the jurisdiction of the aforesaid Mayor's court shall not embrace the consideration of cases which shall involve a sum less than thirty dollars, nor extend to such as exceed the value of two hundred dollars. 3. And be it further enacted, That District No. 3 shall be entitled to one additional member in the city Council of Augusta, to be elected in conformity to the provisions of the law regulating such elections, and to take place at the next annual election for members of the said City Council of Augusta. 4 And be it further enacted, That all laws militating in any way with the provisions of this act be, and the same are hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To change the names of Samuel Paine, Jane Paine, Willis Paine and Thompson Paine, to that of Sam'l Wood, Jane Wood, Willis Wood and Thompson Wood, and to adopt the same as the children of Mathew Wood, and for the [Illegible Text] of Ellender Salter, Hampton Wade and Solomon Wade. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,

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That from and immediately after the passing of this act, Samuel Paine, Jane Paine, Willis Paine and Thompson Paine, minors, reputed children of Mathew Wood, be adopted as the legal children of said Mathew Woodcapable of inheriting any property which the said Mathew Wood may die possessed of, in the same manner as tho' the said Samuel, Jane, Willis and Thompson had been born in lawful wedlock. 2. And be it further enacted, That they and each of the said minors shall hereafter be known by the names of Samuel Wood, Jane Wood, Willis Wood and Thompson Wood. 3. And be it further enacted, That Ellender Salter of the county of Emanuel, a minor, be hereafter called and known by the name of Ellender Douglass. 4. And be it further enacted, by the authority aforesaid, That from and after the passage of this act, Hampton Wade and Solomon Wade, sons of John W. Wade, born of the body of Jerusha Taylor, previous to the intermarriage of the said John W. Wade and Jerusha Taylor, shall be entitled to all the rights and privileges, which they could have enjoyed, had they been born in lawful wedlock. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT Amendatory to and explanatory of the Statute of Limitations in this state, passed the 7th December, 1805, so far as it regards Idiots, Lunaticks and Infants. WHEREAS many evils and inconveniences may arise from the construction given to the before recited act, by which the savings and exceptions in favor of idiots, lunatics, and infants, mentioned in said act, are totally defeated, and manifest injustice done thereby

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BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that no court of justice in this state, before whom the plea of the statute of limitations may be relied on or plead by any defendant or defendants, shall be permitted to construe said act against idiots, lunatics or infants as heretofore construed; but said statute of limitations, when it has commenced running, shall not so operate as to defeat the interest acquired by idiots, lunatics or infants after its commencement, but the operation of said statute shall cease until the disability or disabilities of such persons are removed, or from the time of the arrival of such infant to the age of twenty one years: any law, custom or usage to the contrary notwithstanding. 2. And be it further enacted, That no proviso or part of the above recited act, or any other part or parts of any statute of limitations, which are or heretofore have been of force in this state, shall be so construed as to grant any privilege, right or exemption, to any person or persons who may reside in either of the United States or the territories thereof, or beyond seas, or elsewhere, other than those enjoyed by the citizens resident within the limits of this state. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817. AN ACT To create and establish a fund for the support of Free Schools throughout this State. WHEREAS it is universally acknowledged, that in all well regulated governments, and particularly that form

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of government, under which we have the happiness to live; the education of youth, and the general advancement of useful knowledge, are objects of primary importance: And whereas the present system of education in this state is not well calculated for the general diffusion and equal distribution of useful learning: BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the sum of two hundred and fifty thousand dollars be, and the same is hereby set apart and appropriated for the future establishment and support of Free Schools throughout this state: Provided, that nothing contained herein, shall prevent a future Legislature from repealing the whole or any part of the above recited law. 2. And be it further enacted, That it shall be the duty of his Excellency the Governor, so soon as a favorable opportunity may occur, to invest the above sum in bank or other profitable stock. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817. AN ACT To alter and amend the fourth section of the second article of the Constitution. WHEREAS the fourth section of the second article of the Constitution is in the following words:In case of the death or resignation, or disability of the Governor, the President of the Senate shall exercise the Executive powers of government until such disability be removed, or until the meeting of the next General Assembly: And whereas the said section requires amendment BE it therefore enacted by the Senate and House of

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Representatives of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That so soon as this act shall have passed agreeably to the requisitions of the Constitution, the above section shall be amended to read as follows:In case of the death, resignation or disability of the Governor, the President of the Senate, or the last acting President of the Senate, shall exercise the executive powers of the government until such disability be removed in the election and qualification of a Governor by the General Assembly: And in case of the death, resignation or disability of the President of the Senate, or of the last acting President of the Senate, the Speaker of the House of Representatives, or the acting Speaker of the House of Representatives, shall exercise the Executive powers of the government until such disability be removed in the election and qualification of a Governor by the General Assembly. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To alter and amend the forty seventh section of the Judiciary System of this state, and pointing out the manner of filling vacancies in the offices of Clerk of the Superior and Inferior courts. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is enacted by the authority aforesaid, That when the sheriff's, clerk of the Superior court, or clerk of the Inferior court's office in any county shall be vacated by death, resignation or otherwise, the Justices of the Inferior court, or a majority of them, shall immediately meet at the courthouse in the county where such vacancy may happen, and proceed to fill said vacancy by appointing a

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fit and proper person, who shall give bond and security in the usual amount, and in the usual form, and take the usual oath, and such person shall be liable for the [Illegible Text] of sheriff in the county for which he was appointed; and such person shall continue in office, unless otherwise specially removed, until a successor is elected and qualified. 2. And be it further enacted, That in the absence of the sheriff or his deputy, it shall and may be lawful for the Judges of the court of Ordinary, to direct said court to be opened and attended by the coroner, or any constable of the county; and they may make a reasonable compensation to the said coroner or constable for his services. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Govrenor. Assented to, 19th December, 1817. AN ACT To secure to Robert H. McRea and Richard H. Long the exclusive right and privilege of running a line of Stages from Washington in the county of Wilkes to Eatonton in the county of Putnam, via Greensborough in the county of Greene, for the term of ten years, and to amend an act, entitled, an act to secure to Robert H. McRea and Richard H. Long the exclusive privilege of running a line of Stage Carriages from Augusta via Columbia Courthouse in Columbia county, the town of Washington in the county of Wilkes, Lexington in the county of Oglethorpe, and to Athens in the county of Clarke, for the term of ten years. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the said Robert H. McRea and Richard H. Long, their

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heirs, assigns or legal representatives, shall have the sole and exclusive privilege of running a line of Stages for the conveyance of persons and their baggage and for other purposes, between the said town of Washington in the county of Wilkes, via the said town of Greensboro' in the county of Greene, to Eatonton in the county of Putnam, for the term of ten years. 2. And be it further enacted, That if any person shall presume to run, within the said term of ten years, any stage-carriage or carriages, or any other carriage for the aforesaid purpose, in any way for hire or fare, without the consent of the said Rob't H. M'Rea and Rich. H. Long, or their legal representatives, first had and obtained; such person or persons, so offending, shall forfeit and pay to the said Robert H. McRea and Richard H. Long, or their legal representatives, the sum of fifty dollars for every offence so committed, to be recovered by an action or actions of debt before any court of competent jurisdiction; Provided, that the said Robert H. McRea and Richard H. Long or their legal representatives, shall within the term of one year, from and after the passing of this act, put into operation the said line of Stages, and continue the same, unavoidable accidents excepted, at least once in every week, between the places aforesaid, and to and for the term of ten years. Provided also, That the said Robert H. McRea and Richard H. Long shall be at liberty to discontinue their operation at any time by first giving two months notice. 3. And be it further enacted, That the said Robert H. M'Rea and Richard H. Long may at any time, from and after the passage of this act, discontinue or relinquish their right of running a line of Stage-Carriages on any part of the route prescribed in an act to secure to Robert H. MCRea and Richard H. Long the exclusive right and privilege of running a line of Stage-Carriages from Augusta via Columbia courthouse in Columbia county, the town of Washington in the county of Wilkes, Lexington in the county of Oglethorpe, and to Athens in the county of Clarke, for the term of ten years, first giving two months notice, without affecting the rights and privileges secured

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to them by the said act, to such part of said route as may be by them continued in complete operation. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817. AN ACT For disposing of any such negro, mulatto or person of color, who has been or may hereafter be imported or brought into this state, in violation of an act of the United States, entitled, an act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, 1808. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That it shall be lawful for His Excellency the Governor, and he is hereby authorized, to appoint some fit and proper person, to proceed to all such ports and places within this state, as have, or may have, or may hereafter hold, any negroes, mulattoes or persons of color, as may have been or hereafter may be seized or condemned under the above recited act of Congress, and who may be subject to the control of this state, and the person so appointed shall have full power and authority to ask, demand and recover and receive all such negroes, mulattoes, or persons of color, and to convey the same to Milledgeville, and place them under the immediate control of the Executive of this state. 2. And be it further enacted, That His Excellency the Governor is hereby empowered to cause the said negroes, mulattoes or persons of color to be sold, after giving sixty days notice in a public gazette, in such manner as he may think best calculated for the interest of this state. 3. And be it further enacted, That if previous to any sale of any such persons of color, the Society for Colonization

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of free persons of color within the United States, will undertake to transport them to Africa, or any other foreign place, which they may procure as a Colony for free persons of color, at the sole expence of said Society, and shall likewise pay to His Excellency the Governor all expences incurred by the State, since they have been captured and condemned, His Excellency the Governor is authorized and requested to aid in promoting the benevolent views of said Society, in such manner as he may deem expedient. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT For the relief of certain Lot-holders in the City of Augusta. WHEREAS Greene street in the city of Augusta, is closed at the upper end, so as to have no direct communciation with the main road leading through Harrisburg from the Sand-Hills, to the great detriment of the lot holders on said street, and general inconvenience and injury of the inhabitants of said city: For remedy whereof BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Intendant and City Council of the city of Augusta are hereby authorised and empowered, when in their opinion the public convenience of the city may require it, to cause Greene street in the said city, to be opened and extended in a straight line (agreeably to the plan of said city) until it intersects the main road leading from the Sand-Hills through Harrisburg to the said city of Augusta. 2. And be it further enacted by the authority aforesaid, That if any person or persons consider him, her or

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themselves injured or aggrieved by the opening of said street, he, she or they may petition the Superior court of Richmond county, stating the amount of damages or injury sustained, or demanded, and praying that an inquest may be taken and such damage awarded as may be reasonable and just; a copy of which petition, shall be served on the Clerk of the city Council of the said city, at least twenty days before the setting of the court to which the same is returnable, at which said court a jury shall be thus sworn;You shall well and truly try, value and assess the damage suffered, and the benefit received by the petitioner, by reason of opening and extending Greene street in the city of Augusta, and a true verdict give of the amount, wherein the damage suffered exceeds the benefit received, or the reverse: So help you God. And the amount of damage over and above the benefit (if any) so by such jury assessed, shall immediately thereafter be paid by the said city Council to the petitionerunless either party shall be discontented with the verdict, in which case, either the petitioner or the city Council may enter an appeal at any time within four days after the adjournment of said court, which appeal shall be tried at the next term of the said court by a special jury, struck in the usual manner, and sworn as herein before prescribed, whose verdict shall be final, unless the court for matter of law should think fit to award a new trial. BENJ. WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To appropriate money for the improvement of the Internal Navigation of the State of Georgia. WHEREAS it is the duty of the Legislature, acting on the behalf, and with the resources, of the people of this

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state, to devise and to execute schemes of Internal Improvement for their welfare: And whereas, This state is penetrated by several copious and extensive rivers, the improvement of whose Navigation would greatly benefit the people, and heighten the prosperity of this state: BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the following sums shall be, and they are hereby appropriated, for the improvement of the navigation of the several water courses herein after named: viz. the sum of ten thousand dollars for the improvement of the navigation of the Ocmulgee river; the sum of ten thousand dollars for the improvement of the navigation of the Oconee; the sum of five thousand dollars for the improvement of the navigation of the Altamaha, and that Littleton Wyche, John P. Blackman, Jacob Wood, John Burnett and Scott [Illegible Text], Esquires, be, and they are hereby appointed commissioners on the river Altamaha. The sum of three thousand dollars for the improvement of the navigation of the Ogechee, below the mouth of; the sum of three thousand dollars for the improvement of the navigation of Bryer creek; the sum of twenty thousand dollars for improving the navigation of Savannah and Tugalo rivers, provided the State of South Carolina have appropriated or shall appropriate the same amount, from Augusta to the mouth of Panther creek on said Tugalo river. 2. And be it further enacted, That James R. Wiley and Joseph Chandler, be, and they are hereby appointed, Commissioners for the river Tugalo, and that James R. Wiley be added to the Board of Commissioners appointed by an act, entitled, an act to appropriate money for the improvement of the navigation of the Savannah and Oconee rivers, passed thr 8th day of December 1815; and the further sum of five thousand dollars, to be applied to the improvement of said river from Augusta to Savannah. 3. And be it further enacted, That the sum of five thousand dollars be appropriated for Broad river, from

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the mouth of said river up, as far as this appropriation will enable the commissioners to proceed; and that Allen Daniel, Charles W. Christian, Thomas Meriwether, Benjamin Taliaferro, Benton Walton and Thomas Barnett be, and they are hereby appointed, Commissioners of said river; Provided, That His Excellency the Governor shall not draw a warrant for said amount, until he has received a relinquishment from the incorporation of said river, to any toll or tax on boats or produce which may pass up or down said river; and that the sum of five thousand dollars be appropriated for the improvement of the navigation of the Oconee river, from the mouth of Fishing Creek up to the highest point of navigation; Provided, the Oconee Navigation Company do relinquish their charter, with the nett proceeds of the Lottery; upon the relinquishment of which, His Excellency the Governor is authorized to draw a warrant on the Treasury for said amount, and that Thomas Reid, Joseph Cooper, Nicholas Lewis, Mathew Wells and Thomas W. Baxter, be, and they are hereby appointed Commissioners of said river; which said several sums shall be drawn from the treasury by the commissioners appointed, or which may hereafter be appointed, for each river, and by them applied in such manner, as they may deem most expedient, for the purpose of carrying this law into effect; and that they be bound to make annual reports to the Legislature of this state. 4. And be it further enacted, That the sum of two hundred and fifty thousand dollars shall be, and the same is hereby set apart and appropriated as a permanent fund for the improvement of the internal navigation of this state, and shall by the Governor be vested as soon as practicable in Bank or other profitable stock Provided, that nothing herein contained shall be so construed as to prevent any future Legislature from repealing this act or any part of it, and making any disposition of the fund set apart by this law, which they may deem expedient. 5. And be it further enacted, That the interest or dividends of the above mentioned permanent fund, and no other part thereof, shall be annually applied to the improvement

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of the internal navigation of the state, in such manner as the Legislature may by law hereafter direct. 6. And be it further enacted, That His Excellency the Governor be, and he is hereby authorized and requested, to appoint some person of known talents and practical knowledge, to examine Savannah river from the city of Savannah to Augusta, from Augusta to Petersburg and from Petersburg to the head of boatable water on the Tugalo; the Alatamaha from its mouth to the junction of the Oconee and Ocmulgee; the Oconee from said point to Milledgeville, and from the last place to the head of boatable water on said river; and the Ocmulgee from its junction with the Oconee to the head of boatable water, and also the other rivers herein mentioned: And that the said person report as speedily as possible to His Excellency the Governor, the practicability of improving the navigation of said rivers between the said several places, the expence thereof, and the best mode by which the object can be effected; and that he pay the expense attending the same out of the contingent fund. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To alter the time of holding the Inferior Courts of the county of Elbert. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted, That from and after the first day of January, in the year eighteen hundred and eighteen, the time of holding the Inferior court of Elbert county shall be as follows: On the first Monday in February and on the first Monday in July in every year; and that all writs, process and returns, which would have been legal

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at the first term of said court, in the year eighteen hundred and eighteen, shall be held and considered legal at the next term of said court, as pointed out by this act; and that jurors and witnesses shall be bound to attend at the first term of said Court, if they have been legally summoned, as if said court came at the usual time. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To alter the manner of appointing the Commissioners of the Academies of Glynn and M`Intosh counties. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That in future the commissioners of the Academy of the county of Glynn shall be elected by the persons entitled to vote for members of the General Assembly, and be superintended by one magistrate and two free-holders of the county, and the persons having the highest number of votes shall be duly elected; and they shall hold their appointments for the term of four years, and until their successors are appointed. 2. And be it further enacted, That the first election shall take place at the courthouse of Glynn on the first Monday in January next, and on the first Monday in January every fourth Monday thereafter: And in case of vacancy by death, resignation, removal from the county or otherwise, the commissioner then in office shall advertise an election to fill such vacancy, giving at least twenty days notice, which election shall be conducted in the manner pointed out in the first section of this act. 3. And be it further enacted, That all vacancies now existing, or which may hereafter exist in the commissioners

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of the Academy of M'Intosh county, shall be filled by joint resolution of the General Assembly. 4. And be it further enacted, That all laws or parts of laws militating against this act, be, and the same are hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 20th December, 1817. AN ACT To incorporate the town of Lincolnton in the county of Lincoln. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the sume, That Peter Lamar, Rene Ramson and Lewis Stovall, and their successors in office, shall have full power and authority to pass all bye laws and regulations which may be necessary for the improvement and repairing the streets, springs and internal police of said town: Provided nevertheless, that such bye-laws, rules and regulations shall not be repugnant to the Constitution of the United States and the Constitution and laws of this state, and that no penalty thereby imposed, shall extend to corporal punishment, except to people of color, nor shall any tax upon the people of said town be imposed which shall exceed one dollar on each poll for the same year. 2. And be it further enacted, That where any vacancy in the commissioners of said corporation shall happen by resignation, removal or otherwise, the commissioners in office shall appoint some other person within the limits of said corporation, to fill such vacancy. 3. And be it further enacted, That the said commissioners or a majority of them, have power to appoint a clerk, marshal, and such other officer as they may [Illegible Text] necessary to carry into effect all proceedings which they

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may adopt under the authority of this act, and the said commissioners shall be ex-officio justices of the peace, so far as respects the carrying into effect the said act of incorporation, and they may impose fines for violations of their corporate rules, issue executions for fines and penalties, and for taxes; and shall likewise have power to exact a tax on all public shows which may be at any time exhibited or exposed to view for money, within the limits of said corporation, which shall be collected by the said marshal in the same manner as executions from the justice's court. 4. And be it further enacted, That the said commissioners shall be capable of suing and being sued in their corporate capacity. 5. And be it further enacted, That the jurisdiction of the said incorporation, shall extend to, and comprehend one half mile each way from the courthouse in said town. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 49th December, 1817. AN ACT To appropriate monies for the political year 1818. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That for the support of government for the political year one thousand eight hundred and eighteen, the following sums of money be, and they are hereby appropriated, viz: the salary of His Excellency the Governor shall be two thousand dollars per annum; Secretaries of the Executive department, not exceeding two, eight hundred dollars each; the Secretary of State, two hundred dollars; the Treasurer, twelve-hundred dollars; the Surveyor General, five hundred dollars; the Comptroller General,

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eight hundred dollars; the Clerk of the House of Representatives, four hundred dollars; the Secretary of Senate, four hundred dollars; the Judges of the Superior courts, fourteen hundred dollars each; the Attorney General and three Solicitors General, one hundred and fifty dollars each; which said several sums shall be, and they are hereby appropriated, for their use, to be paid quarter yearly, by warrant from the Governor on the Treasurer, out of any money not specially appropriated. 2 And be it further enacted, That the sum of thirty thousand dollars be, and the same is hereby appropriated and set apart as a contingent fund, subject to the orders of the Governor. 3. And be it further enacted, That for the compensation of the members of the Legislature, three dollars each per day, during their attendance, be appropriated, and the sum of three dollars for every twenty miles in coming to and returning from the seat of government; and the sum of four dollars each per day to the President of Senate and Speaker of the House of Representatives, during their attendance, and the sum of three dollars each for every twenty miles in coming to and returning from the seat of government; to the Clerk of the House of Representatives and Secretary of Senate during the sitting of the Legislature, four dollars each per day, and the sum of sixty dollars for contingent expences each; to the two engrossing clerks and an assistant clerk to the House of Representatives, and two engrossing clerks to the Senate, four dollars each per day; to the clerk of the committee on Finance, and the clerk to the committee on the State of the Republic, sixty dollars each; to the messengers and door-keepers of the Legislature, three dollars per day each during the session; to the Adjutant General, twelve hundred dollars, to be paid quarter yearly; to Alexander Greene, one hundred dollars for airing, scouring, and taking care of the State House, desks and carpets in the recess of the Legislature, and making fires on wet days; to Peter Pharr, one hundred dollars for winding up the Clock, keeping clean the stair cases, passages c.to John G. Bird, clerk to the joint committee on the Penal

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Code, adapted to the Penitentiary System, the sum of thirty five dollars. 4. And be it further enacted, That the sum of four thousand two hundred dollars be, and the same is hereby appropriated and set apart, as a fund for the purpose of defraying the expense of taking the fourth census of this state, in terms of the Constitution; and the sum of thirty thousand dollars be, and the same is hereby appropriated for the completing the Penitentiary Edifice and its appurtenances; and his Excellency the Governor, is hereby authorised, to draw warrants on the Treasurer for that amount, whenever the same may be completed, or whenever the commissioners of the Penitentiary shall signify to his Excellency, that in their opinion it is proper to pay over to the contractors said amount, in part or in whole Provided, it shall satisfactorily appear to the Governor, that the said work has been duly executed. 5. And be it further enacted, That the sum of ninety dollars be appropriated to William Riley, and the sum of eighty dollars to John Lesley, agreeably to a concurred resolution. 6. And be it further enacted, That the Clerk of the House of Representatives be, and he is hereby authorised, to employ a clerk to enrol the Penal Code, and that he be allowed thirty-five dollars for his services: and the further sum of eight hundred and seventy-five dollars to Henry and N. G. Robinson, agreeably to a concurred resolution; to William Stroud of Jasper county, one hundred dollars as a temporary relief; to Joseph Nichols of Putnam county, one hundred dollars; and to Samuel Gibson one hundred dollars. 7. And be it further enacted, That his Excellency the Governor be requested to cause the said Wm. Stroud, Joseph Nichols and Samuel Gibson to be placed on the pension list of the general government; and all other persons in this state, similarly situated, are requested to furnish his Excellency the proper vouchers to enable him to have them all placed on the pension list of the United States, and on failure so to do, no further provision will be made for them.

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8. And be it further enacted, That the sum of two thousand dollars be, and it is hereby appropriated, subject to the drafts of his Excellency the Governor, for the purpose of affording relief to such widows and orphans of citizens of this state, who fell during the late war, as have not hitherto received the relief intended by the Legislature, and the widows and orphans of such soldiers who may have died, after being discharged, from any disease or wounds they may have received or contracted while in service as aforesaid. 9. And be it further enacted, That the sum of forty dollars be appropriated to and in favor of the widow and orphans of John Crawford; and that the sum of twenty dollars be appropriated to, and in favor of the widow and orphans of Reuben Coffee; and that the sum of ten dollars be appropriated to, and in favor of the widow of Jacob Brown: and that the sum of thirty dollars be appropriated to Milley Edwards and her two children, the heirs and widow of Jacob Edwards, deceased Provided nevertheless, that no widow or orphan that has heretofore received any compensation, as such, under any law, nor under any provision that may hereafter be made in favor of such widow and orphans as have now been provided for, or who have heretofore received compensation as such, from this state. 10. And be it further enacted, That the sum of five thousand dollars be, and the same be appropriated, subject to the drafts of the Governor, for paying the officer and the guard of the Penitentiary, and to defray the expence of bringing convicts to the Penitentiary. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 18th December, 1817.

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AN ACT To better provide for carrying into effect the internal regulations of the Penitentiary. WHEREAS the safety of the convicts in the present unfinished state depends on the Guard; and whereas it is expedient that the number should be increased: BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, his Excellency the Governor be, and he is hereby authorised, to pay to each guard, per month, during his service in guarding the Penitentiary, the sum of five dollars, out of any money not otherwise appropriated, in addition to that heretofore allowed by law. 2. And be it further enacted, That it shall be the duty of the Inspectors of the Penitentiary, upon the misconduct of any one of the officers of the guard, to report the same to the Governor, who may remove from office any such offending officer. 3. And be it further enacted, That the Board of Inspectors shall have full power and authority to discharge any of the guard for misconduct or neglect of duty, and any person so discharged, shall forfeit all of the pay then due to him. 4. And be it further enacted, That it shall be the duty of the said Inspectors, to lay before the visiting committee of said Penitentiary, annually, at the meeting of the Legislature, a report of all their proceedings for the political year; which committee shall report the same to the General Assembly. 5. And be it further enacted, That the Inspectors of the Penitentiary Edifice are hereby authorised to furnish to the convicts, such other articles of clothing and bedding as they may deem essential to the preservation of their health. 6. And be it further enacted, That from and after the passage of this act, the wages of the Assistant

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Keeper and Turnkey shall be five hundred dollars per year. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 20th December, 1817. AN ACT To incorporate the Baptist Church in the City of Augusta and county of Richmond, and to authorise the Trustees of the Richmond Academy to convey a lot of land in the City of Augusta to said Baptist Society. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Abram Marshall, John M'Kinne, James H. Randolph, Woodson Ligon and Jesse D. Greene, 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 Society in the City of Augusta and county of Richmond; and the said Trustees are hereby authorized to have and use a common seal, and they are hereby declared to be able and capable in law of suing and being sued, pleading and being impleaded, and to have, hold and enjoy, real and personal property, for the use and purpose of erecting a Church or House of Worship, for the said Society in the City of Augusta, and for the maintenance and support of a Minister of the Gospel for the said Society. 2. And be it further enacted, That the said Trustees and their successors in office, shall have power to fill all vacancies which may happen in their Board, from time to time, by resignation, death, or otherwise. 3. And be it further enacted, That the Trustees of Richmond Academy be, and they are hereby authorized and empowered, to convey to the Trustees before named,

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and their successors in office, all that lot of land countaining one acre, to be laid off by the Trustees of Richmond Academy, where they may think most proper. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 19th December, 1817. AN ACT To amend the Penal Code of this State. FIRST DIVISION. PERSONS CAPABLE OF COMMITTING CRIMES. SEC. 1. A CRIME or misdemeanor shall consist in a violation of a public law, in the commission of which there shall be an union or joint operation of act and intention, or criminal negligence. 2. Intention will be manifested by the circumstances connected with the perpetration of the offence, and the sound mind and discretion of the person accused. 3. A person shall be considered of sound mind, who is neither an idiot, a lunatic, or afflicted by insanity, or who hath arrived at the age of fourteen, or before that age, if such person know the distinction between good and evil. 4. An infant under the age of nine years, whose tender age renders it improbable that he or she should be impressed with a proper sense of moral obligation, or of sufficient capacity deliberately to have committed the offence, shall not be considered or found guilty of any crime or misdemeanor. 5. A lunatic or person insane, without lucid intervals, shall not be found guilty of any crime, with which he or she may be charged Provided, the act so charged as criminal, have been committed in the condition of such [Illegible Text] or insanity.

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6. An idiot shall not be found guilty or punished for any crime or misdemeanor, with which he or she may be charged. 7. Any person counselling, advising, or encouraging, an infant under the age of nine years, lunatic or idiot, to commit an offence, shall be prosecuted for such offence when committed, as principal, and if found guilty, shall suffer the same punishment as would have been inflicted on said infant, lunatic or idiot, if he or she had possessed discretion and been found guilty. 8. A Femme Covert, or married woman, acting under the threats, command, or coercion of her husband, shall not be found guilty of any crime or misdemeanor, not punishable by death or perpetual imprisonment; and with this exception, the husband shall be prosecuted as principal, and receive the punishment, which otherwise, would have been inflicted on the wife, if she had been found guilty Provided, it appears from all the facts and circumstances of the case, that violent threats, command and coercion were used. 9. Drunkenness shall not be an excuse for any crime or misdemeanor, unless such drunkenness was occasioned by the fraud, artifice or contrivance of other person or persons, for the purpose of having a crime perpetrated, and then the person or persons so causing said drunkenness for such malignant purpose, shall be considered a principal, and suffer the same punishment as would have been inflicted on the person or persons committing the offence, if he, she or they had been possessed of sound reason and discretion. 10. A person shall not be found guilty of any crime or misdemeanor, committed by misfortune and accident, and where it satisfactorily appears there was no evil design or intention, or culpable neglect. 11. A slave committing a crime, which, if committed by a free white person, would not be punishable by this act with death, by the threats, command or coercion of his or her owner, or any person exercising or assuming authority over such slave, shall not be found guilty; and it appearing from all the facts and circumstances of the case,

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that the crime was committed by the threats, command coercion of the owner, or the person exercising or assuming authority over such slave; he or she, the said owner or person, shall be prosecuted for, and if found guilty of the crime, shall suffer the same punishment as he or she, the said owner or other person, would have incurred, if he or she, or said other person, had actually committed the offence with which the slave is charged. 12. A person committing a crime or misdemeanor, under threats and menaces, which sufficiently shew, that his or her life, or member, was in danger, or that he or she had reasonable cause to believe, and did actually believe that his or her life or member was in danger, shall not be found guilty, and such threats and menaces being proved and established, the person or persons compelling by said threats and menaces the commission of the offence, shall be considered a principal or principals, and suffer the same punishment, as if he, she or they had perpetrated the offence. SECOND DIVISION. ACCESSORIES IN CRIMES. 1. An accessory is he who stands by, aids and assists, or who not being present, aiding, abetting or assisting, hath advised and encouraged the perpetration of the crime. He or she who thus aids, abets or assists, or advises or encourages, shall be called a principal in the second degree. 2. An accessory, is also a person who, after full knowledge that the crime has been committed, conceals it from the magistrate, or harbours and protects the person charged with, or found guilty of, the crime. He or she, who thus conceals the offence, or harbors or protects the person guilty of it, shall be called a principal in the third degree. THIRD DIVISION. Crimes against the State and the People. Sec. 1. Crimes against the State and the people, shall

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consist in treason in the first degree, and second degree, exciting or attempting to excite, an insurrection or revolt of slaves. 2. Treason in the first degree, shall consist in levying war against the state in the same, or being adherent to the enemies of the state within the same, giving to them aid and comfort in this state or elsewhere, and thereof being legally convicted of open deed, by two or more witnesses, or other competent and credible testimony, or voluntary confession: These cases shall be adjudged treason against the state and people; and when the overt act of treason shall be committed without the limits of this state, the person charged therewith, may be arrested and tried in any county of this state, within the limits of which he may be found, and being thereof convicted, shall be punished in like manner, as if the said treason had been committed and done within the limits of said county. Treason in the first degree shall be punished with death. 3. Treason in the second degree, shall consist in the knowledge and concealment of treason, without otherwise assenting to or participating in the same. The punishment of treason in the second degree, shall be solitary confinement, or hard labor, in the Penitentiary, for any term not less than three years, nor longer than seven years. 4. Exciting an insurrection or revolt of slaves, or any attempt by writing, speaking or otherwise, to excite an insurrection or revolt of slaves, shall be punished with death. FOURTH DIVISION. Crimes and offences against the persons of citizens or individuals. Sec. 1. Murder is the killing of a human being in the peace of the state, with malice aforethought, either express or implied. 2. Express malice is that deliberate intention, unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. 3. Malice shall be implied where no considerable provocation

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appears, and where all the circumstances of the killing shew an abandoned and malignant heart. The punishment of murder shall be death. 4. Murder shall be denominated homicide in the first degree. 5. Manslaughter is homicide in the second degree.Manslaughter is the killing of a human creature without malice, express or implied, and without any mixture of deliberation whatever. It must be voluntary, upon a sudden heat of passion, or involuntary, in the commission of an unlawful act, or a lawful act without due caution and circumspection. 6. In all cases of voluntary manslaughter, there must be some actual assault upon the person killing, or an attempt by the person killed, to commit a serious personal injury on the person killing. Provocation by words, threats, menaces, or contemptuous gestures, shall be in no case sufficient to free the person killing from the guilt and crime of murder. The killing must be the result of that sudden violent impulse of passion, supposed to be irresistible; for if there should appear to have been an interval between the assault or provocation given, and the homicide, sufficient for the voice of reason and humanity to be heard, the killing shall be attributed to deliberate revenge, and punished as murder. 7. Voluntary manslaughter shall be punished by confinement, or labour, or solitude, in the Penitentiary, for a term not less than one year, nor longer than five. 8. Involuntary manslaughter, shall consist in the killing of a human being, without any intention to do so; but in the commission of an unlawful act, or a lawful act, which probably might produce such a consequence, in an unlawful manner: Provided always, that where such involuntary killing shall happen in the commission of an unlawful act, which in its consequences naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious or riotous intent, the offence shall be deemed and adjudged to be murder. 9. Involuntary manslaughter, in the commission of an unlawful act, shall be punished by confinement or hard

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labor, or solitude, in the Penitentiary, for a term not less than six months, and not longer than three years. 10. Involuntary manslaughter, in the commission or performance of a lawful act, where there has not been observed necessary discretion and caution, shall be punished by confinement, or hard labor, or solitude, in the Penitentiary, for a term not less than three months, and not longer than one year. 11. In all cases of voluntary or involuntary manslaughter, the court may order the commutation of the punishment in the Penitentiary, for that of confinement in the common jail of the county where the offence may have been committed, and a fine to be imposed at the discretion of the court, which fine shall be paid to the Clerk of the Inferior court for the use of the poor of the county where the conviction takes place. 12. There being no rational distinction between excusable and justifiable homicide, it shall no longer exist. Justifiable homicide is the killing of a human being in self defence, or in defence of habitation, property or person, against one who manifestly intends or endeavors by violence or surprise, to commit a known felony, such as murder, rape, robbery, burglary and the like, upon either, or against any persons who manifestly intend and endeavor in a riotous and tumultuous manner to enter the habitation of another, for the purpose of assaulting or offering personal violence to any person dwelling or being therein. 13. A bare fear of any of those offences, to prevent which, the homicide is alledged to have been committed, shall not be sufficient to justify the killing; it must appear that the circumstances were sufficient to excite the fears of a reasonable man, and that the party killing really acted under the influence of those fears, and not in the spirit of revenge. 14. If a person invades or trespasses on the property or habitation of another, not with an intention to commit a felony; the killing shall be murder, manslaughter or justifiable homicide, according to the circumstances of the case.

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15. If a person kills another in his defence, it must appear that the danger was so urgent and pressing, that is order to save his own life, the killing of the other was absolutely necessary; and it must appear also, that the person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given. 16. In no case shall a person justify the killing of another, under the pretence of necessity, unless he were wholly without fault, imputable by law, in bringing that necessity upon himself. 17. Killing a slave in the act of revolt, or when the said slave resists a legal arrest, shall be justifiable homicide. 18. In all cases, the killing or maiming a slave or person of color, shall be put upon the same footing of criminality as the killing or maiming a white man or citizen. 19. If after persuasion, remonstrance or other gentle measures used, a forcible attack and invasion on the property or habitation of another, cannot be prevented, it shall be justifiable homicide to kill the person so forcibly attacking and invading on the property or habitation of another; but it must appear that such killing was absolutely necessary to prevent such attack and invasion, and that a serious injury was intended or might accrue to the person, property or family of the person killing. 20. All other instances which stand upon the same footing of reason and justice as those enumerated, shall be justifiable homicide. 21. The homicide appearing to be justifiable, the person indicted, shall upon his trial be fully acquitted and discharged. 22. If any woman shall endeavor privately, either by herself of the procurement of others, to conceal the death of any issue of her body, male or female, which, if it were born alive, would by law be a bastard, so that it may not come to light, whether it was murdered or not, every such mother, being convicted thereof, shall suffer an imprisonment at hard labor or in solitude in the Penitentiary, for [Illegible Text] time not exceeding one year.

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23. If the same indictment charge any woman with the murder of her bastard child, as well as with the offence in the preceding section, the jury by whom such woman shall be tried, may acquit her of murder and find her guilty of concealing the death of the bastard, or acquit her of both offences: But, if the said jury shall find her guilty of the murder, they shall return no verdict upon the count for the concealment of the death of the bastard; and if any person shall counsel, advise or direct such woman to kill the child she is pregnant, or goes with, and after she is delivered of such child she kill it, every such person so advising or directing, shall be deemed accessory to such murder, and shall have the same punishment as the principal shall have. 24. The constrained presumption arising from the concealment of the death of any child, that the child, whose death is concealed, was therefore murdered by the mother, shall not be sufficient or conclusive evidence to convict the person indicted of the murder of her child, unless probable proof be given that the child was born alive, nor unless the circumstances attending it, shall be such as shall satisfy the minds of the jury, that the mother did wilfully and maliciously destroy and take away the life of such child. 25. If any person shall be charged with voluntary or involuntary manslaughter, happening in consequence of an unlawful act, it may be lawful for the Attorney or Solicitor General, to wave the felony, by leave of the court, and to [Illegible Text] against, and charge such person with a misdemeanor; and such person, on conviction, for said misdemeanor, shall be punished by paying a fineto be appropriated as the court may directnot exceeding one thousand dollars, or be imprisoned in the common jail, or both; and the Attorney or Solicitor General may, without obtaining leave of the court, charge the felony and misdemeanor in the same indictment, and the jury by whom the said person shall be tried, may find said person guilty of either charge. 26. Mayhem shall consist in unlawfully depriving a

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person, free or slave, of a member, or disfiguring or rendering it useless. 27. If any person shall unlawfully cut out of disable the tongue, put out an eye, slit the nose, ear or lip, or cut off or disable any limb or member of another, with an intention in so doing to maim or disfigure such persan, or shall voluntarily, maliciously and of purpose, pull or put out an eye or eyes, while fighting or otherwise, every such person shall be guilty of mayhem. 28. A person convicted of cutting out or disabling the [Illegible Text], with the intention as expressed in the previous [Illegible Text], shall be punished by confinement and hard labor [Illegible Text] the Penitentiary, for a term not less than two years nor longer than seven years. 29. A person convicted of putting out an eye, with the [Illegible Text], or voluntarily or maliciously, as before expressed, in fight or otherwise, shall be punished by confinement and hard labour in the Penitentiary, for any time not less than one year nor longer than five years.And a person convicted of putting or pulling out the eyes of another, or the eye of another, having but one eye, with a similar intention, or voluntarily or maliciously, while fighting, or otherwise, shall be punished by solitary confinement and labour, for and during the term of his natural life. 30. A person convicted of biting, slitting or cutting off the nose, ear or lip of another, with the intention as before expressed, shall be punished by confinement and labour in the Penitentiary, for a term not less than one year nor longer than three years. 31. A person convicted of cutting off or disabling any limb or member of another, not herein designated, with the intention as before expressed, shall be punished by imprisonment and labor in the Penitentiary, for a term not less than one year nor longer than five years. 32. Rape is the carnal knowledge of a female, forcibly and against her will. 33. Rape shall be punished by an imprisonment at hard labour in the Penitentiary, for a term not less than two years, nor longer than twenty years.

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34. An assault, with intent to commit a rape, shall be punished by imprisonment at hard labour in the Penitentiary, for a term not less than one year nor longer than five years. 35. Sodomy and Bestiality, shall be punished by imprisonment at hard labour in the Penitentiary, during the natural life or lives of the person or persons convicted of these detestable crimes, or either of them. 36. An attempt to commit sodomy or bestiality, shall be punished by imprisonment at hard labour in the Penitentiary, for a term not less than two years nor longer than three years. 37. An assault is an attempt to commit a violent injury on the person of another. 38. A bare assault shall be punished by fine or imprisonment, in the common jail of the county, at the discretion of the court. 39. An assault with an intent to murder, by shooting at or stabbing, or using any weapon likely to produce death, shall be punished by imprisonment at hard labour in the Penitentiary, for a term not less than one year nor longer than five years. 40. All other assaults upon or attempts against persons, not mentioned or enumerated in this Code, but heretofore indictable offences, shall be punished by fine or imprisonment in the common jail of the county, where the offence has been committed, at the discretion of the court. 41. Battery is the unlawful beating of another. 42. Battery shall be punished by fine or imprisonment, or both, at the discretion of the court, in the common jail of the county where the offence may have been committed, and in aggravated cases, requiring greater severity, the court may punish the offender by an imprisonment in the Penitentiary at hard labor, for any term not less than six months nor longer than one year. 43. False imprisonment is a violation of the personal liberty of a free white person or citizen, and consists in confinement or detention, without sufficient legal authority. 44. The arrest, confinement or detention of a person or

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a citizen, by another, having no process, warrant or legal authority to justify it, shall be punished by fine and imprisonment in the common jail of the county where the offence may have been committed, or either, at the discretion of the court; and in all cases of an aggravated nature, the court may order an imprisonment in the Penitentiary, for any term not longer than two years. 45. The arrest, confinement or detention of a free person or citizen, by the warrant, mandate or process of a magistrate, being manifestly illegal, and shewing malice and oppression, the said magistrate shall be removed from office, and such magistrate and all and every person and persons knowingly and maliciously concerned therein, shall be punished by fine and imprisonment in the common jail of the county where the offence may have been committed. 46. All other crimes or offences against the persons of citizens, not mentioned or enumerated in this Code, but heretofore subject to prosecution by the laws adopted or in force in this state, shall in future be punished by fine and imprisonment, or either, in the common jail of the counties where said crimes and offences may have been committed, or by imprisonment at hard labour or in solitude, in the [Illegible Text], as the Court may order and direct. FIFTH DIVISION. Crimes and offences against the habitations of persons. Sec. 1. Crimes against the habitations of individuals, shall consist of, 1st Arson, and 2d Burglary. 2. Arson is the malicious and wilful burning of the house or out house of another. 3. The wilful and malicious burning or setting fire to, or attempting to burn, a house in a city, town or village, shall be punished with death. 4. The wilful and malicious burning a dwelling house on a farm or plantation, or elsewhere, (not in a city, town or village) shall be punished by imprisonment at hard labor in the Penitentiary, for any term not less than five years, nor longer than twenty years. 5. Setting fire to a dwelling house, with intent to burn

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the same, on a farm or plantation, or elsewhere, (not in a city, town or village) shall be punished by imprisonment at hard labor, in the Penitentiary, for a term not less than three years nor longer than ten years. 6. The wilful and malicious burning an out-house, such as a barn, stable, or any other house (except the dwelling house) on a farm or plantation, or elsewhere, (not in a city, town or village) shall be punished by imprisonment at hard labor in the Penitentiary, for any term not less than one year, nor longer than seven years. 7. Setting fire to an out-house as before described, shall be punished by imprisonment at hard labor in the Penitentiary, for any term not less than one year, nor longer than two years. 8. The crime of burning shall be complete, where the house is consumed or generally injured. 9. The offence of setting fire to a house, shall be complete, when any attempt is made to burn, though no material injury is the consequence. 10. Arson in the day time, (except when committed in a city, town or village,) shall be punished with a shorter period of imprisonment, at hard labour in the penitentiary, than arson committed in the night. 11. Arson committed elsewhere than in a city, town or village, which produces the death of any person, shall be punished with the death of the person or persons committing the arson. 12. Burglary is the breaking or entering into the dwelling or mansion house, with intent to commit a felony: All out houses contiguous to, and within the curtilage, or the protection of the mansion house, shall be considered as parts of the mansion or dwelling house. A hired room or apartments in a public tavern, inn or boarding house, shall be considered as the dwelling house of the person or persons occupying and hiring the same. Burglary may be committed in the day or night. 13. Burglary in the day time, shall be punished with an imprisonment, at hard labor in the Penitentiary, for any time not less than one year, nor longer than five years.

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14. Burglary in the night, shall be punished by imprisonment, at hard labor in the Penitentiary, for any time not less than one year, nor longer than seven years. SIXTH DIVISION. Of Crimes and Offences relative to Property. 1. Robbery is the felenious and violent taking of money or goods, from the person of another, by force or intinndation. [Illegible Text] Robbery by open force and violence, shall be punished by imprisonment in the penitentiary at hard labor, or in solitude, for any time not less than one year nor longer than five year s. 3. Robbery by intimidation, or without using force and violence, shall be punished by imprisonment in the [Illegible Text], at hard labour or in solitude, for any time not less than one year nor longer than three years. 4. Theft or larceny, as contradistinguished from robbery, by violence, force or intimidation, shall consist of1st Simple Theft, or Larceny2d, Theft or Larceny from the person3d, Theft or Larceny from the house4th, Theft or Larceny after a trust or confidence has been delegated or reposed. 5. Simple Larceny, is the feloniously taking and carrying away the personal goods of another. 6. Simple Larceny shall embrace every theft which deprives another of his property, or of those means or muniments, by which the right and title to property may be ascertained. 7. Horse-stealing shall be denominated simple larceny or theft. 8. The term horse shall include the animal of both sexes, and without regard to the alterations which may [Illegible Text] made by artificial means. 9. Under the head of horse-stealing, shall be included the theft of mule or ass, or any animal, the hoof of which is not cloven. 10. The offence shall in all cases be charged as horse-stealing, but the indictment shall designate the sex of the

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animal, and give any other description by which its identity may be ascertained. 11. The stealing or theft of a horse, mule or ass, shall be punished by imprisonment at hard labour in the penitentiary, for any time not less than one year nor longer than five years. 12. The stealing of horses, mules or asses shall be punished by imprisonment at hard labor in the penitentiary for any time not less than two years nor longer than seven years. 13. Cattle stealing shall include the theft or larceny of any horned animal or animals, and all animals having the hoof cloven, except hogs. 14. The indictment shall sufficiently describe the animal or animals, falling under the preceding section, so that it, or they, may be ascertained and identified, by the owner or owners thereof. 15. The stealing of one or more animals, under the before given description of cattle, shall be punished by fine and imprisonment in the common jail of the county where the offence may have been committed, as the court may order and direct, for any time not less than six months, nor longer than one year, or at hard labor in the Penitentiary, for a term not less than one year nor more than five years. 16. The stealing of a hog or hogs, shall be punished by confinement in the common jail of the county where the offence may have been committed, for any time not less than one month nor longer than six months, or by confinement at hard labor in the Penitentiary for a term not less than one year, nor more than two years. 17. If any person or persons, shall alter or change the mark or brands, of any animal or animals before mentioned, with an intention to claim the same, or to prevent identification by the true owner, or owners thereof, the person or persons, so offending, shall suffer the same punishment, and the court shall exercise the same discretion, as is inflicted and given, for the theft of the said animal or animals. 18 All other domestic animals or creatures, which [Illegible Text] fit for food, may be subjects of larceny.

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19 The punishment for the theft of such domestic animals, or creatures, which are fit for food, shall be by fine or imprisonment, or both, in the common jail of the county, as the court may order and direct. 20 Larceny may be committed of writings relating to real or personal estate. 21 If any person shall take and carry away any paper or papers, documents, deeds or other writings, relating to real or personal estate, with an intention to impair, prevent, or render difficult, the establishment of a title to real or personal estate, or mutilate, cancel, burn, or otherwise destroy said papers, documents, deeds or writings, with the same intention, such person shall be considered guilty of simple larceny, or theft, and punished by imprisonment in the Penitentiary, at hard labor or in solitude, for any time not less than one year nor longer than two years. 22 The theft of a bond or bonds, note or notes, bank bill or bills, or any paper or papers, securing the payment of money, or other thing, or of a receipt or receipts, or any paper or papers, operating as a discharge for the payment of money or other thing, shall be punished in the same manner as the theft of the money the said bond or bonds, note or notes, bill or bills, or other papers, were meant to secure; or, of the money the said receipt or receipts, or other paper or papers were meant to discharge the payment thereof; the punishment for this larceny shall be imprisonment at hard labour in the penitentiary, or in solitude, for any time not less than one year nor longer than three years. 23. Theft or larceny may be committed of any thing or things, which in the language of the law, savours of the reality, or of any fixture or fixtures, and the punishment shall be fine or imprisonment, or both, in the common jail of the county, as the court may [Illegible Text] and direct. 24. Plundering or stealing from a vessel in distress or from a wreck, within the jurisdictional limits of this state, shall be punished by imprisonment at hard labour in the penitentiary, for any time not less than one year, nor longer than five years.

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25. If an officer or servant or other person employed in a Bank, deriving its charter from the Legislature of this state, or the United States, shall steal, secrete, or embezzle, or runaway with, any note or notes, bank bill or bills, warrant or warrants, bond or bonds, deed or deeds, security or securities, draft or drafts, check or checks, money or effects, entrusted with him or the directors of said bank, such offender shall be punished by imprisonment at hard labour or in solitude, in the penitentiary, for any time not less than three years nor longer than seven years. 26. Any person or persons who shall feloniously take and carry away a slave, shall be punished by imprisonment at hard labour in the penitentiary, for any time not less than three years nor longer than seven years. 27. If any person or persons shall, by any enticement, or by giving a pass, or by any other means, induce a slave or slaves to runaway from his, her or their owner or owners, with an intention feloniously to sell said slave or slaves, or otherwise to deprive the said owner or owners of the services of said slave or slaves, such person or persons, so offending, shall be punished by imprisonment at hard labour, for any time not less than three years nor longer than seven years. 28. All larcenies or simple thefts of the personal goods of others, not mentioned or particularly designated in this Code, shall be punished by imprisonment in the common jail of the county where the said offences may have been committed; or by imprisonment in solitude or at hard labor, in the penitentiary; but no imprisonment shall be directed or ordered in the penitentiary, unless the goods stolen shall be of the value of twenty dollars. 29. In every case of simple larceny or theft, not mentioned in this code, the person convicted shall be imprisoned in the common jail of the county, or in the penitentiary, which imprisonment shall in no case exceed one year. Theft, or Larceny, from the person. 30. Theft or larceny from the person, as distinguished from robbery before described, is the offence of feloniously

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taking any money, goods, effects or chattels, or any [Illegible Text] of value, from the person of any other, privately without his knowledge, in any place whatever. 31. A person convicted of this class of larceny, shall be imprisoned in the penitentiary at hard labor or in solitude, for any time not less than one year nor longer than five years. 32. If the goods, money, chattels, or effects, or any article so privately stolen from the person, do not amount to or are of the value of twenty dollars, then the person convicted shall be punished by imprisonment in the common jail of the county where the offence may have been committed, for any time not longer than one year, as the court may order and direct. 33. If this offence be committed in a public place, or where many persons are assembled, it shall be considered as greatly adding to the criminality of the action, and the punishment shall be proportionably increased and enlarged, as the court before whom the conviction takes place may order and direct. 34. Any sort of secret, sudden or felonious taking from the person, without using intimidation, or open force and violence, shall be within this class and description of larceny, though some small force be used by the thief, to possess himself of the property. Provided, there be no resistance by the owner or injury to his person, and all the circumstances of the case shew that the thing was taken, not so much against, as without the consent of the owner. Larceny from the House. 35. Larceny from the house is the entering or breaking any house (other than a dwelling house or its appurtenances) with an intent to steal, or after entering, or breaking said house, stealing therefrom any money, goods, chattels, wares, merchandize or any thing or things of value, whatever. 36. All and every person and persons, who by night or day, shall in any store, shop or warehouse, or any other house or building, privately and feloniously steal any

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goods, wares or merchandize, or any other article or articles, thing or things of value, [Illegible Text] such store, shop or warehouse, or other house or building, be not actually broken open by such offender or offenders, or shall assist, hire or command any person to commit such offence, shall be punished by imprisonment at hard labor, or in [Illegible Text], in the Penitentiary, for any time not less than one year, nor longer than five years. 37. Any person or persons entering a house or building as before described, with intent to steal, but is detected and prevented from so doing, shall be punished by imprisonment at hard labor in the Penitentiary, or in [Illegible Text], for any period not less than one year, nor longer than three years. 38. Any person or persons breaking any part of a house or building, as before described, with intent to steal, but is detected and prevented from effecting such intention, shall be punished by imprisonment in solitude, or at hard labor in the Penitentiary, for any time not less than one year, nor longer than three years; but if the owner of said house or building, or any other person be in the house at the time of such breaking, and put in fear, then the said offender or offenders shall be punished by imprisonment at hard labor in the Penitentiary, for any time not less than two years, nor longer than seven years. 39. Any person breaking and entering a house or building, as before described, with intent to steal, but is detected and prevented from carrying such intention into effect, shall be punished by imprisonment in solitude, or at hard labor in the Penitentiary, for any time not less than one year, nor longer than three years; and any person breaking and entering any house, as before described, under this class of larceny, and stealing from said house or building, any goods, wares or merchandize, article or articles, thing or things of value, shall be punished by imprisonment at hard labor in the Penitentiary, for any time not less than two years, nor longer than five years. 40. If the said breaking, entering and stealing, be accompanied by any violence, menace or threat, or by alarming and putting in fear, any person in said house;

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then the imprisonment at hard labor shall be extended to the longest period mentioned under this class of larceny. 41. Entering or breaking with intent to steal, entering and stealing, breaking and stealing, breaking and entering with intent to steal, breaking, entering and stealing from any house, building or edifice belonging to the State or a corporate body, or appropriated for any public purpose, shall be punished in the same manner as if the offence had been committed in a private house or building as before described under this head of larceny. 42. Accessories or persons assisting, commanding or advising any person to commit any offence under this class of larceny, shall receive the same punishment as may be inflicted on the principal or principals. 43. Any person entering and stealing from any hut, [Illegible Text], booth or temporary building, shall be punished in the same manner as if the offence had been committed by privately stealing from a house or building, as before described, under this class of larceny. Theft or Larceny after a trust has been delegated or a confidence reposed. 44. Any servant, officer or person employed in any public department, station, or office of the government of this state, or any county of this state, or in any office of a corporate body, who shall embezzle, steal, secrete or fraudulently take and carry away, any money, goods, chattels, effects, bond or bonds, promissory note, or notes commonly called bank bills or notes, or any other security for the payment of money of whatever description it may be, being the property of said state, county or corporate body, shall be punished by imprisonment at hard labor in the Penitentiary, or in solitude, for any time not longer than five years. 45. If any person shall fraudulently or maliciously, tear, burn, or in any other way destroy any deed, lease, will, bond, or any other writing sealed, or any bank bill or note, check, draft, or other security for the payment of money or the delivery of goods, or any certificate or other public security of this State, or of the United States, or

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any of them, for the payment of money, or any receipt, acquittance, release, discharge of any debt, suit or other demand, or any transfer or assurance of money, stock, goods, chattels or other property, or any letter of attorney or other power, or any day-book or other book of account, or any agreement or contract whatever, with intent to defraud, prejudice or injure any person or body corporate, the person so offending, shall on conviction, be punished by paying a fine not exceeding one thousand dollars, and also be imprisoned in the Penitentiary at hard labor, or in solitude, for any time not less than one year, nor longer than three years. 46. If any person shall knowingly, maliciously or fraudulently cut, fell, alter or remove any certain boundary tree, or other allowed land-mark, to the wrong of his neighbor or any other person, he or she shall, on conviction, be punished by paying a fine not exceeding five hundred dollars, and be imprisoned in the common jail of the county, for any time not exceeding one year, or be confined in the Penitentiary at hard labor, not exceeding one year, as the court may order and direct. Forgery and Counterfeiting. 47. If any person or persons shall falsely make, forge, alter or counterfeit, or cause or procure to be falsely made, forged, altered or counterfeited, or willingly act or assist in falsely making, forging, or counterfeiting any audited certificate, or other certificate, issued or purporting to have been issued by the Auditor General, or other officer authorised to issue the same, or any order or warrant issued, or purporting to have been issued, by the Governor, or the President of the Senate, or Speaker of the House of Representatives of the General Assembly of this State, or by any officer of the Government or authorised person, on the Treasury of said state, for any money or other thing, or any warrant for land, issued or purporting to have been issued by the justices of any land court, or by any other tribunal, officers or person authorised to do so within this state, or any certificate, draft, warrant or order, from any of the public officers of this state, issued or purporting to

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have been issued under, or by virtue of, an act or [Illegible Text] of the Legislature or General Assembly of this state, or any certificate, draft or order, or warrant, issued or purporting to have been issued, by any court, officer or person authorised to draw on the Treasury of this State, or for public money, wherever the same may be deposited, or any deed, will, testament, bond, writing obligatory, bill of exchange, promissory note, or order for money or goods, or any acquittance or receipt, or any indorsement or assignment of any bond, writing obligatory, bill of exchange, promissory note, or order for money or goods, with intent to defraud the said state, public officer or officers, courts, or any persons authorised, or any person or persons whatever, or shall [Illegible Text] or publish as true, any false, forged, altered or counterfeited audited certificate, Governor's, President's, Speaker's, or other public officer, court's or person's duly authorised, certificate, draft, warrant or order, so as aforesaid issued or purporting to have been issued, or any deed, will, testament, bond, writing obligatory, bill of exchange, promisory note, or order for money or goods, or acquittance and receipt for money or goods, or any indorsement or assignment of, a-any bond, writing obligatory, bill of exchange, promisory note or order for money or goods, with intent to defraud the said state, public officers, courts or persons authorized as aforesaid; or any person or persons, whatsoever, knowing the same to be so falsely made, forged, altered or counterfeited, every such person or persons, so offending, and being thereof convicted, shall be punished by imprisonment in the penitentiary, at hard labor or in solitude, for any period of time not less than two years nor longer than ten years. 48. If any person shall falsely and fraudulently make, forge, or counterfeit, or be concerned in the false and fraudulent making, forging and counterfeiting of any gold, silver or copper coin, which now is or shall be passing or in circulation within this state, or shall falsely and fraudulently make, or be concerned in the false and fraudulent making, of any base coin, of the likeness or similitude of any gold, silver or copper coin, which now is, or

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shall be passing or in circulation within this state; or shall falsely and fraudulently utter, publish, pay, or tender in payment, any such counterfeit and forged coin, of gold, silver or copper, or any base coin, knowing the same to be forged and counterfeited or base, or shall aid or abet, counsel or command the perpetration of either of the said crimes, such person shall, on conviction, be punished by a fine not exceeding five hundred dollars, and also, undergo an imprisonment at hard labor or in solitude, in the Penitentiary, for a period of time not exceeding ten years. 49. If any person shall falsely and fraudulently make, sign or print, or be concerned in the false and fraudulent making, signing or printing any counterfeit note or bill, of a bank of this state, or the note or bill of any incorporated bank, whose notes or bills are in circulation in this state; or falsely and fraudulently cause or procure the same to be done, such person, on conviction, shall be punished by imprisonment in the penitentiary at hard labor or in solitude, for any period not exceeding ten years. 50. If any person shall falsely and fraudulently make, sign or print, or be concerned in the false and [Illegible Text] making, signing or printing, of any check or draft, upon any bank of this state, or bank as aforesaid; or falsely or fraudulently cause or procure the same to be done, such person on conviction shall suffer the same punishment, as is mentioned for the crime, in the preceding section. 51. If any person shall falsely and fraudulently alter, or be concerned in the false and fraudulent alteration of any genuine note, bill, check, or draft as aforesaid; or falsely and fraudulently cause or procure the same to be done, the person so offending, shall suffer the same punishment as is prescribed for the crime of falsely and [Illegible Text] making, signing and printing any bank bill or note in the forty-ninth section. 52. If any person shall falsely and fraudulently pass, pay or tender in payment, utter or publish, any false, forged, counterfeit or altered note, bill, check or draft, as aforesaid, knowing the same to have been falsely and

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fraudulently forged, counterfeited or altered, the person so offending shall, upon conviction, be punished by imprisonment, at hard labor or in solitude in the penitentiary, for any time not exceeding ten years. 53. If any person shall have in his or her possession, any such false, forged, counterfeit or altered note or notes, bill or bills, draft or drafts, check or checks, with intention fraudulently to pass the same, such person on conviction, shall be punished by imprisonment at hard labor in the Penitentiary, for any period of time not exceeding fifteen years. 54. If any person shall have in his or her possession, any bank paper, types, plates or machinery for the purpose of falsely or fraudulently forging and counterfeiting any notes, bills, checks or drafts as aforesaid, the person so offending shall be punished by imprisonment at hard labor in the Penitentiary, for any period of time not exceeding ten years. 55. If any person shall falsely and fraudulently make, forge, counterfeit or alter any note, bill, draft or check of or on any person, body corporate, company, or mercantile house or firm, or purporting so to be, or fraudulently and falsely utter, publish, pass, pay, or tender the same in payment, or demand payment of the same, knowing the said bill, note, draft or check to be forged and counterfeit, or falsely and fraudulently altered, such person so offending, shall be punished by imprisonment in the Penitentiary, at hard labor or in solitude, for any period of time not exceeding ten years. 56. If any person shall fraudulently make, sign, or alter, or be concerned in the fraudulent making, signing or altering any other writing, with intent to defraud any person or persons, or body corporate, or shall fraudulently cause or procure the same to be done, the person or persons so offending shall, on conviction, be punished by imprisonment at hard labor in the Penitentiary, for any period of time not exceeding five years. 57. If any person shall falsely and fraudulently forge, or counterfeit, or falsely be concerned in the forging and counterfeiting the great seal of this State, or any seal used

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for government purposes, the public and common seal of any court, office, county, or a corporation, or any other seal authorised by law, or shall falsely and fraudulently cause or procure the same to be forged and counterfeited, or shall falsely, fraudulently and knowingly impress or cause to be impressed, any instrument whatever, whether the same be written or printed, or partly written and partly printed, with such forged and counterfeit seal, or shall falsely, fraudulently and knowingly annex or affix, or cause to be annexed or affixed to any such instrument, such forged and counterfeit seal, or shall falsely and fraudulently utter or publish any instrument or writing whatever, impressed with such forged and counterfeit seal, knowing the same to be forged and counterfeit, the person so offending shall be punished by imprisonment in the Penitentiary at hard labor, or in solitude, for any period of time not exceeding ten years. 58. Any person, who shall draw or make a bill of exchange, or promisory note, or indorse or accept the same, in a fictitious name, shall be guilty of forgery, and on conviction, be punished by imprisonment at hard labor for any period of time not exceeding five years. 59. If any person shall put his own name to any instrument, representing himself to be a different person of that name, such person shall be guilty of forgery, and upon conviction, shall be punished by imprisonment in the penitentiary, at hard labor or in solitude, for any period of time not exceeding seven years. 60. If any person shall designedly, by color of any counterfeit letter or writing, made in any other person's name, or fictitious name, obtain from any person, money, goods, chattels, or other valuable thing, with intent to defraud any person, mercantile house or body corporate, of the same, the person so offending, shall be punished by imprisonment in the penitentiary, at hard labor or in solitude, for any period of time not exceeding five years. SEVENTH DIVISION. Crimes and Offences against the Public Justice. Sec. 1. If any person shall wilfully and corruptly

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commit perjury, or shall by any means procure or suborn any person to commit wilful and corrupt perjury, on his or her oath or affirmation, legally administered in any judicial proceeding, matter or cause, which may be depending in any of the courts of this state, or before any judge, justice, mayor, alderman, or other magistrate, or before any Notary Public, Arbitrator or Clerk, or in any deposition or affidavit, taken for any purpose whatever, or in any deposition taken pursuant to the laws of this state, or of the rules, orders and directions of any court, judge or arbitrator; or if any person in taking any other oath or affirmation, required by any act of the General Assembly of this state, shall be guilty of wilfully and corruptly making a false oath or affirmation, or if any person shall procure or suborn to make any such false oath or affirmation, every person so offending shall on conviction, be punished by imprisonment in the penitentiary, at hard labor or in solitude, for any time not less than three years nor longer than ten years; and shall moreover be forever disqualified from being a witness in any matter in controversy. 2. Any verdict or judgment, rule or order of court, which may have been obtained or entered up, shall be set aside and be of no effect, if it shall appear that the same was obtained or entered up in consequence of wilful and corrupt perjury; and it shall be the duty of the court in which such verdict, judgment, rule or order may have been obtained or entered up, to cause the same to be set aside upon motion and notice to the adverse party; but it shall not be lawful for the said court to do so, unless the person charged with said perjury, shall have been thereof duly convicted, and unless it shall appear to the said court, that the said verdict, judgment, rule, or order could not have been obtained or entered up, without the evidence of such perjured person, and unless the application to set aside such verdict, judgment, rule, or order shall be made within one year after the same shall have been obtained or entered up, saving always to third persons innocent of such perjury, the right which they may have lawfully acquired under such verdict, judgment, rule,

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or order, before the same shall have been actually vacated and set aside. 3. If any person by wilful and corrupt perjury, shall take away the life of another, or by such wilful and corrupt perjury, convict another of any offence which by this code is punishable with death or perpetual imprisonment, such person shall be punished with death or perpetual imprisonment. 4. If any person shall directly or indirectly, give or offer to give, any money, goods or other bribe, present or reward, or give or make any promise, contract or agreement for the payment, delivery, or alienation of any money, goods, or other bribe, or use any promises, threats, persuasions, or other like sinister, unfair or fraudulent practices, in order to obtain or influence the opinion, judgment, decree, or behaviour of any member of the General Assembly, or any officer of this State, judge, juror, justice, referree or arbitrator in any discussion, debate, action, suit, complaint, indictment, controversy, matter or cause depending, or which shall depend before him or them; such person shall, on conviction be punished by imprisonment in the Penitentiary at hard labor, or in solitude, for any time not exceeding five years; and the member of the General Assembly, or officer, judge, juror, justice, referree, or arbitrator, who shall accept or receive, such bribe, shall on conviction, be punished by imprisonment in the Penitentiary at hard labor, for any period of time not exceeding ten years. 5. If any judge, justice, mayor, alderman, clerk, sheriff, coroner or other public officer, or any other person whatever, shall steal, embezzle, alter, corrupt, withdraw, falsify or avoid, any record, process, charter, gift, grant, conveyance or contract, or shall knowingly and willingly take off, discharge or conceal, any issue, forfeited recognizance or other forfeiture, or shall forge, deface or falsify, any document or instrument recorded, or any registry, acknowledgment or certificate, or shall alter, deface or falsify, any minute, document, book, or any proceeding whatever, of or belonging to any public office within this state; or if any person shall cause, or procure any of the

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offences aforesaid to be committed, or be in any wise concerned therein, the person so offending shall be punished by imprisonment in the penitentiary, at hard labor or in solitude, for any time not less than one year, nor longer than ten years. 6. If any jailor, by too great a duress of imprisonment, or other cruel treatment, make or induce a prisoner to become an approver, or accuse and give evidence against [Illegible Text] other person, or be guilty of wilful inhumanity or oppression to any prisoner under his care custody; such jailor shall be punished by removal from office and imprisonment in the penitentiary, at hard labor or in solitude, for any time not less than one year nor longer than two years. 7. If any officer, after the expiration of the time for which he may have been appointed or elected, shall wilfully and unlawfully, withhold or detain from his successor, the records, papers, documents or other writings, appertaining and belonging to his office, or mutilate, destroy, take away, or otherwise prevent the complete possession by his said successor, of said records, documents, papers or other writings, such person so offending, shall be sentenced to pay a fine, and to undergo imprisonment in the common jail of the county, as the court may order and direct. 8. If any person shall acknowledge, or procure to be acknowledged, in any of the courts of this state, any recognizance, bail or judgment, in the name of any other person, not privy or consenting thereto; such person on conviction, shall be imprisoned in the penitentiary at hard labor or in solitude, for any period of time not exceeding three years. 9. If any person shall knowingly and wilfully obstruct, resist or oppose any sheriff, coroner or other officer of this state, or other person duly authorised, in serving or attempting to serve or execute, any lawful process, or order of any court, judge, justice or arbitrators, or any other legal process whatever, or shall assault or beat any sheriff, coroner, constable or other officer, or person duly authorised, in serving, or executing any process or order aforesaid, or for having served or executed the same; every

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person so offending, shall on conviction be imprisoned in the common jail of the county, for any time not exceeding one year, as the court may order and direct: provided, any officer whatever that may or shall assault or beat any individual, under color of his commission, without a lawful necessity to do so, shall, on conviction, be imprisoned in the common jail of the county, for any time not exceeding one year, as the court may order and direct. 10. If any person shall rescue another in legal custody on criminal process, such person shall receive the same punishment as the person rescued would on conviction be sentenced to receive, and if the person so rescued, shall not have been tried, or shall have been acquitted, it shall be lawful to charge the person [Illegible Text] as for a misdemeanor, and upon conviction, he shall be imprisoned in the common jail of the county, for any period of time not exceeding one year, as the court shall or may order and direct. 11. If any person or persons shall rescue another in legal custody on civil process, such person or persons shall be indicated, and on conviction, shall be sentenced to pay a fine equal to the amount of the debt or demand for which such process was issued, and the said person or persons, shall be imprisoned in the common jail of the county, at the discretion of the court. 12. If any person shall aid or assist a prisoner lawfully committed or detained in any jail, for any offence against this state, or who shall be lawfully confined by any civil process, to make his or her escape from jail, although no escape be actually made; or if any person shall convey or cause to be delivered to such prisoner, any disguise, instrument or arms, proper to facilitate the escape of such prisoner; any such person, although no escape or attempt to escape be actually made, shall on conviction, be punished by imprisonment at hard labor in the Penitentiary, for any time not exceeding two years. 13. If any person shall aid or assist any prisoner to attempt to escape from the custody of any sheriff, constable, officer or other person, who shall have the lawful charge of such prisoner, every person so offending, shall

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on conviction, undergo an imprisonment in the Penitentiary, for any time not exceeding five years. 14. If any person confined in the Penitentiary, shall escape therefrom, and be thereafter retaken, such person shall be indicted for an escape, and being thereof convicted, shall be imprisoned for a term not exceeding three times the term of his original imprisonment: Any person who shall aid or assist a prisoner confined in the Penitentiary to escape, or in an attempt to escape therefrom, being thereof convicted, shall be imprisoned at hard labor in the Penitentiary for a term not exceeding double the time of the imprisonment which the person so escaping or attempting to escape, was sentenced to undergo. 15. If any sheriff, coroner, keeper of a jail, keeper, other officer, or person, employed in the penitentiary, having any offender, guilty or accused of or confined for any crime, in his custody, shall voluntarily permit or suffer such offender to escape and go at large, every such sheriff, coroner, keeper of a jail, keepers, officer or other person employed in the penitentiary, constable, or other officer or person, so offending, shall on conviction, undergo an imprisonment in the penitentiary, at hard labor or in solitude, for any time not less than five years nor exceeding seven; and shall moreover, if a public officer, be dismissed from office. 16. If any sheriff, coroner, keeper of a jail, or other officer, shall wilfully refuse to receive any offender charged with or guilty of an indictable offence, or committed as a witness on the part of this state, or having such offender or witness in his custody, shall voluntarily permit or suffer him or her to escape and go at large, then every such sheriff, coroner, keeper of a jail, constable or other officer or person so offending, shall on conviction, under an imprisonment in the Penitentiary, for a period of time not exceeding seven years. 17. If any person or persons shall buy or receive any goods or chattels, that shall be feloniously taken or stolen from any other person, knowing the same to be stolen, he, she or they, shall be taken and deemed an accessory or accessories, after the fact, and shall incur the same punishment

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as would be incurred and inflicted on the person or persons convicted of having stolen the [Illegible Text] goods or chattels, so bought or received, knowing the same to be stolen. 18. If any person shall receive, harbor or conceal any burglars, felons or thieves, knowing them to be so, he, she or they, shall be taken as accessory or accessories, after the fact, and being convicted, shall be punished by imprisonment in the penitentiary, at hard labor or in solitude, for any time not exceeding three years. 19. If the principal thief or thieves, cannot be taken, so as to be prosecuted and convicted, it shall and may be lawful to prosecute any person buying or receiving any goods stolen, by such principal thief or thieves, knowing the same to be stolen, as for a misdemeanor, although the principal theif or thieves be not before convicted, or whether he or they are amenable to justice or not; and on conviction, every person so buying or receiving stolen goods, knowing them to be stolen, shall undergo an imprisonment in the penitentiary, at hard labor or in solitude, for any time not exceeding five years; and this prosecution and punishment shall exempt the offender from being tried and punished as accessory, if such principal thief or thieves shall be afterwards taken and convicted. 20. If any person shall take money, goods, chattels, lands or other reward, on promise thereof to compound any treason, exciting, or attempting to stir up and excite, an insurrection or revolt of slaves, murder, manslaughter, rape, sodomy, arson, forgery, burglary, house-breaking, robbery, larceny, receiving stolen goods or other property, escape, rescue, breach of prison, bribery, perjury, or subornation of perjury, or any other offence, heretofore denominated felony, or any offence punishable in this code with imprisonment in the penitentiary, at hard labor, or in solitude, for a period of two years or longer; every person so offending shall, on conviction, be sentenced to undergo an imprisonment in the penitentiary, for any time not exceeding five years. 21. If any person informing, or prosecuting, under pretence of any penal law, shall compound with the offender,

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or direct the suit or information to be discontinued, unless it be by leave of the court where the same is brought, every person so offending, shall on conviction, be sentenced to pay a fine equal to so much of the penalty, as he or she would be entitled to, if the defendant or party prosecuted had been found guilty or convicted. 22. If any two or more persons shall conspire or agree falsely and maliciously, to charge or indict, or to cause or procure to be charged and indicted any person, he, she, or they, so offending, shall on conviction, be sentenced to undergo an imprisonment at hard labor in the penitentiary, for a period of time not exceeding five years. 23. If any person shall be found and adjudged a common barater, vexing others with unjust and vexatious suits, he shall on conviction be sentenced to pay a fine not exceeding five hundred dollarsAnd if the offender belongs to the profession of the law, he shall also be disqualified from practising for the future. 24. Embracery, is an attempt to influence a jury corruptly to one side, by promises, persuasions, entreaties, money, entertainments and the like.Every Embracer, who shall procure any juror to take money, gain or profit, or shall corruptly influence a juror by persuasions, promises, entreaties, or by any other means, shall be punished by imprisonment in the penitentiary not exceeding three years; and the juror convicted of taking money, gain or profit, or of corruptly being influenced as aforesaid, shall be sentenced to be imprisoned in the penitentiary at hard labor, for any time not less than three years, nor exceeding five years, and moreover be for ever disqualified to act as a juror. 25. Any Justice of the Peace, charged with mal-practice in office, by using of oppression, tyrannical partiality or any other conduct unbecoming his character as an upright magistrate, in the administration, and under color of his office, shall upon conviction be sentenced to pay a fine, or to be imprisoned in the common jail of the county, as the court may order and direct, and also be removed from office. 26. If any person shall knowingly send or deliver any

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letter or writing, threatening to accuse another person of a crime, with intent to extort money, goods, chattels, or other valuable thing, or threatening to maim, wound, kill or murder, or to burn his or her house, or other property, (though no money, goods, chattels, or other valuable thing be demanded,) any such person so offending, shall, on conviction, be sentenced to undergo an imprisonment at hard labor or in solitude, in the penitentiary, for any time not exceeding two years. 27. Any other offences against the public justice, heretofore punishable by indictment in the courts of this state, or which may occur, shall be punished by imprisonment in the common jail of the county, or fine, or both, at the discretion of the court. EIGHTH DIVISION. Offences against the Public Peace and Tranquility. 1. If two or more persons assemble, for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse upon being desired or commanded so to do, by a judge, justice, sheriff, constable, or other public officer, persons so offending, shall be guilty of a misdemeanor, and on conviction, shall be fined or imprisoned in the common jail of the county, as the court may order and direct. 2. If any two or more persons, either with or without a common cause of quarrel, do an unlawful act of violence, or any other act in a violent and tumultuous manner, such persons so offending, shall be guilty of a Riot, and on conviction shall be sentenced to pay a fine, or be imprisoned in the common jail, or both, as the court may order and direct; but if the circumstances attending the riot shall be of an attrocious or aggravated nature, the offenders may, at the discretion of the court, be fined and imprisoned in the penitentiary, for any time not exceeding two years. 3. Affrays, are the fighting of two or more persons in some public place, to the terror of the citizens, and great disturbance of the public tranquility.Persons so offending shall be indicted, and on conviction, shall be fined or

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imprisoned in the common jail of the county, or both;and it shall be considered as a great aggravation of this offence, if any contempt or disobedience of the magistrate or other public officer commanding the peace, shall be proven. 4. That from and after the passing of this act, all officers civil and military, that hereafter may be appointed, shall take and subscribe the following oath, in addition to the other oath or oaths already prescribed, before they enter on the duties of their respective appointments, viz: I. A. B. do solemnly swear in the presence of Almighty God, that I have not since the first day of July, eighteen hundred and eighteen, been engaged in a duel, either directly or indirectly, as principal or second, or in any other character whatever, or giving or accepting, carrying or receiving, a challenge, or in any other manner whatever, been concerned therein, either within or without the limits of this state, since I have first resided within this state. 5. If any justice or other officer, bound to preserve the public peace, shall have knowledge of an intention to fight with any deadly weapon given or received, and not use and exert his official authority to arrest the parties and prevent the duel, such justice or other officer shall, for such neglect of duty, be indicted, and on conviction, dismissed from office. 6. If any person or persons shall, in any newspaper or hand bills, written or printed, publish or proclaim any other person or persons as a coward, or use any other opprobrious and abusive language for not accepting a challenge or fighting a duel, such person or persons so offending, shall on conviction, be sentenced to pay a fine not exceeding five hundred dollars, as the court may order and direct. 7. The publisher or printer of any newspaper, hand bill or other publication shall, in all publications under the last mentioned section, be summoned as a witness, and be accepted by the court as a good witness against the writer or writers of such publication or hand bill, and if the said printer or printers, when summoned before the court,

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shall refuse to give up the writer's name or names, the court shall consider him or them as guilty of a [Illegible Text] contempt, and proceed to punish him or them in an exemplary manner. 8. A libel is a malicious defamation, expressed either by printing or writing or signs, pictures and the like, tending either to blacken the memory of one who is dead, or the honesty, virtue, integrity, or reputation of one who is alive, and thereby exposing him to public hatred, contempt or ridicule; every person convicted of this offence, shall be sentenced to pay a fine not exceeding one thousand dollars, and undergo an imprisonment in the common jail of the county for any time not exceeding one year, as the court may order and direct. 9. In all cases of indictment for a libel, the person prosecuted shall be allowed to give the truth in evidence. 10. All other offences against the public peace shall be prosecuted and indicted as heretofore, but the punishment in every case shall be fine or imprisonment in the common jail of the county, or both, at the discretion of the court. NINTH DIVISION. Offences against the public morality, health and police. Sec. 1. If any person shall have two wives or two husbands, at one and the same time, knowing of the living and existence of such wife or husband, he or she shall on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment at hard labor in the Penitentiary, for any time not exceeding three [Illegible Text] the second marriage shall be void; but long absence of the wife or husband, and no information of the fate of such husband or wife, shall be cause of acquittal of the person indicted; and in every case the issue of such second marriage, born before the commencement of any prosecution for bigamy, or within the ordinary time of gestation thereafter, shall notwithstanding the invalidity of such marriage, be considered as legitimate. 2. If any man or woman being unmarried, shall knowingly marry the husband or wife of another person, such

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man or woman, shall, on conviction, be sentenced to undergo an imprisonment in the penitentiary for any time not exceeding three years. 3. If any person shall commit incestuous fornication or adultery, or intermarry within the degrees of consanguinity or affimty, established by law, he or she shall, on conviction, be sentenced to undergo an imprisonment in the penitentiary, for a period of time not exceeding two years. 4. Any man and woman who shall live together in an open state of adultery, fornication, or adultery and fornication, which will be sufficiently established by any circumstances which raise the presumption of cohabitation and unlawful intimacy, or who shall otherwise commit adultery, fornication, or adultery and fornication, shall be severally indicted, and on conviction, such man and woman shall be severally sentenced to pay a fine not exceeding five hundred dollars, and on conviction a second time, a fine of one thousand dollars, and for every repetition of the offence, a fine in the same proportion; and moreover, may be imprisoned in the common jail: But it shall at any time be in the power of the parties to prevent or suspend the prosecution by marriage, if such marriage can be legally solemnized. 5. If any person shall be guilty of open lewdness, or any notorious act of public indecency, tending to debauch the morals, or keeping open tipling houses on the sabbath day or on the sabbath night, he or she shall be indicted, and on conviction, shall be fined and imprisoned at the discretion of the court. 6. If any person shall, for his or her emolument or livelihood, maintain and keep a lewd house or place for the practice of fornication, either by themselves or others, he or she shall, on conviction, be sentenced to pay a fine or be imprisoned at the discretion of the court. 7. If any person shall keep and maintain a common ill governed and disorderly house, to the encouragement of idleness, gaming, drinking, or other misbehavior, to the common disturbance of the neighborhood or orderly citizens, he or she shall on conviction, be sentenced to pay a fine or be imprisoned at the discretion of the court.

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8. If any person shall, by himself, servant, or other agent, for his gain or living, keep, have, exercise or maintain a common gaming house, table or room, or in any house or place occupied by him, procure or permit any persons to frequent or come together to play for money, or any other valuable thing, at any game, he or she on conviction, shall be sentenced to pay a fine or be imprisoned, at the discretion of the court. 9. Any person or persons, who may be found playing and betting, or playing or betting, at any game with cards, dice, checks, or at billiards, or any other instrument, article or articles, thing or things whatsoever, heretofore used or which may hereafter be used, for the purpose of betting upon, or winning, or losing money or any other thing or things, article or articles of value, or any property, or any other article or articles, thing or things of value, may be indicted, and on conviction thereof, shall be fined in a sum not less than fifty nor more than five hundred dollars, one half to the benefit of the informer and the other half for the use of the county where the offence may have been committed: Provided, that this act shall not be construed to extend to horse racing, shooting with guns of any description used against an enemy, wrestling, jumping, foot racing, five playing, pitching with coits or dollars, or any other peaceable and civil athletic exercise of man or men, not herein particularly enumerated. 10. That it shall be the duty of the Judges of the Superior courts of this state, at the opening or commencement of every court, to give in charge to the grand juries respectively, the substance and intention of the Legislature, as contained in the several sections in this code relative to gambling. 11. That it shall be lawful for any lawful officer, with legal authority, to break open suspected rooms or houses, where it is commonly known that gaming is carried on, and to take any persons found gaming, and to bind them over to the next Superior court to be held in and for the county where such offences may be committed. 12. All nuisances not here mentioned, which tend to annoy

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the community, or injure the health of the citizens in general, or to corrupt the public morals, shall be indictable and punishable by fines or imprisonment, at the discretion of the court. And any nuisance which tends to the immediate annoyance of the citizens in general, is manifestly injurious to the public health and safety, or tends greatly to corrupt the manners and morals of the people, may be removed or suppressed by the order of any two or more justices of the peace of the county, founded upon the opinion and verdict of twelve freeholders of the same, who shall be summoned, sworn and empanneled for that purpose; which order shall be directed to and executed by the Sheriff of the county, or his deputy; and if the nuisance exist in a town or city, under the government of a Mayor, Intendant, Aldermen, Wardens, or a Common Council, such nuisance, by and with the advice of said Aldermen, Wardens or Council, may be removed or suppressed by order of said Mayor or Intendant; which order shall be directed to, and executed by, the Sheriff or Marshal of said town or city, or his deputy; and reasonable notice shall in every case be given to the parties interested, of the time and place of meeting of such justices and freeholders, or of such Mayor, Intendant and Aldermen, Wardens or Council. 13. Any Butcher, or other person, selling the flesh of a diseased animal, or other unwholsome provisions, shall be indicted, and on conviction, for the first offence be sentenced to pay a fine at the discretion of the court, and for the second offence, shall be fined and imprisoned at the discretion of the court. 14. Any baker, brewer, distiller, merchant, grocer, or other person, selling unwholsome bread, drink or pernicious and adulterated liquors, knowing them to be so, shall be indicted, and on conviction, shall be fined at the discretion of the court; and on conviction for the second offence, such baker, brewer, distiller, merchant or grocer, shall be sentenced to pay a fine and be imprisoned at the discretion of the court. 15. Any physician, surgeon or other person, wilfully endeavoring to spread the small-pox without inoculation,

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or by inoculation with matter of the small-pox, or using any other inoculation than that called vaccination, unless by special permission from the Inferior court of the county where the small-pox shall make its appearance, shall be indicted, and on conviction, fined in a sum not exceeding one thousand dollars, and moreover, be imprisoned at the discretion of the court. 16. Any person coming into this state, by land or water, from any place infected with a contagious disease, and in violation of quarantine regulations, shall be indicted in any county in this state in which he may be found, and on conviction, sentenced to pay a fine not exceeding five hundred dollars, and also, be imprisoned at the discretion of the court. 17. Any person wandering or strolling about, able to work or otherwise to support himself in a reputable way, or leading an idle, immoral, profligate course of life, shall be arrested by a warrant, issued by any justice of the peace, mayor or alderman, and bound in sufficient security for his good behaviour and future industry, for one year; and upon his refusal or failure to give such security, he shall be committed and indicted as a vagrant, and on conviction, shall be imprisoned in the Penitentiary at the discretion of the court. 18. If any person shall be apprehended, having upon him or her any picklock, key, crow, bit or other implement, with intent, feloniously to break and enter into any dwelling house, ware-house, store, shop, coach house, stable or out house, or shall have upon him any pistol, hanger, cutlass, bludgeon or other offensive weapon, with intent, feloniously to assault any person, or shall be found in or upon any dwelling house, ware-house, store, shop, coach house, stable or out house, with intent to steal any goods or chattels; every such person shall be deemed a rogue and vagabond, and on conviction, shall be sentenced to undergo an imprisonment in the common jail of the county, or in the penitentiary at hard labor. 19. All other offences against the public morals, health, police or economy, shall be punished by fine or imprisonment

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in the common jail of the county, or in the penitentiary. TENTH DIVISION. Offences committed by Cheats and Swindlers, and Offences against Public Trade. 1. If any person, by false representations of his own respectability, wealth, or mercantile correspondence and connexions, shall obtain a credit and thereby defraud any person or persons of money, goods, chattels, or any valuable thing, or if any person shall cause or procure others to report falsely of his honesty, respectability, wealth or mercantile character, and by thus imposing on the credulity of any person or persons, obtain a credit, and thereby fraudulently get into possession of goods, wares, merchandize, or any valuable thing, shall be deemed a cheat and swindler, and on conviction shall be sentenced to restore the property so fraudulently obtained, if it can be done, and also to pay a fine at the discretion of the court. 2. Any person using any deceitful means, (other than those which have been mentioned in this code,) or practices in matters of fraud, shall be deemed a cheat and swindler, and on conviction shall be sentenced to make restitution to the party defrauded and cheated, and imprisoned at the discretion of the court. 3. If any person or persons shall, by any fraud or shift, circumvention, deceit, or unlawful trick or device, or ill practice whatever, in playing at cards, dice, or any game, or games, or in or by bearing a share or part in the stakes, wagers or adventures, or in or by betting on the sides or hands of such as do or shall play, obtain or acquire to him or themselves, or to any other or others, any money or other valuable thing or things whatever, such person or persons, so offending, shall be indicted, and on conviction shall be deemed a cheat, and be sentenced to pay a fine of five times the value of the money, or other thing or things so won as aforesaid, and also be imprisoned in the common jail of the county, at the discretion of the court.

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4. Any baker, or other person, selling bread under the assize established by the corporation of any town, city, or the regulations of any village, or the rules laid down by any law, shall be deemed a cheat, and on conviction, shall pay a fine, or be imprisoned, at the discretion of the court. 5. If any person shall sell by false weights or measures, he or she shall be deemed a common cheat, and on conviction, shall be sentenced to pay a fine and be imprisoned, at the discretion of the court. 6. Any other deceitful or artful practice, by which individuals or the public are defrauded and cheated, shall be punished by fine or imprisonment, or both, at the discretion of the court. 7. The offences of forestalling, regrating and engrossing are hereby abolished. 8. If any person or persons shall maliciously or without authority, cut down, remove or destroy any beacon or beacons, buoy or buoys, erected by any commissioner of pilotage, or other person or persons, duly authorised for that purpose, shall be punished on conviction, by confinement in the Penitentiary, for any time not less than three years, nor more than five years. 9. If any person shall fraudulently counterfeit, or be concerned in fraudulently counterfeiting any brand or mark directed by law, or shall fraudulently cause or procure the same to be done, or shall use, export, sell, exchange, barter, or expose to sale any bale, cask, barrel, hogshead, or vessel of any kind, or any other thing, upon which a brand or mark is directed to be made by law, with such counterfeit brand or mark, knowing the same to be false and counterfeit, the person so offending, his aids, counsellors and abettors, shall, on conviction, be sentenced to pay a fine not exceeding two hundred dollars, and also, undergo an imprisonment in the common jail of the county, at the discretion of the court. 10. Any person who shall put into any bale or bales of cotton, hogshead or hogsheads, barrel or barrels, sugar cask, or casks of sugar or of rice, hogshead or hogsheads, barrel or barrels, cask or casks, containing pork, beef or other provisions, any dirt, rubbish or other thing,

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for the purpose of adding to and increasing the weight [Illegible Text] bulk of said cotton, sugar, rice, beef, pork, or other provisions or things, every person guilty of this fraudulent practice, shall be deemed a common cheat, and being indicted and convicted, shall be sentenced to pay a fine equal to the full value of said cotton, sugar, rice, pork, beef or other provisions, and also, to undergo an imprisonment in the [Illegible Text] at hard labor, for any time not exceeding five years. 11. All other offences committed by cheating and deceit, or offences against the public trade, not herein enumerated, but which may occur, or have heretofore been indictable, shall be punished by fines at the discretion of the court, and imprisonment in the common jail of the county. ELEVENTH DIVISION. Fraudulent or Malicious Mischief. 1. Any person or persons, who shall wilfully and [Illegible Text], set fire to, or burn, any stack or stacks of corn, grain, straw or hay; shall on conviction be sentenced to pay a fine, equal to twice the value of the stack or stacks, so set fire to or burnt, and to undergo an imprisonment in the penitentiary, at hard labor, for any time not exceeding three years. 2. If any person shall wilfully and maliciously set on fire, or cause to be set on fire, any woods, lands or marshes within this state, so as thereby to occasion loss, damage or injury, to any other person; he or she shall, on conviction, be sentenced to be imprisoned in the common jail of the county, or in the penitentiary. 3. If any person shall wilfully and maliciously set [Illegible Text] to any fence, or fences, inclosure or inclosures, or cause and procure the same to be done; he or she, on conviction, shall be sentenced to pay a fine not exceeding five hundred dollars, and be imprisoned at the discretion of the court. 4. If any person shall, unlawfully and maliciously break down, open, cut through, injure or destroy any bridge, river or meadow bank, rice-dam, mill-dam, or other [Illegible Text]

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or banks; every such person so offending shall, on conviction, be sentenced to pay a fine, or be imprisoned, at the discretion of the court. 5. If any person shall maliciously maim or kill any horse, bull, steer, ox, cow, calf, heifer, or any animal or animals, falling under the [Illegible Text] as before given, of horses or cattle, or shall maliciously kill a hog or hogs, any such person, so offending, shall on conviction be sentenced to pay a fine, or be imprisoned at the discretion of the court. 6. If any person shall maliciously injure, or destroy any turnpike gate or gates, or any post or posts, rail or rails, wall or walls, or any chain, bar or other fence, belonging to any turnpike gate, or any house or houses, to be erected for the use of any such turnpike gate, or gates, or shall wilfully and maliciously injure and destroy, locks, or other works, erected to protect and secure the navigation of rivers; every such person, so offending, shall on conviction, be sentenced to imprisonment in the penitentiary at hard labor, for any time not exceeding three years. 7. If any person shall wilfully and maliciously burn, or set fire to any ship, boat or other vessel, above the value of two hundred dollars, along side of any wharf, or at anchor in any river of this state, or within any of its waters, or if any person shall wilfully maliciously make, or be assisting in the making, any hole in the bottom, side, or any other part of any ship, boat or vessel, above the value aforesaid, or do any other act tending to the loss or destruction of such ship, boat or vessel at anchor, or lying as aforesaid; every person so offending shall, on conviction, be sentenced to pay a fine not exceeding one thousand dollars, and undergo an imprisonment in the penitentiary, at hard labor, for any period of time not exceeding ten years. 8. All other acts of malicious and fraudulent mischief, not here enumerated, but standing upon the same footing of reason and justice, or which are indictable offences by the laws in force in this state, shall be punished by a fine, or imprisonment in the common jail of the county.

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ACCESSIONS. 9. Accessories, or persons aiding, advising or assisting in and to the perpetration of offences, where the punishments are not provided for in this code, shall be punished in the following manner:Accessories, before the fact, aiders, abettors or advisers, shall receive the same punishment, as is directed to be inflicted on the principals. 10. Accessories, after the fact, shall be punished by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court. INDICTMENTS. 11. Every indictment or accusation of the Grand Jury, shall be deemed sufficiently technical and correct, which states the offence in the terms and language of this code, or so plainly, that the nature of the offence charged, may be easily understood by the jury. The form of every indictment or accusation shall be as follows: GEORGIA, County; The Grand Jurors, sworn, chosen selected for the county of , to wit; in the name and behalf of the citizens of Georgia, charge and accuse A. B. of with the offence of for that the said A. B. (here state the offence, the time and place of committing the same, with sufficient certainty) contrary to the laws of said state, the good order, peace and dignity thereof. If there should be more than one count, each additional count shall commence with the following form: And the Jurors aforesaid, in the name and behalf of the citizens of Georgia, further accuse and charge A. B. with having committed, (here state the offence as before directed) for that c. 12. All exceptions which go merely to the form of an indictment, shall be made before trial and no motion in arrest of judgment shall be sustained for any matter not affecting the real merits of the offence charged in such indictment.

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13. Upon every indictment, the prosecutor's name shall be indorsed, who upon the acquittal or discharge of the person accused, shall be compelled to pay all costs which have accured, if the Grand Jury by their foreman, upon returning no bill, express it as their opinion, that the prosecution was unfounded or malicious, or if the petit jury, upon returning a verdict of not guilty, shall express a similar opinion. A person against whom a bill of indictment shall be preferred, and not found by the grand jury, or who shall be acquitted by the pettit jury of the offence charged against him, shall not be liable to the payment of the costs; and in all such cases, as well as where persons liable by law for the payment of costs, shall be unable to pay the same, it shall and may be lawful for the officers severally entitled to such costs, to present an account therefor to the Judge of the court, in which the said prosecutions were depending, which account being examined and allowed him, it shall and may be lawful for the said Judge, by an order of said court, to authorise and direct the sheriff to retain for his own use, and to pay to the Attorney or Solicitor General and other officers of the court, the amount of their respective accounts, out of any monies by him received for fines inflicted by the said court, since the passing of this act. 14. It shall be the duty of the Attorney or Solicitor General to prosecute on presentments of grand juries, where such presentment or presentments is or are for offences indictable by law, and the indorsement on the indictment, by the Attorney or Solicitor General, that the same is founded on the presentment of a grand jury, shall be sufficient, without any prosecutor's name appearing on the indictment. Arraignment, Trial and Verdict. 15. No person indicted, unless it be for a felony or for an offence which may subject him on conviction, to imprisonment in the Penitentiary for the term of three years, shall be put for his arraingment in the bar dock or other place set apart in a court room for the arraingment of criminals.

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16. Every person charged with a felony, or any offence which may subject him on conviction, to an imprisonment in the Penitentiary for the term of three years, shall be [Illegible Text] previous to [Illegible Text] arraignment, with a copy of the indictment, and a list of the witnesses who gave testimony before the grand jury. 17. Every person charged with an offence, shall at his or her request, or the request of his or her counsel, be furnished with a copy of the indictment and the aforesaid list of witnesses. 18. Upon the arraignment of a prisoner, it shall be sufficient, without complying with any other form, to declare orally, by himself or herself or his or her counsel, that he or she is not guilty, which declaration or plea, shall be immediately put upon the minutes of the court, by the clerk, and the mention of the arraignment and such declaration and plea, shall constitute the issue between the prisoner and the people of this state: And if the clerk should neglect to insert in the minutes, the said arraignment and plea, it may and shall be done at any time by order of the court, and then the error or mistake of the clerk shall be cured. 19. If the prisoner pleads guilty or is mute, on accusation of felony, the court shall, notwithstanding, direct the declaration of not guilty to be put upon the minutes, and the trial shall proceed in the same manner it would have done, if the prisoner, or his or her counsel, had plead not guilty. 20. The plea of not guilty, recorded on the indictment for any offence, which does not require the formality of an arraignment, shall be deemed sufficient to constitute the issue between the prisoner and the people of this state; and if the Attorney or Solicitor General, or other person prosecuting in behalf of this state, shall neglect to have said plea recorded, it may at any time, during or after the trial, be ordered to be done by the court, and such order shall cure the error or defect. 21. No prisoner shall be brought into court for arraignment or trial, tied, bound or fettered, unless the court shall deem it necessary, during his or her arraignment or

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trial; and if the health of the prisoner or other circumstances may appear to render it more convenient to the prisoner and his counsel, that he or she should not be placed for his or her arraignment, or during his or her trial, within the bar-dock, or other place assigned in the court-room for criminals, the court may grant the indulgence of removing the prisoner to any other place in said court-room, or contiguous to it, requested by the prisoner, or his or her counsel. 22. Every person indicted for a felony, or a crime which may subject him or her on conviction to death, or five years imprisonment or longer in the penitentiary, may peremptorily challenge twenty of the jurors, empanneled to try him or herAnd all other offences, punishable with hard labor, the person indicted shall be allowed twelve peremptory challenges. 23. On every trial for an offence contained in this code, or for any offence, the jury shall be judges of the law and the fact, and shall in every case give a general verdict of guilty or not guilty, and on the acquittal of any offender, no new trial shall, on any account, be granted by the court. 24. Every person against whom a bill of indictment is found, shall be tried at the term of the court the indictment is found, unless the absence of a material witness or witnesses, or the principles of justice, should require a postponement of the trial, and then the court shall allow a traverse or postponement of the trial until the next term of the court; and any person indicted for an offence not affecting his or her life, and demanding a trial, which demand shall be placed upon the minutes of the court, shall be discharged, upon his or her giving bail to appear at the next court; and if not tried at said court, shall be absolutely discharged and acquitted of the offence contained in the indictment: Provided, that at both terms, juries were empanneled and able to try such offender; and every person against whom a bill of indictment has been found, who appears and demands his or her trial, at the first term after such bill shall have been found, and the officer prosecuting in behalf of the people cannot assign

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some legal or satisfactory reason for wishing a postponement of the trial, such as the absence of a material witness or witnesses, and a well grounded expectation of being able to proceed on said trial at the next termthen the person so indicted and demanding his or her trial, shall be absolutely discharged and acquitted of the offence contained and charged in the indictment; and in no case shall a nole prosequi be entered on any bill of indictment, after the case has been submitted to the jury. 25. Where a person shall be indicted and convicted on more than one indictment, and the sentences are imprisonment in the [Illegible Text], such sentences shall be severally executed after the expiration of each other, but with as great a mitigation and with as much leniency, as the nature of the offences and the principles of [Illegible Text] shall require. FINES. 26. All fines imposed by this act shall be paid over by the clerks of the Superior to the clerks of the Inferior courts of the respective counties, for county purposes, except the county of Chatham, where the said fines shall be paid over to the corporation of the City of Savannah: And the clerks of the INferior courts shall keep a fair account of the fines so received, and the time when received, and the names of the persons from whom the said fines were collected. 27. Every fine imposed by this code or left at the discretion of the court, shall be immediately paid, or within such reasonable time as the court may grant. Benefit of Clergy and the punishment of Death. 28. The benefit of clergy as heretofore claimed under the criminal laws of this state, or any legal exception in consequence of the omission of the words, benefit of clergy, are hereby abolished and declared a ridiculous and unmeaning privilege and form. The term death in this, or any future penal system, shall be sufficient to justify the inffiction of that punishment. 29. The sentence of death shall be executed by publicly hanging the offender by the neck until he or she is dead.

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Oath of Witnesses and Jurors, and competency of Witnesses. 30. In all criminal cases, the same oaths shall be administered to jurors and witnesses as heretofore administered in this state, previous to the year eighteen hundred and seventeen. 31. In every case in this code, the person or persons whose property hath or have been stolen, injured, destroyed, taken away, or fraudulently converted or conveyed, or who hath or have received such personal injury, shall be a competent witness or witnesses on the trial of the offender or offenders. Offences relative to Slaves. 32. From and after the passing of this act, it shall not be lawful, except in the cases herein authorised and allowed, for any person or persons whatsoever, to bring, import or introduce into this state, to aid or assist, or knowingly to become concerned or interested, in bringing, importing, or introducing into this state, either by land or by water, or in any manner whatsoever, any slave or slaves; and each and every person or persons so offending, shall be deemed principals in law guilty of a high misdemeanor, and may be arrested and tried in any county in this state in which he, she or they may be found, and on conviction, shall be sentenced to pay a fine of five hundred dollars each, for each and every slave so brought, imported or introduced, and to undergo an imprisonment in the Penitentiary at hard labor, for any period of time not less than one year, nor longer than three years Provided always, that this act shall not extend to any citizen of this state, residing or [Illegible Text] therein, nor to any citizen of any other state, coming into this state with intent to settle and reside, and who shall, on so coming in, actually settle and reside therein, who shall bring, import, or introduce into this state, any slave or slaves, for the sole purpose of being held to service or labor, by the person or persons so bringing, importing or [Illegible Text] such slave or slaves, his heirs, executors or administrators, and without intent to sell, transfer, barter, lend, hire,

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mortgage, procure to be taken or sold under execution or other legal process, or in any other way or manner to alien or dispose of such slave or slaves, so as to vest the use and enjoyment of the labor or service of such slave or slaves in any other person or persons, than the person or persons so bringing, importing or introducing such slave or slaves, or in his or her heirs, executors, administraters or legatees, whether such sale, transfer, barter loan, hiring, mortgage, procurement of levy or sale; under execution or other legal process, or alienation or disposition of such slave or slaves, shall be for the life or lives of such slave or slaves, or for any other period of time; and provided further, that any person or persons hereby authorised to bring, import or introduce any slave or slaves into this state, shall before such slave or slaves is or are actually so brought, imported or introduced therein, go before the clerk of the Superior court of some county in this state, and make and subscribe an affidavit in writing, which shall be lodged with such clerk, stating that he or she is about to bring, import and introduce into this state a slave or slaves, in terms of this act, particularly describing such slave or slaves by their names, age and qualifications; that he or she is the true and lawful owner of such slave or slaves; that the said slave or slaves is or are about to be brought, imported or introduced into this state, for the sole purpose of being held to service and labor, by him or her, his or her heirs, executors, administrators or legatees, and without any intent to sell, transfer, barter, lend, hire, mortgage, procure to be taken or sold under execution or other legal process, or in any way or manner to alien or dispose of said slave or slaves, so as to vest the use or enjoyment of the labor or service of such slave or slaves in any other person or persons, either for the life or lives of said slave or slaves, or for any other period of time, or in any way or manner to defeat, avoid, or elude the true intent and meaning of this act; and a similar oath, stating the actual importation of such slave or slaves shall be made by such person before the clerk of the Superior court of the county where such person resides or intends to settle and reside, of which a certificate shall in each case be granted by such clerk; and it

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is hereby further provided, that no person whatever, shall be exempted from the penalties of this [Illegible Text], who shall [Illegible Text] or neglect to comply with the [Illegible Text] of the foregoing section, or making and subscribing the said affidavits in manner and form as is therein specified and set forth; and in all cases of [Illegible Text] under this act, it shall be sufficient in the indictment to alledge, that the slave or slaves was or were brought, imported, or introduced into this state, contrary to the true intent and meaning of this act; and any person or persons claiming an exemption from the penalties thereof, shall plead specially, such his defence, and shall be held to due proof thereof; and the jury shall be specially charged, to enquire into the intent of such person or persons, which intent may be infered from the circumstances of the case; but any sale, transfer, barter, loan, hiring, mortgage, procurement of levy or sale under execution, or other legal process, or other alienation or disposition of such slave or slaves, for the life or lives of such slave or slaves, or for any other period of time, or any offer to sell, transfer, barter, lend, hire, mortgage, procure to be levied or sold under execution, or other legal process, or in any way or manner to alien or dispose of such slave or slaves, for the life or lives of such slave or slaves, or for any other period of time, so as to vest the use or enjoyment of the labor or service of such slave or slaves, for the life or lives of such slave or slaves, or for any other period of time, in any other person or persons than the person or persons so importing or introducing such slave or slaves into this state, his or her heirs, executors, administrators or legatees, contrary to the true intent and meaning of this act, if made within one year after such slave or slaves shall have been brought, imported or introduced into this state, shall be conclusive evidence of such unlawful intent, in violation of this act: And provided further, that this act shall not extend to prevent any person traveling into this state, from bringing therein any such slave or slaves as may be needful for his comfortable and usual attendance upon his journey, nor to any person or persons bringing into this state any slave or slaves, found on board any ship or

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vessel which may be taken as a prize of war, or seized for an infraction of any law of the United States, brought into this state in such ship or vessel, at the time of such capture or seizure; but it shall not be lawful to sell, or in any manner contrary to this act, to dispose of said slave or slaves within this slate; and such sale or other disposition of such slave or slaves, in any way or manner forbidden by this act, or offer so to sell or dispose of the same, shall be conclusive evidence of an intent to bring such slave or slaves into this state, contrary to the meaning of this act, and shall subject the party so offending, to the fine and imprisonment, herein before specified and set forth; and the same obligations shall be imposed upon any person or persons claiming an exemption under this section, from the penalties of this act. The same rules shall obtain as to the pleadings and evidence, and the jury shall exercise the same power of judging of the fairness of the intent, as is given and are provided in the preceding part of this section; and if any person or persons whatsoever, shall at any time from and after the first day of February next, purchase, hire, receive, or get into his or her possession, any slave or slaves, knowing the said slave or slaves to have been imported or introduced into this state illegally, and contrary to the true meaning and intent of this act, each and every person or persons so offending, shall be deemed principals in law, and guilty of a high misdemeanor; and on conviction thereof, shall be subject to the same fine as herein before specified and set forth, against persons bringing, importing or introducing any slave or slaves into this state, contrary to the provisions of this act; and it shall be the duty of all and every civil and militia officer in this state, to aid and assist in carrying this law into effect; and this act shall not be construed to extend to prevent any person or persons from giving, hiring or loaning any negro or negroes to their legal child or children, for one year or more, and who shall retain him, her or them, one year from the time of receiving him, her or them, or shall be subject to the penalties of the aforesaid act. 33. And be it further enacted, That it shall be the duty

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of every Clerk of the Superior Court, before whom any oath required to be taken by this act, shall be made, to keep a bound book, in which shall be recorded the affidavits required to be made, and the certificates necessary to be given, agreeable to the provisions of this act, previous to the introduction of any slave or slaves into this state; and also to record in said book, all other instruments of writing, or statements which may be necessary to be given by him, or may be necessary to be made to him, for carrying the intentions and provisions of this act into effect; and every such clerk shall receive, as a compensation for the services rendered necessary to be performed by him, by virtue of this act, the sum of two dollars, to be paid by the person for whose interest such services may be performed. 34. If any person shall conceal, harbor, hide, or cause to be concealed, harbored or hidden, any slave or slaves, to the injury of the owner or owners thereof, such persons so offending, shall on conviction, be sentenced to be imprisoned in the Penitentiary at hard labor, for any period of time not exceeding two years: Provided nevertheless, that on the trial for this offence, the person charged with it, shall be acquitted, if he or she had an apparent well founded claim to the slave or slaves so harbored and concealed; and on every conviction for concealing or harboring a slave or slaves, the owner or owners of such slave or slaves, may recover damages by a civil suit for the loss of the labor and services of such slave or slaves, notwithstanding the said conviction. 35. If any person shall remove or carry, or cause to be removed and carried away out of this state, any slave or slaves, or out of the county where such slave or slaves may be, without the consent of the owner or owners of said slave or slaves, any person so offending, shall on conviction, be sentenced to undergo an imprisonment in the Penitentiary at hard labor for any period of time not exceeding seven years. 36 Any person, except the owner, beating, whipping, or wounding a slave, or person or persons beating, whipping or wounding a free person of color, without

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sufficient cause or provocation being first given by such slave or free person of color, may be indicted, and on conviction, shall be fined or imprisoned, or both, at the discretion of the court; and the owner of such slave or the guardian of such free person of color, may, notwithstanding such conviction, recover in a civil suit, damages for the injury done to such slave or free person of color. 37. Any owner or owners of a slave or slaves, who shall cruelly beat such slave or slaves, by unnecessary and excessive whipping, by withholding proper food and sustenance, by requiring greater labor from such slave or slaves than he or she or they are able to perform, by not affording proper clothing, whereby the health of such slave or slaves may be injured and impaired, every such owner or owners, shall, upon sufficient information being laid before the Grand Jury, be, by said Grand Jury, presented, whereupon it shall be the duty of the Attorney or Solicitor General to prosecute said owner or owners, who on conviction, shall be sentenced to pay a fine or be imprisoned, or both, at the discretion of the court. Construction of this Code, and duty of the Judges of the Superior Courts. 38. Every section of this code, and all its terms and expressions, shall receive a liberal construction, according to the true intent and meaning, and which may be best calculated to carry it into effect. 39. It shall, and it is hereby declared to be, the duty of the Judges of the Superior courts, to make a special report annually, to the Governor of this state, previous to the meeting of the General Assembly, and by him to be submitted to the Legislature, of all such defects, omissions or imperfections in this code, as experience on their several circuits may suggest. Convictions for a Second Offence. 40. Any person convicted of an offence, which by this Code has subjected him to an imprisonment in the Penitentiary, for a period of five years, or not exceeding seven

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years, shall upon a conviction a second time for the same offence, be sentenced to undergo an imprisonment at hard labor in the penitentiary for the period of ten years. 41. Any person convicted of an offence, different from that of which he or she has been before convicted and has been sentenced to, or suffered an imprisonment in the penitentiary on such first conviction, for the period of one year and not exceeding four years; shall upon such second conviction be sentenced to undergo an imprisonment in the penitentiary, at hard labor, for the term of seven years. 42. This act shall go into operation on the first day of February next, and all crimes and offences committed before this act goes into operation, shall be prosecuted as heretofore, but the punishments shall be as similar to those designated in this code, as it may be in the power of the court to order and direct. Apportionment of Penitentiary Punishment. 43. In all cases in this Code, where the term of punishment in the penitentiary is discretionary, the Court shall determine that punishment, paying due respect to any recommendation which the Jury may think proper to make in that regard. 44 All laws, or parts of laws, repugnant to this act be, and they are hereby repealed. BENJAMIN WILLIAMS, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. WILLIAM RABUN, Governor. Assented to, 20th December, 1817.

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RESOLUTIONS WHICH ORIGINATED IN SENATE. In Senate, 6th November, 1817. RESOLVED, that Edward Harden be, and is hereby appointed a Trustee of the University of Georgia, in the place of Peter Early, deceased. Approved, 11th November, 1817. In Senate, 8th November, 1817. RESOLVED, that Littleton Wyche, George Wyche, Daniel M'Intosh and Jordan Hall be, and they are hereby appointed Commissioners of the Court House and Jail in the county of Montgomery, in the place of John H. Bryan, Moses Daniel, Robert Flournoy and Thomas Moore, resigned. Approved, 26th November, 1817. In Senate, 10th November, 1817. RESOLVED, that the Governor be authorised to transmit to the Executive of each State and Territory in the United States, a copy of the Laws of this State heretofore passed, where it has not heretofore been done, and a copy of the Laws of each session of the Legislature which may hereafter be passed. Approved, 18th December, 1817. In Senate, 10th November, 1817. Whereas it is represented that there is a certain portion of the Militia of the state of Georgia, who were called into the service of the United States in the late war, and also many of those who furnished waggons and teams, who have not received a large portion of the wages due them for services as soldiers and for waggoning, which yet remains unpaid Therefore be it resolved by the Senate and House of

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Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, that his Excellency the Governor be, and he is hereby authorised and required, to call on the Secretary at War, to ascertain whether or not, there has been appropriation for the payment of said officers, soldiers and waggonage; and whether the proper officers of the heads of departments of the United States, have received the monies, and if received, to cause an examination to take place to know where the stoppage of payment is, and to cause the said troops and furnishers of waggons, teams, c. to be paid, and such other steps as he may deem necessary, so as to secure speedy payment of the aforesaid sums of money. And be it further resolved, that his Excellency the Governor be requested to forward a copy of this resolution to the Secretary of War, without delay. Approved, 18th December, 1817. In Senate, 14th November, 1817. Resolved, That the Executive appointment of James Rousseau and Francis Jeter, as Commissioners of the Penitentiary, in the place of E. B. Jenkins Esq. deceased, and John W. Devereux, resigned, be, and the same is hereby confirmed. Approved, 18th December, 1817. In Senate, 24th November, 1817. Resolved, That the Rev'd Hope Hull be, and he is hereby appointed, a Trustee of the University of Georgia, vice Col. Edward Harden, resigned. Approved, 18th December, 1817. In Senate, 27th November, 1817. The Committee on the State of the Republic, to whom was referred the Governor's Communication relative to the public arms, Report That they have taken the same into consideration, and recommend the following resolution: Resolved, That His Excellency the Governor be, and he is hereby authorised, to cause to be built on any part

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of the Public Square which he may deem proper, a house of sufficient size to hold the public arms, and that he cause them to be removed to, and deposited there; and that he is hereby requested to pursue such measures as he may deem best calculated to collect the public arms, in the different parts of the state. Approved, 10th December, 1817. In Senate, 5th December, 1817. Resolved, that His Excellency the Governor be authorised and requested to have the roof of the State House repaired, and that he pay for the same out of the contingent fund. Approved, 20th December, 1817. In Senate, 5th December, 1817. Be it resolved, that the Commissioners of the town of Milledgeville be, and they are hereby authorised, to lease to Precilla Gray, for the term of six years, six acres of land lying between Wayne street and Fishing creek, on the common of the above town, including the cleared ground of the same, for her own proper use. Approved, 20th December, 1817. In Senate, 10th November, 1817. The joint committee to whom was assigned the duty of contracting for the printing the Laws and Journals of the present session, REPORT, that they have discharged that duty, and contracted for the printing of the same with Messrs. S. F. Grantland, on the same terms made with them the last year; and that they do agree to print and deliver the Laws by the first of February next; and the Journals by the first of March next. Approved, 26th November, 1817. In Senate, 6th December, 1817. The joint committee appointed to enquire into the practicability and expediency of disposing of the territory lately acquired from the Creek and Cherokee Indians,

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and to whom was referred the communication of his Excellency the Governor and the accompanying documents on the subject of Indian and Spanish boundaries, Report That it is not expedient at the present session of the Legislature to make any disposition of said territory, for the following reasons, to wit 1st. The lines between the land acquired by General Jackson of the Creek Indians and East Florida has not been ascertained and defined. 2dly. Your committee understand that a further acquisition is about to be obtained of the Creek Indians, agreeably to a memorial and remonstrance of the last Legislature. 3dly. The lines of the Territory lately acquired of the Cherokee Indians are not ascertained and run, nor has the treaty last alluded to been ratified.Your committee are aware, however, of the propriety of disposing of the land and settling the territory in question as soon as practicable; they therefore recommend the following resolution Resolved, that his Excellency the Governor be requested, on receiving information of the ratification of the treaties for the different territories lately ceded by the Creek and Cherokee Indians, or either of them, and of the time when either of the lines between the lands lately acquired of the Creek Indians and East Florida, or the lands lately acquired of the Cherokee Indians and the Creek or Cherokee Indians, to appoint fit and proper persons, not exceeding three, to attend to running of said lines, and to ascertain the true head of the Saint Mary's, on behalf of the State of Georgia, and see that the said several lines are run agreeably to the true intent and meaning of said Treaties; and that his Excellency the Governor be, and he is hereby authorised and required, to have run off (as soon as may be practicable) the whole of said Territory into districts of twelve miles square, or as nearly so as the situation of the country will admit of, or that he take such other measures as in his judgment will best promote the interest of the State, and the earliest disposition and settlement of said Territory. Approved, 20th December, 1817.

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In Senate, 6th December, 1817. The committee to whom was referred the petition of the Commissioners of the Warren county Academy, Report, that it appears from documents submitted to their inspection, that by a deed made by N. Long and Philip Clayton, commissioners of confiscated property, bearing date the 15th November, 1794, to Samuel Alexander and others, commissioners of the Warren county Academy, that they purchased a tract of land containing eight hundred acres, in Saint George's Parish, Burke county, confiscated as the property of Samuel Farley, a person named in the act of confiscation and banishment; that the said tract of land so confiscated, cannot be identified, and the tract of land supposed to be the one sold, was granted to Charles Watson, whose executor the said Samuel Farley was, and there is no evidence can be found that Watson ever conveyed it to Farley. Your committee for these reasons are induced to recommend the adoption of the following resolution: Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, that the Commissioners of the Warren county Academy be, and they are hereby authorised, to purchase the full amount of their thousand pounds, as allowed by law at any future sale of confiscated property Provided, said commissioners shall relinquish in legal form (and by delivery) the deed made by N. Long and Philip Clayton, commissioners of confiscated property, to Samuel Alexander and others, commissioners of the Warren county Academy, for eight hundred acres of land in Saint George's Parish, (Burke county) sold as the property of Samuel Farley. Be it further resolved, That the Commissioners of Academies in the several counties in this state, who have not received the sum of one thousand pounds, out of the sales of confiscated property, for the use and benefit of their several Academies, on their or any of them finding any land or lands, subject to be sold under the act of confiscation and banishment, to make return of the same to the sheriff of the county in which such land lies, and

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whose duty it shall be, to advertise as is customary for sheriff's sales, and sell the same at public outcry, at the courthouse of said county, to the highest bidder, payable in three annual instalments, and the proceeds of such sale shall go to the use of the Academies of the county to which such commissioner or commissioners belong, until such county or counties shall have received the full sum of which, together with what they may have previously received, will amount to one thousand pounds, and the balance, after paying all costs, to be equally divided amongst the other counties in this state, who may not have received the said sum for their several Academies; and the commissioners of confiscated property be, and they are hereby authorised and required, to make titles to all and any lands thus sold, to the purchasers or their order, or to the order of the sheriff. Approved, 20th December, 1817. In Senate, 8th December, 1817. RESOLVED, that Thomas Moore and Archibald Griffin be, and they are hereby appointed, Commissioners of the Court House and other public buildings of Laurens county, in the room of Henry Shepherd and Jonathan Sawyer, removed out of the county. Approved, 20th December, 1817. In Senate, 11th December, 1817. The committee on the State of the Republic, to whom was referred the communication of his Excellency the Governor, relative to the disposition to be made of the sword intended to have been presented to the late Lt. Col. Dan'l Appling of the United States army Report, that whereas a former Legislature, influenced by the distinguished bravery and gallant conduct of the late Lieut. Col. Daniel Appling, did authorise and direct the Executive Department to procure and present to that meritorious officer, a Sword suited to his grade, as a grateful expression of the public approbation of his native State: But as the worthy object of her applause was removed by death [Illegible Text] this laudable design could be carried into execution,

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and inasmuch as there remains no male heir, either to the fortune or honors of this deserving young soldier, into whose hands the state could commit this sacred pledge of its affection and respectit is Resolved, that the State will assume to itself the guardianship of the fame and military reputation of her distinguished son, the late Lieutenant Colonel Daniel Appling, and that the Sword intended by her, as the just reward of his military achievements, be deposited in the Executive Chamber, there to be preserved and exhibited as a lasting monument of his fame, and a grateful proof of the sensibility with which Georgia cherishes the recollection of the patriotic services of her citizens. Approved, 20th December, 1817. In Senate, 11th December, 1817. RESOLVED, that his Excellency the Governor be, and he is hereby requested to direct the proper officers, to collect without further delay, all monies that are due to the State on account of Fractional Sales or town lots in Milledgeville. RESOLVED, that it shall be the duty of the several Clerks of this State, in whose offices said executions may be at this time, forthwith to deliver said executions to the Sheriff of the county, and it shall be the duty of the said Sheriffs respectively, to proceed immediately to the collection of said executions, nowithstanding the property of the defendant may not be pointed out to him by the Solicitor General in behalf of the State. Approved, 20th December, 1817. In Senate, 11th December, 1817. RESOLVED, that the report directing the disposition of the Sword intended for Lieut. Col. Daniel Appling, be placed in a suitable frame, and be hung up with the Sword in the Executive Chamber. Approved, 20th December, 1817. In Senate, 13th December, 1817. RESOLVED, that his Excellency the Governor be, and

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he is hereby requested to transmit to our Senators and Representatives in Congress, a copy of an act passed at the present session of the Legislature, to establish the fees of the Harbor master and Health officer for the port of Darien, with a request that they would endeavor to get an act of Congress passed to carry the same act into effect. Approved, 20th December, 1817. In Senate, 16th December, 1817. RESOLVED, that his Excellency the Governor be and he is hereby authorised and requested to have blinds put to the windows in the Senate and Representative chambers, similar to those in the Executive chamber. Approved, 20th December, 1817. In Senate, 16th December, 1817. Whereas the Legislature of the State of Tennessee have, by an act passed the 10th of November last, authorised and empowered the Governor of that state, to appoint a Mathematician and Commissioner to meet such persons as may be appointed by and on the behalf of Georgia, to ascertain, run, and cause to be marked, the boundary line between the aforesaid states: And whereas the correct ascertainment and lawful establishment of such line will greatly tend to the promotion of harmony between the States of Tennessee and Georgia, by the prevention of such disputes as may arise from the settlement of individuals on or near the aforesaid line, under the authority of either of them It is therefore resolved, that his Excellency the Governor be, and he is hereby fully authorised and empowed, to appoint a Mathematician, Commissioner and Surveyor to act for and on behalf of this State; and which Mathematician and Commissioner shall have authority, under the directions of the Governor, to proceed in conjunction with the Mathematician and Commissioner appointed by the State of Tennessee to ascertain, run, and cause to be marked, plainly and distinctly, the boundary line between the two states. And whenever the said mathematician and commissioner, are ready to proceed to

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the execution of the trust hereby reposed in them, it shall and may be lawful for them to select and employ as many chain-carriers and markers, as may be necessary to be employed on the part of this State; and that it shall be the duty of the said mathematician and commissioner, whenever they shall have ascertained, run, and caused to be plainly marked, the aforesaid boundary line, to make a faithful report of their proceedings to his Excellency the Governor, [Illegible Text] with the number of days and persons engaged in this business. And it is further resolved, that the mathematician, commissioner, and surveyor, appointed under the authority of this state, shall each receive the sum of five dollars for each day he shall have been engaged in discharge of his duties herein before assigned him, and a like sum for every twenty-five miles in going to the point of begining, and in returning from the point of termination; and that the chain carriers and markers employed for this service, shall each for every day employed on the line, and for every day taken up in travelling to and from such line, be entitled to and receive the sum of one dollar and fifty cents;and that his Excellency the Governor be, and he is hereby authorised, to draw upon the contingent fund, for any sum that may be found necessary to defray the expences of this service. Approved, 20th December, 1817. In Senate, 16th December, 1817. RESOLVED, that Messrs. Holt, Mathews and Hatcher be a committee to see the unfinished business of the Senate completed, and that they be allowed three days after the adjournment of the Legislature to do the same. Approved, 20th December, 1817. In Senate, 17th December, 1817. RESOLVED, that his Excellency the Governor be requested to pay out of the contingent fund, to the Commissioners of the Penitentiary edifice, at and after the rate of one hundred dollars each year, for the services they have rendered in superintending the same. Approved, 20th December, 1817.

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In Senate, 18th December, 1817. RESOLVED, that John Bolton, Walter Leigh, and Reuben Wilkinson be, and they are hereby appointed commissioners for the improvement of the navigation of the Savannah river, from Augusta down, and they are hereby authorised to receive all money appropriated by the Legislature for that purpose. Approved, 20th December, 1817. In Senate, 18th December, 1817. RESOLVED, that the Secretary of Senate be allowed to employ an extra Clerk to enroll bills and resolutions that are and may pass during the remainder of the session, and that he allow a reasonable compensation, to be paid out of the contingent fund. Approved, 20th December, 1817. In Senate, 18th December, 1817. RESOLVED, that his Excellency the Governor be, and he is hereby requested, so soon as he may deem it expedient, to transmit to the Executive of the State of South Carolina, a copy of a bill appropriating money for the internal navigation of this State. Approved, 20th December, 1817. In Senate, 19th December, 1817. RESOLVED, that Gen. John M'Intosh, and Col. James E. Houston be, and they are hereby appointed commissioners of the M'Intosh county Academy, in place of Col. Ferdinand O'Neal, dec'd, and James Nephew resigned. And be it further resolved, that Dr. James Troup and James Dunwoody, esq. he, and they are hereby appointed, commissioners of M'Intosh county Academy, in addition to those already appointed. Approved, 20th December, 1817. In Senate, 12th December, 1817. RESOLVED, that his Excellency the Governor be requested to cause to be immediately compiled, digested and printed in pamphlet form, the several Patrole Laws of

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this State, now in force; and that he be further requested to forward them to each of the counties in this state with the Laws and Journals, in order to have them distributed among the several Captains commanding companies of militia in this state, and that he pay the same out of the contingent fund. Approved, 20th December, 1817. RESOLUTIONS Which originated in the House of Representatives. In the House of Representatives, 13th November, 1817. RESOLVED, That James H. Geikie and Armand Lafils be, and they are hereby appointed, Commissioners of the Board of Pilotage for the port of Darien and Sapelo river, in place of Thomas Spalding and Reuben King Esquires, resigned. Approved, 3d December, 1817. In the House of Representatives, 15th November, 1817. The committee appointed to ascertain whether it would be advisable for the State to take such part of the increased capital of the Bank of Augusta, as is reserved to her, according to the act of incorporation, have had the same under consideration, and REPORT, That in their opinion it would be sound policy for the State to take the part reserved to her; they therefore beg leave to submit the following resolution: RESOLVED, That His Excellency the Governor be, and he is hereby authorised and requested, to subscribe for and in the name of this state, for such part of the increased capital of the Bank of Augusta, as is reserved to her in the act of incorporation. Approved, 19th December, 1817.

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In the House of Representatives, 17th November, 1817. Whereas by the Tax Acts, it was required of the owners of land in this state, who resided out of the same, to return by their Agent such land in the counties where the land lay, and which requisition has not been complied with by many agents, through inadvertence, or ignorance of such acts, but the land of absentees has in many cases been returned, in the county where the Agent resided, and the tax for the same paid in such county; And whereas the inconvenience and confusion arising from the said acts, were made evident to the Legislature at their last session, and a law was then passed, making it lawful for any agent to return any property to the Receiver of Tax Returns, and pay the taxes due thereon to the Tax Collector of the county in which such Agent resides: Be it therefore resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That lands heretofore returned in the county where the Agent of the absent owner resides, and on which land the taxes have been justly and bona fide paid to the Tax Collector, such payment shall be a discharge of such taxes, though not paid in the county where the land lies Provided, That such defaulters do pay all necessary expences which may have accrued for assessing and advertising such land, and all commissions due for the collection of the same; and that the Comptroller General shall have power, to relieve in all cases, where the taxes have been justly paid, and the State in no wise defrauded of the same. Approved, 3d December, 1817. In the House of Representatives, 27th November, 1817. RESOLVED, That the Attorney and Solicitors General of this state be requested to ascertain whether any, and if any, which of the Clerks of the Courts of Ordinary of their respective circuits, have in their hands, money or property, which by the escheat laws belongs to the State,

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and that they make report thereof to the next General Assembly. Approved, 3d December, 1817. In the House of Representatives, 16th December, 1817. The committee on the State of the Republic, to whom was referred the several Resolutions from the states of North Carolina, New Jersey, c. Report the following Resolution, to wit: RESOLVED, That it is inexpedient to amend the Constitution of the United States as it regards the choosing Representatives in the Congress of the United States; also as it regards the mode of appointing electors of President and Vice President of the United States, in manner proposed by the General Assembly of North Carolina, and that His Excellency the [Illegible Text] be requested to forward a copy of this resolution to the Executives of the several States. Approved, 20th December, 1817. In the House of Representatives, 16th December, 1817. RESOLVED, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the amendment to the Constitution of the United States, proposed by the General Assembly of the Commonwealth of Kentucky, in the following words: No law varying the compensation of members of the Congress of the United States, shall take effect until the time for which the members of the House of Representatives of that Congress by which the law was passed, shall have expired, meets the cordial approbation of the Representatives of the free men of Georgia. RESOLVED, That our Senators in Congress be instructed and our Representatives requested, to use their best endeavors to obtain such an amendment to the Constitutitution of the United States. RESOLVED, That His Excellency the Governor be requested to transmit copies of the foregoing resolutions to

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each of our Senators and Representatives in the Congress of the United States. Approved, 20th December, 1817. In the House of Representatives, 16th December, 1817. RESOLVED, That Jonathan Robinson, Andrew Bird Robert Burton be, and they are hereby appointed, Commissioners for the river Ogechee. Approved, 19th December 1817. RESOLVED, That John Howard and Thomas Moore, be, and they are hereby appointed Commissioners of that part of the Oconee river, extending from the Altamaha to opposite Milledgeville, in addition to those already appointed. Approved, 20th December, 1817. In the House of Representatives, 17th December, 1817. RESOLVED, That Nathaniel Ashley, Duncan McCray, John Coffee, Benjamin McGriffers and Griffin M. Fletcher be, and they are hereby appointed Commissioners of the Telfair Academy. Approved, 20th December, 1817. In the House of Representatives, 17th December, 1817. RESOLVED, that as a testimony of respect to the memory of the honorable George G. Nowlan, late a member of the Senate from the county of Effingham, his Excellency the Governor be, and he is hereby authorised and requested, to have his grave enclosed in a decent manner, and that he pay for the same out of the contingent fund. And that as a testimony of respect to the memory of Walter Drane, Esq. late a member of the House of Representatives from the county of Columbia, his Excellency the Governor be, and he is hereby authorised and requested, to have his grave enclosed in a decent manner, and that he pay the same out of the contingent fund. Approved, 20th December, 1817.

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In the House of Representatives, 18th December, 1817. The Committee appointed to enquire into the expediency of selling the claim of the state to Confiscated Property, with leave to report by bill or otherwise, beg leave to submit the following Report, to wit: That taking into view the situation in which the State is placed with regard to the fund arising from the sales of confiscated property, the difficulty of obtaining the necessary testimony to establish her just rights, and the length of time that may elapse before she may reduce the whole of her claims on confiscated property into actual possession; they are induced to believe, that if the whole claim could be disposed of for a reasonable sum, that it would be the interest of the State to do so, and beg leave to recommend the following resolution, to wit; RESOLVED, that [Illegible Text] Excellency the Governor be, and he is hereby authorised to receive sealed proposald for the whole or any part of the claim of the state to confiscated property, until the first Monday in November next, and that his Excellency advertise the same once a month for six months in the Georgia Journal and Savannah Republican; and it is hereby made the duty of his Excellency to lay the said proposals (if any) before the next General Assembly of this State. Approved, 20th December, 1817. In the House of Representatives, [Illegible Text] December, 1817. RESOLVED, that James S. Bradwell, White Resseter, and Hugh Brown, Esquires, be, and they are hereby appointed a committee to join such committee as may be appointed on the part of Senate, to see the Great Seal of the State affixed to such laws as may remain in the Executive department at the end of the present session, and to see the Journals of the two houses brought up to the end of the session; that they be allowed three days after the rising of the General Assembly for this purpose, and that they be allowed three dollars each per day;also, the sum of four dollars each per day, to the Secretary of the

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Senate and Clerk of the House of Representatives, and engrossing clerk of the House of Representatives and engrossing clerk of the Senate, for three days after the adjournment of the Legislature. Approved, 20th December, 1817. In the House of Representatives, 18th December, 1817. RESOLVED, that his Excellency the Governor be, and he is hereby requested, to cause such alterations to be made in the Representative chamber, as he may deem proper, for the accommodation of the additional members of the next Legislature, and to defray the expences of the same out of the contingent fund. Approved, 20th December, 1817. In the House of Representatives, 19th December, 1817. RESOLVED, that his Excellency the Governor be, and he is hereby authorised and requested, to have published in one or more of the News Papers of this state, such Laws and Resolutions of the present session, as he may deem expedient. Approved, 20th December, 1817. In the House of Representatives, 19th December, 1817. The committee on Finance to whom was referred the petition of Richard Winn, praying for compensation for a certain Bounty Warrant issued in the name of James CoxReport, that they have examined it, and the vouchers accompanying the same, and are of opinion that the same is just and reasonable, and recommend the following resolution: RESOLVED, that the Comptroller General be, and he is hereby authorised and required, to renew a State Troop Bounty Warrant, hearing date the ninth day of February seventeen hundred and ninety, in the name of James Cox, for the use of Richard Winn. Approved, 20th December, 1817.

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In the House of Representatives, 19th December, 1817. The committee appointed to enquire whether any, and if any, who of the issuers of Change Bills, have failed to make returns or pay the penalty agreeably to the laws in such cases made and provided, have performed the duty, and REPORT, that they made out, from the best information in their power, a list of the names of the issuers and the counties in which they lived, and furnished the Comptroller General with the same, which is hereunto annexed, marked A.From the particular attention of the Comptroller, the committee have had it in their power to lay before the house his statement, marked B at an earlier period than they contemplated; the committee think it more than probable, that the names of many of the issuers have been omitted, but they hope that time will correct any error that has been made. From the statement exhibited, it appears that in the county of Richmond, the defaulters for the years eighteen hundred and sixteen and eighteen hundred and seventeen, are Lafitte, Co. the Corporation of Augusta, Corly Dickerson, Joel F. Randolph, McWharter Williams, Dark Matheson, Benjamin Moore, and Jeriah Gray; in Columbia, Jeremiah Reace, Washington Stone, eighteen hundred and sixteen and seventeen; in Oglethorpe, Howard Beall, cashier, and John Moore, president, of the Ready Money company, and Thomas Rhodes, 1816 and 1817; in Elbert, William Woods and Archibald Stokes; in Clark, Moss Easly; in Greene, James A. Young;the digest for Putnam for eighteen hundred and seventeen, has not been received, Mr. M'Kenzie is a defaulter in said county for 1816 and 1817; in Baldwin, all the issuers, nine in number, are in default for 1816 and 1817, to wit; J. W. Lucas, John Boon, Zachariah Lamar, Timothy Bruen, now in Pulaski county, Chapman Jackson, and Chapman, since the partnership dissolved, Isaac Bower, Mathews [Illegible Text], and Frederick Sanford; in Jasper, N. Hascall, and James Richards, for 1816 and 1817; in Wilkinson, Robert Johnson, Adam Hunter, and E. Barker;

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in Hancock, all the issuers are defaulters five in number, for 1816 and 1817, to witWilliam G. Springer, Jacob P. Turner, Jonathan Davis, Sledge Turner, and Hugh Taylor; in Chatham, the Corporation of Savannah, for 1816 and 1817, P. H. T. Crapon and many others, whose names they cannot now ascertain; in Jones, Zachariah Booth for 1816 and 1817; in Warren, James Lawless, and John Butt; in Pulaski, Took, Smith, J. Hand, and R. Moreland. The committee further state, that an error made by the Receiver of Richmond county in the return of McKinne Shultz, of four hundred dollars, has been very lately corrected, though the mistake is not attributable to Messrs. McKinne Shultz. The committee further state, that many who have returned for eighteen hundred and sixteen have not for eighteen hundred seventeen, some who have for eighteen hundred and seventeen have not for eighteen hundred sixteen, which fully appears by the Comptroller's statement marked B.It is possible from the nature of the subject, that some have been mentioned as defaulters who may not be, and the committee would be gratified for any mistake to be corrected.They recommend the adoption of the following resolution: RESOLVED, that the collectors of the respective counties in this state, in which the issuers of Change-Bills reside, or may have resided, at the time of issuing, be, and they are hereby required, to make diligent enquiry in order to ascertain the defaulters for eighteen hundred and sixteen and eighteen hundred and seventeen, and also, those who have failed to return in either of those years, and that they take the legal steps to collect in due time, the penalty of five hundred dollars, as prescribed by the laws now in force in this state. And be it further resolved, that his Excellency the Governor be, and he is hereby required, to forward to the collectors of the respective counties, the names of the defaulters in the county in which such collectors reside, or have the same published in one or more of the public News-Papers of this state, at his discretion. Approved, 20th December, 1817.

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In the House of Representatives, 19th December, 1817. Whereas there is now in the Treasury, as appears by the Treasurer's Abstract submitted to this Legislature, a number of the evidences of the debts due by this state, which have been presented at the Treasury and paid off, to wit; Governors', Presidents' and Speakers' warrants, paper medium, State Troop Bounty warrants, c. c. And whereas the aforesaid papers are of no use to the state, but an incumbrance to the Treasury department, and it is usual at stated periods to have them burnt, and none having been so destroyed since the end of the political year 1813 RESOLVED, that the Treasurer do cause three fair and securate lists of said papers to be made out, one to be deposited in the Executive, one in the Comptroller General's, and one in the Treasury Office; and so soon as said lists shall have been completed, that his Excellency the Governor, with the Comptroller General and Treasurer, shall after carefully examining the same with the aforesaid papers, cause said papers to be burnt; and that his Excellency the Governor cause the expence of making out the aforesaid lists to be paid for out of the contingent fund. Approved, 20th December, 1817. In the House of Representatives, 19th December, 1817. The committee on Finance, to whom was referred a report of a committee appointed to wait on the Treasurer of the state, to ascertain if any, and what amount, of money has been paid by Col. Jones, late Solicitor of the Ocmulgee district, into the branch Bank of this state, at this place, for safe keeping, as belonging to the state for fractional purchases, and a resolution authorising them, if they should deem it expedient, to call for persons and papers in regard to said report; having duty considered the subject, and having made the necessary enquiries, Report, that they have not confined themselves strictly to the subject matter of the aforesaid reference, but have called upon the Treasurer and upon the late Solicitor for

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reports generally, as to the amount of bonds put into the hands of the deceased Solicitor General, Col. Bedney Franklin for collection, and also the amounts thereon collected, and paid into the Treasury by the said Col. Franklin, and by the late Solicitor, Col. Seaborn Jones, and have ascertained, that bonds were placed in the hands of Col. B. Franklin, deceased, exclusive of interest, amounting to - - 177,909 64 1.3 Upon which has been paid by Col. Franklin and other persons for him 69,332 94 1.2 By Col. Jones, late Solicitor, 42,451 41 As will more fully appear, reference being had to the Treasurer's and Col. Jones's reports. It appears by the Treasurer's report of the third instant, that there was deposited in the branch Bank at this place, to the credit of Col. Jones, 22,704 06 And a sealed packet deposited by him, said to contain 2,100 00 Making the sum of 24,804 06 And that on the 9th and 10th instant, the said Col. Jones paid into the Treasury 20,874 38 Which he says is all the money received by him on account of the state debts, (errors excepted) besides five per cent retained by him upon the amount collected, subject to the future determination of the Legislature. The committee on Finance believing that it would be satisfactory, have made the aforegoing statement of facts, supported by the accompanying documents, which they wish to be received as a part of this report. It is impossible for the committee of Finance to say whether the late Solicitors have paid over to the Treasury all the money collected by them for the state, therefore recommend the adoption of the following resolution: RESOLVED, that the present Solicitor of the Ocmulgee district be, and he is hereby required, to enquire and report to the Governor, the amount which has been received of public money, by the late Solicitors, Bedney Franklin and Col. Seaborn Jones, from the bonds placed in their hands for collection. Approved, 20th December, 1817.

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INDEX. Academies sale of lots in Augusta by Comm'rs of, confirmed page 13 Vacancies of Trustees in Meson Academy, how to be filled 40 Trustees of Elbert co. Academy authorised to raise money by lottery 59 Mode of appointing comm'rs for Glynn and M'Intosh altered 84 Comm'rs of Warren co. may purchase at future sales of confiscated property to the amount of 10001. 149 Comm'rs of [Illegible Text] county academy appointed 154 Do. of Telfair do. do. 158 Augusta, city of, Mayor's court established in 70 An act for relief of certain lot-holders in 79 Appropriation of money for the political year 1818 86 Accessories in Crimes, what constitutes 94 After the fact, how punished 120 Arson what constitutes 102 Affrays what, and how punished 123 Adultery and Fornication, how punished 126 Arraignment, Trial and Verdict, 135 Shall not be made with the prisoner tied, bound or fettered 136 Arsenal Governor authorized to build one 146 Appling Daniel, Sword procured for, how disposed of, 150 , 151 Bank of the State of Georgia second section of an act, passed in 1816, respecting it, repealed p. 12stock of, taxed 47 Increased capital of the Bank of Augusta, taken by the state 155 Boats hands of, not permitted to traffick in produce c. 20 Steam-Boat Company incorporated 30 Baldwin County Inferior court of, authorised to levy an extra tax 39 Do. authorised to select Grand Petit Jurors 53 Bostick Nathaniel, authorized to establish a Ferry across the Great Ogechee 61 Bridges James Rousseau authorised to build one across the Oconee 52 The Inferior courts of Baldwin Putnam authorised to build one 64 Biting, slitting or cutting, nose, ear or lip, how punished, 100 Battery, what constitutes, and how punished 101 Burglary, what constitutes 103 Butchers Bakers prohibited selling unwhosome [Illegible Text] or bread 128 The latter shall not sell bread under the assize 131 Courts An extra session of superior courts in Wilkinson Laurens 15 Times of holding of, altered 24 Times of holding the Inferior court in Wilkinson, altered 56 Times of holding in Twiggs altered p. 36also in Camden Wayne 60 Mayor's Court, established in Augusta 70 Times of holding the Inferior court in Elbert county, altered 83 Clerks of the superior and inferior courts of Glynn county, required to keep their offices within one mile of Brunswick 15 May appoint deputies 55 Mode of filling vacancies of, altered 75 Constitution An act for the amendment of the first section of the third article of, p. 28to amend the 4th sec. of the 2d article of 74 Of the United States, proposed amendment to, by N. Carolina, rejected p. 157Do. do. by Kentucky accepted 157 Clarke County, inferior court of authorized to levy an extra tax 39 Columbia County certain acts of deputies in the Clerks offices of, legalized 68 Coulter Thomas, name changed to Mills 70 Cordery, Rob't, Wm. Johnson, c. c. names changed to Rogers 70 Curry Jabez, name changed to Jemison 70 Churches Baptist Church in Augusta, incorporated 91 Crimes persons capable of committing p. 93Accessories in, what 94

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Crimes against the state, against the persons of individuals defined, 95 Against the habitations of persons p. 102against property 104 Against public justice p. 115, against the public peace tranquility 123 Against the public morality, health and police 125 Cattle Stealing, how punished 105 Cards and Dice, playing at any game with, prohibited 127 Cheats and Swindlers, how punished 130 Challenges [Illegible Text]how many allowed 137 Clergy benefit of abolished 138 Change Bills issuers of, who have not made return of, and paid the tax, how to be proceeded against 161 Danielsville, town of, incorporated 7 Darien Volunteer Guards, allowed to muster in Darien, but must nevertheless attend the General Inspections 23 Fees of Health Officer and Harbor Master of, regulated 27 Duels Peace officers to do all in their power to prevent 124 Drane Walter, [Illegible Text] grave directed to be inclosed 158 Elections General Elections in Jackson may be held at several places 6 May be held in Glynn at two places 26 Escheats oaths to be taken by Jurors, on trials under the several laws to regulate, prescribed 38 Enquiry to be made, to ascertain which of the Clerks of the Court of Ordinary have escheated property in their hands 156 Embracery, what, and how punished 122 Ferries, two established across Savannah river in Elbert county 34 One established across the Great Ogechee 61 Fire Company of Augusta, increased 35 Felts James, name changed to Mason 70 Forgery and Counterfeiting, how punished 112 Fines, how paid and to be disposed of 138 Franklin Col. Bedney, statement of public monies received by him 163 Glynn, Inferior court of, authorised to levy an extra tax 9 Part of an act to regulate roads therein, repealed 16 General Elections in, may be held at two places 26 Greene County, Inferior court of, authorised to levy an extra tax 10 Gaming, punishment for 126 Governor, authorised to send to the Executive of each of the States and Territories, a copy of the Laws Resolutions of this state 145 Requested to make enquiry of the Secretary of War, why payment is withheld for services rendered the U. S. by citizens of this state 146 Requested to have the money due upon Fractions and Town Lots collected without delay 151 Requested to have blinds put to the windows of the Senate and Representative Chambers 152 Authorised to appoint a Mathematician, Surveyor and Comm'r to ascertain and plainly mark the boundary line between this state and Tennessee 152 Requested to send to the Governor of South Carolina, a copy of the act appropriating money for opening and improving the navigation of Savannah river 154 Requested to have such alteration made in the Representative Chamber, as he may deem proper 160 Requested to have published in the news-papers, such laws and Resolutions as he may think necessary 160 Gray Precilla, resolution in favor of 147 [Illegible Text] County, Inferior court of, authorised to levy an extra tax 39 Hardy Henry, Trustees of the University required to execute to him titles to certain lands 41

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Hillis Jane, property of Andrew Graves vested in her and her heirs 43 Hern Green B. name changed to Neill 70 Horse Stealing, how punished 104 Hog Stealing, how punished 105 Harbor Masters and Health Officers, act regulating the fees of, to be sent to our Senators and Representatives in Congress 152 Jackson County, Inferior court of, authorised to levy an extra tax 3 General Elections of, where to be held 6 Jurors, Grand and Petit, of Jefferson county, for February term 1817 relieved 13 Jasper County, acts of the late sheriff of, legalized 21 Irwinton, an act to incorporate the town of, amended 65 Idiots, statute of limitations not to run against 73 Infants, statute of limitations not to run against 78 Judiciary, 47th section of act relating to, altered and amended 75 Imprisonment, false, what constitutes 101 Informers shall not compound, penalty against 121 Indictments, form of 134 Judges, their duty in carrying into effect the Penal Code 144 Jones, Col. S. statement of public monies received by him 163 Lebey [Illegible Text], claim of, to estate of John Anderson quieted 23 Louisville, act of 1798 for the regulation of the town of, amended, 42 Lotteries, one granted to the Trustees of the Elbert county Academy 59 Limitations, an act to amend and [Illegible Text] the statute of, in this state, 72 Lunaticks, statute of limitations not to run against 73 Lincolnton, town of, in the county of Lincoln, incorporated 85 Larceny, of writings, 106 From the House 108 Libels, what, and how punished 125 Lewdness and Public [Illegible Text], how punished 126 Laws and [Illegible Text], when to be printed 147 A committee on the part of the Senate to see finished, appointed 153 A committee on the part of the House of Representatives to see finished, appointed 159 Lands, obtained by Jackson's Treaty, and that lately obtained from the Cherokees, what shall be done in regard thereto 148 Laurens County, Commissioners of the courthouse and other public buildings of, appointed 150 Madison County, town of [Illegible Text] in, incorporated 7 Monticello, an act for the better regulation of the town of, altered and amended, 43 Madison, town of, in Morgan county, the act to incorporate, amended 69 Murder, the crime of, defined 95 [Illegible Text], definition of, express or implied ib Manslaughter, what constitutes 96 Malpractice in a Justice of the Peace, how punished 122 Marks and Brands, alteration of, how punished 131 Mischief, fraudulent or malicious, punishable 132 Montgomery, Commr's of courthouse and jail of, appointed 145 Negroes His Excellency the Governor authorised to have collected and sold, all such Africans as have been brought into this state contrary to the laws of the United States 78 Navigation, an act appropriating money for the improvement of, 80 Comm'rs of the Savannah river appointed 154 Do. for Ogechee do. 158 Do. for Oconee do. ib Nuisances other than described in this act indictable 127 [Illegible Text], George G.his grave directed to be enclosed 158

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[Illegible Text] to be [Illegible Text] to Jurors in certain trials, under the several laws to regulate escheats, prescribed 38 Additional oaths to be taken by all Peace Officers 124 Paden Benjamin, an act to pardon 8 [Illegible Text], act to impose additional tax on, altered and amended 17 Putnam County, Inferior court of, authorised to levy an extra tax 39 Powelton, an act for the better regulation of, amended 50 Pate Edward, an act for the relief of, 58 Penitentiary, an act to carry into effect the Penal Code adapted thereto, amended 62 A Captain's rations [Illegible Text] the Principal Keeper 63 Pay of the Guards of, increased 90 Salary of Assistant Keeper and Turnkey 91 Escapes from, punishment for, 120 Commissioners of, appointed 146 Comm'rs of, to be paid out of the [Illegible Text] fund $ 100 each year 163 Paine, Samuel, Jane, Willis and Thompson, names changed to Wood, and adopted as the children of Mathew Wood 71 Perjury and Subornation of, punishment for, when life is affected by it 117 Pox-Small, innoculation for, indictable 129 [Illegible Text] Laws, now in force, to be printed in [Illegible Text] form and distributed 154 Pilotage, Comm'rs-of, appointed for the port of Darien 155 Property Confiscated, proposals for the purchase of, to be sent to the Governor 159 [Illegible Text], punishment for violation of, 129 Roads Russell Goodrich, and others, incorporated into a company, to open a [Illegible Text] road from Tugalo to Thompson's in Tennessee 11 Rousseau James, authorised to build a Toll-Bridge 52 Representation apportioned 54 Richardson John, now John H Richardson 70 Rape, what constitutes and how punished 100 Robbery, what constitutes 104 Riot, what, and how punished 123 Robertson [Illegible Text]. Sec'ry of Senate, authorised to employ additional clerks 154 Stewart Josiati, an act for the relief of 12 Scott William, former Collector of Camden county, time allowed to pay the balance due by him into the Treasury 22 Stages, the exclusive right of running of, from Milledgeville to Augusta granted to John Butt for ten years 35 The exclusive right of running of, from Augusta to Athens, granted to R. H. M`Rea and Richard H. Long for ten years 76 Sheriffs The third section of an act, pointing out their duty in selling land under execution, altered and amended, 37 [Illegible Text], act incorporating of, amended 56 [Illegible Text] Benj. an act for his relief 58 Staves, an act for the trial and punishment of, amended 66 Introduction of into this state, prohibited 139 Salter Ellender, an act for the relief of, 71 Schools a fund to establish and support Free Schools set apart 74 Sodomy, how punished 101 State-House, Governor requested to have the roof of, repaired 147 Sword presented by the state to [Illegible Text]. Daniel Appling to be placed in the Executive-office; and resolution directing the same to be put up with it 150 - 151 [Illegible Text] County, act to make permanent the Public Buildigns thereof [Illegible Text] 4 Time of holding the Superior and Inferior courts of, altered 36

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Twiggs Inferior court of, authorised to have the Minutes of the court of Ordinary transcribed 51 Tax for the support of Government for 1818 47 Additional 50 per centum heretofore levied, discontinued 47 Do. do. of Chatham and Burke yet unpaid, how to be collected 67 Of non-residents may be paid in any county of the State, 156 Theft, what constitutes 104 Or Larceny from the person 107 Or Larceny after a trust has been delegated or a confidence reposed 110 University of Georgia, mode of appointing Trustees of, altered 19 Trustees of appointed 145 - 145 Vagrants who may be considered such, and how to be dealt with 129 Wilkes county, Inferior court of, authorised to levy an extra tax 39 Wester Ira, name changed to Neall 70 Wade, Hampton and Solomon, an act for the relief of 71 Wives, plurality of, how punished 125 Weights and Measures, persons selling by false, how punished 131 Witnesses, competency of, 139 Winn Richard, a bounty warrant in the name of James Cox, to be renewed and delivered to him 160 Warrants, Governors', Presidents' and Speakers' Warrants now in the Treasury, to be listed, examined and burnt 163