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: PRINTED BY CAMAK RAGLAND. 18231100 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, 1823. 18231100 18231200 PUBLISHED BY AUTHORITY. MILLEDGEVILLE; PRINTED BY CAMAK RAGLAND. 1824.

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN NOVEMBER AND DECEMBER, 1823. ACADEMIES. AN ACT To alter and amend an act passed the twenty-third day of December, eighteen hundred and twenty-two, to distribute the Bank dividend and other nett proceeds of the Poor School Fund amongst the different counties in this state. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the sum of twenty thousand dollars, out of the proceeds of the Poor School Fund be, and the same is hereby set apart to be distributed annually amongst the different counties of this state, in proportion to the number of free while population in each county, which population shall be ascertained by the census next to be taken, and which shall be considered as the population of the said counties until it shall be again taken, according to law, for the purpose of educating such children who are destitute of the means of education.

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SEC. 2. And be it further enacted, That the above fund shall be distributed in the following manner, viz: The Inferior Court of each county of this state shall, on the first Monday of February next, or as soon thereafter as they conveniently can, appoint three discreet persons in each county, which persons shall give to his excellency the Governor bond and security in the penal sum of one thousand dollars each, and also take and subscribe before any one of the justices of the Inferior Court, the following oath: I, A. B. do solemnly swear that I will, to the best of my ability, distribute whatever monies may come into my hands in such manner as, in my opinion, will most conduce to the education of the poor children in my county, and make a true return thereof, agreeable to the requisitions of law, so help me God; which oath shall be signed by the party and entered on the minutes of the Inferior Court. SEC. 3. And be it further enacted, That the trustees aforesaid shall hold their offices during good behavior, and a majority of them shall be competent to the transaction of business, and should either of them fail or refuse to do their duty as trustees, the Inferior Court shall have power to remove them and appoint others in their place. SEC. 4. And be it further enacted, That the trustees in each county, when thus appointed and sworn, shall, and they are hereby authorised to draw on his excellency the Governor for the amount of money which their county may be entitled to, agreeably to the before mentioned plan of distribution and his excellency the Governor shall be, and he is hereby authorised and required to draw a warrant on the Treasurer for the sum. SEC. 5. And be it further enacted, That the trustees shall have the power of selecting the objects of this law in their county, and to apportion and distribute the funds as in their judgment will be most effectual in carrying the object of this law into effect, and in order to do so, shall appoint in each school district, where a school is or may be kept up, a sub-trustee, whose duty it shall be to report the number, names, and situation of the poor children in said neighborhood, and under the direction of the board, contract for and superintend the education of such as the board

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shall agree to educate; Provided, That the person whose application may be refused by the trustees, shall have the right of appeal to the justices of the Inferior Court. SEC. 6. And be it further enacted, That the trustees shall purchase a good and sufficient bound book, to be paid for out of the poor school money, for the purpose of registering all the proceedings of this institution, and shall make an annual return thereof to the Senatus Academicus, by the Senator elect from their county. SEC. 7. And be it further enacted, That his excellency the Governor be, and he is hereby required to transmit to the justices of the Inferior Court in each county in this state, a dedimus to be sworn and subscribed to before them, and also Blank bonds, which dedimus and bonds, when executed agreeably to the requisitions of this act, shall be deposited in the Clerk's office of the Superior Court, and in case a breach or violation of the duty enjoined by this act, by any trustee, may be sued by the Inferior Court of said county, and the amount recovered thereon shall, after defraying necessary expenses, go to and become a part of the poor school fund of said county. SEC. 8. And be it further enacted, That so much of the act of which this is amendatory, as militates against this act, be, and the same is hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823.

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AN ACT To amend and explain an act entitled an act to vest the appointment of Commissioners of Academies, Vendue Masters, Notaries Public and Lumber Measurers in certain persons therein mentioned, passed the eighteenth December, eighteen hundred and sixteen. Be it enacted by the General Assembly of the State of Georgia, That from and after the passing of this act, the Inferior Courts, Corporations and Commissioners, respectively, as mentioned in the above recited act, shall have the exclusive power of appointing any number of the officers therein mentioned that they may deem expedient in their respective counties and towns, where the number is not defined or limited by law. And also the exclusive power of filling all vacancies which may occur among such of said officers whose numbers are limited by law. SEC. 2. And be it further enacted, That so much of the above recited act as may be construed repugnant to this act be and the same is hereby repealed. Provided, that all appointments of Notaries Public, Lumber Measurers, Vendue Masters and Commissioners of Academies, that have been made by the legislature of this state since the passing of the act of the eighteenth December, eighteen hundred and sixteen, entitled an act to vest the appointment of Commissioners of Academies, Vendue Masters, Notaries Public and Lumber Measurers, in certain persons therein mentioned, shall be and they are hereby declared to be valid. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor Assented to, Dec. 22, 1823.

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AN ACT To incorporate Philomathia Academy in the county of Elbert, and to appoint other commissioners therein named. Be it enacted by the Senate and House of Rspresentatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passing of this act the Academy in the county of Elbert, known by the name of Philomathia Academy, shall be called and known by that name, and that Beverly Allen, Henry White, Asa Thompson; Bedford Harper, and Richard Banks, the present Trustees of said Academy and their successors in office, be and they are hereby declared to be a body corporate and politic, by the name and style of the Trustees of Philomathia Academy and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, to have and use a common seal, and to do and perform all such matters and things as may be authorised by the constitution or fundamental regulations of said Academy. SEC. 2. And be it further enacted, That the trustees or proprietors of said Academy, or such authority as may be authorised by said fundamental regulations, shall have power to adopt such bye-laws and regulations as may be necessary for its government and prosperity, and to appoint and remove for improper conduct or neglect of duty, such officers as may be authorised by the proper authority. Provided, that the regulations for the government of said Academy be not repugnant to the constitution and laws of this state. SEC. 3. And be it further enacted, That the said trustees and their successors in office shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts, grants, privileges and immunities whatsoever, which may belong to the said institution, or which may hereafter be conveyed or transferred to them, to have and to hold the same for the proper benefit and behoof of said Academy. SEC. 4. And be it further enacted, That elections of trustees and other officers shall be held at such periods

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and in such manner, and vacancies occurring in the board or in the other offices, shall be filled in such manner as may be prescribed by the laws and regulations for the government of said institution. SEC. 5. And be it further enacted, That Wiley Thompson, Jeptha V. Harris, Archelus Jarret, John A. Heard, and Thomas Jones, be and they are hereby appointed trustees of the Elbert County Academy, and that the said trustees and their successors in office be and they are hereby declared to be a body corporate and politic by the name and style of the Trustees of the Elbert county Academy, and shall be vested with the same powers and under like restrictions as are prescribed for the Trustees of the Madison county Academy by an act passed on the thirteenth day of December, eighteen hundred and twenty-three, entitled an act to incorporate the Madison County Academy and to appoint trustees for the same. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. AN ACT To establish and fix the name of the Academy at Mount Zion in the county of Hancock, and to incorporate the trustees thereof. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Aesembly met, and it is hereby enacted by the authority of the same, That

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immediately from and after the passing of this act, the Academy at Mount Zion in the county of Hancock, shall be called and known by the name of The Mount Zion Academy, and that John G. Gilbert, Barnaba Shivers, Thomas Lundy, John Brown, Benjamin Gilderslieve and Joseph Bryan, and their successors in office, be and they are hereby declared to be a body politic and corporate, by the name and style of The Trustees of the Mount Zion Academy, and as such body politic and corporate, shall be capable of doing all acts which may be necessary for the complete execution of the trust confided to themthat they shall be invested with all manner of property both real and personal, which shall be acquired by gift, purchase, or otherwise, for the use and benefit of the said Academy, shall be capable of suing and being sued, of having and using a common seal, and they the said trustees and their successors in office, or a majority of them, shall have the privilege of making their own bye-laws, provided they contain nothing repugnant to the constitution or laws of the United States, or of this state, and of filling all vacancies in their own board, which may be occasioned by death, resignation, or otherwise. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. To authorise the citizens of Baldwin county to establish Common Schools. AN ACT Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

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and by the authority of the same it is hereby enacted, That the citizens of Baldwin county shall be authorised to establish common schools in the following manner. SEC. 2. And be it further enacted, That on the first Monday in February, eighteen hundred and twenty-four, there shall be held at the court house in the town of Milledgeville, between the hours of eight o'clock in the morning and five o'clock in the afternoon, an election for five commissioners of common schoolsBut should the election fail on account of the failure of a sufficient number of voters to attend, the polls shall again be opened on the first Monday in April, but in each succeeding year the election shall be held on the first Monday in February. The election shall be attended by the same officers who superintend the general elections, and the voters shall possess the same qualifications; and the magistrates superintending the election shall make a return of the result to the Inferior court of the county, who shall on the next day, or as soon thereafter as practicable, examine the return, and if in their opinion a majority of the voters of the county have attended and voted, they shall issue a certificate of such opinion to the five commissioners having the highest number of votes, and the commissioners shall be instantly qualified for the duties of their appointment; But this law being once accepted shall continue in force, however small the number of voters at any future election for commissioners.And the certificate of the attending magistrates, shall be recorded on the books of the commissioners of common schools, and no further commission shall be required to authorise those so elected to perform all the duties of their appointments. The commissioners so elected shall receive no pay or emolument for their services, but shall be bound to accept their appointments under the penalty of thirty dollars each for non acceptance, and shall moreover be liable for all damages which may result from the neglect of their duties, but no individual shall be bound to serve more than two years in succession: Provided, That the citizens of Baldwin county, on failing to adopt this law in the year eighteen hundred and twenty-four, may do so upon the same terms and in the same manner, in any succeeding year, unless this law shall have been previously repealed by the LegislatureAnd the citizens aforesaid, shall on any succeeding

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year, be competent to suspend the operation of this law, on a majority declaring their wish to do so, by writing on the ticket they give in for county commissioners the words no election. SEC. 3. And be it further enacted, That the commissioners so elected shall have the following powers and dutiesThey shall cause the county to be laid off into a suitable number of school districts, and shall have power to revise and alter such districts in the manner experience may render necessaryThey shall levy a county tax, which shall not exceed the general tax of the year eighteen hundred and twenty-two, and if they think proper to raise a smaller amount, it shall be assessed by a given rate per cent. on the general tax of that year; and the tax collector of the county shall be, and he is hereby bound to collect the tax thus assessed, in the same manner that extra taxes have been heretofore collected; and the money thus collected as a school fund, shall be paid over to the county treasurer, hereinafter appointed, and the collector may retain the same amount of fees he would be entitled to for collecting a similar amount for the stateThey shall annually, at their first meeting, or as soon thereafter as practicable, appoint a president of their board, a clerk, and a county treasurer, and also three trustees to each school district, who shall not reside without the district they are appointed forThey shall examine into the qualifications of teachers, and none shall be employed by the trustees without having first obtained a license from the board of commissioners; and no licence shall be granted to any teacher unless he is of good moral character, and suitably qualified; they may however grant a special licence to suit the existing state of any district under their directionThe board, on giving notice to the individual, shall at all times be competent to annual a teacher's licence, for any reason they may think properThey shall collectively or individually, visit each school at least once in every six months such school may be kept in operation, and in all things relative to the management of the schools and mode of teaching, the trustees and teachers shall be under the control of the board of commissionersThey shall particularly notice, and cause to be punished, all failures and omissions on the part of the trustees and teachers, and they

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are considered accountable for the entire management of the common schools of the county, and all powers necessary to the fulfilment of these duties are hereby granted.All fines and penalties which may be raised by the provisions of this act, shall become a part of the school fund; and for the neglect or omissions of the commissioners, any citizen of the county may institute an action on the case, in any court having competent jurisdiction thereof. The board of commissioners shall pay out of the county fund, the whole of the expenses necessary to the fulfilment of their functions and those relating to the general interest of the institution, and the balance remaining they shall pay over to the trustees of each district in due proportion to the children of such district entitled to the benefits of the common schoolAnd a majority of the commissioners shall always be competent to act as a full board, and to fill any vacancy which may happen in the board, or in the trustees of any district. SEC. 4. And be it further enacted, That the clerk of the board of commissioners shall keep a true record of all their proceedings. He shall take an oath for the faithful performance of his duties, before any magistrate qualified to administer the same, and the books kept by him are hereby declared books of public record, and shall be so received in any court of law or equity in this state; and he shall moreover receive and record, in a book kept for that purpose, all the accounts of expeditures which may be returned by the district trustees, and sanctioned by the board of commissioners, and the record once made, shall forever exonerate the trustees from further liability on account of those expenditures. SEC. 5. And be it further enacted, That the county treasurer shall give bond to the commissioners for the faithful performance of his duties; he shall receive all school money from the tax collector, and in the event of the collector refusing to pay it over, he may issue an execution to raise it, in the same manner the state treasurer might do against a delinquent collector; and the tax collector shall take from the county treasurer a receipt for the school money paid him, which receipt he shall return to the clerk of the board of commissioners, who shall instantly record it, and endorse a certificate of such record on the receipt, and

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then return it to the collector, and the receipt thus recorded shall stand as a full settlement of the amount it specifies. SEC. 6. And be it further enacted, That all male white children between the ages of seven and eighteen years, and all females, of like description, between the ages of six and thirteen years, shall be entitled, as a matter of right, to an equal participation in the advantages of the common schools of the districts in which they reside. SEC. 7. And be it further enacted, That Milledgeville shall compose only one district, and the commissioners of the academy shall be acknowledged by the county commissioners as the trustees of said district; and the commissioners of the academy shall cause an enumeration of all the children within the corporate limits, entitled to the benefits of this act, and also of all children residents of the county, who may be students of the academy, and such children shall be numbered only in the Milledgeville district; and on making a return of the whole number to the county commissioners, the sum allowed by this act to sucli number of children, shall be paid over accordingly to the commissioners of the academy, who are hereby authorised and required to provide for the expenditure of said sum of money in such manner as to allow to each child an equal proportion. SEC. 8. And be it further enacted, That the trustees so appointed shall have the following powers and perform the following duties:they shall employ teachers and provide suitable houses for the schools in their respective districts, and each district shall bear the expenses attending the purchase or rent of such houses as they may require. To this purpose they are hereby authorised to raise a tax not exceeding two hundred dollars on the inhabitants of the district, each paying according to the ratio of his state tax, and in the event of non-payment by any individual they may issue an execution and cause it to be collected in the usual manner by the constable of the district, and each individual liable to pay taxes within the district shall on application of the trustees or any one of them make known on oath if required the amount of his general tax paid to the state on that or the preceeding year.They shall out of the money received from the county pay for tuition only, except there are children so poor as to be unable to procure the necessary

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books and stationary, in which case they shall be supplied out of the money allowed to the district in which they reside. And the trustees aforesaid shall obtain a true account of the number of children in their respective districts entitled to the benefits of this institution and make a return of the number to the county clerk within one month from the time after they are notified of their appointment and should they neglect to make a return, or make a return of a greater number of children than reside within their district, they shall for every such offence forfeit the sum of ten dollars, and each additional child so fraudulently returned shall be considered a separate offence. Provided, the trustees of each district shall have privilege to unite the funds allotted to the district with those raised by any number of individuals or academy within their limits, or by permission of the county commissioners, by any academy or private school in their neighborhood.They shall in the absence of the board of commissioners have the entire control of the school, which shall in every year terminate by the twentieth of December.They shall in the last week in December, in each and every year make a true return of all their proceedings, (particularly their expenditures,) to the county clerk. SEC. 9. And be it further enacted, That the trustees so organized, empowered, and constituted, shall be a body corporate so far as to own property, and receive such donations as may be made to the school of the district, and also to commence and defend such suits in law as they may find necessary for their defence or advantage, and in the event of their neglect of duty they shall be liable in their individual capacity to answer in damage to the county commissioners, before any tribunal having cognizance of the case, and they shall moroever be bound to serve when appointed, under a penalty of ten dollars for each refusal. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823.

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To incorporate the Leaksville Academy in the county of Newton. AN ACT Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas Wilburn, Robert Leak, John Chislum, Jack Wilburn and Columbus Watson, be and they are hereby appointed, they and their successors in office shall be and are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Leaksville Academy, with the privilege of using a common seal. SEC. 2. And be it further enacted. That the said trustees and their successors in office, or a majority of them are hereby authorised and empowered to appropriate in the manner they may think calculated to promote the interest of the aforesaid institution, and to erect suitable edifices for the promotion of literature, all money and specialties belonging or in any wise appertaining to the said institution. SEC. 3. And be it further enacted by the authority aforesaid, That the aforesaid trustees and their successors in office, or a majority of them, are hereby authorised to make such bye-laws and regulations as may be necessary for the government of said academy: Provided, that such by-laws and regulations be not repugnant to the constitution and laws of this state, and that they be intrusted with all manner of property, both real and personal, all donations, gifts, grants, privileges and immunities whatsoever, which may belong to said institution, by virtue of this act or which may hereafter be made conveyed or transferred to them or their successors in office to have and to hold the same. SEC. 4. And be it further enacted by the authority aforesaid, That the trustees aforesaid and their successors in office, shall and they are hereby declared to be capable of suing and being sued, impleading and being impleaded, and of using all necessary and lawful means for securing and defending any property, debts or demands whatsoever,

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which they may claim or demand in right of said institution, and also of recovering the rents, issues, and profits of the same or any part or parcel thereof. SEC. 5. And be it further enacted by the authority aforesaid. That should any vacancy happen by death, resignation, or removal of any of the trustees of said academy hereby authorised and established, it shall be filled in such manner as a majority of the remaining trustees may point out in their regulations at their first meeting after the passing of this act, or at any meeting thereafter: Provided, that the same shall not exceed twelve months. SEC. 6. And be it further enacted by the authority aforesaid, That the said trustees shall have power to select a treasurer, who shall give bond and approved security to the said board of trustees for the time being and their successors in office, in the sum of ten thousand dollars for the faithful discharge of the trust reposed in him. SEC. 7. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives THOMAS STOCKS, President of the Senate G. M. TROUP, Governor. Assented to, Dec. 22, 1823. To authorise the commissioners of Glynn county Academy to establish free schools in said county. AN ACT Be it enacted by tho 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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Robert Hazlehurst and James Hamilton Cooper he and they are hereby appointed commissioners of the Glynn county academy in addition to those already in office, and they are hereby authorised to appropriate all or any part of money which may be in hand belonging to said academy to the establishing of two free schoolsone in the twenty-sixth district, at or about William Hughston's, and one in the twenty-seventh district at any place the commissioners may think proper, and they are authorised to employ one teacher for each school. SEC. 2. And be it further enacted, That no child or children shall receive their tuition gratuitously whose parents pay two dollars on their state tax, and any monies which may arise from the tuition of children sent to these schools shall go to the support of said schools. SEC. 3. And be it further enacted, That the operation of Glynn county Academy shall cease after the time expires for which the present teacher may be employed, until the funds of said institution shall so increase as to enable the commissioners to carry into effect the above named free schools. SEC. 4. And be it further enacted, That the commissioners of said Academy shall have full power to adopt such rules and regulations as may be by them thought to be most conducive to the interest of said schools. SEC. 5. And be it further enacted, That the commissioners shall meet at Brunswick on the first Monday in March next, or any other day that they may appoint to carry into effect the intent of act, and one or more of said commissioners shall visit the schools once in two months and report the condition of the schools and situation of the children to the general board. SEC. 6. And be it further enacted, That the commissioners shall call on the treasurer of the Academy who shall as soon as possible lay before the said board a statement of the amount of all monies belonging to said institution so as to enable the commissioners to carry into effect the provision of this act.

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SEC. 7. And be it further enacted, That the commissioners shall purchase such books and paper as the children may want while at school and to pay for the same out of the money belonging to said institution. SEC. 8. And be it further enacted, That all laws or parts of laws militating against this act be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823. To appoint Trustees of the Telfair county Academy, and to incorporate the same. AN ACT 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 Nathaniel Ashley, John L. Lamkin, John Paramore, Lewis L. Lamkin, John Wilcox, Redding Wooter, and Duncan McBac. be and they are hereby appointed trustees of the Telfair county Academy, and constituted a body politic and corporate, having perpetual succession under the name and title of the Trustees of the Telfair county Academy, and by that name and style are hereby made able and capable in law to have, purchase, receive, possess, enjoy and retain, to them and their successors, lands, rents, tenements, goods, chattels, and effects, of what kind nature or quality soever, and the same to sell, alien, demise or dispose of for the benefit of the institution entrusted to

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their care, to sue and be sued, plead and be impleaded, answer and be answered in courts of record or other places, and also to make, have and use a common seal, and the same to break, alter, and revoke at pleasure, and also to ordain, establish and execute such bye-laws, ordinances and regulations as may by them be deemed necessary not inconsistent with the constitution and laws of this state. SEC. 2. And be it further enacted, That the said trustees or a majority of them, shall have power to appoint a secretary and treasurer, under such restrictions, obligations and regulations as may to them appear suitable and proper. SEC. 3. And be it further enacted, That when any vacancy shall or may happen by death, resignation, or otherwise, such vacancy may be filled by the said trustees in such manner as they may deem proper, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To authorise the commissioners of McIntosh county Academy to establish one or more schools for the education of poor children. 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 commissioners

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of McIntosh county Academy, be and they are hereby authorised to establish one or more-free schools in the county, as appendages of said Academy, and the said free schools to discontinue and renew as they or a majority of them from time to time think proper. SEC. 2. And be it further enacted, That all laws and parts of laws militating against this act be and the same are repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To entitle the incorporated Academies of Hancock county to their full dividend of the funds set apart for the county Academies. Whereas, by an act passed the twenty-third day of December, eighteen hundred and twenty-two, to distribute certain funds among the several counties in this state for the use of Academies, and to provide a method of obtaining further information concerning endowments heretofore granted, it is provided that each county shall have an equal part of the sum to be distributed, until each shall have received two thousand dollars, including the amount already received in cash or in confiscated property. And whereas, it appears by the book deposited in the Treasury Office containing an account of the sales of reverted confiscated property in the year seventeen hundred and ninety-four, that Roberts Thomas purchased for the [Illegible Text]

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county Academy the after mentioned tracts of land, viz: 150 acres, bounded on all sides by vacant land at the time of survey, sold as the property of Arthur Corney, at 25 l. 5 s 400 acres, bounded north-westerly by the river Alatamaha, and on all other sides vacant land at the time of [Illegible Text] sold as the property of Arthur Corney, at 280 l making in the whole, 306 l. 5 s. And whereas, it appears that the aforesaid tracts of land could never be found, and from all the information your committee have been able to obtain, never were conveyed to the aforesaid agent, and the county of Hancock has not, nor never will realize one cent from said land.Wherefore, 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 incorporated Academies in the county of Hancock, be and they are hereby declared to be entitled to their full dividend of the fund set apart for county Academies, in the same manner as though no confiscated land had been purchased by their agent Roberts Thomas, for the use of the county. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823. To change the name of Farmer's Academy in Jones county. AN ACT 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 immediately after the passing of this act, the Academy in the county of Jones, now known by the name of Farmer's Academy, shall be known and called by the name of Planter's Academy. Sec. 2. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, G. M. TROUP, Governor Assented to, Dec. 20, 1823. AN ACT To incorporate the Walthourville Academy, in the county of Liberty, and to appoint commissioners 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 passage of this act, the Walthourville Academy in the county of Liberty be known and called by the aforesaid name, and that Samuel J. Axson, Daniel Stewart, sen. Thomas Bacon, Thomas Mallard and Samuel Lewis, Esqrs. and their successors in office, be and are hereby declared to be a body politic and corporate, by the name and style of the commissioners of the Walthourville Academy, and as such, shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorised to make such bye-laws and regulations as may be necessary for the government of said Academy. Provided, such bye-laws are not [Illegible Text]

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to the constitution and laws of this state, and for that purpose may have and use a common seal, appoint such officers as they may think proper, and remove the same from office for improper conduct or neglect of duty. SEC. 2. And be it further enacted, That the said commissioners shall be capable of accepting, and be invested with all manner of property, real and personal, all donations, gifts, grants, privileges and immunities whatsoever, which may belong to said institution, or which may hereafter be conveyed or transferred to them, or their successors in office, to have and to hold the same for the proper benefit and behoof of said Academy. SEC. 3. And be it further enacted, That when any vacancy may happen by death, resignation, or otherwise, of any of the commissioners of said Academy, the survivors, or a majority of said commissioners, shall fill the same in such manner as shall be pointed out by the bye-laws and regulations of the commissioners aforesaid. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the [Illegible Text] G. M. TROUP, Governor. Assented to, Nov. 21, 1823. To amend the title of an act to establish Academies in the counties of Bryan and Pulaski. AN ACT Whereas, the said act provides for the establishment and incorporation of the Academies of the counties of Bryan Pulaski, Baldwin and [Illegible Text] and the names of the two [Illegible Text] counties are omitted in the title of said act.

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Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the title of the said act be, and the same is hereby amended so as to read in the following manner, An act to establish and incorporate the Academies of Bryan, Pulaski, Baldwin and McIntosh. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate G. M. TROUP, Governor Assented to, Dec. 10, 1823. [Illegible Text] [Illegible Text] Harmony Academy in the county of Putnam. AN ACT Be it enacted by the Senate and House of Representa tives 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 Academy in the county of Putnam, now known by the name of Harmony Academy, shall be called and known by that name, and that Thomas Vardiman, President, William L. Walker, Secretary, and John A. Cogburn, Jervis Davis, Overton Walton, Peter R. Gee, and Thomas Ingram, other trustees of said Academy, and their successors in office, be and they are hereby declared to be a body corporate and politic, by the name and style of The Trustees of Harmony Academy, and as such, shall be capable and liable in law to sue and be sued, plead and be impleaded, to have and use a common seal, and to do and perform all such matters

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and things as may be authorised by the constitution or fundamental regulations of said academy. SEC. 2. And be it further enacted, That the trustees or proprietors of said Academy, or such authority as may be authorized by said fundamental regulations, shall have power to adopt such bye-laws and regulations as may be [Illegible Text] for its government and prosperity, and to appoint and [Illegible Text] for improper conduct or neglect of duty, such officers as may be anthorised by the proper authority: Provided, that the regulations for the government of said Academy shall not be repugnant to the constitution or laws of this state, or of the United States. SEC 3. And be it further enacted, That the said trustees and their successors in office, shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts grants, privileges and immunities whatsoever, which may belong to the said institution, or which may hereafter be conveyed or transferred to themto have and to hold the same, for the proper benefit and behoof of said Academy. SEC. 4. And be it further enacted, That elections of trustees shall be held at such periods and in such ways, and vacancies [Illegible Text] in the board or in the officers, shall be filled in such a manner, as may be prescribed by the proper authority. SEC. 5. And be it further enacted, That if said Academy shall [Illegible Text] any time be suspended for the space of twelve months, this act shall be considered as repealed, and that this act shall at all times be subject to amendment or repeal by the legislature. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, G. M. TROUP, Governor. Assented to, Nov. 24. 1823.

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To incorporate the Madison county Academy and to [Illegible Text] Trustees for the same. AN ACT 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 Academy of Madison county shall be known and called by the name of the Madison county Academy, and that Charles Sorrels, James Long, Willis Towns, William Sanders and Edward Ware, sen. and their successors in office, be and they are hereby declared to be a body politic and corporate by the name and style of the trustees of the Madison county Academy and as such shall be able and liable in law to sue and be sued, plead and be impleaded, and shall be authorised to make such bye-laws and regulations as may be necessary for the government of said Academy: Provided, such bye-laws are not repugnant to the constitution and laws of the state.And for that purpose may have and use a common seal, appoint such officers as they may think proper, and remove the same from office for improper conduct or neglect of duty. SEC. 2. And be it further enacted, That the said trustees shall be capable of accepting and be invested of all manner of property, real and personal, all donations, gifts, grants, privileges and immunities whatsoever, which may belong or which may hereafter be conveyed or transferred to them or their successors in office, to have and to hold the same for the proper benefit and behoof of said Academy. SEC. 3. And be it further enacted, That it shall and is hereby made the duty of the said trustees and their successors in office, to lay before the grand jury at the fall term of the superior court of said county, in each year a full and correct statement of the situation and investments of the funds of said institution in such manner and form as they may think proper, or said jury recommend. And the said returns shall by the said jury be delivered to the clerk of said court, and it shall be the duty of the said clerk to deliver the same to the senator elect from said county, to be

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by him laid before the Senatus Academicus when thereunto required. SEC. 4. And be it further enacted, That when any vacancy shall happen in the board of trustees, it shall be the duty of the said grand jury to fill such vacancy or vacancies which may so happen. SEC. 5. And be it further enacted, That the said trustees be and they are hereby required to appoint a treasurer, separate and distinct from their own board, and to take good and sufficient security for the faithful performance of the duties required of him in such manner as will effectually secure said institution against any loss which might happen by his misconduct. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor Assented to, Dec. 13, 1823. To appoint trustees of the Clark County Academy and to incorporate the same. AN ACT Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Thomas Mitchell, Edward Paine, Sterling Elder, William Meriwether, Hezekiah W. Scovell, John W. Graves, and John H. Lowe, be and they are hereby appointed trustees of the Clark county Academy, and constituted a body politic and corporate, having perpetual succussion under the name and style of the trustees of the

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Clark county Academy, and by that name and style are hereby made able and capable in law, to have, purchase, receive, possess, enjoy and retain, to them and their successors, lands, rents, tenements, goods, chattels and effects, of what kind, nature or quality soever, and the same to sell, alien, demise or dispose of, for the benefit of the institution entrusted to their care, to sue and be sued, plead and be impleaded, answer and be answered, in courts of record or other places, and also to make have and use a common seal, and the same to break alter and renew at pleasure, and also to ordain, establish, and execute such bye laws, ordinances and regulations as may by them be deemed necessary, not inconsistent with the constitution and laws of the state. SEC. 2. And be it further enacted, That the said trustees or a majority of them, shall have power to appoint a secretary and treasurer, under such restrictions, obligations and regulations as may to them appear suitable and proper. SEC. 3. And be it further enacted. That when any vacancy or vacancies shall or may happen by death, resignation or otherwise, such vacancy may be filled by the said trustees in such manner as they may deem proper, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Nov. 21, 1823. To incorporate Eudisco Academy in the county of Elbert. AN ACT 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, the Farmer's Academy in the county of Elbert, now known by the name of Eudisco Academy shall be known and called by that name, and that John Banks, Bedford Harper, William H. [Illegible Text] [Illegible Text] Thompson and Joseph Rucker and their successors in office, be and they are hereby declared a body politic and corporate by the name and style of the Trustees of Eudisco Academy and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorised to make such bye-laws and regulations as may be necessary for the government of said Academy: Provided, such bye-laws and regulations be not repugnant to the constitution and laws of this state, and for that purpose may have and use a common seal, and appoint such officers as they may think proper, and remove the same from office for improper conduct or neglect of duty. SEC. 2. And be it further enacted by the authority aforesaid, That said trustees shall be capable of accepting and be invested with all manner of property, real and personal, all donations, gifts, grants, privileges and immunities whatsoever, which may belong to said institution, or which may hereafter be conveyed or transferred to them or their successors in office, to have and to hold the same for the proper benefit and [Illegible Text] of said Academy. SEC. 3. And be it further enacted by the authority aforesaid, That when any vacancy may happen by death resignation, or otherwise, of any of the trustees of said Academy, the survivors, or a majority of said trustees, shall fill the same in such manner as shall be pointed out by the bye-laws and regulations of the said trustees. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823.

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APPROPRIATION. To appropriate monies for the political year eighteen hundred and twenty-four. AN ACT 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 political year eighteen hundred and twenty-four, the following sums of money be and the same are hereby appropriated, viz: The salary of his excellency the Governor shall be three thousand dollars per annum; the Secretaries of the Governor not exceeding three, one thousand dollars each per annum; the Secretary of state two hundred and fifty dollars; the Treasurer, fifteen hundred dollars; the Surveyor General, five hundred dollars; the Comptroller General one thousand dollars; the Adjutant-General two hundred; the Clerk of the House of Representatives, six hundred dollars; the Secretary of the Senate, six hundred dollars: Provided, That no warrant shall issue for the first quarter's salary of the Secretary of the Senate, and Clerk of the House of Representatives till the executive shall have satisfactory evidence that the said Secretary of [Illegible Text] and Clerk of the [Illegible Text] of Representatives have respectively made or caused to be made and attached to the engrossed Journals of the present session, good and sufficient indexes. The Judges of the Superior courts, twenty-one hundred dollars each; the Attorney-General, and six Solicitors-General, two hundred and twenty five dollars each; for three inspectors of the penitentiary, not exceeding two hundred and twenty-four dollars each. Which 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.

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SEC. 2. An be it further enacted by the authority aforesaid, That for defraying the expenses of the Penitentiary a sum not exceeding ten thousand dollars be and the same is hereby appropriated, and for a printing fund not exceeding fifteen thousand dollars; that the sum of twenty thousand dollars be and the same is hereby appropriated and set apart as a contingent fund, subject to the orders of the Governor during the political year eighteen hundred and twenty-four. SEC. 3. And be it further enacted by the authority aforesaid, That for the compensation of the members of the legislature four dollars each per day, during their attendance be appropriated, and the sum of four dollars for every twenty miles in coming to and returning from the seat of government, and the sum of six dollars each per day to the President of the Senate, and Speaker of the House of Representatives during their attendance, and the sum of four dollars 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 session of the legislature six dollars each per day, and the sum of sixty dollars for contingent expenses each; to the two engrossing clerks and an assistant clerk of the House of Representatives, and two engrossing clerks in the Senate, six dollars each per day; to the clerk of the committee on finance, and the clerk to the committee on the state of the republic, and clerk to the committee on public education and free schools, eighty dollars each; to the messengers and door keepers of the legislature, four dollars each per day during the session; to Marlow Pryor and Rhodam Greene, the sum of one hundred and twenty-five dollars for airing, scouring, and taking care of the Senate and Representative chamber, desks, carpets, c. in the recess of the legislature and making fires on wet days; and to Peter Fair the sum of one hundred dollars for winding up the clock, keeping clean the stair cases, passages, c. That the following sums be and the same are hereby appropriated to Camak Ragland, viz: For printing sixteen quires of [Illegible Text] and advertising the sales of fractions in eighteen hundred and twenty one, thirty-eight dollars and fifty cents. For printing the Comptroller's report in eighteen hundred and twenty-two,

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thirty dollars; for printing the bill for the election of electors, five dollars; for the bill for altering the constitution relative to the Governor's election, fifteen dollars; for the board of public works, twenty dollars; for the loan office, fifteen dollars; for the treasurer's and comptroller's report, one hundred and twenty dollars; for the free school bill, fifteen dollars; for the punishment of slaves, eight dollars; for the report on Jackson's claims, thirty-five dollars; for the report from banks, one hundred and thirty dollars; for the report on the memorials from Augusta, Savannah and [Illegible Text] ninety-five dollars; for honest debtor's bill, fifteen dollars; for the dower bill, fifteen dollars; and his excellency the Governor is hereby authorised and requested to draw a warrant on the treasury in their favour for the amount of their account for printing the report of the committee on finance; the sum of three hundred dollars to John W. Hunter, under a concurred resolution appointing him an agent on the part of this state to aid in obtaining a settlement of the claims of the citizens of this state for military services; the sum of four hundred dollars to the keeper of the public arms for cleaning and furnishing materials and taking care of public arms at Milledgeville; to James Webb, Esq. for services in laying out and marking with durable posts the town of Macon, the sum of four hundred and thirty dollars and fifty cents, as recommended by the joint committee on finance; to John Mercer, Edward Conner, Amos Love, James Rosseau and Theodrick Montfort, commissioners for selling fractions, four dollars each per day; to Messrs. Camak Ragland for printing the laws of College, forty dollars; to James Bozeman. Esq. late comptroller-general, forty dollars for examining, correcting and adding up the returns made by the commissioners appointed by the state to sell the fractions in Walton, Gwinnett, Hall, Habersham and Rabun; to the clerk of the committee on the state of the republic, for his services as clerk to the select and joint committee on the memorials from Darien, Savannah and Augusta, the sum of twenty dollars; to Yelverton P. King, solicitor-general of the Ocmulgee circuit, one hundred and ninety-nine dollars, and to Cicero Holt, solicitor-general of the western circuit, one hundred and five dollars for services by them respectively rendered in collecting money for the state during the past political year; to Roger L. Gamble, Esq. late attorney-general,

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twenty-four dollars and fifteen cents, for services rendered by him in collecting money for the state, being five per cent on the sums by them respectively collected and paid into the treasury. To the commissioners of fraction sales, a sum not exceeding one hundred and fifty dollars for stationary; to James Blair for services rendered as commissioner at the proposed Cherokee treaty, two hundred and eighty dollars; to Johnson Willborn one hundred and eighty-four dollars; to Charlton Welborn for services as clerk at the proposed [Illegible Text] treaty, one hundred and sixty-eight dollars; to William Triplett, Esq. for like services, two hundred dollars. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. BURYING GROUNDS To incorporate the trustees of the public [Illegible Text] of the village of Summerville. AN ACT Whereas, a certain portion of land in the village of Summerville in the county of Richmond, hath been set apart and appropriated by Thomas Cumming, Esq. of the city of Augusta, as a public cemetery for the village of Summerville aforesaid, and whereas, the said Thomas Cumming, Esq. is desirons of conveying the same to Edward F. Campbell, Hugh Nesbitt, John Moore and Thomas McDowall, as a corporate body, in trust for the aforesaid purpose

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Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Edward F. Campbell, Hngh Nesbitt, John Moore and Thomas McDowall 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 public cemetery of the village of Summerville. SEC. 2. And be it further enacted, That the said Edward F. Campbell, Hugh Nesbitt, John Moore and Thomas McDowall, trustees as aforesaid, and their successors in office, shall be invested with all manner of property both real and personal, which they may acquire or be possessed of by gift, grant, purchase, or otherwise, and all privileges and immunities whatsoever which may hereafter be made, conveyed or transferred to them or their successors in office, for the purpose aforesaid, and also that the said trustees and their successors in office, shall and they are hereby declared capable of using a common seal, and of suing and being sued. impleading and being impleaded, and of using all legal and necessary steps for recovering or defending any property whatever, which the said trustees and their successors may hold, claim or demand, and also for recovering all subscriptions, issues and profits of the same or any part or parcel thereof. SEC. 3. And he it further enacted, That the trustees as aforesaid, and their successors in office, or a majority of them, shall and may have power to fill any vacancy which may happen in the trustees, by death resignation, or otherwise, as soon after such vacancy occurs, as may be found convenient to the remaining trustees. SEC. 4. And be it further enacted, That this act shall at all times be subject to alterations and amendments by the [Illegible Text] DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate G. M. TROUP, Governor. Assented to, Nov. 21, 1823.

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AN ACT To grant and secure to the commissioners of the incorporation and citizens of the town of Macon, Bibb county, four acres of ground at or near Fort Hawkins, for the purpose of public burying grounds. 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 commissioners of the incorporation of the town of Macon shall be at liberty to lay out four acres of ground in such forms as to include the two present burying grounds at or near Fort Hawkins, which lots when so laid out shall be and the same is hereby set apart and granted to the commissioners and their successors in office, of the incorporation and citizens of the town of Macon, for the purpose of public burying grounds. SEC. 2. And be it further enacted by the authority of the same, That the commissioners of the incorporation of the town of Macon and their successors in office, have full powers to inclose and protect from trespass or injury the aforesaid lots of ground. DAVID ADAMS, Speaker of the House of Representatives THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823.

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CENSUS To provide for taking the census of this state as required by the constitution. AN ACT 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 justices of the inferior courts or any three of them in each county respectively in ninety days after the adjournment of this legislature, to appoint one or more persons in each county, that is to say, one person in each battalion that may be in the respective counties, whose duty it shall be to take a full and accurate census or enumeration of all the free white persons and people of colour residing therein, distinguishing in separate columns the free white persons from those of colour, and return the same to the clerks of the superior courts of the several counties, certified under their hands, on or before the first day of October next, the persons so appointed being first severally sworn before the said justices, or either of them, duly and faithfully to perform the trust reposed in them: and it shall be the duty of said clerks to transmit all such returns to his excellency the Governor on or before the first Monday in November next, to be by him laid before the legislature; and it shall be the duty of the legislature then in session to apportion the members of the House of Representatives among the several counties, agreeable to the plan provided by the constitution. SEC. 2. And be it further enacted, That in case the justices of the inferior courts shall fail to appoint persons to take the enumeration within the period of ninety days after the adjournment of the legislature, that the justices of the peace, or any three of them, shall have and exercise like powers respecting the said census, [and if the census [Illegible Text]] enumeration of any county shall not be so taken and returned,

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then and in that case such county shall be entitled to but one representative until the census shall have been taken in such county and returned in conformity to this act. SEC. 3. And be it further enacted, That all persons appointed to take the census in this state, as required by this act, are hereby authorised and required to administer an oath to all heads of families, or any other person, when they are about to give in the number of their families, that they shall not give in any more than they actually have, and no person shall be considered as a part of a family that does not actually reside and board with the person so giving them in at the time they make the return, and no return shall be taken only on oath. SEC. 4. And be it further enacted, That the persons appointed to take the census or enumeration, shall receive the sum of twelve and an half cents for each family so taken and enumerated. DAVID ADAMS, Speaker of the House Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823. CONSTITUTION. To carry into effect the sixth section of the fourth article of the constitution. AN ACT 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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no collector, sheriff, coroner, clerk of the superior court, clerk of the inferior court, or any other person who is or may be a holder of public monies, and elected to any office, shall be commissioned by the Governor, or be qualified by any judge, justice of the inferior court, or justice of the peace, until he shall produce to his excellency the Governor, and also the judge, or justice of the inferior court, or justice of the peace, before whom he appears to be qualified, a certificate from the treasurer of the state, countersigned by the comptroller general, certifying that he has accounted for and paid into the treasury all sums for which he is accountable and liable, which certificate shall in each and every case accompany the dedimus potestatem. And whereas, various persons are holders of public monies where no evidence exists in the Treasurer's or Comptroller's office of such fact SEC. 2. Be it further enacted by the authority aforesaid, That in addition to the [Illegible Text] of office, the person elect shall swear that he is not the holder of any public monies unaccounted for. SEC. 3. And be it further enacted by the authority aforesaid, That all collectors and other officers hereafter elected, shall apply for and obtain their commissions and certificates, and qualify within the time and in the manner heretofore pointed out by law, or their offices shall be considered as vacant, and shall be filled in such manner as is now prescribed by law, and the person who has failed to obtain his commission and certificate aforesaid, within the time prescribed by law shall not be considered as entitled to be a candidate for the office: Provided, That this act shall not be construed to affect the election of any collector who may be in arrears the amount of his insolvent list only, and who have not had an opportunity of having such list allowed, from the failure of any court. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823.

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To alter and amend the second section of the second article of the constitution of the state of Georgia. AN ACT Whereas, the second section of the second article of the constitution of the state of Georgia is in the following words: The Governor shall be elected by the General Assembly, at their second annual session after the rising of this convention, and at every second annual session thereafter, on the second day after the two houses shall be organized and competent to proceed to business. And as the said second section requires amendment. 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 as soon as this act shall have passed, agreeably to the requisitions of the constitution, the following amendment shall be adopted in lieu of the said section: The Governor shall be elected by persons qualified to vote for members of the General Assembly, on the first Monday in October, in the year of our Lord one thousand eight hundred and twenty-five, and on the first Monday in October, in every second year thereafter, until such time be altered by law, which election shall be held at the place of holding general elections in the several counties of this state, in the same manner as is prescribed for the election of members of the General Assembly. The returns of every election for Governor, shall be sealed up by the presiding justices, separately from other returns, and directed to the President of the Senate, and the Speaker of the House of Representatives, and transmitted to his excellency the Governor, or the person exercising the duties of Governor for the time being, who shall without opening the said returns, cause the same to be laid before the Senate on the day after the two houses shall have been organed, and they shall be transmitted by the Senate to the House of Representatives. The members of each branch

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of the General Assembly shall [Illegible Text] in the Representative [Illegible Text] and the President of the Senate, and Speaker of the House of Representatives shall open and publish [Illegible Text] returns in presence of the General Assembly, and the person having the majority of the whole number of votes given in, shall be declared duly elected Governor of this state: but if no person have such majority, then from the persons having the two highest number of votes who shall be in life, and shall not decline an election at the time appointed for the legislature to elect, the General Assembly shall elect immediately a Governor by joint ballot: and in all cases of election of a Governor by the General Assembly, a majority of the votes of the members present shall be necessary for a choice. Contested elections shall be determined by both houses of the General Assembly, in such manner as shall be prescribed by law. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, G. M. TROUP, Governor. Assented to, Dec. 17, 1823. [This act must be passed by the next Legislature before it can take effect.] CHURCHES AN ACT To authorise the commissioners of the town of Milledgeville to convey a lot to each and every religious society of said town, for a parsonage lot. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,

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and it is hereby enacted by the authority of the same, That the commissioners of the town of Milledgeville and their successors in office, be and they are hereby authorised and required to convey to each and every religious society or association of said town any lot in said town, belonging to the state, which may be selected by said society, for the purpose of building a parsonage house thereon: Provided, That said lot shall revert to the state, if the same be not improved within twelve months from the time of such selection and conveyance, and if the same shall be used in any other way than for the benefit of the parson or minister of said society residing on the same. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To authorise the Justices of the Inferior court of Henry county to convey to the trustees or commissioners of the Baptist society, to the commissioners or trustees of the Presbyterian society, and also to the trustees or commissioners of the Methodist society, a lot of land each for the purpose of erecting buildings thereon for public worship. 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 Henry county, or a majority of them, be and they are hereby authorised and empowered to convey to the trustees or commissioners of the

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Baptist society, also to the trustees or commissioners of the Presbyterian society, and also to the trustees or commissioners of the Methodist society out of the lands acquired for county purposes, and not laid out in town lots, a quantity of land not exceeding one acre to each society, in such part of said land as the said justices, or a majority of them may think proper, for the purpose of erecting buildings thereon for public worship: Provided, That no part of the land that may be conveyed as aforesaid, to either of the said societies shall be used as a burying ground in case the same shall be located within three hundred yards of the public spring. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823. AN ACT To authorise the Justices of the Inferior court of the county of Crawford, out of the lands heretofore by them acquired for county purposes, and not laid out in town lots, [to convey] a certain quantity of land to the trustees or commissioners of the Baptist, the Methodist, and Presbyterian societies, each respectively, for the purpose of erecting thereon buildings for public worship. 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 Crawford, or a majority of them, be and they are hereby authorised and empowered to convey to the trustees or commissioners

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of the Baptist, the Methodist, and the Presbyterian societies to each a lot of land, not exceeding one acre to each society, out of any lands heretofore acquired by said justices for county purposes, and not laid out in town lots, for the purpose of erecting thereon buildings for public worship: Provided, That no part of the said land so conveyed shall be used as a burying ground, in case the same shall be located within three hundred yards of the public springs. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. CLERKS. AN ACT To compel the clerks of the Inferior courts in the several counties in this state, annually at the first term of the Superior court in their respective counties to make and exhibit to the grand jury a statement of the county funds, shewing the receipts and expenditures of their said counties for the preceeding year. 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 clerks of the Inferior courts in the several counties in this state annually at the first term

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of the Superior court in their respective counties, to make and exhibit to the grand jury a full and complete statement of the county funds shewing the receipts and expenditures of their said counties for the preceeding year, [Illegible Text] which statement they shall specify not only all the [Illegible Text] by them received and paid out, but the names of the persons from whom the same has been received, and for and on what account the same has been paid out. SEC. 2. And be it further enacted by the authority aforesaid, That every clerk failing or neglecting to comply with the requisitions of this act, may for the said offence be presented by the grand jury for mal-practice in office, upon which said presentment, in shall be the duty of the Attorney or Solicitor-general to prosecute as in other cases of presentments by grand juries for offences punishable by law: and on conviction the said clerk may be fined, or fined and removed from office, at the discretion of the court. SEC. 3. And be it further enacted by the authority aforesaid, That the justices of the Inferior court shall allow their said clerks such compensation as is reasonable and just, for their services required by this act. SEC. 4. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823.

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AN ACT To establish an Office for Recording the Births of the citizens of this state in each county of the said state. Whereas much inconvenience has been experienced in this state, from the difficulty of obtaining testimony of the ages of persons interested in questions of rights before our courts, and whereas embarrassing difficulties frequently impede the correct administration of justice on this subject: For 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 from and immediately after the passing of this act, it shall be made the duty of the clerks of the courts of Ordinary, in each county respectively, to enter and register in a book to be kept for that purpose, the names of all persons who may report themselves to him, or who may be reported by their parents or guardians, as well as all those who may be hereafter born within the said county, and who may be reported as aforesaid, upon due proof being made by affidavit or oath to the said clerk of the said birth; and that the said clerk shall be entitled to take and receive for each registry which he shall be called on to make, the sum of twenty-five cents. SEC. 2. And be it further enacted by the authority aforesaid, That the parents or guardians of children now in life, or who may be hereafter born, may, upon application to the clerk of the court of Ordinary aforesaid, and upon payment of the aforesaid sum to the said clerk, require him to enter the name of the said child, with the time and place of his or her birth. SEC. 3. And be it further enacted, That the said clerk shall forfeit and pay the sum of five dollars, for each and every refusal to enter the said births as aforesaid, upon such application as aforesaid being made. SEC. 4. And be it further enacted, That the said entry so as aforesaid made; shall be received and held as evidence

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of the birth and age of such person or [Illegible Text] as [Illegible Text] to represent, in any court of law or equity in this state, by the production, either of the original book of entry or of the certificate of the same under the hand and seal of the said clerk; and for which certificate the said clerk shall receive twenty-five cents. DAVID ADAMS. Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. COURTS To change the time of holding the Superior and Inferior courts in the Flint circuit. AN ACT 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, the Superior courts in the different counties in the Flint circuit shall be held at the times following, to wit: In the county of Bibb, on the second Mondays in March and September. In the county of Monroe, on the first Monday in April and Wednesday after the first Monday in October. In the county of Pike on the third Mondays in April and October.

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In the county of Fayette, on the Thursday thereafter. In the county of Newton, on the fourth Mondays in April and October. In the county of DeKalb, on the second Mondays in May and November. In the county of Henry, on the Thursday thereafter. In the county of Houston, on the third Mondays in May and November. And in the county of Crawford, on the Thursday there after. SEC. 2. And be it further enacted by the authority aforesaid, That from and immediately after the passing of this act, the Inferior courts in the different counties in the said circuit shall be held at the times following, to wit: In the county of Monroe, on the fourth Mondays in May and November. In the county of Pike, on the first Mondays in June and December. In the county of Fayette, on the second Mondays in June and December. In the county of Newton, on the third Mondays in June and December. In the county of DeKalb, on the Monday thereafter. In the county of Henry, on the Monday thereafter. In the county of Crawford, on the Monday thereafter. In the county of Houston, on the Monday thereafter. And in the county of Bibb, on the Monday thereafter. SEC. 3. And be it further enacted by the authority aforesaid, That all declarations, writs, recognizances, precepts and processes returnable to either of said courts, shall be made returnable at the times herein before specified. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823.

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AN ACT To authorise the adjournment of the Superior and Inferior Courts and Courts of Ordinary in certain cases, by the officers therein named. Whereas, it frequently happens, from unavoidable circumstances, that the judge of the Superior courts, a majority of the justices of the Inferior courts, cannot attend at the regular term of said courts, and that a term is thereby lost, to the great injury of those concerned, as well as a delay of justice: 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, That from and after the passing of this act, that if from any circumstance, a majority of the justices of the Inferior court in any of the counties of this state should fail to attend at the regular term of said Inferior courts, or at any adjourned term, it shall and may be lawful for any one of the justices of the Inferior court in the county where such failure may take place, together with the sheriff or his deputy, coroner or constable, and the clerk of said court, to adjourn said court to such time as they in their judgment may think proper. SEC. 2. And be it further enacted, That if from any circumstance as aforesaid, a failure should take place in making a court of Ordinary in any of the counties in this state, either at a regular term, or at any adjourned term, that it shall and may be lawful for any one justice of the Inferior court, with the clerk of the court of Ordinary, to adjourn said courts to such time as they may think, in their judgment, proper. SEC. 3. And be it further enacted, That the clerks of the Superior court of this state be authorised, whenever they are informed by the presiding judge, that it is not possible for him to attend the regular term of said court, from sickness or other causes, to adjourn the same to such time as he may direct: and shall moreover advertise the same at the court house of the county in which said court is to be held, and one or more times in some public gazette of the state.

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SEC. 4. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 8, 1823. AN ACT To repeal the proviso of the first section of an act passed the ninth day of December, eighteen hundred and twenty-two, entitled an act to amend the several acts establishing a Mayor's court in the city of Augusta, and also the several laws incorporating said city, and to restore certain parts of former laws upon the subject. 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 proviso of the first section of the above recited act, shall be and the same is hereby repealed, and that all laws or parts of laws that were repealed or altered by the said proviso of the first section, shall be and the same is hereby restored to its original force and effect, any thing in the seventh section of the above recited act to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 8, 1823.

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To change the time of holding the Inferior courts in the county of Telfair. AN ACT 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 March next the Inferior courts of Telfair county shall be held in said county on the first Monday in January and June, any law to the contrary notwithstanding. SEC. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said court to advertise this alteration at one of the most public places in each captain's district of said county. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823. AN ACT [Illegible Text] all cases returned at the last superior court in the county of Elbert, stand for trial at the next superior court. Whereas, in consequence of the indisposition of the Judge of the northern circuit, there was no superior court held in and for the county of Elbert at the last regular term:

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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 all cases returned at the said term shall stand for trial at the next superior court, to be held in and for said county, under the same rules and restrictions as if there had been no failure of a court, and that said cases had been regularly called at the appearance term, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. To alter and fix the time of holding the Superior courts in the Ocmulgee circuit. AN ACT 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 time of holding the Superior courts in the Ocmulgee circuit in this state, shall be as follows: In the county of Jasper, on the second Monday in February and August. In the county of Morgan, on the first Monday in March and September. In the county of Greene, on the second Monday in March and September. In the county of Putnam, on the third Monday in March and September. In the county of Baldwin, on the fourth Monday in March and September.

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In the county of Wilkinson, on the third Monday in April and October. In the county of Jones, on the fourth Monday in April and October. SEC. 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. COMPTROLLER-GENERAL. AN ACT Further to define the duties of Comptroller-General, Solicitors, and Attorney-General, Collectors and Sheriffs, and for other purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passing of this act all the evidences of debts now due, or which may hereafter become due to the state, shall be deposited in the office of the Comptroller-General, whose duty it shall be to call for and receive from the Treasurer all such evidences as are now in the Treasury, to open and keep separate and distinct accounts of every description of debt, against the Treasurer,

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charging him with all sums paid in thereon, as in the accounts of the general tax, and to perform all the duties in the collection of debts due the state which have hitherto been performed by the Treasurer. SEC. 2. And be it further enacted, That the Comptroller General is hereby directed to furnish the Attorney and Solicitors General each with a list of all the [Illegible Text] which have hitherto issued, or which may hereafter issue against defaulting tax collectors within their respective circuits, whose duty it shall be to report to the Comptroller General annually, on or before the meeting of the General Assembly, the situation of said executions, what prospect there is of collecting the money, and any other circumstance of importance to be known relative thereto. SEC. 3. And be it further enacted, That the Comptroller-General is hereby required to issue executions against all defaulting tax collectors, and their securities, (if any,) immediately after the tax which they were appointed to collect shall have become due, and in the event of the death of the collector, or either, or all of his securities, the execution shall issue against the survivors, and the legal representatives of the deceased. SEC. 4. And be it further enacted, That the Comptroller-General shall not in future approve any warrant unless the same is legally chargeable to the fund upon which it is drawn. SEC. 5. And be it further enacted, That all tax collectors who shall fail to pay over the tax which he was appointed to collect immediately after it becomes due, shall pay twenty per cent per annum on the amount thereof until paid, which rate of interest shall be set forth in the face of the execution which may be issued against him and his securities. SEC. 6. And be it further enacted. That whenever any execution or executions against a public debtor are placed in the hands of any sheriff or his deputy for collection, it shall be his duty to make a return thereon to the Attorney or Solicitor-General of the circuit in which he lives, within three months, and upon failure to do so the Attorney or

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Solicitor-General is hereby required to obtain a rule at the Superior court next after the expiration of the three months, against the said sheriff or his deputy, requiring him to shew cause why the money has not been collected, and if collected why it has not been paid over; and should it appear that the money has been collected and detained longer than the time prescribed by this act, then the sheriff or his deputy shall pay twenty per cent per annum on the amount so detained after a written demand by the Solicitor or Attorney. SEC. 7. And be it further enacted, That whenever any public money shall have been collected by or paid over to the Attorney or Solicitors-General, and they detain the same more than one month in their hands, they shall pay twenty per centum per annum thereon until it is paid into the Treasury. SEC. 8. And be it further enacted, That if any tax collector elect shall proceed to collect the tax or any part thereof before he shall have given bond and taken the oath of office, he shall be liable to indictment and upon conviction thereof fined and imprisoned at the discretion of the court. SEC. 9. And be it further enacted, That the Comptroller-General for and in consideration of these additional services and duties shall be entitled to receive in the manner provided in the appropriation law the additional salary of three hundred dollars per annum. SEC. 10. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to Dec. 22, 1823.

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COUNTIES. To add a part of the county of Franklin to the county of Madison. AN ACT Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all that part of the county of Franklin which lies below Black's creek and between the Madison county line and the Hudson's fork of Broad river shall be and the same is hereby added to and declared to be a part of the county of Madison. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCLS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 17, 1823. To vest certain fines in the Inferior court of Chatham county. AN ACT 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 immediately after the passage of this act, all fines imposed by the Superior or Inferior courts of the county of Chatham and heretofore vested in the corporation of the city of Savannah, be and the same are hereby vested in the Judges of the Inferior court of Chatham county, for county purposes. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. AN ACT To alter and amend the first section of an act entitled an act to lay out four new counties from the counties of Houston. Twiggs, Monroe, Jones, Henry, Fayette and Gwinnett, and to attach said new counties to the Flint circuit. Whereas, the said first section of the before cited act laying out the county of De Kalb is not sufficiently definite in prescribing the boundaries of the said countyFor 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 from and immediately after the passing of this act, the section of the before recited act shall be altered and amended so as to give to the said county of DeKalb the following boundaries, to [Illegible Text]: Beginning at the Gwinnett corner on the Newton line, thence along the Hightower trail to where the peach tree road crosses said trail, from thence a direct

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line through Gwinnett county, to the lower corner of fractional lot on the Chatahoochie river, number three hundred and forty-four, in the sixth district of said county, thence down said river to the boundary line near Sandtown, thence along said boundary line to the district corner between district number nine and fourteen, on the Chatahoochie river, thence a due east course along the district lines of thirteen and twelve to the corner of Newton county on the south Ocmulgee river, thence along the line of Newton county to the beginning corner on the Hightower trail, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To organize the county of Decatur, and to appoint commissioners to select a temporary public site for the county of Early. 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 any two or more justices of the peace, not being themselves candidates in said county of Decatur, to hold an election for five justices of the Inferior court for said county, and the justices of the peace shall certify under their hands to the Governor the persons so elected, who shall thereupon be commissioned by the Governor and who shall hold their office until the next election for the justices of the Inferior court throughout the state, unless their office may sooner become vacated by law.

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SEC. 2. And be it further enacted by the authority aforesaid, That Duncan Ray, William Hawthorn, Pillip Pitman, John Sanders and Martin Hardin, or a majority of them, shall be and they are hereby appointed commissioners, to fix on a public site for the county of Decatur, which shall be as near the center of the county as convenience will admit, and said commissioners as aforesaid, shall as soon as convenient, contract for and have erected a court-house and jail for said county. SEC. 3. And be it further enacted, by the authority aforesaid, That the justices of the Inferior court of the county aforesaid, shall be and they are hereby authorised and required to lay off the said county of Decatur into as many captain's districts, as in their discretion may be proper, and whenever said districts may be laid off and defined, the justices of the peace or justices of the Inferior court or any two of them, shall advertise and superintend the election in each captain's district, for two justices of the peace, giving fifteen days notice thereof at the most public place in said district, who shall be commissioned by the Governor, to continue in office until the next election for justices of the peace throughout the state, unless their office may sooner become vacant by law. SEC. 4. And be it further enacted by the authority aforesaid, That it shall be the duty of the justices of the peace after they shall have been commissioned as aforesaid, to advertise in their [Illegible Text] districts for the election of captain and [Illegible Text] [Illegible Text] as required by the militia laws in force in this state, the said election to be superintended and certified agreeably to the provisions of said militia laws. SEC. 5. And be it further enacted by the authority aforesaid, That the justices of the [Illegible Text] court in said county or a majority of them, are hereby authorised and required to advertise at least fifteen days at three or more of the most public places in the county for the election of clerk of the Superior and Inferior courts, sheriff, tax-collector, receiver of tax returns of taxable property, and county surveyor, which said election shall be held at the place of transacting the public business of the county, and it shall be the duty of the Governor to commission all officers both

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[Illegible Text] and military, who may be elected agreeably to the provisions of this act. SEC. 6. And be it further enacted by the authority aforesaid, That the justices of the Inferior court of said county as soon as they may be commissioned and qualified, shall proceed to select grand and petit jurors agreeably to the laws now in force regulating the drawing of grand and petit jurors. SEC. 7. And be it further enacted, by the authority aforesaid, That the place of holding the Superior and Inferior courts and for the election of county officers for the county of Decatur, shall be held at the house of George G. Gaines in said county. SEC. 8. And be it further enacted, by the authority aforesaid, That the above named place shall be the place of holding the Superior and Inferior courts, until the commissioners of said county shall select a place for that purpose agreeably to this act and have made such arrangements as will be in their opinion sufficient to accommodate the said courts, of which the said commissioners shall give notice in said county by advertisement. SEC. 9. And be it further enacted, by the authority aforesaid, That the time of holding the Superior courts in the county of Decatur shall be on the Monday after it is held in the county of Early. SEC. 10. And be it further enacted, by the authority aforesaid, That the time of holding the Inferior courts in the county of Decatur shall be on the second Monday in January and June: Provided, This act shall not be so construed as to prevent the sheriff of Early county from performing the duties of sheriff in the county of Decatur, until the sheriff of that county is qualified to the discharge of his duties. SEC. 11. And be it further enacted, by the authority aforesaid, That William Howard, John Dennard, Wright Sheffield, Samuel C. B. Jackson and Joseph Grimsley, or a majority of them, be and they are hereby appointed commissioners to fix on a temporary public site for the county of Early.

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SEC. 12. And be it further enacted, by the authority aforesaid, That the commissioners above named for the county of Early, or a majority of them, are hereby authorised and required to obtain by lease or otherwise for the county's use whatever quantity of land that may appear to them to be necessary, to erect some temporary public buildings for the use of the county, for holding the superior and inferior courts in, and for the transacting of such other county business as are performed at the court houses, which shall be held and considered as the place for holding courts, elections, c. and as [Illegible Text] as there can be a temporary building prepared, and until there is a permanent site fixed on, and buildings erected for the county's use, and no longer, any law to the countrary notwithstanding. SEC. 13. And be it further enacted, by the authority aforesaid That so soon as the said commissioners have made such choice of a site, and have secured the privilege, that it shall be their duty to proceed to let out a house upon the most economical principles, as in their judgment will best promote the interest of the county, and the county is hereby declared to be bound for the amount of whatever the said commissioners may stipulate for the erecting said temporary court-house. SEC. 14. And be it further enacted, by the authority aforesaid, That whenever there is a permanent site and suitable buildings erected for the county's use, that it shall be the duty of said commissioners to dispose of the former to the best advantage, for the county's use and benefit. SEC. 15. And be it further enacted, by the authority aforesaid, That any law militating against this act be and the same is hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19. 1823.

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AN ACT To authorise the Jailor of [Illegible Text] County to refuse to receive prisoners from other Counties in certain cases. 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 when any prisoner has, or shall hereafter be, put in the jail of McIntosh, and the Inferior court has, or shall hereafter refuse to pay the expenses for the period of sixty days, it shall and may be lawful for the said jailor to notify the clerk of the Inferior court of said county, that after the expiration of thirty days, no other prisoner from said county will be received in said jail, until the expenses due by said county are paid. SEC. 2. And be it further enacted. That all laws and parts of laws, so far as the same militate against this act, be and the same are repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. AN ACT To define the lines between the Counties of Morgan [Illegible Text] Newton, and to add a part of the former to the latter. 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, all that part of Morgan county lying West of a line commencing at the point

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where the Jasper and Newton lines corner upon Morgan, running thence a straight course towards the eighteen [Illegible Text] post, on the dry line near Joseph Lain's, until it strikes the West prong of Little River, thence running up the South prong of said river until it strikes the Newton line, be added to and become a part of the county of Newton. SEC. 2. And be it further enacted, That it shall be the duty of the Inferior court of the county of Newton, to appoint some fit and proper person, whose duty it shall be to run and plainly mark the above described line, who shall be paid for his services out of the funds of the county of Newton. SEC. 3. And be it [Illegible Text] enacted, That so soon as the aforesaid line shall be run and marked, as provided by the second section of [Illegible Text] act, it shall be held, deemed, and known as the true line dividing the counties of Morgan and Newton, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. AN ACT To repeal so much of the second section of an act entitled an act to organise the Counties of Early, Irwin, and Appling, as relates to the Justices of the Inferior Court of Irwin county to be Commissioners of the Court-house and [Illegible Text] of said County, and to appoint the persons hereinafter named Commissioners of said Court-house and Jail. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text], and it is hereby enacted by the authority of the same, That

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from and immediately after the passing of this act, so much of the before recited act as relates to the justices of the Inferior court of the county of Irwin being the commissioners of the court house and jail of said county, be and the same is hereby repealed, and that William Fonlsom, James Crum, Sellaway McCall, Joshua Griffin, and Alexander McDaniel, be and they are hereby appointed commissioners of the court-house and jail in the county of Irwin. SEC. 2. And be it further enacted by the authority of the same, That the said William Foulsom, James Crum, Sellaway McCall, Joshua Griffin, and Alexander McDaniel, are hereby entitled to the same powers as the before recited act gave to the justices of the Inferior court of Irwin county, as commissioners of the court-house and jail of said county. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 13, 1823. For the division of the county of Early. AN ACT 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 immedately after the passage of this act, the county of Early shall be divided as hereafter pointed out, [Illegible Text]: beginning where the district line dividing the fourteenth and twenty sixth districts strike the Chatahoochie river, and continuing said district line east to the corner of districts number ten and seventeen in said county of Early on the Irwin county line. SEC. 2. And be it further enacted, by the authority aforesaid, That all that tract of territory lying south of the line

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aforesaid belonging to the county of Early shall be called and known by the name of Decatur county. SEC. 3. And be it further enacted, by the authority aforesaid, That all the balance of Early county form one other county and retain the name of Early. SEC. 4. And be it further enacted by the authority aforesaid, That all civil and military officers that may be residing in the aforesaid counties, shall continue in office. SEC. 5. And be it further enacted by the authority aforesaid, That the county of Decatur shall be attached to and form a part of the southern circuit. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 8, 1823. DIVORCES. To divorce and separate Robert Chandler and Jane his wife. AN ACT 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 [Illegible Text] connection or civil contract of marriage made

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between Robert Chandler and Jane his wife shall be as fully and completely annulled, set aside, and dissolved as if no such contract had ever been entered into between them. SEC. 2. And be it further enacted by the authority aforesaid, That the said Robert and Jane his wife, shall in future be held as separate and distinct persons, altogether [Illegible Text] by any mystical union or civil contract whatsoever heretofore entered into between them. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. To separate and divorce Jane Harral and James Harral her husband. AN ACT 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 matrimonial connection, or civil contract of marriage between the aforesaid Jane Harral, formerly Jane Huddleston, and James Harral shall be completely annulled, set aside, and dissolved as fully and effectually as if no such contract had ever been made and entered into between them. SEC. 2. And be it further enacted by the authority aforesaid, That the said Jane Harral and James Harral shall in future be held as distinct and separate persons, altogether

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unconnected by any mystical union or civil contract whatever. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 17, 1823. To divorce and separate Delitha Garner and Richard Garner her husband. AN ACT 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 matrimonial connection or civil contract of marriage made and entered into between Delitha Garner and Richard Garner her husband, shall be completely annulled, set aside, and dissolved as fully and as effectually to all intents and purposes as if no such contract had ever been entered into between them. SEC. 2. And be it further enacted by the authority aforesaid, That the said Delitha Garner and Richard her husband shall in future be held as separate and distinct persons altogether unconnected by any mystical union or civil contract whatsoever heretofore entered into between them. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823.

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To separate and divorce Bethenia Fulwood and Andrew Fulwood her husband. AN ACT Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the matrimonial connection or civil contract of marriage made beween Bethenia Fulwood and Andrew Fulwood her husband shall be as fully and completely annulled, set aside, and dissolved as if no such contract had ever been or entered into between them. SEC. 2. And be it further enacted by the authority aforesaid, That the said Bethenia Fulwood and Andrew Fulwood her husband, shall in future be held as separate and distinct persons altogether unconnected by any mystical union or civil contract whatsoever heretofore entered into between them. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. To separate and divorce William Scott and Mary his wife. AN ACT Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and immediately after the passing of this act, the matrimonial connection and civil contract of marriage made and entered into between the said William Scott and

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Mary his wife, formerly Mary Warshaw, be and the same is hereby [Illegible Text], set aside, and dissolved as fully and entirely as if no such contract had ever been made, or entered into between them. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. To divorce Sarah Heard and Stephen G. Heard her husband. AN ACT Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the matrimonial connection, or civil contract of marriage, made and entered into between Sarah Heard and Stephen G. Heard her husband, shall be and is hereby completely annulled, set aside, and dissolved as fully and effectually as if no such contract had ever been made and entered into between them. SEC. 2. And be it further enacted by the authority aforesaid, That the said Sarah Heard and Stephen G. Heard her husband, shall be held in future as separate and distinct persons, altogether unconnected by any union or civil contract whatsoever at any time heretofore made and entered into by or between them. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823.

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To divorce and separate Lavina Cheak and William Cheak her husband. AN ACT 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 civil contract of marriage and matrimonial connection between the said Lavina Cheak and William Cheak her husband shall be completely annulled, set aside, and dissolved as fully and effectually to all intents and purposes as if no such contract had been entered into between them. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 17, 1823. To divorce John Crow and Nancy Crow his wife. AN ACT Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passage of this act, the matrimonial connection or civil contract of marriage heretofore existing between John Crow and Nancy Crow his wife, formerly Nancy Gaun, shall be completely annulled, set aside, and dissolved as fully and as effectually as if no such contract had ever been made and entered into between them. SEC. 2. And be it further enacted, That the said John Crow and Nancy his wife, shall in future be considered as distinct and separate persons, altogether unconnected by any mystical union or civil contract whatever. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 17, 1823.

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ELECTIONS. AN ACT To establish and regulate District Elections in the Counties of Telfair, Early, and Appling, and to punish those who may attempt to defeat 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 after the passing of this act, the general elections for members of Congress, and of the Senate and House of Representatives in the state Legislature, and for all county and state officers, so far as respects the county of Telfair, may and shall be hereafter held at the house of John Cambell, in Captain Wilson's district; at the house of Duncan McRae, in Captain Robinson's district; at Smith's old place, in Captain Dean's district; at the house of John Wm. Lee, in Captain Mitchell's district, and at the court-house. SEC. 2. And be it further enacted by the authority aforesaid, That one justice of the peace, or one justice of the Inferior court and two freeholders may superintend said elections at each place, after said freeholders have taken taken the following oath: I do solemnly swear (or affirm) that I will faithfully superintend this day's election, and make a just and true return thereof, according to law and the best of my abilitiesSo help me God. SEC. 3. And be it further enacted by the authority aforesaid, That the superintendents of each district election shall, and they are hereby required, on the day of said election, to count out the ballots by them taken in, and make a fair statement of the polls; and one magistrate or more of the superintendents from each of the said districts, shall meet one or more from each of the other districts, at

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the court-house of said county, on the next day after said election, and there compare and add the several returns or votes together, and to certify to his excellency the Governor the persons so elected, agreeably to the laws of this state now in force. SEC. 4. And be it further enacted, by the authority aforesaid, That if any person shall vote, or attempt to vote at more than one of the said election districts at the same election, or if any magistrate presiding at such election, shall violate the trust confided to him by this act, such person or magistrate shall be deemed guilty of a high misdemeanor, and shall on conviction thereof, before the Superior court of the said county, be fined in the sum of fifty dollars, and be imprisoned at the discretion of the court for a term not exceeding ten days. SEC. 5. And be it further enacted by the authority aforesaid, That when any doubt shall be suggested as to the propriety of any vote offered, it shall be the duty of the superintendants to administer, in addition to the oath prescribed by law, the following oath, viz: I do solemnly swear (or affirm) that I have not this day voted at any election for any Senator, Representative, member of Congress, or county officerSo help me God. SEC. 6. And be it further enacted by the authority aforesaid, That the place of the sheriff or his deputy may be supplied at such election, by any lawful constable; and that said election shall, in all other respects than those herein recited, be conducted in the same manner and at the same time as is prescribed by the laws now in force regulating general and county elections. SEC. 7. And be it further enacted by the authority aforesaid, That there shall be three other election districts in the county of Early, at the house of Richard Grimsley, in the fifth district; and at the house of John Tilley, in the twenty-eighth district, and at the house of Sarah Jackson in the twenty-sixth district; and that persons in said county shall be entitled to the privileges, and subject in all respects to the provisions of the above recited sections. SEC. 8. And be it further enacted by the authority aforesaid, That there shall be established election districts in

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the county of Appling at the following places, viz: at the house of Arthur Sykes, in Captain Morgan's district; at Lawrence Smith's, in Captain McAlly's district; at Risby Wilson's, in Captain Hagen's district; and at William Dredden's, near the Great Satilla river. SEC. 9. And be it further enact d, That the citizens of Appling county shall be entitled to all the benefits, and liable to all the penalties in this act, any law, usage, or custom to the contrary notwithstanding. SEC. 10. 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. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To authorise and require the Clerk of the Inferior Court of Camden County to pay out of the County Funds the sum of two dollars per day to one Magistrate or Freeholder, from each election district for said County, for their attendance at the town of Jefferson to compare and counting up the votes for 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 passing of this act, the clerk of the Inferior court of the county of Camden, be and he is hereby authorised and required to pay out of the county funds the sum of two dollars per day to one magistrate or one freeholder from each election district in said county, for their attendance at the town of Jefferson, to count up and compare

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the votes from the different election districts: Provided, That not more than one person from each election district shall be paid by the clerk, nor shall any person be paid for more than three days for any one attendance. SEC. 2. And be it further enacted, That all laws and parts of laws heretofore passed, so far as the same militate against this act, be and the same are repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To alter so much of an act entitled an act to regulate the General Elections of this state and to appoint the time of meeting of the General Assembly of this state, so far as the same requires the elections to be held at the place of holding the Superior courts, so far as respects the counties of Hall, Richmond, Henry, DeKalb and Gwinnett, and to amend an act passed on the eighteenth of December, eighteen hundred and sixteen relating to the county of Franklin. 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 elections for senators and representatives of the General Assembly, and members to Congress, so far as relates to the counties of Hall, Richmond, Henry, DeKalb and Gwinnett, shall be held on the day prescribed by the before recited act, viz: In the county of Hall, at Mary Mullins on the Federal road in the county aforesaid, and at Charles Hulseys in the ninth district in the county aforesaid, and at the house

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of Pleasant Hulsey in said county and eleventh district, and at Gainsville on the same day. In the county of Richmond, at the court-house in the city of Augusta, and at the house of Samuel C. Douglass near Springhill in said county of Richmond on the same day. And in the county of Henry, at the house of Burrell Jenks in the first district of said county, and at the house of Samuel Armstrong in [the third district] of said county, and at the house of John Lovejoy in the twelfth district of said county, and at the town of McDonough on the same day. In the county of DeKalb, at the town of Decatur, at the place of holding justice's courts in captain Stagg's district, at the place of holding justice's courts in captain Puller's district, and at the place of holding justice's courts in captain Standiford's district. In the county of Gwinnett at the town of Lawrenceville, at the house of James Laughridge, at the house of John Humphries, at the house of William Green, and at the house of William Terry. SEC. 2. And be it further enacted, That all elections shall be held on the day and opened and conducted in the same manner as prescribed by the before recited act, and the place of sheriff or deputy sheriff may be supplied by any lawful constable. SEC. 3. And be it further enacted, That any two justices of the peace or [Illegible Text] court, and two freeholders not being themselves candidates, or a majority of them, shall superintend said election, the said justices or one of them shall administer to the said freeholders the following oath, viz: I, A. B. do solemnly swear, or affirm, (as the case may be,) that I will superintend the said election and make a just and true return of the same to the best of my knowledge, So help me God. SEC. 4. And be it further enacted, That the said justices and freeholders that superintend the election in the counties aforesaid, and at the places aforesaid, in their respective counties aforesaid shall and they are hereby authorised on the same day of election to count out the ballots

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by them taken in, at the several election grounds, and make a fair statement of the polls, and one or more of said superintendants from each of the election grounds in said counties, shall meet at their respective court-houses 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. SEC. 5. And be it further enacted, That should any person vote or attempt to vote at more than one of the aforesaid places on the same day, he shall be subject to be indicted for a misdemeanor, and on conviction thereof, shall be fined in a sum not less than one hundred dollars. SEC. 6. And be it further enacted, That so much of the before recited act as militates against this act, and all laws and parts of laws repugnant to this act be and the same are hereby repealed. SEC. 7. And be it further enacted, That the fourth section of an act passed the eighteenth of December in the year eighteen hundred and sixteen, altering an act to regulate the general elections in this state, so far as relates to the county of Franklin, be and the same is hereby repealed and all laws and parts of laws militating against this act. SEC. 8. And be it further enacted, That any two justices of the peace or Inferior court, and two freeholders, not being themselves candidates or a majority of them, shall superintend the said election and the said justices or one of them shall administer to the freeholders the following oath. I, A. B. do solemnly swear, (or affirm, as the case may be,) that I will superintend the said election and make a just and true return of the same to the best of my knowledge and ability. So help me God. SEC. 9. And be it further enacted, That the justices and freeholders that superintend the election in the county of Franklin, shall and they are hereby authorised on the same day of the 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 superintendants from each of the election grounds shall meet at Carnesville

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the day thereafter, 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. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 8, 1823. AN ACT To amend the second section of an act passed the twenty-fourth of December, eighteen hundred and twenty one, to regulate the General Elections in this state, and to appoint the time of the meeting of the General Assembly, so far as the same requires all elections to be held at the place of holding the Superior Courts, so far as respects the Counties of Burke, [Illegible Text], and Rabun. 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, that one of the places of holding the elections in the county of Habersham, shall be at the house of Mr. Williams, on lot number seventy-four, in said county, in place of the house of Mr. Stoner, on Duke's creek; also at the house where Mr. Crary formerly resided, in the second district of the county aforesaid. SEC. 2 And be it further enacted by the authority aforesaid, That the elections held at the above stated places shall be conducted in the same manner as prescribed by the before recited act, any law to the contrary notwithstanding. SEC. 3. And be it further enacted by the authority aforesaid, That the election in the county of Dooly shall be held at the place of holding the Superior and Inferior

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courts in said county; and also at the house of Littleberry Richardson, in the fifteenth district of said county; and that all persons entitled to the benefit of this section, shall be subject to all the fines and forfeitures in the foregoing law, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. ESTRAYS. AN ACT To amend the Estray laws of this state, so far as relates to the time of advertising and tolling Horned Cattle, Sheep, Goats, or Hogs, before they are sold. 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, all [Illegible Text] cattle, sheep, goats, and hogs, that may be tolled in conformity to the estray laws now in force in this state, may [Illegible Text] sold at the expiration of six months from the time they are tolled, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823.

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GRANTS. AN ACT Supplementary [Illegible Text] and amendatory of an act entitled an act to amend an act entiled an act to amend an act entitled an act to extend the time of taking out grants on surveys male on head rights and bounty warrants, passed on the second day of December eighteen hundred and twenty-three. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That so much of the above recited act as requires notice to be given three months before a re-survey can be made shall not be so construed as to extend, to any tract of land on which no claimant resides or which is unoccupied or unimproved, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT [Illegible Text] all grants under the signature of Simon [Illegible Text] as Secretary of State, to be held read and received as [Illegible Text] in any court of justice is this state, and also the [Illegible Text] of Thomas H. Crawford Deputy Secretary, [or] for [Illegible Text] Hammond Secretary of State. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,

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and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, that all grants held by any person or persons, which grant was registered and signed under the signature of Simon Whitaker, as Secretary of State, and also all grants signed by Thomas H. Crawford as Deputy Secretary, or Thomas H. Crawford, for Abner Hammond, Secretary of State, shall be received as evidence in any court of [Illegible Text] in this state, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. AN ACT To authorise any person or persons, citizens of this state, who shall apply at the necessary offices, to take out and receive in his, her, or their own name or names, a grant or grants for any fraction, lot or lots of land in the county of Wilkinson, that remain unsold, on the payment of ten dollars on each grant. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the first day of March next, it shall and may be lawful for any person or persons, citizens of this state, to take out and receive in his, her, or their own name or names, a grant or grants for any fractional lot or lots of land in the county of Wilkinson, that remain unsold, on the payment of ten dollars on each grant. SEC. 2. And be it further enacted by the authority aforesaid, That the several State-house officers are authorised

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to receive the lawful fees as a compensation for their [Illegible Text] on each grant when granted, to be deducted out of the [Illegible Text] sum of ten dollars for each grant, any law to the [Illegible Text] notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 18, 1823. AN ACT [Illegible Text] [Illegible Text] amend and continue in force an act entitled an act to extend the time of taking out grants on surveys made on head rights and bounty warrants. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That where any person or persons have heretofore had surveys made on head rights or bounty warrants and grants thereon have not been obtained, it shall and may be lawful for such person or persons to apply for and obtain such grant or grants at any time previous to the twenty fifth of October eighteen hundred and twenty-four, on payment of the usual fees. SEC. 2. And be it further enacted by the authority aforesaid, That where any surveys have heretofore been made on head rights or bounty warrants, and grants thereon have not been obtained, such land shall not be subject to a re-survey until the expiration of the time herein limited, and until three months from and after the person or persons claiming under the original survey shall have been notified that such re-survey, is intended to be made, and that in all cases the person or persons claiming under the original survey shall be entitled to the preference of making such

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re-survey until the expiration of three months from the time of such notification: and in the event of there being no claimant residing on or near the land to be thus re-surveyed, such notice shall be perfected by giving three months notice by public advertisement at the court-house of the county where such land may lie, and in one of the public gazettes of this state. SEC. 3. And be it further enacted, That it shall be the duty of all surveyors who shall make any such re-survey, to certify on his return to the surveyor-general that due notice according to the provisions of this act had been given, and no grant obtained on such re-survey shall be valid, unless accompanied with such certificate: Provided, Nothing in this act shall affect the rights of orphans or persons under the age of twenty-one years, and that all such persons shall be allowed one year after they arrive at the age of twenty-one years to take out their grants. SEC. 4. And be it further enacted, That it shall be the duty of the Governor to cause this act to be published in one of the newspapers in Milledgeville, Augusta and Savannah once in each month until the expiration of the time appointed by the same for taking out grants. SEC. 5. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 2, 1823.

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JUDICIARY Concerning Bills of Exchange. AN ACT 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, Whenever any bill of exchange hereafter to be drawn or negociated within this state, upon any person or persons, of or in any state, territory, or district of the United States, shall be returned unpaid, and shall have been duly protested for non-payment, in the manner usual in cases of foreign bills of exchange, the person or persons to whom the same shall or may be payable, shall be entitled to recover and receive of and from the drawer or drawers, or the endorser or endorsers, of such bill of exchange, five per cent damages over and above the principal sum for which said bill of exchange shall have been drawn, together with lawful interest on the aggregate amount of such principal sum, from the time at which notice of such protest shall have been given, and the payment of the said principal sum and [Illegible Text] shall have been demanded. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823.

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AN ACT More effectually to protect the interests of parties plaintiffs in suits commenced against joint obligors or promissors. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That in all cases which hereafter may be commenced against joint obligors or promissors, and any one or more of the parties defendants, may plead infancy and such plea be sustained, the action shall not as heretofore abate, but the court shall award judgment as in cases of non-suit in favour of the party or parties so pleading and permit the plaintiff to proceed against the other defendant or defendants to said suit without further delay or costs. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. AN ACT To regulate the mode of taking testimony by commission and de bene esse within this state, and to alter and amend the several laws relating thereto. 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 entitled an act the more effectually to ensure the testimony of witnesses going beyond seas, or removing without the jurisdiction of the state, and aged and infirm persons, passed the eighth day of December, eighteen hundred and six, be and the same is hereby re-enacted and declared

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to be operative and effectual in all cases pending or which may be brought in the several courts of this state. SEC. 2. And be it further enacted, That in all cases which are or shall be pending in any of the courts of this state where any one person is the only witness to any material fact in any case, it shall and may be lawful to examine such witness de bene [Illegible Text], on complying with the provisions of the aforesaid act, in so far as the same are applicable to such case, and that the examination so taken, shall be read in evidence in such cause on the terms and under the restrictions specified in the said act. SEC. 3. And be it further enacted, That all laws and parts of laws, militating against this act, be and the same are hereby repealed, DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT More effectually to secure the property of minors against the mismanagement of their natural guardians, by requiring bond and security, as in other cases of guardianship of such guardian. 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, whenever any property shall descend to any child or children whose father or mother shall be in life, either by virtue of the act of distribution, or of any will, deed, or gift, such child or children shall be considered orphans so far as to

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authorise the court of Ordinary, executor, administrator, or trustee, as the case may be, to withhold such property from such natural guardian until a reasonable security be given, to be judged of by the court of Ordinary, for the faithful performance of said trust: And provided further, That if such natural guardian shall fail or refuse to give such bond and security, then and in that case said court may appoint some other fit and suitable person to act as such, first compelling such person to give good and substantial security, as is now required in other cases of guardianship. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823. AN ACT To amend an act entitled an act to authorise parties plaintiffs, to issue summons of garnishment in certain cases, as in cases of attachment, passed December twenty-third, eighteen hundred and twenty-two. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That when parties plaintiffs, their agents or attorneys, intending to avail themselves of the benefit of the above recited act, shall file his, her, or their affidavit of the amount of his, her, or their debt or demand in the office of the clerk of the court, or justice of the peace in which the suit or suits is or are pending, or in which the judgment or execution was obtained on which garnishments are intended to issue, it shall be the duty of the clerk of such court, or such justice of the peace, as the case may be, to deliver to such plaintiffs, their agents or attorneys, a certified copy of such affidavit, which when placed in the hands of the sheriff,

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or his deputy, or a constable, in case such certified copy shall be signed by a justice of the peace, shall be sufficient to authorise said sheriff, deputy sheriff, or constable, and they are hereby required forthwith to make out, sign and serve a summons of garnishment on any person or persons who may be indebted to the defendant or defendants in such suit, judgment or execution: Provided, That the person or persons intended to be garnisheed reside in the county in which such suit or suits is or are pending, or in which such judgment or execution is obtained. SEC. 2. And be it further enacted, That where persons indebted to a defendant or defendants in any suit pending or judgment or execution obtained in any of the courts of law or equity in this state reside in a different county from the one in which such suit is pending, or such judgment or execution is obtained, the parties plaintiffs, their agent, or attorneys, shall make and file his, her, or their affidavits of the amount claimed to be due in the office of the clerk of the court, or justice of the peace where such suit is pending, or such judgment or execution is obtained, and it shall be the duty of such clerk or justice of the peace to deliver to such plaintiff, his agent or attorney a certified copy of said affidavit, which shall be placed in the hands of the sheriff, deputy sheriff, or constable, as the case may be, of the county in which the person or persons so indebted and intended to be garnisheed may reside and such sheriff, deputy sheriff, or constable shall forthwith make out, sign and serve a summons of garnishment on the person or persons so indebted, returnable to the next Superior or Inferior or Justice's court of the county or district in which such garnishee may reside, under the restrictions and in the manner pointed out in the before recited act: Provided [Illegible Text], That such garnishment shall be made returnable to a Superior, Inferior, or Justice's court, as it would have been had such garnishee resided in the county in which the suit is pending, or the judgment or execution was obtained, on which such summons of garnishment is founded. And any person or persons so garnisheed shall appear at the court to which such summons of garnishment is returnable, agreeably to the provisions of the before recited act. SEC. 3. And be it further enacted, That all persons duly summoned as garnishees under this act, or the one to which

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it is an amendment, shall be bound to make their returns at the term to which such summons of garnishment shall be returnable: Provided, That in all cases where summons of garnishment shall issue, it shall be lawful for the defendant or defendants to dissolve said garnishment by giving bond and security for eventual condemnation money and cost of suit to the plaintiff, his agent or attorney: And provided also, That in all cases the applicant for summons of garnishment, his, her, or their agent or attorney at law shall give bond and security as in cases of attachment. SEC. 4. And be it further enacted by the authority aforesaid, That all laws and parts of laws so far as they militate against this act be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To authorise the admission of certain documents therein mentioned as evidence in the several courts of this state. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, all deeds of conveyance, mortgages, and other instruments of writing heretofore proved by a subscribing witness or witnesses to the same, before any judge of the Superior court, assistant justice, justice of the Inferior court, or justice of the peace, shall, if the witness or witnesses proving the same has not subscribed his, her, or their name or names to the probate or affidavit made before such judge of the Superior court,

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assistant justice, justices of the Inferior court or justice of the peace, of the execution of such deed of conveyance mortgage, or other instrument of writing, and which shall have been duly recorded, be held, deemed, and considered as legal and valid to all intents and purposes, and admitted in evidence in any court of law and equity in this state, as if the said probate or affidavit had been subscribed by the witness or witnesses proving the same, any law, custom or usage to the contrary notwithstanding: Provided, That nothing in this act shall be construed to divest or in any manner to affect any right which may have been vested or accrued by the passing of this act. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. Declaring certified copies of official bonds testimony in certain cases. AN ACT 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 causes now pending, or which may hereafter be instituted, in any of the courts of law or equity in this state against the principal and securities or either of them, on any official bond given by any executor, administrator or guardian, or any other public officer of this state, it shall be lawful for the said courts to receive as evidence of the fact of the due execution of such bond, a certified copy thereof made by the proper officer, when such bond

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is of file or recorded, which copy shall be sufficient testimony in the cause unless the same shall be denied on [Illegible Text]. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To cause all appeals from the courts of Ordinary of this state to be tried and determined by a special jury of the county where the case may happen, touching the probate of wills, and granting letters of administration, in which matters of fact are involved instead of a decision being had thereon by the court only. Whereas, it has heretofore been the practice in some of the judicial circuits of this state for the judges of the Superior courts to hear and determine appeals from the courts of Ordinary of this state, touching the probate of wills, and granting letters of administration in which matters of fact were involved, and it being the policy of this government to retain the trial by jury in all cases in which matters of fact are involved. 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 appeals taken up from the decision of the several courts of Ordinary of this state to the Superior court, touching the probate of wills, and granting letters of administration in which matters of fact are involved shall be tried and determined by a special jury of the county where the case may

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happen, in the same way and under the same regulations as other appeals, any law, usage or custom to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec, 19, 1823. AN ACT To amend the seventh section of an act entitled an act to amend an act entitled an act to revise and amend the judiciary system of this state, passed on the sixteenth day of February, seventeen hundred and ninety-nine and to provide for opening and adjourning the several courts of Ordinary in this state in certain cases. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall not be lawful for any one or more of the justices of the Iuferior courts of this state, to discharge or admit to bail any person under a writ of habeas corpus, unless a majority of the justices of said court shall concur in opinion. SEC. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the sheriff of each county in this state, either by himself or deputy, to attend at the court-house of their respective counties on each and every day of holding courts of Ordinary for the purpose of opening and adjourning said courts, unless such sheriff shall procure some constable of such county to perform such duty, and in case the sheriff shall at any time fail to comply

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with the requisitions of this act it shall and may be lawful for the clerk of said court to open and adjourn such court, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To amend the third section of an act passed the nineteenth day of December, eighteen hundred and twenty-two, entitled an act to amend the twenty-sixth section of the Judiciary act, passed the sixteenth day of December, seventeen hundred and ninety-nine, and also to prevent a [Illegible Text] enforcement of Dormant Judgments. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all judgments that have been obtained since the said nineteenth day of December, eighteen hundred and twenty-two, and all judgments that may be hereafter rendered in any of the courts of this state, on which no execution shall be sued out, or on which executions, if sued out, no return shall be made by the proper officer for executing and returning the same, within seven years from the date of the judgment, shall be void and of no effect: Provided, That nothing in this act contained, shall prevent the plaintiff or plaintiffs in such judgments, from reviving the same after the expiration of the said seven years, in cases where by law he or they would be otherwise entitled so to do, but the lien of such revived judgments on the property of the defendants thereto, shall operate only from the time of such revival.

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SEC. 2. And be it further enacted by the authority aforesaid, That when any judgment or execution has been declared void and of no effect, by the construction given by any of the courts to the said third section of said act, [Illegible Text] said judgment and execution, so declared void and of no effect, shall and is hereby declared to be in as full force and effect, as though the said act had not been passed. SEC. 3. And be it further enacted, That the said third section of the act passed on the said nineteenth day of December, eighteen hundred and twenty two, be, and the same is hereby repealed. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823. LAND LOTTERY. AN ACT To [Illegible Text] certain Draws of Fractions in the late Land Lottery of this state, and to vest the titles thereof in the persons drawing the same. Whereas, owing to mistake of some of the officers of the state, several numbers of fractions were placed in the wheel and were drawn as prizes, in the Land Lottery authorised by act of the Legislature, passed on the fifteenth day of May, eighteen hundred and twenty-oneAnd whereas,

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said fractions cannot be granted to the persons who drew them, according to the provisions of said act, and manifest injustice would be done by depriving the drawers of the benefit of their draws, where their names were not returned to the wheel previous to the completion of said drawingFor 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 all persons who, according to the provisions of said act, were entitled to and gave in for a draw or draws in said Lottery, and who may have drawn a fraction or fractions, shall be entitled to receive grants for the same, conveying fee simple titles, on paying into the Treasury of this state, the sum of twelve dollars, for each fraction so drawn and granted; and any person who may have drawn as aforesaid, and who may fail to take out the grant within one year from the passage of this act, shall not be entitled to the benefits thereof, but shall forfeit their right to said draws. SEC. 2. And be it further enacted, That the provisions of this act shall not be construed as to extend to those who may have drawn a fraction or fractions, and whose names were afterwards returned to the wheel, previous to the completion of the drawing of said Lottery. SEC. 3. And be it further enacted, That the sales of all fractions drawn as aforesaid, be, and the same are hereby suspended; and that all laws and parts of laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 2, 1823.

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AN ACT [Illegible Text] sell and dispose of the fractional parts of [Illegible Text] of land which remain unsold in the counties of Walton, [Illegible Text], Hall, Habersham and Rabun, and also all such parts of [Illegible Text] of [Illegible Text] as have been [Illegible Text] to the state as having been fraudulently drawn. 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 sheriffs of the aforesaid counties are hereby authorised and required to advertise and expose for sale to the highest [Illegible Text] agrecable to the provisions of this act, all the fractional parts of surveys of land which remain unsold in each of the several counties [Illegible Text], and also all such parts of lots of land as have been forfeited to the state as having been fraudulently drawn. SEC. 2. And be it further enacted, That the highest bidder for any of the aforesaid fractions, and also all such parts of lots of land as have been forfeited to the state as having been fraudulently drawn, shall be the buyer, who shall pay to the sheriff aforesaid one fourth of the purchase money in cash, or bills of the chartered banks of this state, on the payment of which the said sheriff shall give to such purchaser a certificate stating the amount paid, and the amount of said purchase money then due, and to be paid in three equal annual installments. SEC. 3. And be it further enacted, That if any purchaser shall fail to pay to the Treasurer any installment at the time the same may become due, or within sixty days thereafter, he shall forfeit the sum paid, and the land revert to and become the property of the state. SEC. 4. And be it further enacted, That when the last installment is paid agreeably to the face of said certificate given by the sheriff aforesaid, it shall be the duty of his excellency the Governor to cause a grant to be filled up in the name of the holder of the said certificate, on his [Illegible Text] [Illegible Text] paying the sum of four dollars.

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SEC. 5. And be it further enacted, That the [Illegible Text] shall furnish [Illegible Text] of the several sheriffs of the counties aforesaid, with a copy plat of the several fractional surveys of land which remain [Illegible Text] in the county of which he is sheriff at least twenty days before the day of sale, for which he shall receive an adequate compensation. SEC. 6. And be it further enacted, That the sheriffs aforesaid shall advertise in one of the public gazettes of the city of Augusta and Milledgeville, and at their respective court-houses at least thirty days [before] the day on which the fractions aforesaid and also all such parts of lots of land as have been forfeited to the state as having been fraudulently drawn, will be offered for sale, setting forth the number of said fraction, the district, the quantity of acres in each, the hours on which the sales will commence and close. SEC. 7. And be it further enacted, That the certificates granted under this act shall be transferrable, and any legal holder thereof on paying into the treasury the balance due thereon, shall be entitled to a grant for the same on paying the office fees aforesaid. SEC. 8. And be it further enacted, That the sheriffs aforesaid shall within forty days after their sales make a report of their proceedings to the Treasurer of this state, and pay into the treasury the money received, and deposit a schedule of the fractions sold, and also all such parts of lots of land as have been forfeited to the state as having been fraudulently drawn, the amount of sales, cash received, and balance due for each fraction, and from whom, and the said sheriff shall receive as compensation for his services five per cent on the amount of his [Illegible Text], to be drawn for by warrant from his excellency the Governor [Illegible Text] the treasury of this state. SEC. 9. And be it further enacted, That the sheriffs aforesaid shall before entering on the duties required by this act, give to his excellency the Governor [Illegible Text] [Illegible Text] approved security, in the [Illegible Text] sum of ten thousand [Illegible Text], faithfully to perform said duties.

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SEC. 10. And be it further enacted. That his excellency the [Illegible Text] be and he is hereby authorised and required within sixty days after the passage of this act, to forward to the justices of the Inferior court of the several counties aforesaid, bonds to be filled up in their presence, or in the presence of any two of them, by the said sheriffs immediately after which the sheriffs aforesaid shall proceed to the [Illegible Text] required by this act. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate G. M. TROUP, Governor Assented to, Dec. 20, 1823. AN ACT [Illegible Text] sell and dispose of Lots numbers Ten and One [Illegible Text], reserved by the Land Lottery act, passed the fifteenth day of December, eighteen hundred and eighteen, for the education of poor children. Be [Illegible Text] 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 sheriffs of the different counties be, and they are hereby authorised and required to advertise and expose to sale the Lots numbers Ten and One Hundred, in the several districts in the counties of Walton, [Illegible Text] Gwinnett, Hall, Habersham, and Rabun, in the manner and [Illegible Text] the same restrictions as are prescribed by an act [Illegible Text] an act to sell and dispose of the fractional parts of surveys of land which remain unsold in the counties of Walton, Gwinnett, Hall, Habersham, and [Illegible Text]. SEC. 2. And be it further enacted, That the sheriffs shall also pay over and deposit with the Treasurer of this

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state, the proceeds of the sales of said Lots, to be by him annexed to and become a part of the poor school fund. SEC. 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. DAVID [Illegible Text], Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823. AN ACT To extend the time to fortunate drawers in the Land [Illegible Text], by the authority of the act passed on the fifteenth day of May, in the year eighteen hundred and twenty one, entitled an act to dispose of and distribute the lands lately acquired by the United States, for the use of Georgia, of the [Illegible Text] Indians, c.; and also to extend the time to fortunate drawers in the Land Lottery by authority of an act passed on the fifteenth day of December, eighteen hundred and eighteen, entitled an act to dispose of and distribute the late cession of land obtained from the Creek and Cherokee nations of Indians, by the United States, c.; and also to reduce the fees upon the grants. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all and every person who was a fortunate drawer in the said Land Lottery, by authority of the act passed the fifteenth day of December, in the year eighteen hundred and eighteen, shall have until the twenty [Illegible Text] day of December, in the year eighteen hundred and twenty-four, to take out his, her, or their grant or grants, for the land drawn by him, her, or them, and that a grant or [Illegible Text]. [Illegible Text] [Illegible Text]

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to him, her, or them for the same, according to the provisions of the twentieth section of said act, on paying into the Treasury of this state, the sum of twelve dollars. SEC. 2. And be it further enacted, That all and every person who was a fortunate drawer in the said Land [Illegible Text] by antherity of the act passed on the fifteenth day of May, in the year eighteen hundred and twenty-one, shall have until the twenty-fifth day of December, eighteen hundred and twenty-four, to take out his, her, or their grant or grants, for the land drawn by him, her, or them, and that a grant or grants shall issue to him, her, or them for the same, according to the provisions of the twentieth section of the said act of eighteen hundred and twenty-one, on paying into the Treasury of this state, the sum of twelve dollars. SEC. 3. And be it further enacted, That in case the time has already run against any fortunate drawer, or in case the time shall run agsinst any such fortunate drawer before the passage of this act, such fortunate drawer shall be entitled to all the bonefits of this act. SEC. 4. And be it further enacted, That all laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Nov. 20, 1823.

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MILITARY. To place the Darien Hussars, on the same footing as the Independent Troop in the county of Liberty. AN ACT 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 Darien Hussars shall exist and act as a troop of cavalry in like manner and with like privileges as the Independent Troop in the county of Liberty, and shall be allowed to hold the elections for any officers that may be required for a company of cavalry. SEC. 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act be and the same are repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 2, 1823. To lay off three new brigades, and to create the seventh division of Georgia militia. AN ACT 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 after the passing of this act, the counties of Rabun, Habersham, Hall and Gwinnett shall constitute the first brigade of the seventh division of the militia of this state, that the counties of Walton, Newton, and De Kalb shall form a brigade to be known and called the second brigade of the seventh division; that the counties Jasper and Jones shall form the first brigade of the fifth division; that the counties of Henry, Fayette, Pike and Monroe shall form a new brigade to be known and called the second brigade of the fifth division; that the counties of Bibb, Crawford, Houston and Dooly shall form a new brigade to be attached to and constitute the third brigade of the sixth division of Georgia militia. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823. AN ACT To after and amend an act more effectually to define the duties of the Adjutant General, Division and Brigade Inspectors, and to regulate their pay, c. passed the twenty-third day of December, eighteen hundred and twenty-two. 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 Division and Brigade Inspectors shall receive, while in actual service, four dollars per day: Provided, That no Division or Brigade Inspector shall charge for more than twenty days in any one year. SEC. 2. And be it further enacted by the authority aforesaid, That all accounts shall be made out according to the

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foregoing section, for the year eighteen hundred and twenty-three, and paid according to the provisions of the above recited act. SEC. 3. And be it further enacted, That so much of the before recited act as militates against this act be, and the same is hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 17, 1823. AN ACT To authorise the several Volunteer Companies of the county of Chatham to recruit, by the admission of members residing within the brigade to which the said company is attached. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall and may be lawful for the several volunteer companies of the county of Chatham to recruit by the admission of members residing in any part of the brigade to which it is attached and the persons so admitted shall not during their continuance as members of the said companies be liable to do militia duty in any other company. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823.

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NAVIGATION. AN ACT To ratify the proposed Convention between the States of South Carolina and Georgia, relative to the Savannah and Tugalo Rivers. Whereas, a Convention has been proposed on the part of South Carolina, relative to the improvement of the navigation of Savannah and Tugalo Rivers, in the words following, to wit: CONVENTION Between the States of Georgia and South Carolina, relative to the Savannah and Tugalo Rivers. ARTICLE I. The expense of improving and rendering navigable the Savannah and Tugalo rivers, so far as they form the boundary of the two states, shall be borne equally by South Carolina and Georgia. ART. II. Lands required for this purpose, on these rivers, may be purchased and held in the name of the Superintendants of the Savannah inland navigation, and their successors in office; but the jurisdiction over the lands so acquired, shall remain in the state in which they are situated. ART. III. Where the said superintendants and the owner or owners of such lands cannot agree as to the price thereof, or where, from any other cause, the surrender thereof cannot be obtained, the said lands may be taken at a valuation to be made by the majority of five commissioners, to be appointed for that purpose by the court of law of the county or district in which the lands are situated; and the lands so valued, shall vest for the purposes of the said navigation alone, in the said superintendants and their successors in office, so soon as the said valuation shall be paid, or if refused, shall be tendered.

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ART. IV. Before any work shall be begun on these rivers, full surveys and detailed estimates thereof shall be made and presented to the Legislatures of both states; and for this purpose the Governor of each state shall appoint one commissioner, and these two commissioners within the next year, shall cause the said surveys and estimates to be made, together with such plans as they may deem necessary; and to defray the expenses thereof, each state will make an appropriation of five hundred dollars, if so much should be necessary. The compensation to the commissioners shall be made by their respective states. ART. V. The works on these rivers shall be constructed under the direction of two superintendants, one to be appointed by each state. These superintendants and their successors in office, shall be known by the name and style of The Superintendants of the Savannah Inland Navigation; and by such name, may sue and be sued, plead and be impleaded, in any court of law or equity in the states of South Carolina or GeorgiaAnd the said Superintendants and their successors in office, shall have full power to make all contracts for effecting such works on the said rivers as may be ordered by the Legislatures of the said states: Provided, That the said contracts shall not exceed, or be binding on the said states, to any amount beyond the appropriations made for that purpose, according to the terms of this Convention herein-after expressed. ART. VI. And the said superintendants and their successors in office, shall have full power to appoint, and at their pleasure to displace, all such engineers, agents, toll-collectors, and other officers, as may be necessary for completing, repairing, and protecting the said works, and for collecting all tolls which may be imposed thereat. ART. VII. The said Supe-intendants and their successors in office, shall have full power to establish, and from time to time, to alter or repeal such rates of toll on boats, rafts, and other vessels passing the said works, or on the goods ladened [laden] on board thereof, as they may think just and properto cause the same to be collected and deposited with a Treasurer, to be by them appointedto make all regulations for the passage of boats, rafts, and other vessels, through the said works; and [Illegible Text] to do

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and perform such acts, and make such ordinances, as are necessary for completing, repairing, preserving and rendering productive the said works. ART. VIII. The tolls imposed on boats, rafts, and other vessels, or the goods ladened [laden] on board thereof, belonging to one state shall be the same as the tolls imposed on the boats, rafts or other vessels, or the goods ladened [laden] on board thereof, belonging to the citizens of the other state. ART. IX. In case there should be worked in either state, any mine of iron, lead or coal, or any quarry of lime gypsum, marble or other building stone, the state in which such mine or quarry is situated shall have the exclusive right to fix the rate of toll on the products of such mine or quarry, and the boats employed in transporting the same. ART. X. All tolls collected on the said rivers, in pursuance of this convention, shall be applied and expended in the manner following: First, In keeping in repair and defraying the current expenses of the said works, andSecond, In making such further improvements in the navigation of the said rivers, as the legislatures of the said states may order. When such further improvements are not so ordered, the tolls shall be reduced so as merely to repair, renew, and keep the said works in perfect operation. ART. XI. The state in which any canal may be cut, or other work erected, in pursuance of this convention, shall not cause or permit the same to be demolished or impaired without the consent of the other state, but each shall pass such laws as may be necessary to preserve and protect the said works. ART. XII. The legislature of each state will make such appropriations for improving the navigation of the said rivers as it may deem necessary, and the smallest appropriation made by either state, shall form one half for [of] the whole appropriation for that purpose. ART. XIII. All payments for work done shall be made by drafts on the state treasuries, signed by both superintendents, and when they draw on the treasury of one

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state, they shall draw for an equal amount on the treasury of the other. ART. XIV. One of the said states shall not be answerable for the drafts of the said superintendants on the treasury of the other state. ART. XV. Each shall pay the salary and personal expenses of its own superintendant and shall determine the period for which he shall be elected. ART. XVI. When a question occurs on which the superintendants cannot agree, they shall call into their consultation the principal engineer, and he shall be entitled to vote on that, and a majority of votes shall decide it. ART. XVII. When the work is commenced, if a vacancy of one of the superintendants shall occur, the principal engineer shall fill his place till a regular appointment. And whereas, it is deemed expedient to accept said convention Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That as soon as the state of South Carolina shall pass an act adopting the aforegoing articles, the same shall form a Convention between the states of South Carolina and Georgia for improving the navigation of the Savannah and Tugalo rivers, and shall not be altered without the consent of both states: Provided, That nothing in this act or Convention shall be construed to imply a concession on the part of this state, of any right in the state of South Carolina, other than to the navigation of the said river Savannah, or a waiver of the claim of this state to the jurisdiction and sovereignty of this state over the said river, to the northern bank thereof, and of its exclusive right to all the islands of the same. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823.

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PENITENTIARY. To provide for the payment of expenses on trials for escapes from the Penitentiary. AN ACT 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, all escapes from the Penitentiary shall be tried at the expense of the state, and his excellency the Governor. on the reception of a certified statement from the Clerk of the Superior Court, of the amount of expense chargeable to the county of Baldwin, on any such trial or trials, (which have heretofore happened, or may hereafter take place,) shall issue his warrant for the amount, to be paid out of the Penitentiary fund. SEC. 2. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 13, 1823.

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ROADS, BRIDGES, AND FERRIES. AN ACT To appoint Commissioners and appropriate a sum of money to erect a Bridge over the Lagoons at the River Alatamaha. Whereas, great inconvenience is experienced by the people of this state, who reside in the eastern district, and more particularly to the south of the Alatamaha river, as well as to all who travel the main post road from Savannah to St. Mary's, in consequence of the Lagoons at the said river Alatamaha, which are frequently overflowed, and continue so for months at a time, by which the road is rendered impassable. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, Benj. Liles, John Fort, jr. and John O'Neal, shall be and they are hereby appointed Commissioners to contract for and superintend the [Illegible Text] of a bridge or bridges over the Lagoons or Creeks at the Altamaha river, at a place called Fort Barrington. SEC. 2. And be it further enacted, That the sum of one thousand dollars be, and the same is hereby appropriated from the Treasury of this state, or from the sum already appropriated for internal improvemem, to defray the expenses of erecting the said BridgeThat the said sum may be drawn, by application of the said Commissioners, as it may be required in the progress of the work. SEC. 3. And be it further enacted, That the said Commissioners shall give bond and security to the Justices of

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the Inferior Court of Wayne county, for the faithful and correct appropriation of said sum of money. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. AN ACT To relieve the inhabitants on the South and North sides of the Satilla River, and the inhabitants on the North side of Crooked River, from working on the main post road, or performing duty thereon for the term of one year, and appointing Commissioners and compelling the inhabitants to do duty on the roads herein named. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the inhabitants on the south side of the Great Satilla river, that live to the south of the main post road, and within three miles of the Great Satilla, from said road to the Buffalo up said road, shall be compelled by law to work on said road, to commence at Jefferson and run the most direct and best route up the Great Satilla to the Buffalo, or Wayne county line, and intersect a road cut by Wayne county, and crossing the Buffalo at Sheffield's bridge; and that Joseph Thomas, John Tompkins, and Isham Walker, be and they are appointed commissioners of said roada majority of said commissioners to act. SEC. 2. And be it further enacted, That all the inhabitants residing south of Crooked river, and north of North river, and from the head of the said North river a direct line to Mush Bluff, on Crooked river, be and they are hereby

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relieved and exempt from working on the main post road for the term of one year from the first day of January next. SEC. 3. And be it further enacted, That the said inhabitants as exempted by section second, shall work upon such roads as a majority of the commissioners hereinafter named shall direct. SEC. 4. And be it further enacted, That John H. Mc Intosh, William F. Relly, and John Boog, be and they are hereby appointed commissioners; and they are to be governed by the road laws now in force in Camden county. SEC. 5. And be it further enacted, That all the above mentioned inhabitants, mentioned in the first section of this bill [act,] are exempt from working on the main post road for the term of one year. SEC. 4. And be it further enacted, That James W. Stewart, William Hunter, and Samuel Akins, be and they are hereby appointed commissioners; and they are hereby authorised and empowered to take all the hands, subject to road duty, belonging to the following persons, to wit:Claiborn Wright, William Hunter, David Crum, Phillip Goobread, David Brown, Burwell Atkinson, and Hezekiah Ponder, to cut and open a road the best and nearest route, from the post road at the Eight Mile Post, above Brown's ferry, to intersect the Satilla road, cut out by Wayne county, to the dividing line between the counties of Camden and Wayne, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823.

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AN ACT To alter and amend an act entitled an act to authorise the Inferior courts of the counties of Richmond and Jefferson to adopt such measures in relation to the roads and bridges of their counties as they may think proper, and to levy an extra tax when in their opinion it may be necessary for repairing and keeping in repair the said roads and bridges, passed the eighteenth of December, eighteen hundred and eighteen. Whereas, the above recited act has been found insufficient to effectuate all the purposes for which it was intended and to require amendment. 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 Richmond or a majority of them shall have power and authority in addition to the powers with which they are already vested by the act to which this is amendatory, to lay out roads or a road in any direction they may think proper in the county of Richmond, and to cause the same to be created and worked on and kept in repair as in their opinion may best promote the public convenience, and should any person or persons presume to obstruct any road so laid out, the said Inferior court shall have power and authority to cause said obstruction or obstructions to be removed forthwith, or at such time and in such manner as they or a majority of them shall deem proper. SEC. 2. And be it further enacted by the authority aforesaid, That any person or persons so obstructing a road laid out by the authority of the said Inferior court as aforesaid, shall be subject to be indited therefor in the Superior court of the county of Richmond as for a misdemeanor and upon [Illegible Text] thereof, shall be fined, or fined and imprisoned at the [Illegible Text] of the court before which such offence shall be [Illegible Text], any law, usage, or custom to the contrary netwithstanding.

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SEC. 3. And be it further enacted by the authority aforesaid, That whenever a new road is thought necessary to be laid out and established by the Inferior court of said county, it shall be the duty of the said court to appoint three disinterested freeholders to assess the damage, (if any,) the person or persons will sustain by said road's going through his or their inclosed land, which amount so assessed shall be paid by the court, provided the road or roads are laid out by the order of said court. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 23, 1823. AN ACT To compel the Slaves on the Islands of St. Simons and Jeykel, to work on the Road on the Island of St. [Illegible Text], and such cuts through the marsh as the Commissioners, hereafter named, or a majority of them, may direct to be laid out. 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 after the passage of this act, that all slaves subject to road duty on St. Simons and Jeykel Islands, shall perform road duty on said Island of St. Simons on the road known as the main road, running the length of the Island from north to south, and to open a cut from Frederica to the [Illegible Text], through the marsh, and such other cuts as the commissioners hereafter named, or a majority of them, may think proper to lay out, by Cartright Point to the Alatamaha river.

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SEC. 2. And be it further enacted by the authority aforesaid, That all white persons on the said Island shall be exempt from road labor, and the commissioners hereafter named, shall be authorised to employ one fit and proper person as an overseer, while working on said roads and cuts, for every twenty-five hands, and shall be paid out of any money arising from defaulters on said road and cuts. SEC. 3. And be it further enacted by the authority aforesaid, That the commissioners shall cause to be summoned the slaves subject to road duty, at least six days before the time of working said roads and cuts, and they shall not work more than twelve days nor less than six in any one year. SEC. 4. And be it further enacted, That in case of the owner or owners, manager or managers of such slave or slaves, refusing to send their slave or slaves subject to road duty, at the time and place so appointed for working said roads and cuts, shall pay for each and every slave the sum of one dollar per day, for such neglect or refusal; and the way of collecting such fines shall be the same as road fines are collected on the main. SEC. 5. And be it further enacted by the authority aforesaid, That James B. Wright, William Hazzard, James Moore, Gee Dupree, and John Harriss, be and they are hereby appointed commissioners for said road and cuts, to carry into effect the provisions of the said act. SEC. 6. And be it further enacted by the authority aforesaid, That all laws or parts of laws, militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Nov. 18, 1823.

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AN ACT To authorise Littleberry Richardson to establish a Ferry across Flint River, in the fifteenth district of Dooly County, on fraction number one hundred and forty eight in said district, it being 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 after the passing of this act, that the aforesaid Littleberry Richardson is authorised and impowered to demand and receive the same rates of ferriage which are allowed other ferries on said river by law, for all passengers and carriages which he may ferry over said river, any law to the contrary [Illegible Text]. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823. AN ACT To amend an act entitled an act to establish a ferry across the [Illegible Text] river at the west end of Liberty street in the town of Hartford, Pulaski county, and to vest the same in the Inferior court of said county for county purposes. Whereas, it has been found from experience that the establishment of the above recited [Illegible Text] has tended very much to the convenience of the public in general, and particularly to the citizens of the county of Pulaski, it is therefore important that the said ferry should be kept in good

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sufficient repair at all times for the safe and speedy conveyance of all passengers. 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, it shall not be lawful for any ferry to be established within one mile above or below the above recited ferry: Provided nevertheless, The right heretofore vested in the Inferior court shall cease and determine so soon as the Inferior court of the county of Pulaski shall fail to keep a good and sufficient ferry-boat and other necessary attendance for the safe and speedy conveying of all passengers and all articles and things usually conveyed by ferry boats. SEC. 2. And be it further enacted, That if any person or persons shall presume to keep any ferry within the aforesaid distance for the purpose of conveying passengers across said river or any article or thing, and for which he, she or they shall demand or receive pay, shall forfeit and pay for each and every offence, to the Inferior court of the county of Pulaski, four times the amount so demanded or received, to be applied to county purposes, and may be recovered before any court having competent jurisdiction thereof: Provided nevertheless, This act shall not be so construed as to affect any ferry which has heretofore been established by law on said river. SEC. 3. And be it further enacted, That it shall be lawful for the Inferior court of said county to remove the ferry flat belonging to the aforesaid county, to the west end of either of the streets running through the town of Hartford, which may include a part of the bank of said river. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823.

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AN ACT To establish a Ferry across the River Ocmulgee, in the County of Pulaski, at a place known by the name of Silver Bluff, and to vest the right thereof in William Lester and his heirs, and to fix the rate of ferriage. 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 William Lester be, and he is hereby authorised and empowered to [Illegible Text] a ferry across the river Ocmulgee, on his own land in the county of Pulaski, at a bluff known by the name of Silver Bluff, and that he be entitled to demand and receive the following rates of toll or ferriage, to wit: For laden waggon, team, and driver, fifty centsfor an empty waggon, team, and driver, twenty-five centsfor a four wheel pleasure carriage, fifty centsfor a two wheel pleasure carriage, twenty five centsfor a loaded cart, team, and driver, twenty five centsfor an empty cart, team, and driver, eighteen and three-fourth centsfor a horse and rider, six and one-fourth centsfor every footman, six and one-fourth centsfor every led horse, mule or ass, six and one fourth centsfor each head of cattle, two centsfor each head of sheep, hogs, or goats, one cent. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823.

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AN ACT To authorise the Board of Commissioners of the public loads in the county of Glynn, to establish and open a [Illegible Text] across the Big [Illegible Text] and to [Illegible Text] any money that may not have been otherwise [Illegible Text] to the opening and improving the water passage [Illegible Text] Brunswick and Darien, and to repeal so much of [Illegible Text] fourth section of the road law for the county of [Illegible Text] passed the twenty-third day of December, [Illegible Text] [Illegible Text] and twenty two, as to authorise the employment of overseers on said road. 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 commissioners of the road in Glynn county, or a majority of them, may open a road across the Big Buffalo, in said county, the nearest and best way from Brunswick to the Mineral Springs, in Wayne county. SEC. 2. And be it further enacted, That a majority of said Board may appropriate any monies not otherwise appropriated, that may belong to said board, to the opening and keeping open the water passage between Brunswick and Darien. SEC. 3. And be it further enacted by the authority aforesaid, That so much of the fourth section of a road act for said county, passed the twenty-third day of December, eighteen hundred and twenty-two, as to authorise the [Illegible Text] board of commissioners to employ one overseer for [Illegible Text] twenty hands, be and the same is hereby repealed. SEC. 4. And be it further enacted, That all laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823.

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AN ACT To establish a turnpike across Buffalo in Washington county, at a place called Cain's Bridge, and to appoint commissioners to carry the same into effect. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That a board of commissioners to consist of seven persons, be appointed for the purpose of contracting with a person or persons to make safe and permanent a causeway, known by the name of Buffalo causeway in Washington county. SEC. 2. And be it further enacted by the authority aforesaid, That the said commissioners shall form a board, which shall be known by the name of the Buffalo Turnpike Company, and shall be a body corporate and politic, shall in case of any vacancy in their body have the power to fill such vacancy, shall have perpetual succession and be capable of suing and being sued, impleading and being impleaded, in any court of law or equity in this state. SEC. 3. And be it further enacted, by the authority aforesaid, That the commissioners to be appointed under this act, or a majority of them, shall have power to contract with any person or persons to make a turnpike road across Buffalo swamp, to direct the materials of and manner in which the same shall be completed, to grant the same for any number of years, or in fee simple, to establish the rates of toll, and to authorise the erection of a toll gate, when in their judgment, the turnpike shall be completed in terms of the said contract. SEC. 4. And be it further enacted by the authority aforesaid, That the contracting party or parties shall bind him or themselves, his or their heirs, executors and administrators, together with two or more good and sufficient securities in a sum to be approved of by the said commissioners for the due performance of the aforesaid contract. SEC. 5. And be it further enacted by the authority aforesaid, That when it shall be adjudged by the board of commissioners,

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or a majority of them, that the contract has been fully complied with on the part of the contractor or contractors, notice thereof shall be given in the gazettes of Milledgeville, Augusta and Savannah, stating from what day toll may be demanded, and the rates which have been by them established. SEC. 6. And be it further enacted, by the authority aforesaid, That it shall be the duty of the board of commissioners to convene at the suggestion of two of its members to take into consideration the state of said causeway, and they shall have the power of removing the toll-gate, and to cause the cessation or suspension of toll, whenever in their opinion the causeway be deemed out of repair, of which notice shall be given by the board in the gazettes of Milledgeville and Augusta. SEC. 7. And be it further enacted, by the authority aforesaid. That if after such notice, the contracting party or parties, or his or their agent, shall ask for or receive any toll of any person or persons travelling over said causeway before public notice is again given by the board that said causeway is in a situation to demand toll, the contractor or contractors, proprietor or proprietors shall forfeit all right title or claim which may be vested in him or them by virtue of this act to said causeway, and the said causeway shall revert back to the county of Washington and become as heretofore a common highway. SEC. 8. And be it further enacted, by the authority aforesaid, That the board of commissioners of the aforesaid causeway, or a majority of them, are hereby authorised and empowered to call annually upon the justices of the Inferior court of Washington county for a sum not exceeding twenty dollars, which sum when required, the said justices shall cause to be paid into their hands for the purpose of enabling said commissioners to pay for advertising and other incidental expenses. SEC. 9. And be it further enacted by the authority aforesaid, That Richard A. Blount, N. G. Rutherford, John Acord, Gideon Strange, William [Illegible Text] Drury Stokes, and Charles Williamson, be and they are hereby appointed commissioners to carry into effect the provisions of this act.

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SEC. 10. And be it further enacted, by the authority aforesaid, That on all public days, viz: days of election, general review, c. the citizens of Washington county shall pass to and from the court house of said county [Illegible Text] free, any thing in the before recited sections notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To amend an act entitled an act to incorporate the Washington Turnpike Company, passed the twenty-fourth day of December, eighteen hundred and twenty one. 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 Washington Turnpike Company be, and they are hereby authorised to construct a road from the village of Appling, in Columbia county, to the village of Warrenton, in the county of Warren, on the nearest practicable routesaid road to be constructed in the same manner as the road prescribed in the said recited act; and the said Company to have and enjoy the same privileges and immunities in and over said road, as by the said recited act they are entitled to in and over the road prescribed in said act. SEC. 2. And be it further enacted. That the aforesaid Washington Turnpike Company, be and they are hereby authorised to construct a road from the town of Washington, in Wilkes county, in the direction of [Illegible Text] courthouse, so as to [Illegible Text] a proposed road from [Illegible Text] in Kentucky, to Augusta in this statesaid road to be constructed

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in the same manner as the road prescribed in the act to which this is amendatory, and the said Company to have the same rights and immunities in and over the same, as they are entitled to in and over the road prescribed in the before recited act. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. AN ACT To establish a Ferry on Flint River, on Fraction number two hundred and forty-two, in the fifteenth district of Houston County, and a Ferry on Fraction number two hundred and sixteen, in the first district of Dooly County, and 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 it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, David Jones, his heirs, and [Illegible Text] are hereby granted the privilege of [Illegible Text] and keeping a ferry across Flint river, on fraction number two hundred and forty-two, in the fifteenth district of Houston county: Provided, The said David Jones, his heirs, and [Illegible Text] do at all times keep a good and sufficient flat or ferry [Illegible Text] for the conveyance of passengers, and give due attention to said ferry. SEC. 2. And be it further enacted, by the authority aforesaid, That the following rates of toll shall be lawful to be received for ferriage at said ferry, to wit: For each loaded waggon, team and driver, fifty centsempty waggon, team and driver, thirty seven and half centsfor each four wheel pleasure carriage, fifty centsfor each two wheel pleasure

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[Illegible Text] twenty-five centsfor each loaded cart, team and driver, twenty-five centsfor each empty cart, team and driver, eighteen and three-fourth centsfor each man and horse, six and one-fourth centsfor each footman, lead horse, or head of neat cattle, three cents, and for each head of hogs, sheep, or goats, one and a half centsfor [Illegible Text] Jersey waggon, twenty-five cents. SEC. 3. And be it further enacted, by the authority aforesaid, That that the said David Jones, his heirs, or assigns, shall be bound for any damage that may be sustained by his or their neglect. SEC. 4. And be it further enacted by the authority aforesaid, That a ferry may be established on fraction number two hundred and sixteen, in the first district of Dooly county, with the same ferriage and regulations as is charged and observed for the ferry on number two handred and forty-two, in the fifteenth district of Houston county. SEC. 5. And be it further enacted by the authority aforesaid, That a ferry be established on fraction number two hundred and twenty-eight, in the fifteenth district of Dooly county, and that the following shall be the rates of toll or ferriage at said ferry, to wit: For each loaded waggon, team and driver, fifty centsfor each empty waggon, team and driver, thirty-seven and a half centsfor each four wheel pleasure carriage, fifty centsfor each two wheel pleasure carriage, twenty-five centsfor each loaded cart, team and driver, twenty-five centsfor each empty cart, team and driver, eighteen and three fourth centsfor each man and horse, twelve and a half centsfor each lead horse, six and one fourth centsfor each footman, six and one-fourth centsfor each head of neat cattle, three centsand for each head of hogs, sheep, or goats, one and a half centsfor each Jersey waggon, twenty-five cents; subject to the same rules and regulations as is observed in the third section of this act. SEC. 6. And be it further enacted by the authority aforesaid, That Tandy W. Key be, and he is hereby authorised to establish, over the [Illegible Text] in Jasper county, on his own land, a ferry, known as Key's ferry, and that he be authorised to ask, demand, and receive the same toll allowed by law to other ferries on said river.

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SEC. 7. And be it further enacted by the authority aforesaid, That William Blake be, and he is hereby authorised to establish a ferry across the Chatahoochie river, in De Kalb county, and that he be authorised to ask, demand, and receive the same rates, and he liable in the same manner as other ferries on said river. SEC. 8. And be it further enacted, by the authority aforesaid, That there shall be established also a ferry on the Altamaha river, at Beard's Bluff, known by the name of Jones' ferry, and to rate the same, that is to say, for short ferry for horse and rider, twelve and a half centsfor lead horse, six and one-fourth centsfor a foot person, six and one fourth centsfor a waggon and team fifty centsfor a Jersey waggon and team, cart and team, twenty-five cents eachfor all neat cattle, sheep, goats, and hogs, two cents per head. SEC. 9. And be it further enacted, That in all cases of long ferry, for horse and rider, twenty-five centsfor waggon and team, one dollarfor Jersey waggon and team, cart and team, fifty cents eachfor lead horse, twelve and a half centsfor a foot person, twelve and a half cents, any law, usage, or custom to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor Assented to, Dec. 20, 1823. AN ACT To establish a Ferry on Flint River, on Fraction number two hundred and thirty-three, in the fifteenth district of Houston County. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,

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and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, John Kener, his heirs, and assigns, are hereby granted the privilege of erecting and keeping a ferry across Flint river, on fraction number two hundred and thirty-three, in the fifteenth district of Houston county: Provided, The said John Kener, his heirs, or assigns, do at all times keep a good and sufficient flat or ferry boat for the convenience of passengers, and give due attendance to said ferry. SEC. 2. And be it further enacted by the authority aforesaid, That the following rates of toll shall be lawful to be received for ferriage at said ferry, to wit: For each loaded waggon and team, fifty centsfor each empty waggon and team, thirty-seven and a half centsfor each four wheel pleasure carriage, fifty centsfor each two wheel ditto, twenty-five centsfor each loaded cart, twenty-five centsfor each empty cart, eighteen and three-fourth centsfor each man and horse, six and one-fourth centsfor each footman, lead horse, or head of cattle, three centsand for each head of hogs, sheep, or goats, one and one half cents. SEC. 3. And be it further enacted by the authority aforesaid, That the above named person and his representatives, shall be bound for any damage that may be sustained by reason of his or their neglect. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor Assented to, Dec. 20, 1823.

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AN ACT Explanatory of a part of the ninth section of an act passed on the twenty-first of December, eighteen hundred and twenty-one, entitled an act to establish a turnpike over Ogeechee causeway in Bryan county, and to appoint commissioners to carry the same into effect. Whereas, difficulties have arisen as to the true and proper construction and meaning of that part of said ninth section of the above recited act which exempts market carts from paying a toll over and above twelve and an half cents. And whereas, it is proper that all doubts upon the subject should be immediately removedFor 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 all carts passing to, or returning from Savannah, having any articles in them to be disposed of at the public market [Illegible Text] said city, or which have been sold at said market are hereby designated market carts. SEC. 2. And be it further enacted, by the authority aforesaid, That all laws and parts of laws militating against this act be and the same are repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823.

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AN ACT To authorise James Richardson of Walton county to [Illegible Text] a toll bridge on the Apalachie river near his mills. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That James Richardson be and he is hereby authorised to erect a toll bridge over the Apalachie river near his mills, and to demand and receive from all passengers, the following rates of toll, viz: for each loaded waggon and team of not less than four horses, twenty five cents; for each empty waggon and team, twelve and an half cents; for each loaded waggon and team of less than four horses, eighteen and three fourths cents; for all four [Illegible Text] pleasure carriages, twenty-five cents; for all two wheel carriages of pleasure, twelve and an half cents; for all other two wheel carriages if loaded, twelve and an half cents; if empty six and one fourth cents; for each man and horse six and one fourth cents; for each loose or led horse or mule one cent; for each head of neat cattle, hogs, sheep or goats one cent: Provided, That the said James Richardson shall be bound to keep the said toll bridge in good and sufficient repair, and be culpable for all losses or damages, which may be sustained in consequence of any defect in the said bridge: And provided further, That the said James Richardson shall at all times be bound to sell the said bridge to the counties of Clark and Walton at a fair valuation, to be ascertained by three disinterested persons, one to be chosen by each of the Inferior courts of said counties, and the other by the said Richardson. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 13, 1823.

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AN ACT [Illegible Text] establish and make permanent the Ferry on the Ocmulgee river in the county of Jasper, known by the name of Joseph Hardy's ferry. 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 ferry on the Ocmulgee river in the county of Jasper at the landing belonging to Joseph Hardy, called and known by the name of Hardy's ferry, be and the same is hereby made and declared a public ferry, and the said Joseph Hardy, his heirs and legal representatives, are hereby authorised to ask and receive from all persons crossing at said ferry the same rates of toll or ferriage that is by law allowed or established at other public ferries on said river. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 8, 1823. AN ACT To authorise [Illegible Text] Gresham, Executrix of the last will and testament of Young Gresham, deceased, to establish a Ferry over the Oconee River, at a place known by the name of [Illegible Text] Ferry. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Hinson Gresham, executrix of Young Gresham, deceased, be and she is hereby authorised to establish a public ferry over the [Illegible Text] river, at a place known by the name

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of Colham's ferry, on the land belonging to the estate of the said Young Gresham, deceased, and that she be authorised to demand and receive, from all persons crossing said river at that ferry, the usual rates of toll at other ferries on said river, above the mouth of the Appalachie. SEC. 2. And be it further enacted, by the authority aforesaid, That the said Hinson Gresham, shall be held responsible for all losses or damages which may be sustained in consequence of negligence or other improper conduct at said ferry. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Nov. 26, 1823. AN ACT To open a new Road in the County of Camden, and to authorise Lewis Bachlott, Gustavus A. Cox, and Belton A. Copp, as commissioners, to raise a certain sum by Lottery, for that purpose. Whereas, it has been represented that great advantages would accrue by opening a road from the post road near St. Mary's, in the county of Camden, to meet a road which the inhabitants of East Florida are about to cut from Jacksonville, in the county of Duvall, in that vicinity, to the St. Mary's river, at a certain place called Rose's BluffAnd whereas, it has been further represented, that the expense of making the same will be considerable, as said new road, to strike the St. Mary's river at the desired point, opposite Rose's Bluff, will have to pass a considerable distance through a [Illegible Text]. Be it enacted by the Senate and House of Representatives of the [Illegible Text] of Georgia, in General [Illegible Text] met,

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That Lewis Bachlott, Gustavus A. Cox, and Belton A. Copp, be and they are hereby appointed commissioners to open said new road, in such direction as they shall deem most eligible. SEC. 2. And be it further enacted, That they be authorised to raise the sum necessary to make said road, by lottery: Provided, That the sum so to be raised shall not exceed two thousand dollars. SEC. 3. And be it further enacted, That the above commissioners, and their successors in office, shall give bond with good and sufficient security, to the Justices of the Inferior Court of Camden county, in the sum of ten thousand dollars, for the faithful performance of the duty of their appointments, and faithfully to return the amount of purchase money, if the lottery should not go into effect; the money to be returned to the purchasers; or in case the said lottery should not be carried into effect, within two years from and after the passage of this act, to refund to each holder of a ticket or tickets the amount for which such tickets were sold, on such ticket or tickets being presented to them or either of them. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Nov. 24, [Illegible Text]. AN ACT [Illegible Text] amend an act to establish a ferry over the river Alatamaha at Fort [Illegible Text], and to fix the rate of ferriage for Jersey [Illegible Text] and lagoon ferriage at said ferry. 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 first day of January next, Jersey waggons shall pay the same ferriage as carts and no more. SEC. 2. And be it further enacted, That from and after the first day of [Illegible Text] next, when the river Alatamaha shall be too high for short ferriage and not high enough for long ferriage, the following ferriage shall be established for the lagoon ferriage:for a cart and one horse, thirty-seven and an half cents; a cart and two horses, fifty cents; for a Jersey waggon and one horse, thirty seven and an half cents; a Jersey waggon and two horses, fifty cents; for a man and horse, twenty-five cents; for each led or drove horse, twelve and an half cents; for each two wheel pleasure carriage, fifty cents; for each four wheel pleasure carriage, one dollar; for a loaded waggon and four horses two dollars; for an empty waggon and four horses, one dollar; for each foot passenger, twelve and an half cents; and for each four wheel carriage and two horses, one dollar: Provided, Nothing herein contained shall be construed to make any person pay ferriage over the lagoons when they think proper to ford them. SEC. 3. And be it further enacted, That if any person or persons shall ask, demand or receive any higher rate of ferriage at said ferry than is allowed by the laws now in force and as amended by this act, he, she, or they shall forfeit and pay four times the amount so charged, to be recovered before any court having jurisdiction. SEC. 4. And be it further enacted, That all laws and parts of laws heretofore passed so far as the same militate against this act be, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823.

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AN ACT To alter and amend an act entitled an act to amend an act entitled an act to alter and amend an act to empower the justices of the Inferior courts of the several counties within the state to order the laying out the public roads, and to order the building and keeping in repair the public bridges, so far as relates to the counties of Chatham, Liberty, Bryan, McIntosh, Glynn and Camden, passed December tenth, eighteen hundred and three. Whereas, the fourth section of the above recited act is inadequate to the purposes for which it was intended, so far as it relates to its operation in the county of Chatham. 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 commissioners or surveyors of roads of the county of Chatham, or a majority of them, shall and they have full power and authority to appoint one or more person or persons within their several districts and divisions to summon all such persons as are obliged to work within the said districts or divisions, at such time of the year, and for as many days as they may think convenient and necessary, (not exceeding six days at one time, or twelve days in one year,) to repair, cut, open, clear and work upon the several roads, bridges, causeways, water passages and water courses within the same; and said summoner or summoners before entering on the duties of his or their appointments shall take the [Illegible Text] oath, to be administered by one of the commissioners or surveyors of said district or division, viz:[Illegible Text] A. B. do solemnly swear (or affirm) that I will faithfully [Illegible Text] the duties of summoner of the district to which I am appointed, and that I will receive no return from any owner, manager, or other person, unless such owner, manager, or other person, take the oath prescribed by law. So help me God.And the several owners and managers of male slaves within their several districts, shall when summoned deliver to the person summoning a list in writing or

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print on oath, of all such male slaves as by the said act of eighteen hundred and three, above referred to, are liable to work, which shall be as follows, viz: I, A. B. do solemnswear, (or affirm) that the list which I now give in, is a just and true return of all the male slaves subject to road duty under my control, either as owner, executor, administrator, agent or manager, to the best of my knowledge and belief. So help me God. Which oath the said summoner is hereby authorised and empowered to administer, and for the refusal of such owner, or other person in his or her behalf to give in a list of all such slaves on oath, as by the said act above referred to, and [are] liable to work, such person shall forfeit the sum of three hundred dollars, to be recovered in any court having cognizance thereof, to be levied of the goods and chattels of such owner and which shall come to trial at the first term after commencing the suit. SEC. 2. And be it further enacted, The person or persons summoning as aforesaid shall be exempt from his or their personal labor in such district or division; and in case any person or persons appointed to summons as aforesaid shall neglect or refuse so to do, such person or persons shall severally forfeit thirty dollars for every such offence, to be levied by warrant of distress and sale of the offenders goods and chattels, under the hands and seals of a majority of the commissioners or surveyors of said dis trict. SEC. 3. And be it further enacted, That the said fourth section of the act above referred to, be and the same is hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823.

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To alter and amend the road laws of this state as far respects the county of Effingham. AN ACT 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, so much of an act passed on the nineteenth day of December, eighteen hundred and eighteen, to alter and amend the road laws of this state, as relates to the measuring and posting the public roads putting up sign boards, and the penalties for destroying and defacing the same, shall be and the same is hereby declared to be in full force in said county of Effingham. SEC. 2. And be it further enacted, That so much of an act passed on the tenth day of December, eighteen hundred and three, as requires the inhabitants living back of the big bay in said county to work on the old road leading from Louisville to Savannah, by Joshua Loper's, (now known as the river road,) be and the same is hereby repealed. SEC. 3. And be it further enacted, That so much of an act passed on the twelfth day of December, eighteen hundred and four as requires the hands living within three miles of the road leading from Joshua Loper's to the place where it intersects the main public road leading from Savannah to Gun's bridge on Ogeechee, to work on said road be and the same is hereby repealed so far as relates to the operation of said act in the county of Effingham: Provided nevertheless, That nothing herein contained shall be so construed as to authorise the Inferior court of said county to discontinue the road back of the big bay, or either of the roads above described, [but they shall remain and be permanent public roads,] with such improvements as said court may think proper to direct, and the inhabitants residing on or nearest to either of said roads shall not be compelled

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to work on either of the others, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823. RELIEF LAWS. For the relief of the [Illegible Text] and representatives of Thomas Davis, deceased. AN ACT Whereas, it is represented to the legislature that a grant issued by the said Thomas Davis for the quantity of eightynine and one tenth acres, being part of lot number ninetyseven, in the nineteenth district of Baldwin formerly, afterwards Jasper county, which was returned as a fraudulent draw by the said Thomas Davis, and was divided pursuant to an order of the executive, and the part above described allotted to the said Thomas Davis as an informer under an act of the General Assembly, passed the twenty-second of December, eighteen hundred and eight. And whereas, it appears by the records of the Superior court of Jasper county, that a verdict was rendered for the plaintiff, the said Thomas Davis informer, at August term of said court, eighteen hundred and twelve, but that no judgment was signed thereon until September term eighteen hundred and twenty, the grant to said Thomas Davis hearing

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date on the fourth day of August eighteen hundred and twenty, previous to the date of said judgment, and doubts having been entertained as to the validity of said grant on account of the division of the land, and the grant being dated prior to the judgmentFor 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 the said grant to the said Thomas Davis shall be taken and considered as legal and valid to all intents and purposes as though the division of said land and the said grant had issued and bore date subsequent to the signing of the judgment, and shall be admitted as evidence in all courts of law and equity in this state, and with the same force and legal effect that the said grant would have received and been entitled to, had the said judgment been regularly signed upon the said verdict, any law, or decision of any court to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 13, 1823. For the relief of Baxter Davis. AN ACT Whereas, Baxter Davis a citizen of this state, gave in his name for a draw or draws in the land lottery of eighteen hundred and eighteen, and drew lot number ninety, in the eleventh district of Hall county. And whereas, the said Baxter Davis sent on for a grant for said lot of land, forwarding the sum of eighteen dollars for the same, and that by mistake a grant was sent to him for lot number nineteen, in said district, which had

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been drawn by one Samuel Weathers, and which grant last aforesaid issued to the said Samuel Weathers, and the said Baxter Davis having returned said grant to the office of Secretary of State. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the said Baxter Davis shall on application have a grant under the usual forms and solemnities made out and issued to him for the said lot of land number ninety in the eleventh district of Hall county, without paying any additional fees therefor. SEC. 2. And be it further enacted, That the said grant to Samuel Weathers shall be cancelled, and the said lot shall remain in the same situation as though no grant had ever issued therefor, any law, usage or custom to the contray notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. AN ACT For the relief of that portion of the inhabitants of Richmond county, who reside or own property within [Illegible Text] miles of the city of Augusta, and without the corporate limits of said city. 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, all [Illegible Text] and parts of laws which give to the city council of Augusta, police or other jurisdiction over the [Illegible Text] or property within

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three miles of the city of Augusta, and without the corporate limits of said city, except as relates to the public roads, be and the same is hereby repealed. SEC. 2. And be it further enacted, That so soon as the contracts made by the city council of Augusta with individuals for keeping said roads in repair shall have expired the authority heretofore given to the said city council over the said extent of three miles, shall cease and determine, and the supervision and repairs of the roads within the said three miles, and the necessary appropriations for the same shall be vested in and made by the Inferior court of Richmond county, in the same manner as all other roads within said county now are or may hereafter be directed by law. SEC. 3. And be it further enacted, That all laws and parts of laws contrary to the provisions of this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. AN ACT To authorise certain persons therein described to plead and practice in the courts of law and equity in this state, on the terms therein mentioned. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That when any application for admission to plead and practice in the courts of law and equity in this state shall be made by any person who shall produce to the court in which such application shall be made, the certificate of a judge of

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the court of common pleas, or judge of the court of equity of the state of South Carolina duly attested under the seal of [Illegible Text] of the said courts, stating in substance that such person has practised for three years immediately preceeding in the county courts of the said state, as an attorney and solicitor, and has maintained a good moral and professional reputation, he shall be forthwith admitted to plead and practice as an attorney and solicitor in the courts of law and equity of the state of Georgia, without a compliance with any form or requisite, except only the payment of the usual fees, and taking the usual oath: Provided always, That this act shall not go into operation until an act similar in its provisions shall have been passed by the legislature of the state of South Carolina. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. For the relief of Honest Debtors. AN ACT 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, when any debtor or debtors shall be taken upon any capias ad satisfaciendum, and shall be desirous of taking the benefit of the oath prescribed for the relief of insolvent debtors, or of rendering a full and fair schedule of his property, it shall and may be lawful for such debtor or debtors to tender to the sheriff of the county, his lawful deputy, or any constable, marshal, or other officer by whom he, she or they may have been taken, a [Illegible Text] or bonds payable to the party at whose instance the arrest was made with good and

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sufficient securities in twice the amount of the debt, conditioned for his appearance at the next term of the Superior or Inferior court or any court of Oyer and Terminer and corporation court in which said capiasad [Illegible Text] was obtained, (and if the same issued from a justice's court then to the Inferior court next to be held in and for the said county,) then and there to stand to and abide by such proceedings as may be had by the court in relation to his, her or their taking the benefit of this act, and in case of failure to appear, judgment shall be entered up instanter upon said bond against the principal and his securities to be discharged upon the payment of the debt and cost. And when an execution issues thereon, the defendant in the capias ad [Illegible Text] shall not be entitled to the benefit of this act: Provided, That if either of the parties to the said bond shall be desirons to have an issue made up and submitted to a jury, a jury shall be immediately impanneled to try such [Illegible Text], and the plea of non est factum shall only be received upon the party making oath of its verity: And provided further, That if it shall be made appear satisfactorily to said court that said debtor or debtors are prevented from [Illegible Text] court by sickness or other sufficient cause, to be judged of by the court, the case shall be continued over to the next court, at which time the same proceedings shall be had as if he had appeared at the first term: And provided further, That if such debtor or debtors shall die in the meantime, it shall be an absolute discharge of such bond or bonds: Provided nevertheless, That when any debtor or debtors shall be taken as aforesaid within twenty days before the sitting of said court, said bond shall be conditioned for his, her or their appearance at the succeeding term of the court aforesaid. SEC. 2. And be it further enacted, That upon such debtor or debtors tendering such bond or bonds it shall be the duty of such sheriff, deputy or constable, as the case may be, to release him, her or them from confinement or custody, any law, usage or custom to the contrary notwithstanding. SEC. 3. And be it further enacted, That to enable the honest debtor the more easily to obtain the security required in the first section of this act, it shall be lawful for the said

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security at the court to which the principal is bound to appear, to surrender in open court said principal in discharge of the security, and for the purpose of making the surrender, the security is hereby authorised to exercise all the power which by law special bail have over their principal. SEC. 4. And be it further enacted, That upon the appearance of such debtor or debtors at the court to which he is bound to appear, it shall be lawful for him, her or them, either in person or by attorney, to move the court to be admitted to take the oath prescribed for the relief of insolvent debtors, or to swear to the schedule previously filed with the clerk of said court agreeably to the provisions of this act hereinafter contained; and it shall be the duty of said court upon such debtor or debtors making it appear to them that at least ten days notice has been given in writing to his, her or their creditors of the intention to avail him, her or themselves of the benefit of this act, to administer the oath prescribed for the benefit of insolvent debtors, or to swear him, her or them to the schedule as aforesaid, as the case may be, and to direct the clerk to make an entry of the same upon his minutes, which shall exempt the body or bodies of such debtor or debtors from imprisonment for debt, in all cases where notice may have been given to the creditors, which notices shall be filed with the clerk of said court: Provided nevertheless, That if any creditor or creditors shall suggest any fraud, or concealment of any property, money, or effects, it shall be the duty of the court to direct an issue to be made up and tried by a jury, at the first term before such debtor or debtors are sworn: Provided further, That if either of the parties shall be unprepared for the trial of such issue, the court may continue the same under the same rules and regulations by which suits at law are now continued; and if the said jury shall find that there is any fraud or concealment, or if said debtor or debtors shall fail or refuse to answer upon oath, or if said debtor or debtors shall fail to make it appear to the court, that he, she, or they, have given the necessary notice to the creditor or creditors, at whose instance he, she, or they may have been arrested, then and in that case the said debtor or debtors shall be deemed in the custody of the sheriff, and the court shall adjudge that he, she, or they, be imprisoned until a

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full and fair disclosure of all the property, money, or effects, be made by said debtor or debtors, and until he, she, or they, have given the necessary notice as aforesaid, to be judged of by said court. SEC. 5. And be it further enacted by the authority aforesaid, That when any debtor or debtors, taken upon any capias ad [Illegible Text] as aforesaid, shall be desirous to render a full and fair schedule of his, her, or their property and effects, he, she, or they, shall file the same with the clerk of the court at which he is bound to appear at least ten days before the sitting of the court, at the sitting of which he proposes to avail himself of the benefit of this act, and that upon his being admitted to swear to the said schedule, the same proceedings shall be had thereon as may be now had on schedules filed under the law now in force. SEC. 6. And be it further enacted, That no person shall be imprisoned for debt upon any capias ad [Illegible Text], who will comply with the requisites of this act, except in cases of fraud or concealment, herein before mentioned, any law, usage, or custom to the contrary notwithstanding. SEC. 7. And be it further enacted by the authority aforesaid, That all laws and clauses of laws, militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823.

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AN ACT To admit Ptolemy T. Harris and Eugenius A. Nesbitt to plead and practice in the several courts of law and equity in this state. Whereas Ptolemy T. Harris, a practising attorney in the state of Alabama, is about removing into this state, and of pursuing his professional business without loss of time. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall and may be lawful for the said Ptolemy T. Harris to plead and practice in the several courts of law and equity [in this state,] any law to the contrary notwithstanding: Provided, That the said Ptolemy T. Harris shall undergo an examination before two or more Judges of the Superior courts of this state, and be found qualified by them, he having previously satisfied them of his moral character, and also that the said Ptolemy T. Harris shall reside in this state. SEC. 2. And be it further enacted, That Eugenius A. Nesbitt shall, from and after the passing of this act, be permitted and allowed to plead and practice as an attorney and solicitor in the several courts of law and equity in this state, on undergoing an examination under the direction of any Superior court in the same, and being found to possess the requisite legal information and moral character: Provided always, That the said Eugenius A. Nesbitt shall, after the date of his admission as aforesaid, be deemed and held competent in law to enter into contracts, and shall be responsible therefor in like manner as if he were of full age. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823.

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To [Illegible Text] a certain male Child. AN ACT Whereas, it appears by the petition of Thomas [Illegible Text] formerly of South Carolina, but now of De Kalb county, that a certain boy child was left at his house about eleven years ago, the said child being then about three months old, and it appearing by the petition of said Grogan, that he has nourished and raised the said child, and from parental affection towards him the said child, is desirous that [Illegible Text] should be legitimatized and called William Grogan. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passing of this act, the said male child shall be called and known by the name of William Grogan, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823. AN ACT To alter and change the names of Amos Stewart to that of Amos Attaway, and Ann Ham to that of Ann Hamilton, and William Davis to that of William Sheffield. 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 said Amos Stewart shall be called and known in law by the name of Amos

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Attaway, and the said Ann Ham shall be called and known in law by the name of Ann Hamilton, and also the name of William Davis to that of William Sheffield, any law [Illegible Text] usage to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823. AN ACT To change the names of Young G. W. Fickling, and Caroline S. Fickling, to Young G. W. Burk, and Caroline S. Burk. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the names of Young G. W. Fickling and Caroline S. Fickling, be and are hereby altered and changed to Young G. W. Burk and Caroline S. Burk. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 17, 1823.

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[Illegible Text] alter the name of Francis Desjardins, of Chatham County. AN ACT 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, Francis Desjardins of Chatham county, shall be known and called by the name of Francis [Illegible Text]. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 2, 1823. AN ACT [Illegible Text] the relief of Isaac Hall, tax collector for the County of Wilkinson, for the year one thousand eight hundred and twenty one. 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 Grand Jury of the county of Wilkinson shall be, and they are hereby authorised and required to examine the insolvent list of Isaac Hall, tax collector of the county of Wilkinson, for the year one thousand eight hundred and twenty-one, and to make such allowance thereon as shall appear to them to be just, notwithstanding the failure of the said Isaac Hall to bring in the same within the time prescribed by law, and the Comptroller general and Treasurer of this state, are hereby authorised and required to

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credit the account of the said Isaac Hall, tax collector as aforesaid, with such sum as may be allowed by the said Grand Jury, under the provisions of this act. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823. AN ACT To authorise the Judges of the Inferior Court of Emanuel county to make rights and titles to the old Court-house and Jail, and two acres of land whereon they stand, formerly in the county of Montgomery, but now in Emanuel, authorised by act, passed the eighth of December, eighteen hundred and fifteen, to be sold by certain commissioners appointed for that purpose, which was done, and the money paid by the purchaser, but the titles were never madeFor 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 hereby enacted, That from and immediately after the passing of this act, the aforesaid Justices of the Inferior court, be and they are hereby authorised to make rights to the purchaser of the same, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823.

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AN ACT To carry into effect the last will and testament of James Robinson, late of Greene county, deceased, so far as to [Illegible Text] a female slave by the name of Chloe. Whereas, James Robinson, late of Greene county, deceased, previous to his death, did duly make and publish his last will and testament, containing among other things, a clause emancipating a female slave by the name of Chloe, the property of him the said JamesAnd whereas, the said James required his executors to carry this clause of his said will into execution, by procuring a legislative act to legalize the same. 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, the said female slave Chloe be, and she is hereby fully and completely emancipated and set free, according to the true intent and meaning of him the said James Robinson: Provided, That the said negro Chloe be, and she is hereby liable to all the fines, penalties and privileges, now imposed on, and allowed to, free people of color in this state. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Nov. 24, 1823.

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To admit Edward P. Postell to plead and practice in the several courts of law and equity in this state. AN ACT 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, Edward P. Postell be and he is hereby admitted to plead and practice in the several courts of law and equity in this state, upon his taking the usual oath in such case made and provided: Provided, He undergoes the examination pointed out by law and the rules of court. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Nov. 21, 1823. AN ACT To authorise the justices of the Inferior court of the county of Hall to remit a fine incurred by Michael Dickson. Whereas, Michael Dickson heretofore became bound for the appearance of Nancy Scission against whom there was a true bill found at Hall Superior court for the crime of adultery, and the said Nancy Scission failing to appear, his recognizance was forfeited for the sum of five 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 from and after the passing of this act, the justices of the

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Inferior court of the county of Hall, be and they are hereby authorised and empowered to remit the whole or any part of said fine, so incurred by Michael Dickson on the failure of Nancy Sission so to appear: Provided, That the said Michael Dickson shall in no case be exonerated until he shall have paid all cost that accrued in said case. SEC. 2. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act be and they are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Nov. 24, 1823. To change the names of certain persons therein named. AN ACT Be it enacted by the Senate and House of Representatives of the Senate 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, Allen Clark, of the county of McIntosh, shall be called and known by the name of Allen Owings, and Andrew Dregors, of the same county, shall be called and known by the name of Andrew Owings, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823.

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To legitimatize and change the name of Nancy Davis to that of Nancy Miller. AN ACT 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 name of Nancy Davis be and it is changed to that of Nancy Miller, and that she is hereby declared to be fully and completely legitimatized and entitled to all the rights and legal privileges that she would have been, had she been horn in lawful wedlock, and be fully capable of taking and inheriting and receiving all manner of property by virtue of the statute of distribution of this state, so far as relates to the real and personal estate of Joseph Miller, (the reputed father of the said Nancy Davis,) and to no other, to all intents and purposes, any law to the contrary notwithstanding: Provided, That this act shall not enable the said Nancy to inherit to the exclusion of any child or children of the said Joseph Miller born, or who may hereafter be born in lawful wedlock. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 8, 1823. To add to the name of Stephen Lacoste Harris, of Chatham County. AN ACT Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,

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and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, Stephen Lacoste Harris, of the city of Savannah, in the county of [Illegible Text], in the state aforesaid, son and heir of John Hartley Harris, alias William Laycock, late of the city of Savannah, and formerly of London, England, shall be called and known by the name of Stephen Lacoste Walmsley Harris. SEC. 2. And be it further enacted, by the authority aforesaid, That the said Stephen Lacoste Walmsley Harris, shall be, and he is hereby empowered to act as Notary Public for the county of Chatham, in the state aforesaid, under the name last aforesaid, with the same power and authority as that granted him in the name of Stephen Harris. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Nov. 21, 1823. [Illegible Text] remove the Court-house, or the site of the public buildings in the county of Wayne. AN ACT 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 James Strickland, Aaron S. Harris, James D. Prevatt, Pliny Sheffield, and Jeremiah Johns, or a majority of them, he, and they are appointed commissioners to fix on the site for the public buildings of said county, which place shall be as near the centre of said county as convenience will permit, on the north side of the river Great Satilla; and that said commissioners, or a majority of them, shall have

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full power and authority to purchase, not exceeding ten, nor less than two acres of land, for the purpose of fixing thereon a court house and jail, and other public building of said county, and to lay off the remainder in lots of such size and manner as they, or a majority of them, shall deem most advantageous, and to sell and dispose of the same to the highest bidder, giving at least thirty days notice thereof by public advertisement at two or more of the most public places in the county aforesaid, the proceeds thereof to be applied to the payment of said land, the remainder, if any, to be applied towards building the court-house and jail of said county, and shall be paid by said commissioners into the hands of the Inferior court of said county, who, or a majority of whom, are appointed commissioners for the purpose of letting the building of the court-house and jail, by public outcry, to the lowest bidder, after giving thirty days notice thereof at two or more public places in said county. SEC. 2. And be it further enacted, That courts shall be held as heretofore until suitable buildings are erected at the place contemplated by this act. SEC. 3. And be it further enacted, That all elections for members of the Legislature, and justices of the Inferior court, and clerks, and sheriffs, and receiver of tax returns, and tax collectors, and coroner, shall be held at the place appointed by the commissioners aforesaid. SEC. 4. And be it further enacted, That the commissioners shall meet at the house of Wile Robinson, Esq. for the purpose above stated, at any time agreed on by them, or a majority of them, before the first of July next, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823.

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AN ACT To alter and change the names of Winney B. James F. and William A. Osborn, to that of Winney B. James F. and William A. Newsom. 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 said Winney B. James F. and William A. Osborn, shall be called and known in law by the names of Winney B. James F. and William A. Newsom, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Nov. 24, 1823. AN ACT To grant indulgence to the purchaser of lot number thirty-two, lying in the county of Greene, and known as a part of the University land. Whereas, the original purchaser of said lot of land, some years since sold and transferred it to a third person, and has failed to pay the state for the same. And whereas, the state has caused the mortgage given on said land to secure the payment of the sum given for said lot of land to be foreclosed, and has caused the same to be advertised for sale on the first Tuesday in January next, by the sheriff of Greene county.

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Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the purchaser of said lot of land at sheriff's sale, shall be entitled to all the benefits of the act passed second of December, eighteen hundred and twenty-two, requiring the collection of a certain part of the debts due the University, c.: Provided, The purchaser thereof shall pay into the clerk's office of the Superior court, one half of the amount of which said lot shall sell, and give good bond and security for the remainder. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. SHERIFFS. Concerning Coroners and Inquests. AN ACT Whereas, much inconvenience is now felt from the existing laws on the subject of the duties and powers of Coroners. 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 immediatety after the passing of this act, every

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person who shall be elected to the office of [Illegible Text], shall before he enters upon the execution of the duties of his office, take the following oath or affirmation, to wit:I, A. B. [Illegible Text] of the county of do solemnly swear or affirm, (as the case may be,) that I will well and truly serve the state of Georgia, in the office of coroner of the said county, that I will to the utmost of my power faithfully and truly execute or cause to be executed all writs and precepts to me directed, and which shall come to my hands, and will faithfully and truly return the same, according to the best of my knowledge skill and judgment: that I will in no case knowingly use or exercise the said office illegally corruptly or unjustly; that I will neither directly or indirectly by any means or device, or under any color or pretence whatsoever, accept, receive, take, use, or enjoy, or consent to the accepting, using, receiving, taking or enjoying any fee or reward of or from any person or persons whomsoever, for the summoning, empannelling, or returning of any inquest, jury or tales to or in any court for this state, or between party and party, other than such fees or rewards as are or shall be allowed by law for the same, and that I will not directly or indirectly exact or demand any manner of fee or reward from any person or persons for serving, executing or returning any writ, precept, process, execution, or inquisition or for any other service in my said office, other than such fees or rewards as are or shall be allowed for the same by law, but that I will in all cases and things touching the duties of the said office, demean myself honestly, fairly, and impartially, according to the best of my knowledge skill and judgment. SEC. 2. And be it further enacted, That every coroner shall upon view of the body, take inquests of deaths in prisons: Provided, Such death happen suddenly or violently, and without an attending physician, unless such death be attended by suspicious circumstances, and of all violent sudden or casual deaths within his county, and the manner of such deaths. SEC. 3. And be it further enacted, That the coroner as soon as he shall have notice or be certified of any death as aforesaid, shall make out a precept directed to any constable of the county where the dead body is found or lying, requiring him to summon a jury of inquest, composed of

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good and lawful men, from the captain's district within which the said body may be reported to lie, or from an adjoining district of said county if necessary, to appear before him at the time and place in such precept mentioned and contained, which precept shall be in form following: county, to witThe state of Georgia to any lawful constables of of the said countyYou are required immediately upon sight hereof, to summon good and lawful men from district, or an adjoining district if necessary, of the county of to be and appear before me, A. B. the coroner of the county aforesaid, at in the said district of said county, on the day of at the house of in the noon of the same day, then and there to enquire of, do, and [Illegible Text] all such things as, on behalf of the state shall be lawfully given them in charge touching the death of (or a person unknown, as the case may be,) and be you then and there to certify what you shall have done in the premises, and further to do and execute what in behalf of the said state, shall be then and there enjoined upon you. Given under my hand and seal, at in the said county, this day of in the year of our Lord SEC. 4. And be it further enacted, That the constable to whom such precept shall be directed and delivered shall forthwith execute the same, and shall repair to the place at the time mentioned therein, and make return of the precept with his proceedings thereon to the coroner. SEC. 5. And be it further enacted, That it shall be the duty of the coroner to certify and return every constable who shall neglect or refuse to execute the services and duties, or any of them, by this act prescribed, to the next Inferior court to be held in and for the county, which court unless a reasonable excuse be offered shall set such fine upon the constable offending, as they shall think fit and reasonable, not exceeding fifty dollars. SEC. 6. And be it further enacted, That when any juror shall be summoned as aforesaid, and shall fail to attend that then and in that case, the said defaulting juror shall forfeit and pay a sum not exceeding ten dollars, to be levied

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by execution, under the hand and seal of said coroner, unless such defaulting juror shall show good and sufficient cause of excuse within ten days after said default to be made on oath before any justice of the peace, and filed in the office of the clerk of the Inferior court, the merits of which excuse shall be determined by the next Inferior court thereafter. SEC. 7. And be it further enacted, That the coroner shall swear or affirm twelve of the said jurors who shall appear, seven of whom shall be competent to return a verdict, and shall administer to the foreman of the inquest an oath or affirmation, upon view of the body, in form following: You, as foreman of the inquest, shall diligently enquire and true presentment make, on behalf of the state of Georgia, how and in what manner or a person deceased, unknown, as the case may be, here lying dead, came to his death, and of such other matters relating to the same, as shall be lawfully required of you, according to evidenceAnd then shall swear or affirm, by three at a time, in order, the rest of the jurors, in form following:Such oath or affirmation, as the foreman of this inquest hath taken on his part, you and every of you shall well and truly observe and keep on your part. SEC. 8. And be it further enacted, That when the jurors are sworn or affirmed, as aforesaid, the coronor shall charge them on their oath or affirmation, to declare if the death of the person, whether he or she, died by murder, manslaughter, misadventure, misfortune, accident, or otherwise, and who, and when, and by what means, and in what manner; and if by murder, who were principals and who were accessories; and if by manslaughter who were the perpetrators, and with what instrument the stroke or wound was in either case given, and so of all prevailing circumstances, which may come by presumption; and if by misadventure, misfortune, accident or otherwise, whether by the act of God or man, and whether by hurt, fall, stroke, drowning, or in any other way; to enquire what persons were present at the death, from whence the deceased came, and who he or she was, and his or her parents, relations, or neighbors; who were the finders of the body, whether killed in the same place where he or she was found, or if [Illegible Text], by whom and how he or she was brought from

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thence, and of all circumstances relating to the said death; and if he or she died in prison, whether by hard usage there or not, and if so, how and by whom; and if he or she put an end to his or her own life, then to enquire of the manner, means or instrument, and of all circumstances concerning it. SEC. 9. And be it further enacted, That it shall be lawful for every coroner to issue process for witnesses, commanding them to come before him to be examined, and to declare their knowledge concerning the matter in question; and the said coroner shall administer to every witness an oath or affirmation, in form following: You solemnly swear (or affirm) that the evidence which you shall give this inquest, on behalf of the state, touching the death of C. D. (or a person unknown, as the case is) shall be the truth, the whole truth, and nothing but the truth. SEC. 10. And be it further enacted, That all coroners shall deliver their inquisitions to the next Superior courts of their respective counties, and the said court shall proceed thereon against the offender. SEC. 11. And be it further enacted, That every coroner upon any inquisition before him found, whereby any person or persons shall be indicted of murder or manslaughter, or as accessory or accomplice to the said crime of murder, either before or after the fact, shall put in writing the effect of so much of the evidence given to the jury before him, as shall be material; and every such coroner is hereby authorised and required to bind all such, by recognizance, as do declare any thing material to prove the said murder or manslaughter, or to prove any person or persons accessory or accessories, as aforesaid, to the said murder, to appear at the next Superior court of the county where the trial thereof shall be, then and there to give evidence against such offender or offenders, at the time of his, her or their trial; and shall certify as well the same evidence as such recognizance or recognizances in writing, as he shall take, together with the inquisition before him taken, and forward to the said Superior court at or before the time of the trial of the party or parties indicted. SEC. 12. And be it further enacted, That if any coroner be remiss, and do not take inquistion as aforesaid, or

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do not certify as is before directed, or shall offend in any thing contrary to the true intent and meaning of this act, the Superior court of the county where such offence shall be committed, upon due proof thereof by examination before them, shall for every such offence, set such fine upon the said coroner as the said court shall think fit and reasonable, not exceeding five hundred dollars. SEC. 13. And be it further enacted, That the said coroner shall, before entering on the duties of his office, give bond and security, as is prescribed in the case of sheriffs, in the sum of five hundred dollars, except in the counties of Chatham and Richmond, where the penalty of said bonds shall be two thousand dollars. SEC. 14. And be it further enacted, That the coroner and constable serving the process, shall each receive, in addition to the fees now prescribed by law, the sum of fifty cents on each execution collected: and that the constable summoning the jury shall receive the sum of one dollar. SEC. 15. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823. AN ACT To compel [Illegible Text] and Coroners to deliver possession of real estate, sold by them under executions, to the purchaser, his or her [Illegible Text] or attorney. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,

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and it is hereby enacted by the authority of the same, That when any sheriff or coroner shall sell any real estate by [Illegible Text] of and under the authority of any execution, it shall be the duty of such sheriff or coroner, (as the case may be,) upon application, to put the purchaser, his or her agent or attorney, in possession of the real estate sold: Provided, That this act shall not authorise the officer making the sale to turn out any other person than the defendant in execution, his heirs, or their tenants, if such other person were in possession at the term of the rendition of the judgment, or if such person has acquired such possession under the judgment of a court of competent jurisdiction, or claim under the person or persons acquiring such right by the judgment of such court. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate, G. M. TROUP, Governor. Assented to, Dec. 23, 1823. To legalize the Sheriff's sales of Hancock county. AN ACT Whereas, John W. Scott. sheriff of Hancock county, has advertised his sales in the Missionary, a paper printed at Mount Zion, in Hancock county, contrary to an act of the legislature, passed the fifteenth day of December, eighteen hundred and ten requiring the sheriffs of Hancock and Washington counties to publish their sales in one of the Milledgeville papers.For 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 from and immediately after the passing of this act, that the sheriff sales of Hancock county published in the Missionary

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shall be considered and held as legal and valid as [Illegible Text] the same had been advertised in one of the Milledgeville papers: Provided, That this act shall not operate to divest any existing right which has vested since said sale and before the passage of this act. SEC. 2. And be it further enacted, That it shall be lawful for John W. Scott sheriff of Hancock county, and his successors in office, to advertise their sales either in the Missionary, or one of the Milledgeville papers. SEC. 3. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate, G. M. TROUP, Governor. Assented to, Dec. 19, 1823. SLAVES. AN ACT To alter and amend an act for the ordering and governing of Slaves within this state, passed the tenth day of May, seventeen hundred and seventy. 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 forty-third section of the said act, passed the tenth day of May, seventeen hundred and seventy, for the ordering

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and governing of slaves within this state, be and the same is hereby repealed. SEC. 2. And be it further enacted, That from and after the passage of this act, every owner or owners, who may keep on any plantation the number of ten slaves or more, over the age of sixteen, shall be compelled to keep a white man capable of bearing arms, as an [Illegible Text] manager, or superintendant on said plantation, under the penalty contained in the said forty-third section so repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, G. M. TROUP, Governor. Assented to, Dec. 20, 1823. To authorise the enforcement of the patrol law, in the city of Savannah, in certain cases therein mentioned. AN ACT 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 colonel or other officer commanding the militia of this state in the city of Savannah, shall be and he is authorised and required to enforce the patrol laws of this, state within the limits of his command, whenever he shall be required so to do by the mayor and aldermen of the said city of Savannah, who are hereby authorised to make such requisition whenever they shall deem the same necessary. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, G. M. TROUP, Governor. Assented to, Dec. 20, 1823.

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TOWNS. For the incorporation of the town of Macon in Bibb county. AN ACT 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 Oliver H. Prince, David S. Booth, Samuel Wood, Charles J. McDonald and Seth Ward are hereby appointed commissioners of said town, and shall continue in office until successors are appointed according to the provisions of this act. SEC. 2. And be it further enacted by the authority aforesaid, That on the first Monday in January, eighteen hundred and twenty-five and on the first Monday in January in every year thereafter, all persons, inhabitants of said town, entitled to vote for members to the General Assembly, shall assemble at the court-house in said town, and by ballot elect five commissioners who shall continue in office for one year, and until successors are elected, at which election any two of the justices of the Inferior court, or two of the justices of the peace of said county, not being themselves candidates shall preside, and if it shall so [Illegible Text] that such election shall not take place on the day herein appointed, any one or more of the justices of the Inferior court, or justices of the peace for said county, may afterwards by giving ten days public notice, hold the same in the manner herein directed; and in case of the death or removal of any of said commissioners, the remaining commissioners shall have power to fill such vacancy until the next annual election. SEC. 3. And be it further enacted by the authority aforesaid, That it shall not be lawful for any of said commissioners so elected or appointed, to enter on the duties of his

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office until he shall have taken and subscribed to the following oath:I, A. B do solemnly swear, (or affirm as the case may be,) that I will well and truly perform the duties of a commissioner by adopting such measures as shall in my judgment be best calculated to promote the general good of the citizens of the town of Macon. SEC. 4. And be it further enacted by the authority aforesaid, That the said commissioners shall have full power and authority to make any bye-laws, ordinances or regulations, and power to enforce the same that they may deem best calculated to promote the general good of the citizens of said town: Provided always, That no law, ordinance or regulation shall be contrary to the constitution and laws of this state or that of the United States. SEC. 5. And be it further enacted, by the authority aforesaid, That said commissioners shall have jurisdiction within the present limits of the common and town of Macon, and the twenty acre lots under lease from the general government on the cast side of the river Ocmulgee. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 8, 1823. AN ACT To define the duties and authority of the Commissioners of the town of Lawrenceville, in Gwinnett 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 Charles Rawson, Dr. John Brewster, Laban P. Pool, John H. Hammons and Elisha W. Chester, be and they are appointed commissioners of said town, to hold their offices

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until the second Monday in January eighteen hundred and twenty-five, and that on the said second Monday in January eighteen hundred and twenty-five, and on the said second Monday [in January] in every succeeding year thereafter, five commissioners, being residents and freeholders within the corporate limits of said town, shall be elected by ballot at the usual place of holding elections for said county, by such citizens residing within the said corporate limits, as are entitled to vote for members of the General Assembly, ten days written notice thereof being given at the court-house by the presiding [preceeding] commissioners, or a majority of them, or by any justice of the Inferior court, or justice of the peace for the county of Gwinnett, at which election any justice of the Inferior court or justice of the peace for said county, together with two freeholders of said town, not candidates, shall preside: and if it should so happen that such election shall not take place on the day herein appointed, any one or more justices of the Inferior court, or justices of the peace for said county, may afterwards advertise and hold the same at any subsequent day, in the manner herein directed. And whenever any vacancy shall occur, it shall be supplied by election in the manner aforesaid; and in all cases, the commissioners already in office, shall act until their successors are elected and qualified. SEC. 2. And be it further enacted by the authority aforesaid, That it shall not be lawful for any commissioner to enter on the duties of his office until he shall have taken and subscribed an oath before some one of the justices of the Inferior court, or justices of the peace for said county, well and truly to perform the duties of a commissioner of the town of Lawrenceville, as ascertained by law, and to support the constitution of the United States, and of the state of Georgia: and a certificate on the minute book of the commissioners, by the persons presiding at the election, that the persons named are duly elected, and a certificate as aforesaid, by such justice, that they have taken the oath aforesaid, shall be legal evidence that the commissioners [Illegible Text] elected and sworn are authorised to act as such. SEC. 3. And be it further enacted, by the authority aforesaid, That such commissioners shall receive no compensation for their services; they shall be a corporation so far as to [Illegible Text] competent to make contracts, to do other acts herein

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authorised, and to sue and be sued by the name of The board of Commissioners of the town of Lawrenceville. Any three or more of them shall form a board; their proceedings as a board shall be summary, and shall be authenticated by the signature of the president, and be judicially proved by a copy thereof, signed and certified by their secretary. The board may if they shall deem it necessary, transcribe their minutes and other recorded proceedings into new books, and any transcript thereof on being approved by them shall be held and taken as the original. SEC. 4. And be it further enacted by the authority aforesaid, That the said board may appoint from their own body a president, and may appoint a town marshal and such other officers as they may deem necessary, and in their absence may appoint such officers pro tempore, and may allow, except to such as may be members of the board, a compensation for their services, and may authorise the marshal to appoint a deputy, who shall take the same oath and have the same power as the marshal himself. They shall have power to remove such officers and appoint others in their stead, and to prescribe and settle all the forms and details necessary and proper to give effect to their ordinances. While sitting as a board the said commissioners shall have the same power as justices of the peace now have of punishing contempts and coercing their officers, and said officers shall remain subject to this authority twelve months after they shall be out of office, as to any monies or papers in their hands: said board of commissioners shall have at any time, within the corporate limits of the said town, authority to preserve the peace, and shall be authorised to administer oaths in relation to such duties, and in any matter within the cognizance of the board.And it shall be the duty of each of said commissioners who shall know of any breach of the bye-laws of said town, for which the offender ought according to said bye-laws to be arrested, to cause by warrant from under his hand and seal, or otherwise, such offender or offenders to be brought before the said board of commissioners, and the said commissioners are hereby empowered and authorised to impose and collect fines. The marshal of said town and his deputy shall also have power and authority to preserve the peace within the corporate limits of said town,

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and for all offences against the bye-laws of said town [committed] in the presence of the said marshal or deputy, it shall be his duty immediately to apprehend the offender or offenders and bring him or them before the commissioners or a majority of them. In suits against the commissioners or their officers, or any of them, they shall be entitled to the benefit of any statutes or laws in force for the time being in respect to suits against justices of the peace and constables respectively. SEC. 5. And be it further enacted, by the authority aforesaid, That the corporate limits as mentioned in this act, shall embrace all the lands within the town plat; and the said commissioners are hereby authorised and required to have a plat of said town recorded in the office of the clerk of the Superior court of said county within one year from the passing of this act, a copy of which certified by the said clerk, shall in all cases be taken and received in evidence in the courts of this state, in the same manner as the original plat would be. SEC. 6. And be it further enacted by the authority aforesaid, That the said board shall have the superintendence of the streets, and may prohibit or remove all obstructions of, or incroachments thereon, and all nuisances within the said corporate limits, levy and collect, in a summary manner, an annual poll tax, not exceeding one dollar on each free male person of the age of twenty-one years, and not exceeding twenty-five cents on each [slave] usually resident therein, and a tax not to exceed twenty-five cents on every hundred dollars value of all real estate, stock in trade and other personal estate, and any other property or thing therein, that may at the time being, be taxable by the laws of this state, and also a tax not exceeding five dollars for each day on all [Illegible Text] exhibitions and performances therein for money. SEC. 7. And be it further enacted by the authority aforesaid, That the said board may, within the coporate limits of said town, make all needful regulations for the restraint and punishment of slaves and free persons of color, and for the exclusive government of patrols therein; may issue licenses, at a rate not exceeding five dollars for one [Illegible Text] [Illegible Text] [Illegible Text] of spirituous or fermented liquors, and

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may levy and collect as aforesaid, a tax not exceeding five dollars for each day, on pedlars and itinerant traders therein; and may regulate and enforce work by such persons as by law may be liable thereto, not exceeding five days at any one time, nor exceeding fifteen days in any one year, on the streets, squares, and public roads; and in other respects may have the same authority and jurisdiction over the roads therein, as now belong to the Inferior court of the county of GwinnettBut the said board may, if they should deem it expedient, hire the necessary labor on any part thereof, and levy a tax within the said corporate limits, to defray the expense thereby incurred: Provided, That in case a part is done by contract, the hands that would otherwise have worked thereon, shall not be thereby exempted from [working on] the parts not contracted for; and the citizens of said town are hereby exempted from any other road duties in said county, any law to the contrary notwithstanding. And the said board may pass all such ordinances, and do all such other acts, not repugnant to the constitution or laws of this state, or of the United States, as may be necessary to the accomplishment of the purposes herein mentioned, and of all other matters of police, within the corporate limits, as they shall deem conducive to the health, safety, peace and well being of the inhabitants thereof: Provided, That nothing herein mentioned shall affect the duties and powers of the commissioners of the academy of Gwinnett county. SEC. 8. And be it further enacted by the authority aforesaid, That the said board may punish all offences by white persons and by free persons of color, against their ordinances, by fine not exceeding ten dollars, except on itinerant gamblers, and on them not exceeding one hundred dollars: no corporeal punishment shall be inflicted on any white person, nor shall punishment be inflicted on persons of color exceeding ten stripes. To enforce the payment of fines, taxes, and all other monies accruing otherwise than by contract, the board may issue their execution against either the person or property of the delinquent, which shall have the force and effect of a justices judgment and execution. If property levied on by the Marshal shall be claimed by any other person than the delinquent, and such claimant or his agent, shall make affidavit in writing, before

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any one of the commissioners, that the property belongs to him, the levy shall stand dismissed; and any person swearing falsely therein, shall be punishable as in other cases of perjury. The marshal or other ministerial officer or officers of said board, and their deputies, shall, in the execution of their office, have the power and be entitled to double the fees of a constable. SEC. 9. And be it further enacted, by the authority aforesaid, That the corporate funds, after defraying the charges incident to the levying and collecting thereof, shall be, by the said board, applied to the necessary expenses and improvement of the said town, in such manner as the said board may deem most advantageous; and the said board shall publish annually, at the end of each year, an account of such corporate funds, exhibiting the amount received in that year, and the several objects and amount of expenditure, including the balance either way from the year preceing. And if any preceding commissioner shall retain in his hands any such monies, or any papers, which he may have received while in office, he may, on refusal, be compelled to pay over or deliver the same, or account therefor, as provided in the fourth section of this act, in cases where officers of the board are in like default. SEC. 10. And be it further enacted, by the authority aforesaid, That all laws militating against this act be and the same hereby are repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823.

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AN ACT To make permanent the site of the public buildings in the county of De Kalb, at the town of December, and to incorporate 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 after the passing of this act, the site of the public buildings for the county of De Kalb, be and the same is hereby declared to be permanently fixed on lot number two hundred and forty six in the fifteenth district, formerly Henry, now De Kalb, which said public site shall be called and known by the name of Decatur. SEC. 2. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, that Reuben Cone, William Morris, William Gresham, James White, and Thomas A. Dobbs, be and they are hereby appointed commissioners of the town of Decatur, in the county of De Kalb, and they, or a majority of them, shall have full power to convene at any time after the passage of this act, and proceed to the appointment of a clerk, and such other officers as they may deem necessary to carry this act into execution. SEC. 3. And be it further enacted by the authority aforesaid, That the said commissioners shall hold their respective appointments hereby given them, until the first Monday in January, one thousand eight hundred and twenty-five, at which time, and on every subsequent year thereafter, the citizens of the said town of Decatur, entitled to vote for members of the General Assembly, shall choose by ballot, on the first Monday in January, in every succeeding year, five persons to succeed them in office, as commissioners of said town, and they are hereby invested with full power and authority to make such bye laws and regulations, and to inflict such pains, penalties, and forfeitures, and do all other incorporate acts, as in their judgment shall be most conducive to the good order and government of the said town of Decatur: Provided, That such bye laws and

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regulations be not repugnant to the laws and constitution of this state: And also provided, That no poll tax shall exceed one dollar. SEC. 4. And be it further enacted, by the authority aforesaid, That any two or more justices of the peace, or justices of the Inferior court for the county of De Kalb, not being themselves candidates, are hereby authorised and required to preside at such elections for commissioners as aforesaid: And provided, That nothing herein contained shall be construed so as to prevent the re-election of any commissioner pursuant to this act. SEC. 5. And be it further enacted by the authority aforesaid, That should there be no election held on the day pointed out by this act, for that cause this act shall not be void, but an election may be held on any other day within three months, a justice of the peace, or justice of the Inferior court, first advertising in said town ten days before said election. SEC. 6. And be it further enacted by the authority aforesaid, That said commissioners shall have full power to extend the corporation laws over all the lots and land adjoining said town, agreeable to the plan of said town, which may be laid off for county purposes. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823. To make permanent the site of the public buildings at the village of Knoxville, in the county of Crawford. AN ACT Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly [Illegible Text]

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and it is hereby enacted by the authority of the same, That the court house and jail of said county of Crawford, be and the same are hereby declared and required to be permanently located upon lot one hundred and thirteen, in the second district formerly Houston, now Crawford, at a place now known and called by the name of Knoxville. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823. AN ACT To amend an act, passed on the twenty-first day of December, eighteen hundred and twenty-one, to amend an act to incorporate the town of Clinton, in the county of Jones, and for the appointment of commissioners for the better regulation and government of said town, passed on the fourth day of December, eighteen hundred and sixteen. 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 lands, house or houses, which have been embraced within the limits of the said incorporation, by the passage of the before recited act for extending the limits of the said incorporation, shall be liable to be taxed in any way or for any purposes, other than they were liable before the passage of the said recited act. SEC. 2. And be it further enacted by the authority aforesaid, That no person or persons shall be liable to pay the incorporation tax of any house and lot, or houses and lots, within the town of Clinton, other than such person or persons

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in whom the right of said lot or lots, is or are legally vested, any law, usage or custom to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 2, 1823. To make permanent the site of the public buildings in the county of Houston, and to name the same. AN ACT 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 site agreed on by the justices of the Inferior court of Houston county for the public buildings, on lot number forty-nine in the tenth district of said county be made permanent and to bear the name of Perry. SEC. 2. And be it further enacted, That from and immediately after the passage of this act the public business of said county shall be conducted at the public site, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 21, 1823.

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AN ACT To incorporate the Mechanic's Society of the City of Augusta, and to repeal the act for this purpose, passed twenty-fifth December, seventeen hundred and ninety-four. 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, Green B. Marshall, Cosby Dickinson, Thomas Stewart, Gabriel Clark, Ebenezar Wright, Henry Dalby, John [Illegible Text] William Housley, Christopher Fletcher, Elias B. Crane, James Laughrea, Nathan Leeds, John Elsworth, John Liverman, William Jackson, Philip Crump, Bird B. Mitchell, John Caldwell, George Hill, Moses Roff, George Jackson, David Clarke, Jacob Dill. John Millhouse, and Edward Henderson, together with all such as now are or may hereafter become members of the association lately revived and established in the city of Augusta, and called and known by the name of The [Illegible Text] Society of Augusta, be and they are hereby declared to be body corporate and politic, under the name and style of The Mechanics' Society of Augusta, and shall be capable in law to receive, hold, and enjoy real and personal estate, for the use and benefit of said Society, and shall have [Illegible Text] succession of officers and members, and may have and use a common seal, and under the name and style aforesaid, may sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity, which may have jurisdiction thereof. SEC. 2. And be it further enacted by the authority aforesaid, That the said Society shall be capable in law of rereceiving any bequest or donation, whether in money or other thing, for the benefit of said Society, by whatever name or style the same may be made; and under their name and style aforesaid, may sell, lease, or exchange any estate by them acquired, whether by bequest, donation, or purchase: Provided, Such alienation be made for the benefit of said institution, and according to its bye-laws, rules and regulations.

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SEC. 3. And be it further enacted by the authority aforesaid, That the Mechanics' [Illegible Text] of Augusta aforesaid, are hereby vested with full power and authority to make and establish such by laws, rules and regulations, for their own government, and to appoint such officers to carry the same into effect, as they may deem expedient and requisite: Provided, Such bye-laws, rules and regulations, be not repugnant to the laws of this state, to the constitution thereof, or to the constitution of the United States: And provided also, That such bye-laws, rules or regulations, shall be subject at all times to be altered or repealed by the Legislature. SEC. 4. And be it further enacted by the authority aforesaid, That the said Society may appoint or elect such and so many officers for the due organization thereof, as they may deem expedient, under such restrictions and tenures, as they have or may hereafter ordain and establish; and shall moreover be vested with all the powers incident to a corporation or body politic, under the restrictions and limitations aforesaid. SEC. 5. And be it further enacted by the authority aforesaid, That the act passed the twenty fifth day of December, seventeen hundred and ninety four, entitled an act for incorporating the Mechanical Society of the town of Augusta, he and the same is hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823.

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AN ACT To amend an act entitled an act to make permanent the site for the public buildings at the village of Gainsville in the county of Hall and to incorporate the same, passed the thirteenth of November, eighteen hundred and twentyone, and further to define the duties and powers of the commissioners of said village. 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 now acting under the provisions of the before recited act, or any two of them shall have power and authority to fill all vacancies that now are, or may hereafter happen by death, resignation or otherwise, and the person or persons so appointed shall be considered as a part of the board of commissioners of the village of Gainsville, until the next election in course for commissioners, as pointed out by the before recited act. SEC. 2. And be it further enacted, That the said commissioners and those that may hereafter be appointed or elected, or a majority of them, shall have power to appoint all such officers as they may deem necessary to carry into effect all their proceedings which they may adopt under the authority of this act, the officers so appointed shall be accountable to the said board of commissioners for all their actions and doings when called on by said commissioners, or a majority of them, so far as relates to the said corporation of Gainsville. SEC. 3. And be it further enacted, That the said board of commissioners shall be ex officio, justices of the peace, so far as respects the carrying into effect the act of incorporation, rules, issue executions for fines and penalties, and for taxes, and shall 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 marshal thereof in the same manner as executions issuing from a justices court: Provided, That no fines for violations of said incorporation

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shall exceed the sum of five dollars in any one case, and no tax shall be levied which shall exceed one dollar to each poll for any one year. SEC. 4. And be it further enacted, That the said commissioners shall have full power and authority to extend the incorporate laws over all lots now sold, or that may hereafter be sold by [Illegible Text] Reid adjoining to the village of Gainsville, any law to the contrary notwithstanding. SEC. 5. And be it further enacted, That nothing in this act shall be so construed as to be repugnant to the constitution or laws of this state or of the United States. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823. AN ACT To make permanent the site of the public buildings at the village of Clarksville in the county of Habersham, and to incorporate said village. 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 court-house and jail of said county of Habersham, be and the same are hereby declared and required to be permanently located upon parts of lots number two and nineteen, in the tenth and twelfth districts in said county, at a place now known and called by the name of Clarksville. SEC. 2. And be it further enacted by the authority aforesaid, That William Hamilton, Jehu Starrett, John Bryant, Miles Davis and H. A. Hill, be and they are hereby appointed commissioners of the said village of Clarksville,

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and they or a majority of them, and their successors in office, shall have power and authority to pass all bye-laws and ordinances, which they or a majority of them, may deem necessary and expedient for the well government and good order of said village, and for keeping the streets and public springs of the same in good repair: Provided, Such by laws and ordinances be not repugnant to the constitution and laws of this state. SEC. 3. And be it further enacted by the authority aforesaid, That the corporate authority and jurisdiction of said commissioners shall extend to and be exercised over all lots which now are or which may hereafter be laid out within said village. SEC. 4. And be it further enacted, That the inhabitants of said village, entitled to vote for members of the Legislature, be and they are hereby authorised on the first Saturday of January, in the year eighteen hundred and twenty-four, and on the first Saturday in January, in each and every year thereafter, to elect five commissioners, with the like powers of those herein before named, ten days notice of said election being first given by the commissioners for the time being, by publication at the court-house door, at which said election one or more magistrates shall preside. SEC. 5. And be it further enacted, That if said election should not take place on the day pointed out by this act, that it shall be lawful for the same to take place on any other day, the same being advertised by one of the commissioners, or a justice of the peace of said county, in terms of this act. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor Assented to, Nov. 26, 1823.

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To sell and dispose of forty Lots in the town of Macon. AN ACT 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 commissioners of appointed to lay out the town of Macon are hereby authorised and required, within three months from the passage of this act, to sell not exceeding forty half acre lots adjoining those already sold in said town of Macon: Provided, No lots on the river shall be sold. SEC. 2. And be it further enacted by the authority aforesaid, That the said sales shall be advertised and conducted, and the monies and bonds thereon accruing shall be accounted for, as directed in the act for laying out the town of Macon, passed the twenty-third day of December, eighteen hundred and twenty-two. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 22, 1823. AN ACT To make permanent the site of the public buildings in the county of Fayette at Fayetteville, and to incorporate the same. Be it enacted by the Senate and House of [Illegible Text] [Illegible Text] [Illegible Text] State of Georgia, in General Assembly met, and [Illegible Text] hereby enacted by the authority of the same, That from and after the [Illegible Text] of this [Illegible Text], the site of the public buildings in the county of Fayette be permanently at Fayetteville.

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SEC. 2. And be it further enacted, That Jordan Gay, [Illegible Text] L. Smith, William Harkins, John Hamilton and Tandy D. King be and they are hereby appointed commissioners for the said town of Fayetteville until the election of commissioners agreeable to this act. SEC. 3. And be it further enacted, That on the first Saturday in January next, and on the first Saturday in January in every year thereafter, all the free white male citizens of the said town who shall have given in their taxable property and who shall be entitled to vote for members to the General Assembly, shall assemble at the court-house in said town, and by ballot elect five commissioners who shall continue in office one year and until their successors are elected, at which election any two magistrates of said county shall preside, and in case of the death, removal or resignation of any of said commissioners the remaining commissioners shall have power to fill the vacancy to continue until the next election; the commissioners and all others appointed by virtue of this act, shall be re-eligible. SEC. 4. And be it further enacted, That the commissioners of said town and their successors shall have full power and authority to pass such bye-laws and regulations as they may deem necessary for enforcing and collecting all poll and other taxes upon the taxable property in said town: Provided, any poll tax shall not exceed one dollar on each person. SEC. 5. And be it further enacted, That the said commissioners shall have power and authority to appoint such officers as they may deem necessary, for the purpose of enforcing and collecting such taxes, and the purpose of discharging such other duties as may be requisite. SEC. 6. And be it further enacted, That the commissioners shall have power and authority to make any bye-laws and regulations they may deem necessary, requiring the citizens of said town to return on oath to the officer to be appointed as aforesaid, the amount of taxable property and stock in trade by him or them possessed in said town, and in case of refusal, to cause the tax to be assessed and collected in such manner as they may prescribe.

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SEC. 7. And be it further enacted, That the said commissioners shall have full power and authority to impose a tax on all shows, exhibitions and showmen, performing in said town for the purpose of gain, and also upon all gaming tables, and games of hazard as may be established, opened or played in said town for the purpose of gain, and to collect and receive the same [in such] manner as they may prescribe by the bye-laws of said town: Provided, The bye-laws of said town do not exceed the tax imposed upon shows and showmen shall not exceed five dollars for each day's exhibition or performance; that the tax to be imposed on gaming tables, and games of hazard shall not exceed ten dollars for each day that the same shall be established, opened or played in said town: Provided, That nothing herein contained shall be [Illegible Text] to authorise the keeping of any such table or tables, or practising any such game not authorised by the laws of this state within the corporation limits of said town. SEC. 8. And be it further enacted by the authority aforesaid, That in case any person or persons who are liable for the same, shall refuse to pay any tax to be imposed by any bye-laws or regulation of said town in pursuance of the authority of this act, then and in that case the commissioners of said town, or a majority of them, shall and they are hereby authorised to issue their warrant directed to any officer, to be by them appointed, requiring him to levy and sell of the goods and chattels of the person or persons so refusing, to make the amount of tax so imposed, and said officer shall receive such fees as are allowed by law to justices of the peace and constables in similar cases: Provided, That all sales to be made by virtue of such warrant, shall be advertised at least ten days at the court-house door in said town. SEC. 9. And be it further enacted by the authority aforesaid, That the commissioners of said town have power and authority to pass and ordain any bye-laws and regulations necessasy, to cause to be established and enforced a strict patrol either by day or by night within the limits of said town, and in case of neglect or refusal in any citizen of said town to comply with the bye-laws and regulations to be by the said commissioners ordained and established

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upon this subject, that the said commissioners, or a majority of them may proceed to fine such citizens and collect such fine as is herein before prescribed for the collection of taxes: Provided, That the fines to be imposed in virtue of the power derived under this act, shall not exceed five dollars for each case of neglect or refusal. SEC. 10. And be it further enacted, by the authority aforesaid, That the commissionerers of said town shall have power and authority to pass and ordain any bye-laws and regulations necessary to cause to be established and enforced a strict patrol either by day or by night, within the limits of said town, and in case of neglect or refusal in any citizen of said town to comply with the bye-laws and regulations to be by the said commissioners ordained and established, upon this subject, that the said commissioners, or a majority of them may proceed to fine such citizen, and collect such fine as is herein before prescribed for collection of taxes: Provided, That the fines to be imposed in virtue of the power derived under this act, shall not exceed five dollars for each case of neglect or refusal. SEC. 11. And be it further enacted by the authority aforesaid, That said commissioners shall have power and authority to pass all bye-laws and regulations necessary to compel the citizens of said town and other persons resident therein, and liable by the laws of the state to work on the public roads, and to labor on the public spring, streets, and square of said town, and in such manner and at such times as may be prescribed for the improvement repair and preservation thereof, and in case of refusal or neglect in any citizen or other person so liable as aforesaid, the said commissioners, or a majority of them may proceed to impose a fine upon such citizens or other persons, (or in [case] of slaves upon the owner or employer of such slave or slaves,) and to collect such fine in the manner prescribed in this act: Provided, Any such fine to be imposed in virtue of this section shall not exceed two dollars for each case of neglect or refusal. SEC. 12. And be it further enacted, by the authority aforesaid, That the said commissioners do, and they are hereby authorised to appropriate all taxes and fines imposed, assessed and collected, in virtue of any bye-laws or

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regulations adopted in pursuance of the authority given in this act, to the [Illegible Text] and improvement of the public spring, square and streets of said town, and to the preservation of the houses of [Illegible Text] town from fire, in such manner as they or a majority of them, shall deem most conducive to the interest and safety of the citizens. SEC. 13. And be it further enacted, by the authority aforesaid, That the commissioners of said town, or a [Illegible Text] of them, shall have power to appoint a town Marshal, for the purpose of carrying into execution any bye-laws and regulations ordained and established by them. SEC. 14. And be it further enacted, by the authority aforesaid, That the said commissioners shall have power to remove, or cause to be removed, any building, post or step, or other obstructions and nuisances in the public streets or squares of said town. SEC. 15. And be it further enacted, by the authority aforesaid, That it shall be [Illegible Text] for the said commissioners to impose a tax upon all persons retailing liquors in the public square or streets of said town: Provided, Such tax shall not exceed five dollars for each year such person shall retail liquors as aforesaid, in less quantities than five gallons. SEC. 16. And be it further enacted, by the authority aforesaid, That the commissioners of said town shall have full power and authority to pass such bye-laws and regulations as they may deem necessary for the preservation of the health of the citizens of said town, the security of the public buildings from [Illegible Text] and other accidents, and for crecting and repairing fences and pailings in the said town. SEC. 17. And be it further enacted, by the authority aforesaid, That the said town shall comprehend within its limits, all [Illegible Text] [Illegible Text] upon or residing within the boundaries of the lot of land upon which the public buildings of the county are situated: that no person shall be elected a commissioner or an officer of said town who shall not reside within those limits. SEC. 18. And be it further enacted, by the authority aforesaid, That no bye-law or regulation, to be made by

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said commissioners or their successors, shall be contrary to the [Illegible Text] and laws of this state, nor shall any penalty to be imposed by the bye-laws and [Illegible Text] of said town extend to life, limb, or corporeal punishment of any white person, and that in all cases a majority of said com-commissioners and their successors, shall be competent to the transaction of business. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To alter and amend an act entitled an act to incorporate the town of Marion in the county of Twiggs, and to vest certain powers in the commissioners thereof. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the pasage of this act, no person shall be eligible to be a commissioner who is not a freeholder. SEC. 2. And be it further enacted. That the commissioners shall not be authorised to lay a poll tax of more than one dollar on each person, and shall not be authorised to tax any species of property, except real estate, [Illegible Text] and [Illegible Text], not to exceed twelve and a [Illegible Text] [Illegible Text] upon every [Illegible Text] dollars [Illegible Text]. SEC. 3. And be it further enacted, That the Marshal shall not receive, for his services, [Illegible Text] than fifty per cent. on any amount that may be collected.

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SEC. 4. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To incorporate the Village of [Illegible Text] in the county of Scriven, and to appoint commissioners 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 George Sharp, Seaborn Goodall, James Bryan, Jr. Mulford Marsh, and Solomon Kemp, Sen. be and they, or a majority of them, be and they are hereby appointed commissioners for the said village of Jacksonborough; and they, or a majority of them and their successors in office, shall have full power and authority to pass all bye laws which may be necessary for the government of the same, and inflict or impose such fines, penalties and forfeitures, and do such other incorporate acts, as in their judgment shall be conducive to the [Illegible Text] order and government of the said village, and for the prevention of vice and other immorality: Provided, Such bye-laws and regulations be not [Illegible Text] to the constitution and laws of this state: Provided also, That the punishment of slaves shall not extend to the taking of life, limb or member. SEC. 2. And be it further enacted, That the said corporation shall extend one half mile from the centre of said

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corporation, which centre shall be fixed at the court-house in said village. SEC. 3. And be it further enacted, That any two or more justices of the [Illegible Text] court for the said county of Scriven, are hereby authorised and required to furnish [preside] at such election for commissioners as aforesaidAnd that nothing herein contained shall be so construed as to prevent the re-election of said commissioners, pursuant to this act; and in case of death or resignation of any of said commissioners, the other commissioners shall advertise such vacancy ten days, and then proceed to elect others to fill such vacancies, in terms of this act. SEC. 4. And be it further enacted, That the first election for commissioners shall be on the first Monday in January, eighteen hundred and twenty-four, and the first Monday in January, in every subsequent year thereafter; and said commissioners shall be elected by persons who reside within the limits of said corporation, who are entitled to vote for members of the Legislature. SEC. 5. And be it further enacted, That in case there should be no election on the day pointed out by this act, for that cause this act of incorporation shall not be [Illegible Text], but an election may be held on any other day within three months, any justice of the peace first giving ten days notice by advertisement in two of the most public places in said village before such election. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823.

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To make permanent the site of the public buildings in the county of Pike, name and incorporate the same. AN ACT Whereas the commissioners appointed for the county of Pike, pursuant to an act of the General Assembly, passed the twenty-third of December, eighteen hundred and twenty two, did fix on the site of the public buildings in said county, and did purchase for county purposes lot number two hundred and two, in the eighth district, originally Monroe, now Pike 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 proceedings of the commissioners, so far as respects the purchase of said lot for the public site, is hereby confirmed and made valid in law. SEC. 2. And be it further enacted by the authority aforesaid, That the site of the public buildings of the county of Pike is hereby made permanent, and shall be called by the name of Newnan. SEC. 3. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, the following persons, viz: Samuel Mitchell, William Mitchell, William Myrick, Nicholas Johnston, and Hugh F. Rose, be and they are appointed commissioners of the town of Newnan, in the county of Pike, and they or a majority of them, shall have full power to convene after the passage of [Illegible Text] [Illegible Text], and proceed to the appointment of a clerk, and such other officers as they may deem necessary to carry this act into execution. SEC. 4. And be it further enacted by the authority aforesaid, That the commissioners of the said town of Newnan, shall take the following oath before a justice of the peace of justice of the Inferior court, previous to their entering on the duties assigned them, viz: I, A. B. do solemnly swear or affirm, (as the case may be) that I will to the utmost of my power support, advance and defend the good order,

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peace and welfare of the town of Newnan as commissioner of the town, so help me God. SEC. 5. And be it further enacted, by the authority aforesaid, That the commissioners aforesaid, and their successors in office, shall have full power and authority to pass all such bye-laws and regulations for the improvement and repair of the streets and roads within the limits of said corporation, for the preservation of good order, and all other corporate acts, which may be necessary for the comfort and convenience of said town: Provided, The same shall not be repugnant to the constitution and laws of this state. SEC. 6. And be it further enacted by the authority aforesaid, That the said commissioners shall continue in office until the first Monday in January, eighteen hundred and twenty-five, and on the first Monday in every year thereafter, all free male white persons residing in said town, who are entitled to vote for members of the General Assembly, shall convene at the court house, and by ballot elect commissioners, who shall continue in office one year; at which election one justice of the peace or justice of the Inferior court, and two freeholders shall preside, not being themselves candidates: Provided, That if said election should from accident or any other cause, not be held on the day pointed out by this act, the said commissioners whose time may have expired may, by giving ten days notice by public advertisement, at three or more public places in said town, have an election holden for commissioners, in the manner herein before pointed out. SEC. 7. And be it further enacted by the authority aforesaid, That the said incorporation shall extend to and include all the tract of land originally purchased by the commissioners of Pike county, for the site of the public buildings. SEC. 8. And be it further enacted, by the authority aforesaid, That the commissioners aforesaid shall have full power to cause all vacancies occasioned by death, resignation or otherwise, of commissioners, filled by election, first

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giving ten days notice of said vacancy and election, to be superintended in manner and form before pointed out by this act. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, G. M. TROUP, Governor. Assented to, Dec. 26, 1823. AN ACT To make permanent the site for the public buildings in the county of Henry and to incorporate the village thereof, under the name of Mc Donough. Whereas, in pursuance of the second section of an act entitled an act to organize the counties of De Kalb, Pike, Crawford and Bibb, and to define the places of holding courts in the counties of Monroe, Houston, Henry, and Fayette, and to authorise the commissioners appointed to lay off the town of Macon, and to lay off four acres in said town for the erection of public buildings in the county of Bibb, and to add the county of Newton to the Flint circuit, passed the twenty-third of December, one thousand eight hundred and twenty-one, the justices of the Inferior court for the county of Henry as commissioners have fixed on a public [Illegible Text] for said county, and have also proceeded to purchase to the amount of one square lot of land, i. e. the one half of lot [Illegible Text] one hundred and thirty-four in the seventh district of said Henry county and one half of lot number one hundred and twenty-three in the same district and county, and have also laid out a county town thereon. 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 said site as fixed on by the justices as aforesaid be and the same

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is hereby declared to be the permanent site for the public buildings, and of the administration of justice in said county. SEC. 2. And be it further enacted by the authority aforesaid, That the said county town or village shall in future be known and called by the name of McDonough, and that William L. Crayton, James Kimbrough, Tandy W. Key, Andrew M. Brown and William Hardin. Esqrs, and their successors in office, be and they are hereby appointed commissioners of said town, which said commissioners shall have full power and authority to pass all [Illegible Text] laws and regulations which may be deemed necessary for the improvement and repairing the streets, spring, 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 corporeal punishment, except to people of colour, nor shall any tax upon the people of said town be imposed which shall exceed one dollar to each poll for the same year. SEC. 3. And be it further enacted, That the said commissioners and their successors in office, shall have corporate jurisdiction over all the public lots that now are or may hereafter be laid out in said town, and that the said commissioners shall continue in office until the second Tuesday in January in the year eighteen hundred and twenty five, on which day, and on the second Tuesday in January in each and every year thereafter, all free male white citizens of the said town, who are entitled to vote for members of the General Assembly shall assemble at the court-house of said county, and by ballot elect five commissioners who shall continue in office one year, at which election any two justices of the Inferior court or justices of the peace may preside: Provided, Nothing herein contained shall [Illegible Text] so construed as to make any of the commissioners aforesaid ineligible to a re-election. SEC. 4. And be it further enacted, That when any vacancy in the commissioners of said corporation shall happen by resignation or otherwise, the commissioners in office shall appoint some other person within the limits of said

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corporation to fill such vacancy, and the person appointed shall continue in office the same length of time his predecessor woul have done had no such vacancy taken place. SEC. 5. And be it further enacted, That the said commissioners and those hereafter appointed, or a majority of them have power to appoint a clerk, marshal, and such other officers as they may deem necessary to carry into effect all proceedings which they 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 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 justices courts. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 17, 1823 AN ACT alter and change the site of the public buildings of the county of Dooly, and to appoint commissioners of the public buildings of 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 Blasingain Pollet, William Hillard, Thomas E. Ward, Thos. Cobb, and Littleberry Richardson, or a majority of them, be and they are hereby appointed commissioners to fix on the site of public buildings for the county of Dooly,

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which place shall be as near the centre of said county as convenience will permit: and that the said commissioners or a majority of them, shall have full power and authority to purchase not exceeding two hundred two and one half acres of land, for the purpose of fixing thereon the court-house and jail, and other public buildings of the said county; and to lay off not less than ten nor more than twenty acres of land, in lots of such size and manner, as they or a majority of them shall deem most advantageous, and to sell and dispose of the same to the highest bidder, giving at least thirty days [notice of] such sale, at two of the most public places in said county; and the proceeds of such sale shall be applied by said commissioners towards the payment of the said two hundred two and one half acres of land; and the remainder of such sale, if any, is to be applied towards the building of the court-house and jail of said county, and shall be paid by the said commissioners into the hands of the justices of the Inferior court of said county, who are, or a majority of them, are appointed commissioners for the purpose of letting out to the lowest bidder, the building of the court-house and jail of said county, by public out-cry, after giving thirty days public notice by advertisement in two or more of the most public places in said county, which letting out shall be to the lowest bidder. SEC. 2. And be it further enacted, That the courts and elections shall be held at the house of John Goldsmith, in said county, until suitable buildings shall be raised and completed at the place contemplated. SEC. 3. And be it further enacted, That all laws and parts of laws, militating against this law, [Illegible Text] and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823.

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AN ACT [Illegible Text] vest in the Mayor and Aldermen of the city of Savannah, the right to appoint the Health Officer for the port of Savannah, and to regulate the compensation to be allowed the said Health Officer, and the Harbor Master of said port for their services, and to repeal the several laws imposing a duty on tonnage in the river and harbor of Savannah, and to appropriate the funds unexpended in the hands of the commissioners heretofore authorised to receive 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 the Mayor and Aldermen of the city of Savannah shall, on their first regular meeting in December next, (eighteen hundred and twenty-three,) and annually on their first regular meeting in December thereafter, proceed by ballot to elect a Health Officer for the port of Savannah, who shall be under the direction and control of the said Mayor and Aldermen, and subject to such ordinances, rules and regulations, as the said Mayor and Aldermen may make and prescribe, for the better regulation of the duties of said Health Officer. SEC. 2. And be it further enacted by the authority aforesaid, That the said Mayor and Aldermen be, and they are hereby empowered to regulate the compensation to be allowed for the services of the said Health Officer, and the Harbor Masterof the port of Savannah. SEC. 3. And be it further enacted by the authority aforesaid, That all laws and parts of laws heretofore passed for the purpose of levying or authorising so to be levied, a duty on [Illegible Text] in the river or harbor of Savannah, either for the purpose of compensating the Harbor Master or Health Officer, or for the use of the anchors, buoys, and chains, put down in the said river, or for any other purpose, shall be and the same are hereby repealed, so far as they authorise the levying of such [Illegible Text] duty, and no officer appointed by or acting under the authority of this

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state, or the said city of Savannah, shall be authorised to ask, demand, or receive any tax or duty on tonnage in the said river or Harbor of Savannah: Provided always, That nothing in this act contained shall operate to prevent the collection of any sum heretofore due for any of the causes aforesaid, but that the commissioners of pilotage shall be, and they are hereby authorised to enforce the collection of the same; and they are hereby authorised and required to apply any unexpended balance in their hands, or which may come into their hands, to the purpose of removing or lessening the obstructions in Savannah river between the said city of Savannah and Five Fathom Hole. SEC. 4. And be it further enacted, That all laws and parts of laws militating against this law be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. To alter and amend an act incorporating the Town of St. Mary's. AN ACT 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 jurisdiction of the Intendant and Council Court of the said town, shall be increased to one hundred dollars. SEC. 2. And be it further enacted, That all suits or causes cognisable by, and which may be commenced in the said court, when the same is under thirty dollars, shall be by summons or warrant in the same manner as in justices courts, and the defendant shall be charged with the same costs as in the said courts, and in all cases where the

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judgment or verdict of the jury shall be for a sum under thirty dollars, the remainder of the court charges may be retained [Illegible Text] of the sum so recovered, and if the judgment or verdict be not of sufficient amount, the plaintiff shall be bound to pay the same; and that in all sums over thirty dollars, the process shall be conformable to the judicial statute of this state, excepting that the process to all such suits in said court shall be served by the sheriff or marshal of the same, ten days before the return thereof. SEC. 3. And be it further enacted, That either party in any cause, shall be entitled to a trial by jury upon entering a demand therefor, in writing, on the docket of the said court, before the opening of the court, on the first day of the term to which the said cause is returnable, and upon giving security for the payment of the eventual condemnation money and costs, as upon the entry of appeals under the judicial statutes of this state. SEC. 4. And be it further enacted, That when any defendant shall have been served with process, he shall file his answer in writing, in the terms of the judicial statute, on or before the opening of the court at the term to which the same is returnable; if the defendant shall fail to file his answer in manner aforesaid, the said court shall note the defendant [default] on the docket, and shall in such case, and in all cases which are not docketed for trial by jury, in terms of the [Illegible Text] of the third section of this act, proceed to give judgment and award execution thereon, at the same term, upon due proof of the plaintiff's claim; but in all cases which are so docketed, an imparlance shall be allowed until the next succeeding term. SEC. 5. And be it further enacted, That the provisions of the act passed the sixteenth of December, eighteen hundred and eleven, to alter and amend the twenty-third section of the judiciary law of this state, passed the sixteenth of February, seventeen hundred and ninety-nine, shall likewise be of full force in said court, excepting that it shall not be necessary to give more than three days notice of an intention to take testimony by commission, which commission it shall be the duty of the clerk of said court [Illegible Text] issue upon application therefor.

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SEC. 6. And be it further enacted, That the thirty-second section of the judicial statute of this state shall be in full force in said court, excepting that all claims to property, made under the provisions of that section, shall be returned by the sheriff of the said court to the clerk of the Superior court of Camden county, in ten days after the institution of such claim, to be decided upon by a jury at the ensuing term of the Superior court of the said county. SEC. 7. And be it further enacted, That all persons residing within the town of St. Mary's, who are liable to serve as jurors in the Superior court, shall be liable to serve as jurors in this [Illegible Text]; and it is hereby declared to be the duty of the said court to conform to the laws in force in this state pointing out the mode of drawing and summoning jurors for the Superior court. SEC. 8. And be it further enacted, That the costs in all cases above thirty dollars, shall be one half of the costs allowed in the Superior court, excepting that in all cases under thirty dollars, no attorney's fee shall be charged in the bill of costs, and the proviso in the second section of this act shall be enforced. SEC. 9. And be it further enacted, That on all cases brought in the said court under thirty dollars, there shall be a tax of fifty cents on each, and on all not exceeding fifty dollars, a tax of one dollar each, and all over fifty dollars, two dollars each, to be paid upon the institution of the same, to the clerk of the said court, who shall make quarterly returns of the fees so received by him, and pay over the amount to the Treasurer of the said town of St. Mary's, under the penalty of five hundred dollars, to be enforced by attachment against the said clerk as for contempt. SEC. 10. And be it further enacted, That in any and all cases where the sheriff or marshal of said town is intrusted, process may be served, and execution levied by the coroner of said county, and himself and his securities shall be liable in the same manner as the sheriff or marshal would be had he served the process, levied execution, and received the amount thereof and costs.

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SEC. 11. And be it further enacted, That the clerk of said court shall copy into a book of record to be provided by the Intendant and Council of said town, all the proceedings in the cases in said court, which entry of record shall be made within twenty days after the determination of any cause and the clerk shall be allowed ten cents for every hundred words of recording such proceedings, to be taxed in the bill of cost and the said clerk shall keep regular minutes of the proceedings of said court which shall be signed by the Intendant or members of Council presiding. SEC. 12. And be it further enacted, That the marshal or sheriff of said town shall have the power of selling real estate in said town under executions issued by the Intendant and Council: Provided, All sales made by him of real estate or [Illegible Text], shall be on the first Tuesday in each month and advertised at least thirty days. SEC. 13. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To make permanent the site of the public buildings in Rabun county, and to name and incorporate the same. Whereas, a number of the citizens of Rabun county have petitioned for a removal of the site of the public buildings in said county, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,

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and it is hereby enacted by the authority of the same, That from and after the passing of this act, the site of the public buildings of said county of Rabun be and the same is hereby declared to be permanently fixed on lot number twenty-one, in the second district of said county, which said public site shall be called and known by the name of Clayton. SEC. 2. And be it further enacted, That Benjamin Odell, Edly Powell, John Dillard, Edward Coffee and Solomon Beck, and their successors in office be and they are hereby appointed commissioners for said town of Clayton when laid out, and said commissioners are hereby invested with full power and authority to purchase all or any part of said lot of land, and to lay off the same into town lots, (reserving a sufficient square for a court-house and jail:) Provided nevertheless, That the title in and to the said lot of land when purchased, shall be conveyed to and vested in the justices of the Inferior court of said county, and their successors in office. SEC. 3. And be it further enacted, That as soon as the said lot of land is purchased, and the town lots laid out as aforesaid, the Inferior court of said county shall be and they are hereby authorised to dispose of any number of said lots for the use of the county, and to contract with any person or person for building a court-house and jail for said county. SEC. 4. And be it further enacted, That the commissioners before named and their successors in office be and they are hereby vested with full power and authority to make all bye-laws and regulations which may be necessary for the government of said town of Clayton, and for the improvement of the streets, springs and internal police thereof: Provided, Such bye-laws and regulations shall not be repugnant to the constitution and laws of this state. SEC. 5. And be it further enacted, That that the commissioners above named shall continue in office until the first Monday in January eighteen hundred and twenty-five, at which time, and on the first Monday in January, annually thereafter, the inhabitants of said county who are entitled to vote for members of the General Assembly shall convene at the court-house in said county and elect by ballot,

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five commissioners for said town of Clayton, who shall continue in office for one year, which said election shall be superintended by two justices of the Inferior court, or justices of the peace of said county. SEC. 6. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate, G. M. TROUP, Governor. Assented to, Dec. 13, 1823. AN ACT To make permanent the site of the public buildings in the county of Monroe at Forsyth, and to incorporate the same. Whereas, the commissioners for the county of Monroe, appointed pursuant to an act of the legislature passed on the twenty-third day of December, eighteen hundred and twenty-two, did fix on the site for the public buildings in said county and did obtain lot number one hundred and seventy-one, in the sixth district of Monroe county for 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 the proceedings of the commissioners so far as respects the purchase, is hereby confirmed and made valid in law. SEC. 2. And be it further enacted, That the site of the public buildings in said county of Monroe shall be and is hereby made permanent at Forsyth.

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SEC. 3. And be it further enacted by the authority aforesaid, That from and after the passing of this act, that the following persons, viz James S. Phillips, Henry H. Lumpkin, John E. Bailey, Anderson Baldwin and Samuel Drewry be and they are hereby appointed commissioners of the town of Forsyth in the county of Monroe, and they or a majority of them shall have full power to convene at any time after the passage of this act and proceed to the appointment of a clerk, and such other officers as they may deem necessary to carry this act into execution. SEC. 4. And be it further enacted by the authority aforesaid, That the said commissioners shall hold their said appointments hereby given them until the first Monday [in January,] eighteen hundred and twenty-five, at which time, and in every subsequent year thereafter, the citizens in the town of Forsyth entitled to vote for members of the General Assembly shall choose by ballot five persons to succeed them as commissioners of said town; and they are hereby vested with full power and authority to make such bye-laws and regulations, and to inflict such pains, penalties and forfeitures, and do all other incorporate acts as in their judgment may seem most conducive to the good order and government of said town: Provided, That such bye-laws and regulations be not repugnant to the constitution and laws of this state: And provided also, That no poll tax shall exceed one dollar in any one year, and the punishment of slaves not extend to the affecting life, limb, or member. SEC. 5. And be it further enacted by the authority aforesaid, That any two justices of the peace or justice of the Inferior court, for the county of Monroe, not being themselves candidates, are hereby authorised and required to preside at such elections for commissioners as aforesaid: Provided, That nothing herein contained shall be construed so as to prevent the re election of any commissioner, pursuant to this act. SEC. 6. And be it further enacted, That should there be no election held on the day pointed out by this act, for that cause [this act] shall not be void, but an election may be [Illegible Text] on any other day within three months, a justice of

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the peace or justice of the Inferior court first advertising in said town ten days previous to said election. SEC. 7. And be it further enacted, That the said commissioners have the power to extend the incorporation laws over all the lots laid off in the plan of said town, for county purposes. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 10, 1823. AN ACT To appropriate a part of the proceeds of the sales of the public property in the town of Macon and county of Bibb, for the purpose of building a Court-house and Jail for said county. Whereas, it is but common justice to extend to the citizens of every section of the state, the same rights and the same privilegesAnd whereas, this state holds a portion of the most valuable lands in the county of Bibb, to the exclusion and manifest injury of its citizens, and have by law located the county site within her own territory, and thereby withheld a privilege extended to the citizens of other counties within the state, of laying off and disposing of town lots at the county sites, by which a fund has been derived sufficient in most instances to defray the expense of county buildings. 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 it shall be the duty of the public agent, for the Fort Hawkins reservation, to turn over to the Inferior court of

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the county of Bibb, the amount which may be received for rents for the year eighteen hundred and twenty-four, with a view to enable the Inferior court to proceed immediately to the [Illegible Text] of a court house and jail for said county. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate, G. M. TROUP, Governor. Assented to, Dec. 20, 1823. TAXES. To raise a tax for the support of Government for the political year eighteen hundred and twenty-four. AN ACT 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 twenty-first day of December eighteen hundred and twenty-two, entitled an act to raise a tax for the support of government for the political year eighteen hundred and twenty-three, together with all acts and parts of acts which said act revived and continued in force, be and the same is hereby revived and continued in force as the tax act for the political year eighteen hundred and twenty four. SEC. 2. And be it further enacted, That one half of the [Illegible Text] of each [Illegible Text] so directed to be [Illegible Text] shall be paid

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into the treasury of the state as heretofore, and the other half to the Inferior courts of the respective counties, for county purposes, to be appropriated by said courts to the building of court-houses and jails, to the building of bridges the improvement of the public roads and the education of youth as the said courts respectively may deem most expedient. SEC. 3. And be it further enacted, That all monies collected and paid into the clerk's office of the several courts of this state on account of taxes as heretofore collected from the insolvents list be authorised by law, shall be vested in and become a part of the county funds. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. To authorise the Inferior Court of the County of Baldwin to levy an extra tax, for county purposes. AN ACT Whereas, the Grand Jury of the county of Baldwin have recommended the levying of an extra tax, not exceeding one hundred per cent. on the general tax. 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 justices of the Inferior court of the county of Baldwin, be and they are hereby authorised to levy an extra tax on the inhabitants of said county, subject to taxation, which shall not exceed in the whole one hundred per

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cent. on the general tax, to be applied to county purposes at the discretion of said court. SEC. 2. And be it further enacted by the authority aforesaid, That said extra tax shall be collected by the tax collector of said county, for the time being, (he having given satisfactory obligation to the said court for the faithful performance of his duty,) whose duty it shall be to pay over the same, when collected, to the said court, to be appropriated by them for the purposes aforesaid, after deducting the usual per centum for collection. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 19, 1823. AN ACT To repeal a part of an act entitled an act to raise a tax for the support of government, for the year eighteen hundred and five, passed December twelfth, eighteen hundred and four. Whereas, a part of the second section of the act above referred to, is injurious to the commercial interest of 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 immediately after the passing of this act, so much of the said second section of the act above referred to, as imposes a tax [Illegible Text] and three quarter cents on every hundred dollars worth of all wares, liquors, and

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merchandize sold, bargained, or trafficked for by factors and brokers, be and the same is hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 20, 1823. AN ACT To authorise the justices of the Inferior court of Glynn 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 the justices of the Inferior court of said county be and they are hereby authorised to levyan extra tax, of not more than twenty-five per cent on the amount of the annual state tax, on all taxable property in said county for the purpose of building a jail in said county. SEC. 2. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Nov. 21, 1823.

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UNIVERSITY. To vacate the seats of members of the Board of Trustees of the University of Georgia in certain cases. AN ACT 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, if any member of the Board of Trustees of the University of Georgia being within the state, shall fail to attend at any two successive stated meetings of the Board, his seat as a member thereof shall become thereby vacant, unless he render an excuse, the sufficiency whereof shall be determined by the Board. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. G. M. TROUP, Governor. Assented to, Dec. 17, 1823.

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Resolutions WHICH ORIGINATED IN SENATE. IN SENATE, Nov. 5. 1823. Resolved, That the Senate and House of Representatives will convene in the Representative Chamber, on Thursday next, at the hour of two o'clock, P. M. and proceed to the election of a Governor, agreeable to the Constitution. JOHN CLARK, Governor. Approved, Nov. 6, 1823. IN SENATE, Nov. 6, 1823. Resolved, That John A. Heard and Thomas Jones, be and they are hereby appointed Commissioners of Elbert county Academy, in addition to those already appointed. Approved, Dec. 18, 1823. IN SENATE, Nov. 7, 1823. Resolved. That his excellency the Governor be and he is hereby authorised to furnish the counties of De Kalb, Henry, Fayette, Monroe, Pike, Crawford, and Bibb, with a sufficient number of Clayton's Georgia Justice, and Prince's Digest, to furnish those officers, entitled by law, to one copy of each. Approved, Nov. 18, 1823

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IN SENATE, Nov. 7, 1823. Resolved, That William C. Mills be and he is [Illegible Text] appointed a notary public for the county of Chatham. Approved, Nov. 18, 1823. IN SENATE, Nov. 8, 1823. Resolved, That Jonathan S. Beers be and he is hereby appointed Notary Public for the county of Richmond. Approved, Nov. 18, 1823. IN SENATE, Nov. 8, 1823. The Joint Committee on agriculture and internal improvement to whom was referred the petition of sundry citizens of Camden county, praying for the adoption of measures to promote the opening of a canal from the St. Mary's river, to the river Suwana, Report: That they have taken the petition into consideration and regrect that its facts presented do not admit of a definite judgment on this interesting subject. It appears, however, that a safe inland communication from the St. Mary's river, to the gulph of Mexico, is in all probability easily brought about through the medium of a short canal, and the Suwana river. A very superficial knowledge of the geography of this country will make the great importance of this communication sufficiently manifest. The great portion of the [Illegible Text] of the gulph of Mexico, now owned by the United States, the immense value of the productions of the large and extensive back county, whose foreign commerce must all pass through this dangerous navigation, renders the safety of this commerce an object of high importance in a national point of view. This is particularly evident in [Illegible Text] of war when the extensive coast of cape Florida must be expased to all the dangers of [Illegible Text] warfare. If

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by opening the canal contemplated an easy, safe, and cheap conveyance can be opened to the commerce of this extensive and valuable portion of our country, it is an object highly worthy of the consideration of the legislature. But the state of Georgia is more especially interested as one of her towns and a large portion of her country would be benefitted in an incalculable degree. Your committee therefore recommend the adoption of the following Resolution. Resolved, That his excellency the Governor be and he is hereby requested so soon as a qualified civil and topographical engineer is appointed in conformity with the laws of this state, to direct him so soon as practicable, to have a survey made between the navigable waters of the St. Mary's and Suwana rivers with a view to ascertain the practicability of opening a canal from one river to the other and that he cause a report of such survey to be made to the next ensuing legislature after such survey may have been made. Approved, Dec. 22, 1823. IN SENATE, Dec. 9, 1823. The Joint Committee on the Judiciary, to whom was referred the resolution instructing them to enquire into the expediency of appointing some fit and proper person to compile and digest the Statutes of England, that are of force in the state of Georgia, report, That they have taken the same into consideration, and are of opinion that the subject matter embraced in the said resolution, is one well worthy the serious attention of the LegislatureThat the Legislature of Georgia, in the year seventeen hundred and eighty four, by law, adopted as the law of this state the common law of England, and such of the statute laws thereof, as were usually of force in the state of Georgia, and binding on the inhabitants thereof, at a certain time and under certain qualifications therein mentioned, and although a considerable length of time has

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elapsed since the adoption of the said laws, yet the Legislature has devised no means to facilitate to her citizens the knowledge of the said laws, which it is acknowledged are in force and binding upon them; and it being known that there are but few copies of the statutes of England in the state of Georgia, and those which are of force in this state, being, comparatively speaking, but few, and scattered throughout a heavy and voluminous work, to wit: the statute laws of England up to the year seventeen hundred and seventy-six, so that very few have the opportunity afforded to them of knowing what the said laws are; and it being not only compatible with, but indispensibly necessary to the liberty and [Illegible Text] of a free people, that the laws by which they are governed should be promulgated and known; and inasmuch as the statute laws of England, that are of force in Georgia, cannot be published conveniently, unless they are digested and arranged by some fit and proper person, whose duty and whose interest it will be to compile and digest the same; and in order to effect this desirable object, The committee respectfully recommend the following resolution: Resolved by the General Assembly of the state of Georgia. That it is expedient that some fit and proper person should be appointed by the Legislature, at its present session, to compile and digest the statute laws of England, that are now of [Illegible Text] in the state of Georgia, and whose duty it shall be [Illegible Text] two years, to report the same to his excellency the [Illegible Text] who, after the same has been examined by a committee of three learned in the law, to be appointed by him for that purpose, shall approve or disapprove of the same, and who [Illegible Text] their services shall be paid by the Governor out of the [Illegible Text] fund; and when the said work shall be performed and approved, that his excellency the Governor be, and he is hereby authorised to subscribe for two thousand copies, in convenient bound volumes: Provided, The same does not exceed the price of four dollars per volume, to be disposed of and distributed as the Legislature may direct. Approved, Dec. 20, 1823.

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IN SENATE, Nov. 10, 1823. Resolved, That John Griffin, Samuel Johnston, John Wood, William L. Crayton and Joseph Green be and they are hereby appointed commissioners for the academy of the county of Henry. Approved, Nov. 18, 1823. IN SENATE, Nov. 10, 1823. Resolved, That John B. Nelson, Zachariah Hallaway, Jacob R. Brooks, Joseph Morris, Joseph D. Shumate, Reuben Cone, and James Blackstock be appointed commissioners of the academy for the county of De Kalb. Approved, Nov. 18, 1823. IN SENATE, Nov. 10, 1823. Resolved, That Wyatt Heffing, James Head, Alexauder Ware, Ephraim Pennington, Collin Alford James T. Wafer, and William Gilliland be and they are hereby appointed commissioners of the academy for the county of Fayette. Approved, Nov. 18, 1823. IN SENATE, Dec. 11, 1823. Many of the States having expressed their preference for one or the other of the distinguished individuals who are candidates for the chief magistracy of the United States.To give to our fellow citizens throughout the Union that evidence of the wishes of the people of this state.

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Be it therefore resolved, That the people of this state look with confidence to the election of their fellow-citizen, William H. Crawford, to the high and responsible office of President. But should it be deemed necessary to preserve undivided the republican interest of the Union that their personal predilections should yield to the clearly expressed voice of the republican majority, the sacrifice will be made. THOMAS STOCKS, President. Attest, W. Y. [Illegible Text] Secretary. In the HOUSE of REPRESENTATIVESDec. 13, 1823. Read, and concurred in. DAVID ADAMS, Speaker. Attest, WM. C. DAWSON, Clerk. IN SENATE, Nov. 11, 1823. Resolved, That James Ralls be and he is hereby appointed Notary Public for the county of Bulloch. Approved, Nov. 18, 1823. IN SENATE, Nov. 12, 1823. Resolved, That Howell Cobb, Wilson Collins, Michael Watson, Charles F. Patillo, and James Holt, Senr. be appointed Commissioners of the Houston County Academy. Approved, Nov. 18, 1823.

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IN SENATE, Nov. 12, 1823. Whereas, it is desirable to ascertain the wishes of the citizens of this state, as to the mode of choosing [Illegible Text] of President and Vice-President of the United States. Be it therefore resolved by the Senate and House of Representatives of the state of Georgia in General Assembly met, That it shall be the duty of the magistrates who shall preside at the several elections to be held in the different counties of this state, for the choice of members of the Legislature, at the next general election therein, to propose to each and every voter, at the time of receiving his vote, whether he desires that the choice of said Electors shall be confided to the people or retained by the Legislature, and to request such voter to signify such desire by endorsing on his ticket the word People or Legislature, according to the trath of the fact, and on counting out the ballots, to annex to the return of said election, by them so transmitted to the Executive department, a true statement of the votes so given, to the end that the same may be laid before the next Legislature by his excellency the Governor. And be it further resolved, That his excellency the Governor be, and he is hereby requested to cause this resolution to be published without delay in the several gazettes of this state, and to continue the said publication once a month until the next general election. Approved, Nov. 18, 1823. IN SENATE, Nov. 12, 1823. Resolved, That John Bailey, Esq. be and he is hereby appointed a Notary Public for the county of Chatham and town of Jefferson. Approved, Nov. 18, 1823.

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IN SENATE, Nov. 13, 1833. Resolved, That both branches of the General Assembly do convene in the Representative Chamber, on Saturday, the twenty-second instant, at ten o'clock, A. M. for the purpose of electing a Secretary of State, Treasurer, Comptroller-General, and Surveyor-General. Approved, Nov. 19, 1823. IN SENATE, Nov. 13, 1823. Resolved, That Springer Gibson, Edward Holloway, James Whatley, Hugh G. Johnson, and Thomas Sheehee, he and they are hereby appointed the commissioners of the Academy of Pike County. Approved, Nov. 24, 1823. IN SENATE, Nov. 13, 1823. The Joint Committee on Printing, Report That they have contracted with Camak Ragland for the printing of the Laws and Journals of the present session of the Legislature, on the same terms as they were printed the last session, and also such other printing as may be ordered during the present session, on the same terms as it was done last session. Approved, Nov. 24, 1823. IN SENATE, Nov. 13, 1823. Resolved, That the Printing Committee contract for the printing of three hundred copies of the Treasurer's Report,

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for the use of the members of both branches of the Legislature. Approved, Nov. 24, 1823. IN SENATE, Nov. 14, 1823. Resolved, That James G. Stallings and Samuel Crump Esqrs. be and they are hereby appointed commissioners in the room of John Bealle and Thomas M. White, deceased, to keep open, remove and prevent obstructions in Savannah river calculated to impede the free passage of fish, c. agreeably to an act passed the eighteenth day of December eighteen hundred and sixteen. Approved, Nov. 24, 1823. IN SENATE, Nov. 14, 1823. Resolved, That Oliver H. Prince, Charles J. Mc Donald, Matthew Robertson, James S. Frierson and Rice Derrett, be and they are hereby appointed commissioners of Bibb county academy. Approved, Nov. 24, 1823. IN SENATE, Nov. 17, 1823. Resolved, That Allen Brown be and he is hereby appointed a Notary Public for the county of Clark. Approved, Nov. 24, 1823.

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IN SENATE, Nov. 17, 1823. Resolved, That Mulford Marsh be, and he is hereby appointed a Notary Public for the county of Scriven. Approved, Nov. 24, 1823. IN SENATE, Nov. 17, 1823. Resolved, That the Executive appointment of William Carnochan, Esq. as a Commissioner of the the River Alatamaha, in the place of Maj. Jacob Wood, resigned, be and the same is confirmed. Approved, Nov. 24, 1823. IN SENATE, Nov. 17, 1823. Resolved, That the Fraction selling Commissioners be and they are hereby required to suspend the sale of any fraction which may have been drawn in the last Land [Illegible Text], by a certificate being produced from the Executive, stating the number of the fraction so drawn, and by whom. Approved, Nov. 19, 1823. IN SENATE, Nov. 18, 1823. Resolved, That Samuel W. Langston, Newdegate Ausley, Elisha Tarver, John Canady, and John Vance, be and they are hereby appointed commissioners of Crawford County Academy. Approved, Nov. 24, 1823.

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IN SENATE, Nov. 18, 1823. Resolved, by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That the commissioners appointed by the last legislature to sell the fractional surveys be authorised and required to expose to sale all the fractional surveys lying in the county of Walton, which were within the ninth district, formerly Henry County: Provided, Said fractions and islands shall be advertised and sold upon the same terms and conditions as the fractional surveys authorised to be sold by an act passed at the last session of the legislature. Approved, Nov. 23, 1823. IN SENATE, Nov. 18, 1823. Resolved, That Samuel J. Cadliage be and he is hereby appointed Notary Public for the county of Bibb. Approved, Nov. 24, 1823. IN SENATE, Dec. 18, 1823. The Committee on the State of the Republic, to whom was referred the communication of his excellency the Governor on the subject of the extinguishment of Indian claims to the lands within the territorial limits of Georgia, beg leave to Report: That they have derived much gratification from the [Illegible Text] of this interesting document. It presents to them an unequivocal manifestation of the disposition of the Executive to sustain the just rights of the state on the important subject of the extension of jurisdictional limits with a firmness which is tempered by discretion, and a zeal which is guided by intelligencea disposition to which, in the unanimous

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opinion of this committee, every suggestion of duty, and every feeling of honorable pride on the part of this legislature, will be accordant and responsive. The committee do not deem it necessary in this report to enter into a minute examination of the luminous exposition of the rights of this state which is contained in the communication of his excellency the Governor. Adopting it as they do, unanimously, and in its whole extent, they believe they will best perform the duty which is assigued to them by recommending that an address be presented to the President of the United States, based on the principles and fortified by the arguments of this communication. They ask leave, accordingly, to report the following Memorial and Resolution: To the President of the United States of America: The Memorial and Remonstrance of the Senate and House of Representatives of the State of Georgia, in General Assembly met. The legislature of Georgia find themselves constrained once more to address the President of the United States on the subject of the extension of their territory, by the extinguishment of the Indian title to the lands situated within the limits of the state. If the reiteration of their remonstrances on this subject shall seem to the chief magistrate of the Union to be importunate, their justification will be found in the deep interest which is felt in it by their [Illegible Text]in the unanswerable justice of their claimin the long interval which has passed since they were reasonably entitled to expect the accomplishment of an object of such vital importance to Georgiaand in the accumulated and [Illegible Text] obstacles which time is interposing to its ultimate fulfilment. In recurring to the articles of agreement and cession entered into between the commissioners of the United States and of Georgia, on the twenty-fourth day of April, eighteen hundred and two, these memorialists find a stipulation that the United States shall, as soon as may be, extinguish

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the Indian title to all the lands within the state of Georgia. This [Illegible Text] was not gratuitous on the part of the government of the Union, but was in consideration of the surrender, by the state of Georgia, of a territory sufficiently valuable and extensive to constitute two independent and powerful members of the federal compact. The motive to this surrender cannot be misunderstood. In consenting thus to restrict her right of soil and her sovereignty, Georgia looked with the confidence which she has always reposed in the plighted faith of the Union, to the prompt extinguishment of the Indian title to all the land within her remaining limits, and the speedy settlement of her then, and still vacant territory. Limiting her ultimate views of extensive empire, she had hoped by such limitation to escape from the helplessness of a protracted infancy, and marching in quick time to the accomplishment of her destinies, to have seen her laws and her sovereignty co-extensive with the limits of the territory within which she had consented to confine herself. Twenty-one years have passed away, and she is still destined to experience the disappointment of her hopes. She has witnessed during this period the extension of the Unionthe multiplication of the members of the federal republic, by repeated acquisitions of territory, while she is doomed to have a long line of frontier exposed to the predatory incursions of the savage, and the lives of her citizens who dwell there, to his subtle and relentless vengeance. Such, Sir, is her claim to relief. It seems to these [Illegible Text] morialists, that it is too obvious to require farther exposition. Do the United States possess the power to afford it? That the state of Georgia is vested with the ultimate title to all the lands within her territorial limitsthat the claim of the Indians is consequently restricted to a mere temporary usufructuary right, are propositions which it is believed can neither be doubted nor denied. The existing state of things must therefore have a termination. The time must come when the soil of Georgia shall no longer be imprinted with the footstep of the savagewhen the inhabitants of her border shall no longer [Illegible Text] liable to be awakened from their slumbers by the war whoop of an approaching foe, nor to witness the destruction of their dwellings in the blaze which illumines his retreatwhen her sovereignty

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shall be co-extensive with her territory, and the authority and the protection of her laws, shall [Illegible Text] every portion of her empire. Such a state of things must come. It must be produced, too, by the act, and at the expense of the government of the Union, in the fulfilment of her obligation to Georgia. Will delay facilitate its ultimate accomplishment? Will it lessen the expense to be incurred by the United States? Is it required by any rational consideration of humanity towards the Indians tribes who now roam through the wilderuess of our state? It seems to these memorialists that delay can only serve to multiply [Illegible Text] to the fulfilment of the engagements of the Union. From [Illegible Text] too obvious to require detail, every day diminishes the disposition of the savage to abandon his accustomed haunts, and consequently increases the price which he will demand for their surrender. No principle of humanity forbids the enforcement of the claim. The exhausted state of the game affords a scanty and precurious subsistence to the hunter, and a dispersed and wandering population are not in a condition to become the objects of the benefits of civilization. Their removal beyond the Mississippi, would give to those sons of nature a wilderness congenial to their feelings and appropriate to their wants, while the region which they would relinquish, would become the [Illegible Text] of civilization, and contribute to the happiness of thousands. These memorialists have seen with what facility the United States, blending justice with authority, have been [Illegible Text] to prescribe to the native tribes inhabiting the [Illegible Text] territory of Florida, the limits of their range, and they do not doubt that a similar exercise of a legitimate [Illegible Text], equally tempered by justice, will suffice to obtain for Georgia all which she desires. They ask, therefore, from the government of the Union, certainly with the respect which they have always felt, and which they have [Illegible Text] no proper occasion to manifest to the government of their choice, and of their confidence, but at the same time with the earnestness which is authorised by the justice of their claim, and demanded by the necessities of their constituents, that a liberal appropriation may be made for the [Illegible Text] of the Indian title to all the remaining lands within the limits of Georgia, and that commissioners

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may be appointed, with instructions in every event to effect this [Illegible Text] object, by a proper representation to the Indian tribes of the just claims of Georgiaof the solemn obligations of the United Statesand of the improvement in their own condition, which will result from their acquiescence. Resolved, That a copy of the aforegoing Memorial and Remonstrance be forwarded to the Senators and Representatives of the state of Georgia in the Congress of the United States, and that they be requested to use their exertions for the attainment of its object. Approved to, Dec. 20, 1823. IN SENATE, Nov. 19, 1823. Resolved, That Martin Wood and Wm. McDonald, be and they are hereby appointed Commissioners of the Early County Academy, in place of E. M. Attaway and Bartlett Smith, removed. And be it further resolved, That S. B Jackson, James Bush, John Dill, Thomas Cook, and Richard Grimsley, be appointed Trustees of the same. Approved, Nov. 28, 1823. IN SENATE Nov. 19, 1823. Resolved, That Samuel Houston be and he is hereby appointed a Notary Public for the county of Henry. Approved, Nov. 28, 1823.

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IN SENATE, Nov. 21, 1823. The committee on the state of the republic to whom was referred that part of the communication of his excellency the Governor, relative to running and marking the dividing line between this state and the state of Alabama, Report: That the subject of this reference is one of much interest to this state, and to your committee it appears under existing circumstances important that the running and marking of this line should be completed as soon as practicable. They therefore respectfully recommend the following resolution. R esolved, That his excellency the Governor be requested to continue those exertions, which have already been commenced to insure a speedy running and marking of the line dividing this state from the state of Alabama, in pursuance of a resolution of the last General Assembly. Approved, Nov. 28, 1823. IN SENATE, Nov. 21, 1823. The Committee appointed to enquire into the expediency of establishing a Branch Bank at the town of Macon, Report That they have taken into consideration the situation, the fertility of the surrounding country, and the present promise of the future increase and commercial importance of the town of Macon; and are therefore of opinion that it is expedient, and will be for the interest of the state and the stockholders, that a Branch of the Bank of Darien should be established at the town of Macon; and that after the expiration of two years, the Branch of the said Bank, now established in the town of Marion, should be discontinued, and its funds transferred to the Branch so to [Illegible Text] established in the town of Macon. Approved, Nov. 28, 1823.

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IN SENATE, Nov. 22, 1823. The committee on finance beg leave to report in part That they have examined into the state and situation of the Treasury, and find that the warrants drawn by the executive on the treasurer in the last political year agrees with the entries on the books of the treasurer so far as the warrants have been presented to that department for payment, and that the treasurer's books agree with the reports of the comptroller and treasurer made to both branches of the legislature at the commencement of the session. The committee further report that they find in the Treasury the sum of four hundred and twenty five thousand seven hundred and seventy five dollars and sixty and one fourth cents in the following description of bills, specie and deposits, to wit: State Bank bills, $208,560 Darien, do do 119,000 Planters, do do 25,500 Augusta, do do 17,500 944 French crowns, 1,038 40 Small change in silver, 18[UNK] Deposited in the Darien Bank, and placed to the credit of George R. Clayton, Treasurer 51,609,80[UNK] Deposited in the Planters' Bank and placed to the credit of George R. Clayton, Treasurer. 2,567 21 $425,775 60 Approved, Nov. 28, 1823. IN SENATE, Nov. 24, 1823. R esolved, That Collin Alford be and he is hereby appointed a Notary Public for the county of Fayette. Approved, Dec. 10, 1823.

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IN SENATE, Nov. 24, 1823. R esolved by the Senate and House of R epresentatives of the State of Georgia, That Samuel [Illegible Text] be, and he is hereby appointed Vendue Master for the town of Macon in the county of [Illegible Text] Approved, Dec. 10, 1823. IN SENATE, Nov. 27, 1823. The Committee to whom was referred the petition of William Favour, sen. have had the same under considera tion, and believe that the petition is reasonable, and that some relief ought to be granted. They therefore submit the following resolution: R esolved, That his excellency the Governor be, and he is hereby authorised and requested to suspend the proceeding on a mortgage fi fa against fractions number two hundred and eighty five and two hundred and ninety-two, in the fourteenth district formerly Baldwin county, now Putnam county, for the term of twelve months. And be it further resolved, That the Solicitor-General of the [Illegible Text] Circuit do take all legal means to obtain a judgment as soon as possible, on the bond given by John A. Cuthbert and his sureties, Josiah Favour and Luke I. Morgan, (which suit has been ordered by the late Governor,) and pay into the Treasury the sum so raised and paid in discharge of the aforesaid mortgage fi fa: Provided, That nothing in this resolution shall go to release said fraction from being subject to said fi fa. Approved, Dec. 20, 1823. IN SENATE, Nov. 28, 1823. R esolved, That [Illegible Text] Boykin be, and he is hereby appointed a Commissioner of the Oconee navigation, in the place of [Illegible Text] Harvey, resigned. Approved, Dec. 10, 1823.

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IN SENATE, Dec. 8, 1823. The joint committee on agriculture and internal improvement to whom was referred his excellency the Governor's communication dated November twenty-sixth, with accompanying documents, in relation to the monies drawn by the commissioners of Briar creek for the improvement of the navigation thereof, Report: That upon examination it appears that the sum of eight thousand dollars has been drawn from the Treasury by the Burke county commissioners of Briar creek, that a bond with securities was executed by their treasurer and lodged in the executive office for the due performance of the trust reposed in him, in the penal sum of ten thousand dollars. That the monies were received and receipted for by said treasurer more than three years since, but that no returns have been made by said commissioners as to the expenditures, although required by law to make semi-annual reports to the executive department. Your committee, therefore, have been unable to ascertain whether any improvements have been made on the Creek as contemplated by the law making the appropriations and appointing commissioners, and if so, whether the undertaker of such work gave bond as required by law; they therefore recommend that his excellency the Governor be requested to demand from the said commissioners a return of their actings and doings under the said law within a time to be prescribed by him, and on their failure to make such return, or if he shall be dissatisfied therewith to put the said bond of the treasurer in suit, and that the unappropriated balance of said fund which now exists, be applied to the clearing of said creek from the [Illegible Text] thereof to Millhaven under the direction of the [Illegible Text] [Illegible Text] commissioners of said creek, upon their giving the necessary bonds for the faithful application of such [Illegible Text] to the purposes aforesaid. Approved, Dec. 22, 1823.

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IN SENATE, Dec. 10, 1828. The joint committee on Banks, to whom has been referred so much of the communication of the Governor as relates to the Banks, and the respective reports of said Banks, have had the same under their consideration, and Report, That they have given that reflection to the subject which its importance requiresThat from an attentive examina-mination of all the documents, they feel constrained to say, that the exhibits furnished by the different Banks, altho' made, perhaps, under the impression [Illegible Text] the object of the Legislature was complied with, yet your committee believe that such reports should be more in detail, to comply [fully] with the resolution, passed on the twenty first of December, eighteen hundred and twenty, requiring such reports to be made; that they are so general in their nature, and at the same time so obscure in expression, that it has been impossible for the committee to ascertain any thing definitely. Whether the directors have not from time to time, (in their issues, ) exceeded the chartered limits of said BanksWhether they have not extended loans without having sufficient assurances to rely on the abilities of the borrowers to make paymentand, whether they have not made purchases of property at exorbitant prices, to collect such debts thus improvidently made. The committee have adverted to the explanatory remarks accompanying the report of the State Bank, and recommend that a similar mode of explanation be resorted to in future by all those institutions; but they are constrained to remark, that from the [Illegible Text] of the reports, it has been impossible for the committee to determine on the situation of those institutions with any tolerable certainty. The committee therefore beg leave to offer the following resolution: R esolved, That the different Banks in this state, in which the State is a stockholder, shall, and they are hereby required to make plain and full exhibits to his excellency the Governor of this state, for the time being, by the twentieth day of October in each year, of the real state and condition

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of those institutions, calculated to the first day of October, preceding, particularly shewing in their respective reports and exhibits the amount of specie in their vaults, and owned by said Banks, the amount of issues in circulation, the amount of discounted paper due and running to maturity, designating the amount in suit, the amount considered bad, and the amount considered doubtful, (with an exhibit of the names of the parties, makers, and endorsers, of such bad paper,) and at what time or times such loans were made; a schedule and description of all real or personal property owned by said Banks, and from whom purchased, the particular circumstances which induced the purchase of such property, its real value at the time of purchase, and its value on the first day of October in each and every year, after this date, so long as such reports may be required. Approved, Dec. 22, 1823. IN SENATE, Dec. 10, 1823. R esolved, That his excellency the Governor be and he is hereby authorised and requested to have proper blinds or curtains attached to the windows of the Senate chamber and Representative hall, for the convenience of the members, to be paid for out of the contingent fund. Approved, Dec. 22, 1823. IN SENATE, Dec. 11, 1823. Whereas, the county of Wilkinson has been improperly charged with the sum of five hundred and four dollars and seventy and an half cents, by the commissioners on confiscated property in conjunction with other counties as per document number four, accompanying the Governor's communication and whereas said county has never received any funds whatever for the benefit of academies from the state,

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Be it resolved therefore, That his excellency the Governor be and he is hereby authorised and required to cause the said county of Wilkinson so charged to be exonerated from the same and placed on the same footing with other counties that have never received any thing for the benefit of academies. Approved, Dec. 22, 1823. IN SENATE, Nov. 11, 1823. R esolved, That Lovet Moore, Charles C. Jenkins, John Chason, Isaac Ferguson, and Canneth Swain, be and they are hereby appointed commissioners for the Academy of Emanuel county. And be it further resolved, That William Johnson, James Walea, John Love, George Dekle, and Reuben Thompson, be and they are hereby appointed Trustees of the same. Approved, Nov. 18, 1823. IN SENATE, Dec. 12, 1823. The joint committee to whom was referred document number two, accompanying the communication of the late Governor, Report: That the said document relates First, To the claims of the citizens of Georgia, under the treaty of the Indian Springs, which have been rejected by the commissioners of the United Statesand, Secondly, To the extinguish ment of the Indian title to the remainder of the territory within the limits of Georgia. The first of these subjects having been made the object of specific reference to another committee, this committee have [Illegible Text] to make any report relatively thereto.

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In relation to the second, they beg leave to recommend, that the Governor be requested to continue the exertions of that department for the attainment of an object so interesting to the people of Georgia. And therefore recommend the following resolution: R esolved, That his excellency the Governor be, and he is hereby requested to use his exertions to obtain from the United States, the extinguishment of the Indian title to the remainder of the territory within the limits of Georgia, in terms of the fourth article of agreement and cession between the United States and this state. Approved, Dec. 22, 1823. IN SENATE, Dec. 15, 1823. R esolved, That William Towns, Merrill Collier, Samuel Prewet, James Hicks and J. M. C. Montgomery be and they are hereby appointed trustees of the academy of De Kalb county. Approved, Dec. 22, 1823. IN SENATE, Dec. 16, 1823. The committee to whom was referred document number [Illegible Text] have had the same under consideration, and take leave to recommend the following resolution: R esolved, That each county which shall exhibit satisfactory certificates from the Surveyor General's, the Executive, the Secretary of State's, and the Treasurer's office, or any of them, that they have not received the amount with which they stand charged, shall be entitled to receive their proportion of dividends in common with counties not charged. Approved, Dec. 22, 1823.

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IN SENATE, Dec. 16, 1823. The committee to whom was referred the memorial of the commissioners of the academies of the counties of Elber, Jackson, Clark, Jasper, Morgan, Putnam, Laurens, Montgomery, Scriven and Bulloch, Report: That they have taken the said memorial into consideration, and from the evidence furnished by Col. Hugh Montgomery, who has been acting as the agent for the said academies, it appears that in eighteen hundred and ten at a sale of confiscated property, David Mc Cormick as the agent of the said academies bid off three tracts of land and amongst the number [one tract] granted to Sir James Wright for one thousand acres, which was represented to lie upon the river St. Mary's, and that after a diligent search no such land as that represented in the said grant can be found, that the said land was bid off at the price or sum of three thousand nine hundred and sixty-two dollars, but which sum when scaled agreeable to the act of eighteen hundred and eight will reduce the same to the sum of four hundred and ninety-five dollars and twenty-five cents, with which sum the said academies now stand charged; that the said commissioners have never yet received titles for the said tract of land, and pray that they may be permitted to surrender the original grant and relinquish their claim to the same, and have a credit for the purchase money with which they now stand charged, which prayer the committee think reasonable and ought to be granted. They therefore recommend the following resolution. Resolved, That upon the commissioners of the said academies surrendering to the Secretary of State the original grant, and relinquishing their bid to the state to the same, that the treasurer be and he is hereby instructed to allow them a credit for the purchase money of the said tract of land with which they now stand charged. Approved, Dec. 22, 1823.

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IN SENATE, Dec. 17, 1823. Be it resolved by the Senate and House of R epresentatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same, That the following shall be proposed as an amendment to the Constitution of the United States: That no part of the Constitution of the United States, ought to be construed, or shall be construed to authorise the importation or ingress of any person of color into any one of the United States, contrary to the laws of such state. And that his excellency the Governor be, and he is hereby requested to communicate this resolution to the Governors of the different states, with a request that the same may be submitted to their respective Legislatures, and that he do also communicate the same to our Senators and Representatives in Congress. Approved, Dec. 22, 1823. IN SENATE, Dec. 17, 1823 The Joint Committee appointed to enquire into the expediency of employing the Clerk of the House of Representatives, and the Secretary of Senate, at a reasonable compensation in making an Index or Indexes to the Journals which were in their respective offices before they were elected to said offices, Report That they have discharged the duty assigned them, and find that there are in the office of the Clerk of the House of Representatives, about thirty-one manuscript volumes, some of moderate, some of considerable size, embracing the proceedings of the House from the year seventeen hundred and eighty-three, to the year eighteen hundred and nineteen, inclusive, and comprehending a period of thirty-six years; and that there are in the office of the Secretary of Senate, about twenty three volumes, embracing the proceedings of that body from the year seventeen hundred and ninety, to the year eighteen hundred and twenty-one, inclusve,

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and comprehending a period of thirty-one years That those periods embrace very interesting events of our civil historyThat the legislative proceedings aforesaid, relate in many instances, to matters of the first magnitude to the state, and more especially to such of her citizens as have claims against herThat frequent applications are made for extracts from the old JournalsThat it is frequently impracticable, especially during the press of legislative business, when they are most desirable, to furnish themThat the public service frequently suffers from the extreme difficulty of ascertaining the proceedings of former Legislatures on various subjects of legislationThat from the same cause, there is reason to apprehend that unjust claims are sometimes allowed, and just ones rejectedThat the Clerk of the House of Representatives would make a general index to the journals in his office, for the sum of fifteen hundred dollars, which would be about forty-two dollars a year; and that the Secretary of Senate would make a general index to the journals in his office, for the sum of one thousand dollars, which would be about thirty two dollars a year, (the journals in his office not being so voluminous as those in the office of the Clerk of the House of Representatives,) making the aggregate of twenty-five hundred dollars. Believing, as the committee do, that the great advantages of [Illegible Text], are apparent in the use of those journals which have indexes attached to them, and that the detection of a siagle unjust claim, or the allowance of a single just one of any magnitude, in consequence of indexing the old journals, would far outweigh the expenditure aforesaid, they cannot hesitate to recommend the employment of the Secretary and Clerk, at the prices, and for the purposes aforesaid; especially when it is believed that the detection of many unjust claims, and the allowance of many just ones, may be the consequences; and more especially when it is remembered that old members, on whose recollection the Legislature have been in the habit of relying, are passing from among us, and the public records must soon be the only guides of the Legislature. The committee, therefore, recommend the adoption of the following resolution.

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R esolved by the Senate and House of Representatives of the state of Georgia, That Wm. C. Dawson, Esq. Clerk of the House of Representatives, and Wm. Y. Hansell, Esq. Secretary of Senate, be respectively employed to make general indexes to the old journals in their offices, the former at the sum of fifteen hundred dollars, and the [Illegible Text] at the sum of one thousand dollars: Provided, That each shall take and subscribe, before his excellency the Governor, an oath or affirmation, to make a clear and full general index to the journals in his office, according to the true intent and meaning of this resolution, within the term of two years, and shall moreover enter into a bond with security, to be approved of by the Governor, in an amount to be determined by him, conditioned for the faithful performance of the duty entrusted to them by this resolution; and that each shall receive one-fourth of the amount allowed him, on completing his index up to the year eighteen hundred; another fourth, on completing it up to eighteen hundred and ten, and the remainder, on finishing the entire work he has undertaken. And be it further resolved, That the Secretary of Senate and Clerk of the House of Representatives, hereafter make annually an index to the respective journals of each house. Approved, Dec. 22, 1823. IN SENATE, Dec. 17, 1823. Resolved, That his excellency the Governor be requested to ascertain from the steam boat company of Georgia, the lowest terms on which the said company will surrender its charter to the state; and that he be further requested to communicate the result, together with such information as he may be able to obtain, lending to shew the expediency or inexpediency of the state's making the said purchase, to the next legislature. Approved, Dec. 22, 1823.

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IN SENATE, Dec. 18, 1823. The Joint Committee on agriculture and internal improvement having taken into consideration the resolution of senate on the subject of a canal from the Alatamaha to Turtle river, Report: That they are of opinion that the opening of a canal from the Alatamaha to Turtle river is a matter of much importance and well worthy the serious attention and reflection of the legislature, but the making of an appropriation for that purpose at this time is deemed by your committee as inexpedient and premature; that whenever the state shall have a correct survey of the country through which such canal might pass, made by a skilful artist, your committee would then recommend the attention of the succeeding legislature to the subject. Approved, Dec. 22, 1823. IN SENATE, Dec. 18, 1823. The Joint Committee on agriculture and internal improvement, to whom was referred the report of the commissioners of the Alatamaha, have had the same under consideration, and Report: That it appears by a statement of the commissioners of said river that they have entered into a contract with Major Jacob Wood, to cut a canal from Piney Island to Catfish creek upon the terms specified in the contract made with Major Wood a copy of which accompanies the report, and to pay the said Wood the sum of ten thousand dollars, to be paid by instalments; four thousand eight hundred and twenty dollars to be paid when the work is commenced, two thousand five hundred and thirty five dollars when the work is half completed, two thousand five hundred and thirty-five dollars when the work is done, which is to be completed in two years from the date of the agreement, which appears to have been executed on the thirty-first of March, eighteen hundred and twenty-three. The commissioners

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express a desire to have the last appropriation made by the legislature for the purpose of improving the said river more [made] subject to their order. Your committee not having any information before them either as to the importance of the canal proposed, or the probable expense of the work, are unable to express any opinion upon the subject of the contract made and submitted by the commissioners. With respect to the last appropriation made by the legislature for the improvement of said river, your committee would state that the law appropriating that money provided specially that the same should not be drawn from the treasury until a contract for the work was made, and a certificate from a majority of the commissioners was received that the work of said contract was completed. The papers having been submitted to this legislature too late in the session to examine them and pass a law repealing that appropriating the money to meet the wishes of the commissioners, your committee would recommend the postponement of the further consideration of the subject to the next legislature. Approved, Dec. 22, 1823. IN SENATE, Dec. 18, 1823. A resolution having passed requiring the Executive to furnish copies of Clayton's Georgia Justice to the counties of De Kalb, Fayette and others, and it being impracticable to comply with such order from the want of sufficient number. Ordered, That his excellency the Governor be and he is authorised to contract with Seaton Grantland, Esq. to whom the copy right belongs, for printing and furnishing one thousand copies of a new edition of said work: Provided, The price shall not exceed [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] Approved, Dec. 22, [Illegible Text]

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IN SENATE, Dec. 18, 1823. The Joint Committee on agriculture and internal improvement to whom was referred the communication of his excellency with the accompanying documents on the subject of the act to authorise the opening of a road from the Alapaha to the Florida line, have had the same [Illegible Text] [Illegible Text], and Report: That it appears from the documents submitted that the act aforesaid was approved of the twenty-third of December last, and that on the next day an executive order was passed appointing General John Coffee and Thomas S. Swain Esqrs. of the county of Telfair to superintend the opening of said road, and that on the same day, [Illegible Text] Coffee received fifteen hundred dollars, the amount appropriated to that object; no instructions whatever appear to have been given relative to the work or manner of performing it, no contract seems to have been entered into, nor any requisition that such should have been done, no bond was taken for the faithful performance of duty by the superintendants either in the performance of the work, or the disbursement and accountability for the money advanced them It appears by the letter of General Coffee to the Executive, dated on the twenty-sixth ult. that the work was commenced in August last. and completed on the fifteenth of November. That the distance is nearly ninety miles, with the addition of seven miles to reach a good crossing place on the Alapaha river. It is further stated that to complete the work many difficulties were encountered several small bridges were erected and one of some importance over the Oropites river, and four ferry flats built. No account of expenditures has as yet been submitted, but the reason is sufficiently apparent, in that General Coffee states substantially that his accounts are not yet adjusted, and it would appear to your committee that they could not as yet be adjusted, since the work was only completed on the fifteenth nlt. The road is represented to be one of much importance to the people of that section of the country, and the appropriation with a view to effect the object in the best mode

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that the amount of modey would authorize, your committee recommend the following resolutions. Resolved, That in the opinion of this committee the undertakers of said road should have been required to give bond and security for the faithful performance of the work on said road before the money appropriated for said work was drawn from the Treasury. And be it further resolved, That the aforesaid commissioners be and they are hereby required to report to his excellency the Governor within six months from this date, a particular statement of their operations in opening the said road, exhibiting a general account of the cost of the same, and of the unexpended balance, if any, which remains in their hands, and specifying the amount of each particular disbursement with such information as may enable the legislature to judge of the work which has been done, the manner in which the same has been done and the cost of the same, and also pay over such unexpended balance, if any, in their hands into the Treasury of this state. Approved, Dec. 22, 1823. IN SENATE, Dec. 18, 1823. Resolved, That the Hon. Charles Bullock, Seaborn Jones, and Wm. W. Baker, be and they are hereby appointed a committee, to join such committee as may be appointed on the part of the House of Representatives, to see the unfinished business of the General Assembly completed, and that they be allowed three days to complete the same, after the adjournment of the Legislature. Approved, Dec. 22, 1823. IN SENATE, Dec. 18, 1823. The joint committee on agriculture and internal improvement, to whom was referred the report of the commissioners

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of the Oconee river, have had the same under consideration, and Report, That it appears by the statement of the commissioners of the Oconee river, that their funds now consist of ten thousand dollars, in the stock of the Bank of the State of Georgia, eighteen negro fellows, five hundred and fifty-one dollars and forty-seven cents in notes, accounts and attorneys receipts, and eighty one dollars and fifty-cents in cash, two flats, with the necessary apparatus for clearing the river. It is also stated, that since the last annual report, the commissioners have paid out for three negro fellows, the sum of seventeen hundred and fifty-dollars, which has increased their hands to the number before stated. Captain Lewis Maddox is stated to be the manager of the bands, and that he commenced his operations on the twelfth of May last, at a place called Trammel's ferry, on the Oconee, and ascended the same with two flats and necessary apparatus, removing such obstructions, as the height of the water would admit, to Milledgeville; and that on the twentieth September, descended the said river to the said ferry, removing many obstructions, and arrived there on the 2d inst. having cut and removed four thousand one hundred and forty logs, from six to twelve inches, two thousand three hundred, from one to four feet in diameter, and cut three canals across the bends of the river, which has shortened the distance several miles, besides clearing out several cuts off. The time for profitable employment of the hands having ceased, they are hired out as boat hands until the next season. Upon a review of the whole of the funds, appropriated for the improvement of the Oconee river, the labor that has been performed, the obstructions that have been removed, and the consequent benefits to the public in the increased facilities and safety in the navigation of the river, induce your committee to recommend the following resolution: R esolved, That the funds appropriated for the improvement of the navigation of the Oconee river, have been managed by the commissioners with prudence and economy.

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and that the object for which those funds were set apart, has been much promoted by the removal of obstructions, cutting canals, and other work performed upon the river, in the last and [Illegible Text] years, and that by a steady perseverance in the course adopted by the commissioners, your committee have no doubt that most of the obstructions to the [Illegible Text] of that important river will be removed. Approved, Dec. 22, 1823. IN SENATE, Dec. 18, 1823. The Joint Committee on agriculture and internal improvement to whom was referred the report of the board of commissioners of Tugalo river, Report: That on an examination of the same, your committee find that out of the money heretofore appropriated for the improvement of the [navigation of] said river, there remains an unexpended balance in the [hands of] the treasurer of said board of two thousand four hundred and twenty-four dollars and fifty-three cents, and that the navigation of said river is not completed. Your committee therefore recommend the following resolution. Resolved, That the board of commissioners for the improvement of the navigation of Tugalo river take such measures for the speedy completion of the same, as they in their judgment may deem expedient, and that they transmit reports of their proceedings to his excellency the Governor in conformity to an act of the General Assembly passed on the nineteenth day of December, eighteen hundred and eighteen. And be it further resolved, That his excellency the Governor be and he is hereby requested to forward a copy of the above resolution to the said board of commissioners. Approved, Dec. 22, 1823.

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IN SENATE, Dec. 12, 1823. The committee on the state of the republic, to whom was referred the resolution of the House of Representatives relatively to the claims of the citizens of Georgia, under the treaty made at the Indian Springs, on the eighth of January, eighteen hundred and twenty one, and the petition of David Glenn, one of the claimants, Report That they have examined the subject presented to their consideration by these references, with all the care and attention demanded by its importance, and have concurred in the belief that the only efficient mode of obtaining the object in view, will be by an address from the Legislature of Georgia to the President of the United States. They have accordingly prepared, and herewith [Illegible Text] the following memorial: To the President of the United States of America. The Memorial and Remonstrance of the Senate and House of Representatives of the State of Georgia, in General Assembly met, respectfully sheweth That the attention of your memorialists has been drawn to the construction given to the treaty, entered into between the United States and the Creek Indians, at the Indian Springs, in the year eighteen hundred and twenty one, so far as the same relates to the claims of the citizens of Georgia, and believing that such construction is calculated to prevent the allowance and payment of many of the said claims, which it was the intention of the parties immediately in interest to provide for they ask the attention of the President of the United States to the reasons which have influenced to this belief. These memorialists would respectfully submit, that it was not the intention of the contracting parties, to confer on the President of the United States the right to exclude any of the claims of the citizens of Georgia as a class, except those occurring after the act of Congress of the year eighteen hundred and two. To them it seems, that the obvious intention of these parties was, to invest him with

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authority to examine and decide each individual claim with reference to the proof aduced in support of it. The controversy between the commissioners of Georgia, and the chiefs, warriors, and head men of the Creek nation, regarded the proof of the claims, a list of which was exhibited, and not the question whether those claims, if proved, should be allowed. This inference, as the memorialists believe, may be deduced from the terms of the articles of agreement, as well as from a consideration of the relative character of the reference. But it will prevent repetition, and present a condensed view of the subject, to consider it with reference to the rule of decision complained of. That rule excludes all claims originating in the depredations committed (by the Indians on the citizens of Georgia,) in a period of hostilities, or previous thereto, if not provided for in the treaty, which followed such hostilities. It purports to be founded on the principle adopted among civilized nations, that a treaty merges all pre-existing claims, and that those not provided for, are consequently annulled. In its application to the case under consideration, it has the effect of excluding all claims previous to the treaty of New York, (seventeen hundred and ninety,) except for slaves: and all claims originating subsequently thereto and prior to the treaty of Colerain, (seventeen hundred and ninety-six,) except for the property provided to be given up by that treaty. It is [Illegible Text] contended that this rule is inapplicable to the claims of the citizens of Georgia on any just principle of [Illegible Text]that it is forbidden by the terms of the agreement entered into at the Indian Springs, and the relinquishment consequent thereto, and is repelled by the circumstances [Illegible Text] that negociation. No just principle of analogy, it is conceived, will authorise the application of the rules which govern [Illegible Text] between independent and civilized nations, to the negociations terminating in compact, between the United States, or the state of Georgia, and the Indians, residing within the territorial limits of the [Illegible Text]. If, on the one hand, [Illegible Text] be admitted that these Indians are, to a certain degree independent, and that their independence is recognised by the act of treating with them, it seems clear, on the [Illegible Text], that

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this independence has its [Illegible Text] They are locally resident within [Illegible Text] territorial limits of Georgia; and it is difficult to conceive the idea of a nation absolutely independent, and yet resident within the limits of another independent state. The question may be tested thus[Illegible Text] independence [Illegible Text] uncontrolled sovereignty, and incluses the idea of the right of alienating the national domain, at the will of the nation, and to a purchaser of its choice. Could the state of Georgiawould the United States submit to the uncontrolled exercise of this rightto its exercise in favor of any foreign nation, by any nation of Indians dwelling within their territorial limits? If this question be, as it is believed it must be, answered in the negative, it seems vain to contend, that the Creek Indians, constitute an independent nation, since the concession strips them of one of the attributes of independence. But if independent, they are uncivilized, and would, from this consideration, have a just claim to be relieved from rules adopted by civilized nations in the construction of treaties, if those rules were injurious to them in their operation. They cannot, therefore, demand the benefit of them, [Illegible Text] set up an implied exemption, contravening the otherwise plain import of their express stipulations. An Indian treaty is, it is conceived, an instrument which is to be construed according to its literal import, or at most, according to its meaning and intent, as these may be collected from the instrument itself, the circumstances attendant on its execution, and the character of its framers; but it cannot it is believed, be properly subjected to the artificial, technical rules, which prevail between civilized nationsrules, the existence of which, was unknown to the savage negociator, by which he would not have consented that his nation should be bound, and of which he has therefore no just claim to demand the benefit. If it could be conceded that the principle contended for, was generally applicable to treaties with the Indian tribes, even then, in the view of these memorialists, it would be insufficient to support the rule complained of At most it is an implied release, and may be controlled by an opposite and stronger implication, and still more by subsequent express stipulation. If the several treaties, from that of New York to that of Colerain, operated in terms of the

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rule, to annual all claims not provided for by them, so as to exclude them by implication from the treaty of the Indian Springs, those treaties, operating also by force of their own terms, to protect the claims which they had provided for, these were consequently no longer a subject of negociation, except as to the mode of payment. The negociations of the commissioners Georgia, and of the chiefs, warriors, and head men of the Creek nation, were then on that occasion limited to the claims arising posterior to the treaty of Colerain, and prior to the act of Congress of eighteen hundred and two, a period short of six years, the claims during which amounted, according to the list exhibited in the course of the negociation, and surrendered at its close, to a, sum less than seventeen thousand dollars. Can it be believed that such was the view of the negociators on either side? Independently of the intrinsic evidence, the agreement furnishes the answer. The reference is not of claims provided, or unprovided for by this or that treaty, but of all claims of whatever nature. If the benefit of the implied release contended for, in behalf of the Indians, be conceded to them, here then is a waiver of ita new assumption of their obligationa reference to the President to liquidate its amount, by deciding on the equity and justice of each individual claim, on an examination of the evidence adduced to support it. But the rule in question is extanded to exclude claims to compensation for property destroyed, and a verbal criticism has been resorted to by the United States' commissioners, as a fit mode of interpreting the terms of an agreement entered into by a savage tribe. It is urged, (still confining the claimants to the treaties anterior to that of the Indian Springs, on which last they exclusively rely,) that a stipulation to restore, cannot be applied to that, which has been destroyed and does not exist. The argument in the view of the memorialists, is entitled to a grave consideration, because of the source from which it emanates. As between individuals, an agreement to deliver or to restore a specified article, impliedly includes the alternative of accounting for its value, or of making compensation in damages, if the express obligation [Illegible Text] not fulfilled. What should exempt

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a nation from the operation of this rule? If Great Britain had stipulated to restore (instead of making compensation for) the negroes plundered on our sea board during the late [Illegible Text] would her incapacity to make specific restoration of those who had escaped from her possession, or been removed by death, have absolved her from the obligation to restore their value? Did she not in fact agree to make restoration in value, without regard to these considerations? But an instance more immediately appropriate to the subject may be drawn from the treaty of Augusta. The Indians thereby stipulate that all negroes, horses, cattle, or other property, taken during the late war, shall be restored. The obligation applies to all negroes, c. c. taken during the war, and would not be released by the incapacity of the contracting party to restore them specifically. Upon proof that they had been so taken, the right of the citizen of Georgia, would, it is apprehended, be complete either to specific restoration, or to restoration in value. But, dismissing the consideration of this verbal argument, it may be, and it is respectfully enquired, if there is not something in the distinctive characters of civilized and of savage warfare, which strengthens, in the latter case, the claim to compensation for property destroyed. In wars between civilized nations, the destruction of property is used only as a means to an end in the exercise of force for the attainment of the object of the war. The savage, on the other hand, wars for plunderdestroying what he cannot remove. Is it meet that we should encourage this predatory warfare, by extending to it the protective regulations of civilized strife? But the claim to property destroyed in the case under consideration, is derived from the agreement, the treaty, and the deed of relinquishment, all executed at the Indian Springs. The agreement refers to the decision of the President, all claims of whatever nature or kind. The treaty stipulates that the commissioners of Georgia, shall relinquish all claims for property taken or destroyed prior to the act of eighteen hundred and two. A list of claims was exhibited at the Indian Springs, including those for property destroyed, and property unprovided for, by either of the preceding treaties, on which the commissioners of Georgia were required to execute, and did in [Illegible Text] execute,

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the relinquishment stipulated for by the treaty at the Indian Springs. Why, it may be asked, were the terms of the reference so large, if its objects were so limited? Why were the commissioners of Georgia required to relinquish that to which the citizens of Georgia had no claimto release the Indians from claims, from which they were already absolved according to the rule contended for, by force of preceding treaties? The argument for which we contend, is further supported by a reference to the circumstances attending the negociation at the Indian Springs. The claims of the citizens of Georgia had been registered under the laws of the state. A list prepared by authority of its Executive was furnished to the commissioners of Georgiawas exhibited by them, as a particular of their demand, and was surrendered, as an evidence of what was released to the Indian chiefs at the close of [Illegible Text] negociation. It amounted to a sum which may be stated in round numbers at two hundred and eighty thousand dollars. For its payment, the Indians provided a fund of two hundred and fifty thousand dollars, in the hands of the United States. Now the application of the rule contended forthat which excludes claims for property destroyed, and property not provided for by previous treaties, would at once have annihilated one half of this claim. The fact will be obvious on a very slight inspection of the list, and must have been manifest to the Indian negociators. Is it conceivable, if they had intended to rely on this rule, as a bar to the claims which it would control, that they would not have ascertained its effect, by applying it to the list of claims exhibited, and have denied their liability for those which it covered;or having ascertained its effect, and that it would reduce the claims of our citizens to a sum not exceeding one hundred and fifty thousand dollars, that they would have left in the hands of the United States a fund of two hundred and fifty thousand dollars, to be applied to this object, without any stipulation for the payment over to themselves, of the large surplus, which must inevitably remain? These reflections seem unanswerably to repel the idea, that it was the intention of the contracting parties to exclude the claims under consideration, and it is [Illegible Text] unnecessary

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to shew that the President of the United States ought not to apply, since it is not believed he is disposed to apply to the contract of these parties, a rule of interpretation which could not have entered into the views of either of them in framing it It remains only to add that the agreement to refer to the President of the United States, the immediate representative of the party bound by the terms of the treaty, to pay what should be awarded, the decision of the question, how much should be paid, was made in the fulness of the confidence, which the people of Georgia have ever felt, and still feel, in the present chief magistrate of the Union. In the same spirit, and with the most entire confidence in the justice of the individual to whom this appeal is made, a review of that decision is now solicited. It is believed, by the memorialists, that the claims of the citizens of Georgia which were exhibited by her commissioners at the treaty of the Indian Springs, whether prov ded, or [Illegible Text] for by previous treaties, are protected by that treaty; and on proof of them individually, that they are enitled to allowance and payment out of the unappropriated fund, in the hands of the United States:and it is respectfully requested that the decision of this question maybe referred to the commissioners of the United States and of Georgia who negociated that treaty, or that such other mode may be adopted as, in the view of the President, shall be consistent with the just rights of the claimants. Approved, Dec. 22, 1823.

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Resolutions WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. IN THE HOUSE OF REPRESENTATIVES, Nov. 5, 1823. Resolved, That his excellency the Governor be requested to furnish one hundred copies of Prince's Digest of the laws of this state, for the use of the Legislature whilst in session. Approved, Nov. 7, 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 8, 1823. Resolved, That John M. Russel, William C. Wayne, Jacob Chadsom, and Edmund Maher, be and they are hereby appointed Notaries Public for the county of Chatham. Approved, Nov. 15, 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 10, 1823. Resolved, That Alexander W. Wiley, Jacob Rochenbaugh, and Byard E. Hand, be they are hereby appointed Notaries Public for the county of McIntosh. Approved, Nov. 15, 1823.

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IN THE HOUSE OF REPRESENTATIVES, Nov. 11, 1823. Resolved, That the Executive appointment of [Illegible Text] [Illegible Text] Esq. as a commissioner for the river Alatamaha, in the place of Scott Cray, Esq. resigned, be and the same is hereby confirmed. Approved, Nov. 15, 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 11, 1823. Resolved, That the Executive appointment of Dr. Charles West, as a commissioner for the river Alatamaha, in the place of Littleton Wyche, Esq. resigned, be and the same is hereby confirmed. Approved, Nov. 15, 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 11, 1823. Resolved, That the Executive appointment of Anson Kimb rly, Esq. as a commissioner of Pilotage for the port of Darien, in the place of Scott Cray, Esq. resigned, be and the same is hereby confirmed. Approved, Nov. 15, 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 12, 1823. Resolved, That Westly B. Thomas and Charles Carter, Esqs. of the city of Augusta, be and they are hereby appointed Notaries Public for the county of Richmond. Approved, Nov. 24, 1823.

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IN THE HOUSE OF REPRESENTATIVES, Nov. 15, 1823. Resolved, That the Comptroller General be and he is hereby required to lay before the General Assembly a statement of the amount for which the fractions in the counties of Walton, Gwinnett, Hall, Habersham and [Illegible Text] were sold, the amount of cash received by the commissioners, and the amount paid into the treasury by them. Approved, Nov. 24, 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 18, 1823. Resolved, That John Burch be and he is hereby appointed a Notary Public for the town of Washington and county of Wilkes. Approved, Dec. 1, 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 20, 1823. Resolved, That Wilkins Hunt, James S. Phillips, Thomas Watkins, Isaac [Illegible Text] and Henry H. Lumpkin be and they are hereby appointed commissioners of the academy for the county of [Illegible Text]. Approved, Dec. 1, 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 21, 1823. The select committee to whom was referred the petition of Isaac Horn, are of opinion that the prayer of the petitioner

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is reasonable and just, therefore respectfully submit the following resolution. R esolved, That the Executive be and he is hereby authorised and requested to pay Isaac Horn such expenses as shall satisfactorly appear to him to have been actually incured by the said Isaac Horn in [Illegible Text], securing and bringing the said James [Illegible Text] from Alabama to the county of Wilkinson in this state. Approved, Dec. 5, 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 21, 1823. R esolved, That his excellency the Governor be requested to lay before the legislature the measures, if any, which have been taken by the Executive under the authority of an act passed the twenty-third of December eighteen hundred and twenty-two, to authorise the opening of a road from the [Illegible Text] to the Florida line[Illegible Text] who were appointed to superintend the opening of said road, what instructions were given, how the work has been executed, how much money has been drawn from the [Illegible Text] on account of the same, and to whom paid. Approved, Dec. [Illegible Text], 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 22, 1823. R esolved, That Thomas H. Williams and [Illegible Text] [Illegible Text] [Illegible Text] be and they are hereby appointed Notaries Public for the county of [Illegible Text] ham. Approved, Dec. 5, 1823.

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IN THE HOUSE OF REPRESENTATIVES, Nov. 22, 1823. R esolved, That William H. Harper and Thomas J. Murray be and they are hereby appointed Notaries Public for the county of Lincoln. Approved, Dec. 5, 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 27, 1823. R esolved, That his excellency the Governor be and he is hereby requested to cause suits to be commenced forthwith against the commissioners and their securities, who sold the fractions in the counties of Walton, Gwinnett, Hall Habersham and Rabun, for the recovery of such [Illegible Text] a has been retained by the said commissioners, unless the money shall be paid over immediately. Approved, Dec. 5, 1823. IN THE HOUSE OF REPRESENTATIVES, Dec. 3, 1823. R esolved, That John Joyce, James [Illegible Text], Ezekiel Jernigan, Asa L. Renphro, and John S Gilder, be and they are hereby appointed commissioners of the Irwin county academy. Approved, Dec. 22, 1823. IN THE HOUSE OF REPRESENTATIVES, Dec. 5, 1823. R esolved, That his excellency the Governor be authorised, and he is hereby requested to cause, immediately on

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his approval of them, copies of all acts of this Legislature, which may be of a public nature, and in his opinion necessary, to be handed the state printer, for the purpose of having said acts printed with as little delay as possible. Approved, Dec. 17, 1823. IN THE HOUSE OF REPRESENTATIVES, Dec. 5, 1823. R esolved, That Allen McDonald, Silas Oquin, Drury Reddish. Boni Boyd, and Samuel E. Swilley, be and they are hereby appointed commissioners for the Appling County Academy. And be it further resolted, That John Johnson, Henry Hagen, John Roberson, Abraham Eason, and Reason F. Swilley, be and they are hereby appointed trustees for the same. Approved, Dec. 17, 1823. IN THE HOUSE OF REPRESENTATIVES, Nov. 8, 1823. R esolved, That Chesley McKenzie, Esq. be and he is hereby appointed a notary public for the county of Rabun. Approved, Nov. 15, 1823. IN THE HOUSE OF REPRESENTATIVES, Dec. 9, 1823. The Committee on Finance, to whom was referred his excellency the Governor's communication of the fifteenth November, relative to the fees to be allowed the different officers of government, on the transit of Fraction grants,

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have had the same under consideration, and beg leave to Report Whereas, doubts exist with regard to what [Illegible Text] fees are required on the transit of grants through the different offices for fractions, by the act passed the twenty-third of December, eighteen hundred and twenty two, authorising the sale of said fractions. Be it therefore resolved by the Senate and House of R epresentatives of the State of Georgia, in General Assembly met, That the payment of one dollar into the [Illegible Text], as Governor's fee, for the use of [Illegible Text] [Illegible Text], one dollar and twenty-five cents to the Surveyor-General, one dollar and fifty cents to the Secretary of State, twenty five cents to the Treasurer, twenty-five cents to the Comptroller General, and twenty five cents to the Governor's Secretaries, on the transit of each grant as aforesaid, making [Illegible Text] [Illegible Text] of four dollars and fifty cents for office fees, as [Illegible Text] by the before recited act be deemed a compliance with said act relative to office fees. Approved, Dec. 17, 1823. IN THE HOUSE OF REPRESENTATIVES, Dec. 9, 1823. The committee of finance to whom was [Illegible Text] the account of James Bozeman, late [Illegible Text] General for examining the sales books of the commissioners appointed to sell the fractions in the counties of Walton, Gwinnett, Hall, Habersham and Rabun, have had the same under consideration and recommend the following resolution. R esolved, That forty dollars be [Illegible Text] the late Comptroller-General for extra services in making calculations made in examining the report of the commissioners for selling the fractions in the year eighteen hundred and twenty-one, which said extra duty was imposed upon him by a joint resolution of the General Assembly, and that provision be made therefor in the appropriation law. Approved, Dec. 17, 1823.

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IN THE HOUSE OF REPRESENTATIVES, Nov. 10, 1823. R esolved, That William Beck, Solemon Worrill, James Neal, John F. Simmons and [Illegible Text] Beal be and they are hereby appointed commissioners of Wilkinson county academy, in lieu of those heretofore appointed. Approved, Nov. 15, 1823. IN THE HOUSE OF REPRESENTATIVES, Dec. 12, 1823. R esolved, That the Governor be and he is hereby requested during the ensuing summer to cause to be made such alterations and improvements in the seats of the Speaker and Clerk of this house as may make them correspond with the general character of the Hall and the [Illegible Text] thereof, and to arrange the seats of the members in such manner as to make them more commodious. Approved, Dec. 22, 1823. IN THE HOUSE OF REPRESENTATIVES, Dec. 12, 1823. R esolved, That both branches of the General Assembly will convene in the Representative chamber, at three o'clock this evening, for the purpose of electing a Major General of the seventh division, a [Illegible Text] of the third brigade of the sixth division, a Brigadier-General of the second brigade of the fifth division, a Brigadier General of the second brigade of the seventh division, and a Principal Keeper and three Inspectors of the Penitentiary. R esolved, That both branches of the General Assembly will convene in the Representative chamber on Tuesday next, at three o'clock, P. M. for the purpose of electing

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six Directors of the Bank of the State of [Illegible Text] [Illegible Text] the Bank of Darien, two for the Planters' [Illegible Text] [Illegible Text] part of this state, and one Judge of the [Illegible Text] [Illegible Text] Common Pleas and Oyer and Terminer for the city of Savannah. Approved, Dec. 12, 1823. IN THE HOUSE OF REPRESENTATIVES, Dec. 17, 1823. R esolved, That his excellency the Governor be authorised and required to appoint some fit and proper person to take charge of and rent out for the year eighteen hundred and twenty-four, the reservations of lands made to certain Creek Indian under the treaty at the Indian Springs, concluded on the twenty-first of January eighteen hundred and twenty-one, and which agreeable to said treaty have been forfeited, and the person so appointed shall receive for his services twenty-five per cent on the amount of said rents. Approved, Dec. 20, 1823. IN THE HOUSE OF REPRESENTATIVES, Dec. 15, 1823. Whereas a resolution has passed the Senate and House of Representatives declaring that some fit and proper person shall be appointed by the present legislature, to digest and arrange the English statutes that are of force in this statetherefore, R esolved by the Senate and House of Representatives, That William Schley be and he is hereby appointed to arrange and digest the English statutes that are now of force in this state, in conformity to the aforesaid resolution. Approved, Dec. 20, 1823.

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IN THE HOUSE OF REPRESENTATIVES, Dec. 18, 1823. The committee to whom was referred so much of the Governor's communication as relates to the militia [Illegible Text] of this state, for services rendered in the years [Illegible Text] [Illegible Text] and ninety two, three, and four, have taken the same into consideration, and beg leave to submit the following Report Your committee have directed their attention principally to the enquiry, whether the Senators and Representatives in Congress, from this state, would derive any aid in their efforts to establish those claims, by the appointment of an agent to assist in the collection and arrangement of such documents as they might consider necessaryand from a letter of one of the Senators in Congress, of this state, whose opinion upon this subject is entitled to the highest respect, your committee are of the opinion, that much good would result from the employment of an active individual at Washington city during the present session; and consider themselves fortunate in having it in their power to recommend a gentleman who was an officer at the time the service was rendered, and whose, evidence may become important in the establishment of those claims. They therefore submit the following resolution: R esolved, That John W. Hunter, Esq. be and he is hereby appointed agent, to co-operate with the Senators and Representatives in Congress from this state, in such measures as they may advise and direct, for the establishment of said claims, and that the sum of three hundred dollars be provided for in the appropriation law, for the purpose of defraying the [Illegible Text] of said agent, whilst he may remain at the seat of the national government. Approved, Dec. 20, 1823.

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IN THE HOUSE OF REPRESENTATIVES, Dec. 19, 1823. R esolved, That the inspectors and keeper of the Penitentiary be and they are hereby directed to have issued to the convicts a daily ration of meal, flour or bread, weighing two ounces more than the ration heretofore allowed to said prisoners. Approved, Dec. 22, 1823. IN THE HOUSE OF REPRESENTATIVES, Dec. 20, 1823. R esolved, That the Secretary of Senate and Clerk of the House of Representatives, and their under Clerks, be allowed three days extra time to bring up the unfinished business of their offices, and that they also employ assistance for the remainder of the session, to enroll bills, and that they be paid a reasonable compensation for the same, out of the contingent fund. Approved, Dec. 22, 1823. IN THE HOUSE OF REPRESENTATIVES, Dec. 20, 1823. R esolved, That the Inspectors and Principal Keeper of the Penitentiary be, and they are hereby authorised to make any arrangement they may deem necessary, to bring the convicts to the Penitentiary in the cheapest practicable way; and they are hereby authorised to employ such additional guard and assistants as may be necessary to effect the object contemplated; and the Judges of the Superior courts are hereby requested to co operate with the Inspectors and Keeper aforesaid, so far as may be necessary to carry into effect the objects of this resolution. Approved, Dec. 22, 1823.

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IN THE HOUSE OF REPRESENTATIVES, Dec. 18, 1823. The committee on the state of the republic to whom was referred a resolution from the House of Representatives, requesting them to inquire into and report the cause of the failure on the part of the contractor for conveying the mail, between the cities of Savannah and Augusta, Report: That they have taken the same under consideration, and upon inquiry, have ascertained that in the year eighteen hundred and twenty-two, a contract was entered into by John Fryer with the Postmaster-General of the United States, to carry the mail three times a week from the city of Savannah and Augusta, through Waynesborough, Jacksonborough and Ebenezer, for four years, commencing in the year eighteen hundred and twenty-two, and ending in the year eighteen hundred and twenty-six, and that some time since, as this committee have been informed and believes, the said contract was by the said John Fryer sold to Eleazer Early, Postmaster at Savannah, since which time the mail by that route has been conveyed but once a week, which is not only a matter of much inconvenience to the citizens of that section of the state, but an express violation of said contract. The committee therefore beg leave to recommend the following resolution. R esolved, That his excellency the Governor be requested to correspond with the Postmaster-General of the United States, for the purpose of ascertaining the causes of the failure of said contract. Approved, Dec. 22, 1823.

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INDEX. TITLES. Academies [Illegible Text] Appropriation 30 Burying Grounds 33 Census 36 Constitution 37 Churches 40 Clerks 41 Courts 46 Comptroller General 52 Counties 55 Divorces 64 Elections 70 Estrays 77 Grants 78 Judiciary 82 Land Lottery 92 Military 99 Navigation 102 Penitentiary 106 Roads, Bridges, and Ferries 107 Relief Laws 133 Sheriffs 153 Slaves 160 Towns 162 Taxes [Illegible Text] University 205 Resolutions of Senate 207 Resolutions of the House of Representatives 247

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A. ACADEMIES. Bank dividends divided among the, 3 Entitled to dividends on certain conditions, 229 Commissioners of the, how to be appointed 6 Of Jackson, Clark, Jasper, Morgan, Putnam, c. resolution concerning, 230 Academy, Philomathia incorporated 7 Of Elbert county, commissioners for appointed 8 Of [Illegible Text] Zion incorporated 8 , 9 Leaksville, do. 15 Of Glynn county suspended 17 Of Telfair county, incorporated 18 Of Mc Intosh county commissioners of, authorised to establish common schools 19 Of Hancock to receive its proportion of dividends 20 Farmers'name of changed 21 Walthourville, incorporated 22 Of Bryan and Pulaski, act incorporating the, amended 23 Harmony, incorporated 24 Of Madison county do 26 Of Clark county do 27 Eudisco do 28 Of Elbert county commissioners for the, appointed 207 Of Henry county, do do 211 Of De Kalb county, do do ib . Of Fayette county, do do ib . Of Houston county, do do 212 Of Pike county, do do 214 Of Bibb county, do do 215 Of Crawford county, do do 216 Of Early county, do do 221 Of Wilkinson county, resolution in favor of 227 Of Emanuel county, commissioners and trustees for, appointed 228 Of De Kalb county, trustees for, appointed 229 Of Monroe county, commissioners appointed 249 Of Irwin county, commissioners and trustees for, appointed 251 Of Appling county, commissioners and trustees for, appointed 252 Of Wilkinson county, commissioners for appointed 254 Appropriation made for 1824 30 Adjournment of courts provided for 48 Augusta concerning the mayor's court in, 49 Mechanics' society of, incorporated 173 Appling county district elections established in 70 Appeals from the court of Ordinary how to be tried 89 Adjutant -general his duties defined 100 [Illegible Text] river commissioners for the appointed 216 Executive appointment of commissioners for the approved 247

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Alatamaha and Turtle rivers canal 234 Report on the improvement of the 234 Alabama and Georgia concerning the dividing line between 222 Alapaha road from the, to the Florida line 236 B. Bank dividends divided among the county Academies, 3 At Maconauthorised to be established, 222 Resolution describing the reports they must hereafter make 226 Directorsresolution to elect 254 Baldwin county the citizens of authorised to establish common schools, 9 county academy, concerning the 23 24 do Inferior court of, authorised to levy an extra tax 202 Burying Grounds at Macon, an act concerning, 35 At Summerville, 33 Births an act concerning the recording of 45 Burke county concerning elections in 76 Bills of Exchange concerning 82 Bonds, official certified copies to be taken as evidence 88 Brigades Three new, laid off 99 Brigade Inspectors an act concerning, 100 Bridge, over the Lagoons at Barrington, 107 Toll over the Appalachie, authorised 125 Bryan county concerning the road laws in 130 Briar Creek report of the commissioners on the navigation of, 225 Business, unfinished of the Legislature, committee appointed to bring up 237 Unfinished of the Clerks, resolution concerning, 257 [Illegible Text], James resolution in favor of 253 C. Common Schools in Baldwin county, authorised 9 In Glynn county, do. 16 In McIntosh county, do. 19 Clark county academy, incorporated 27 Cemetery at Summerville, trustees of, incorporated 33 Census the taking of the, required 36 CONSTITUTION. To carry into effect the sixth section of the fourth article of the 37 To alter the second section of the second article of the 39 Of the United States, amendment to the, proposed 231 Collectors and Coroners concerning 38 Crawford county Inferior court of, authorised to convey a lot for house of worship, 42 CLERKS. Of the courtsconcerning 38 Of the Inferior courts, required to make returns of the county funds, 43

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Clerks of the courts of Ordinary, required to record births, 45 Of the two Houses, allowed three days to bring up the business of the Legislature, 25 COURTS. In the Flint Circuit, 46 [Illegible Text] of, provided for 48 Mayor's in Augusta, concerning the 49 Inferior in Teltair, time of holding 50 Elbert, concerning 50 Ocmulgee Circuit, time of holding fixed 51 In Decatur countytime of holding fixed [Illegible Text] Of Ordinaryconcerning appeals from 89 do concerning the adjournment of 90 Citizens of South Carolina, authorised to plead in the, on certain conditions, 186 Comptroller General duties of, defined 52 Required to lay before the Legislature, a statement of the fractions sold in Walton, c. [Illegible Text] Chatham county fines vested in the Inferior court of 55 Concerning the volunteer companies of 101 Concerning the road laws in 130 Chandler, Robert and Jane, divorced 64 Cheek, Levinia and William, divorced 69 Crow, John and Nancy, divorced ib. Camden county clerk of Inferior court of, authorised to pay persons for counting up the votes, 72 Concerning the road laws in 130 Copies certified of official bonds to be taken as evidence, 88 Covention between Georgia and South Carolina, ratified 102 Clark, Allen name changed to Owings, 148 Coroners and Inquests an act concerning 153 Compelled to give possession of real estate, 158 Clinton concerning the act of incorporation of 171 Clarksville the town of incorporated, 176 Clayton the town of, incorporated, 196 Canal from St. Mary's to Suwana, 208 From Alatamaha to Turtle river, resolution concerning, 234 Crawford, William H. resolution recommending him to the Presidency, 211 Claims against the Creek Indians report on the 240 Against the United States for militia servicesresolution concerning the 256 D De Kalb county concerning the boundary of 56 concerning elections in 73 Decatur county to organize 57 The town of incorporated 169 DIVORCES. Robert and Jane Chandler 64 Jane and James Harral 65

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Divorces Delitha and Richard Garner 66 Bethenia and Andrew Fulwood 67 William and Mary Scott ib. Sarah and Stephen G. Heard 68 Lavinia and William Cheek 69 John and Nancy Crow ib. Deeds of conveyance concerning their admission as evidence 87 Dormant judgments concerning the revival of 91 Draws of fractions legalized 92 Darien hussars concerning 99 Executive appointment of a commissioner of the pilotage of approved 248 Division seventh, Georgia militia created 99 Inspectors, an act concerning 100 Davis Thomas for the relief of the representatives of 133 Baxterfor the relief of 134 Williamhis name changed to Sheffield 142 Nancyname changed to Miller 149 Debtors honest for the relief of 137 Dickson Michael a fine incurred by, remitted 147 Dregors Andrew name changed to Owings 148 Dooly county the site of the public buildings incorporated 190 Desjardins, Francis his name changed to Truchelut, 144 E. Elbert county academy commissioners for, appointed 8 courtan act concerning 50 Eudisco academy incorporated 28 Early county an act to divide 63 district elections established in [Illegible Text] ELECTIONS. Of Governor, concerning 39 District, established in Telfair, Early and Appling 63 In Camden county, an act concerning 72 In Hall, Richmond, Henry, De Kalb, Gwinnett and Franklin 73 In Burke, Habersham and Rabun 76 Estrays an act concerning 77 Exchange bills of concerning 82 Evidence concerning certain documents 87 Escapes from the Penitentiary, an act concerning 106 Effingham county road laws 132 Emanuel county, concerning the old court house and jail of 145 English statutes resolution concerning the compilation of 209 Compiler of appointed 255 Electors of President resolution concerning the appointment of 216

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F Farmers' Academy name of changed 21 Flint Circuit courts in the 46 Franklin county part of, added to Madison 55 Concerning elections in 73 Fulwood, Bethenia and Andrew, divorced 67 Fractions certain draws of, legalised 92 Unsold in Walton, Habersham, Hall, Gwinnett and Rabun 94 Drawn forthe commissioners ordered to suspend the sale of 216 Resolution establishing the fees on grants for 252 FERRY on Flint River, established 113 On the Ocmulgee, in Hartford, do ib. At Silver Bluff, established 115 On fraction No. 242, 15th district Houston county, do 120 On fraction No. 216, 1st district Dooly county, do ib. On fraction No. 228, 15th district, Dooly county, do 121 On fraction No. 238, 15th district, do do do 122 Key's, on the Ocmulgee, do 121 Blake's, on the Chatahoochie, do 122 Jones', on the Altamaha, do ib. Joseph Hardy's, in Jasper county do 126 Mrs. Gresham's, in Clarke county do ib. At Fort Barrington, do 128 Fickling, Young G. W. and Caroline S. their names changed to Burk, 143 Fayetteville the town of, incorporated 178 Forsyth the town of, incorporated 198 [Illegible Text] William resolution concerning 224 [Illegible Text] grants for fractions. established 253 G. Garner Richard and Delitha divorced 66 Gwinnett county, concerning election in 73 fractions in, to be sold 94 lots No. 10 and 100 do 96 GRANTS. On head rights and bounty warrants [Illegible Text] Do do do 80 Signed by Simon Whitaker legalized 76 To land in Wilkinson, the price of 79 In land lottery of 1818 and 1821, time for taking out extended 97 Do do do fees of reduced ib. For fractions, fees on established 253 Guardians required to give bond and security 85 Garnishment an act concerning 85 Glynn county concerning the road laws in 130

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[Illegible Text] William to legitimatise 142 Gainsville the town of incorporated 175 Georgia Justice resolution concerning 235 GOVERNOR. Election of 39 Resolution for the election of 207 Requested to furnish Georgia Justice and Prince's Digest to new counties 207 Requested to have a survey made between St. Mary's and Suwana 209 Authorised to subscribe for [Illegible Text] copies of the statutes of England 210 Requested to have the line run between Georgia and Alabama 222 Requested to suspend the mortgage fi. fa. against certain fractions 224 Requested to demand an account of the proceedings of the commissioners of Briar Creek, c. 225 Requested to have blinds made for the windows of the state house 227 Authorised to cause Wilkinson county to be [Illegible Text] from a charge for confiscated property 228 Requested to use his exertions to procure a further cession of lands by the Indians 228 Requested to ascertain from the steam boat company a certain fact 233 Requested to contract for the reprinting of the Georgia Justice [Illegible Text] Requested to obtain a statement concerning the Alapaha road 237 Requested to furnish 100 copies of Prince's digest for the use of the legislature 247 Requested to lay before the legislature information relating to the Alapaha road 250 Requested to commence suits against the commissioners who sold the fractions in Walton, Gwinnett, Hall and Habersham 251 Requested to have the acts of a general nature published in the state paper 252 Requested to make certain improvements in the representative hall 254 Requested to appoint some person to rent out Indian reserves forfeited to the state 255 Requested to correspond with the Postmaster-General, in relation to the transportation of the mail between Savannah and Augusta 258 H. Hancock county academy, authorised to receive its proportion of dividends 21 Sheriff sales of, legalised 159

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Harmony Academy, incorporated 24 Henry county Inferior court of, to convey a lot for houses of worship, 41 Concerning elections in 73 Harrel, Jane and James, divorced 65 Heard, Nancy and Stephen G. divorced 68 Hall county concerning elections in 73 Fractions in, to be sold 94 Lots Nos. 10 and 100, to be sold 96 Inferior court of, authorised to remit a fine 147 Habersham county concerning elections in 76 Fractions in, to be sold 94 Lots Nos. 10 and 100, to be sold 96 Habeas Corpus concerning the granting of 90 Hussars, [Illegible Text] concerning 99 Hartford ferry at, established 113 Harris, [Illegible Text] T. authorised to practice in the courts of justice 141 Stephen L.addition to his name 149 Ham, Annher name changed to Hambleton 162 Hall, Isaac an act for the relief of 144 Health Officer and Harbor Master of Savannah concerning the appointment of 192 Horn, Isaac resolution in favor of 249 I. J. Irwin county concerning the commissioners of the court-house and jail of 62 Inquests and coroners an act concerning 153 Indian Lands memorial and remonstrance concerning 217 Indian Claims report on the 240 Joint Obligors concerning actions against 83 Judgments, dormant concerning the revival of 91 Jefferson county concerning roads in 110 Jeykel and St. Simons, do do 111 Jacksonborough the village of, incorporated 184 Journals of the House of Representatives and Senate resolution authorising indexes to be made for the 231 K. Knoxville incorporated 170 L. Lumber Measurers how appointed 6 Leaksville Academy, incorporated 15 Liberty county concerning the road laws in 130 Lawrenceville concerning the duties of the commissioners of 163 Lands, Indian memorial and remonstrance concerning 217 Resolution concerning 229 Line, between Georgia and Alabama 222

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M. Mount Zion academy incorporated 8 , 9 Mc Intosh county authorised to establish common schools. 19 County academy, concerning the 24 Countycoscerning the jail of 61 Countyconcerning the road laws in 130 Madison county academy incorporated 26 Countypart of Franklin county added to 55 MACON. Concerning burying grounds at 35 The town of incorporated 162 Forty lots in, authorised to be sold 178 Proceeds of public property appropriated for the benefit of [Illegible Text] Milledgeville commissioners of authorised to convey a lot for parsonage 40 Morgan and Newton the line between defined 61 Minors property of, secured against the misconduct of their guardians 84 Mortgage concerning the admission of deeds of as evidence 87 Militia claims resolution concerning 256 New brigades and division of 99 Officersresolution to elect [Illegible Text] Mechanics' society of Augusta incorporated 173 Marion concerning the act of incorporation of 183 Mc Donough the town of, incorporated 188 Mails, from Savannah to Augusta resolution concerning the 258 N. NOTARIES PUBLIC How appoined, 6 For Chatham county appointed 208 , [Illegible Text] , 247 , 250 For Richmond do do 208 , 248 For Bulloch do do 212 For Clark do do [Illegible Text] For Scriven do do [Illegible Text] For Bibb do do 21 For Henry do do 221 For Fayette do do 223 For McIntosh do do 247 For Washington, Wilkes county, appointed 249 For Lincoln [Illegible Text], appointed [Illegible Text] For Rabun do do [Illegible Text] Newton and Morgan the line between, defined [Illegible Text] countylots 10 and 100, to be sold in [Illegible Text] Nesbit, Eugenius A. authorised to plead and practice law in the courts [Illegible Text] Newnan the town of, incorporated 186

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O. Ocmulgee Circuit time of holding courts in, altered 51 Obligors, Joint an act concerning 83 Ordinary concerning appeals from the court of 89 concerning the opening and adjournment of 90 Osborn names of several persons so called, changed to Newsom 152 Oconee navigation commissioners for the, appointed 224 Report on the improvement of the 238 P. Poor school fund, divided among the county academies 3 Philomathia academy incorporated 8 Penitentiary, escapes from the 106 Resolution concerning rations to convicts 257 Resolution concerning the transportation of convicts to the 257 Postell, Edward P. admitted to plead and practice in the courts of Georgia 147 Patrol laws in Savannah, concerning the 161 Perry the town of incorporated 172 Presidency resolution recommending William H. Crawford to the 211 President resolution concerning the appointment of electors of 213 Memorial and remonstrance to on the subject of Indian lands 217 Printing the public, contracted for 214 Of 300 copies of the treasurer's abstract 214 R. Richmond county concerning election in 73 Concerning roads in 100 For the relief of part of the inhabitants of 135 Rabun county concerning elections in 76 Fractions in, to be sold 94 Lots Nos. 10 and 100, to be sold 96 Road, near Satilla river concerning the working of 108 In Richmond and Jefferson, concerning 110 Across the Big Buffaloe, established 116 Turnpike across Buffalo, in Washington, established 117 In Camden county, authorised 127 From the Alapaha to the Florida line, report concerning the 236 Richardson, L. authorised to establish a ferry, 113 Road Laws in Camden, Chatham, Liberty, McIntosh and Glynn counties, 13 In [Illegible Text] county, concerning 132 Robinson, James an act to carry into effect the last will and testament of 146

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S. Summerville the trustees of the cemetery at, incorporated 33 SHERIFFS. An act concerning [Illegible Text] Required to attend the sitting of the courts of Ordinary 90 Required to sell lots Nos. 10 and 100 96 Do do fractional surveys, c. 94 Compelled to deliver possession of real estate sold 158 Sales of Hancock county legalized 159 Savannah river convention concerning the navigation of ratified 102 Concerning the patrol laws of 161 Concerning the health officer and harbour master of 192 Rivercommissioners for the appointed 215 St. Simons concerning roads on 111 Silver Bluff ferry at established 115 South Carolina citizens of the state of, authorised to plead in the courts of Georgia on certain conditions 136 Stewart Amos name of changed to Attaway 142 Slaves an act concerning their government 160 St. Mary's the act of incorporation of, altered 193 State house officers resolution concerning the election of 214 Solicitor general of the Ocmulgee circuit required to prosecute a certain suit to judgment 224 Steam-boat company resolution concerning the charter of the 233 Schley William, appointed to compile the English statutes of force in this state 255 Scott William and Mary divorced 68 T. Telfair county Academy incorporated 18 Inferior court of, time of holding, fixed 50 Election districts established in 70 Testimony an act concerning the taking of 83 Tugalo River convention concerning the navigation of, ratified 102 Report on the improvement of 239 Turnpilce across Buffaloe, established 117 Washingtonact of incorporation of, amended 119 Over Ogechee causeway, concerning 124 Tax for the year eighteen hundred and twenty-four 201 ExtraInferior court of Baldwin county authorised to levy an 202 Act of eighteen hundred and fivepart of the, repealed 203 ExtraInferior court of Glynn county authorised to levy an 204 Treasury report on the state of the 223 Treasurer authorised to allow a credit to certain academies 230

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U. University Land relief granted to the purchaser of a certain lot of 152 University seats of the trustees of, vacated under certain circumstances 205 V. Vendue Masters how appointed 6 For the town of Macon, appointed 224 Volunteer Companies of Chatham an act concerning 101 W. Walthourville Academy, incorporated 22 Wilkinson county grants to land in, price of 79 Whitaker, Simon his signature of grants, legalized 78 Walton county Fractions in to be sold 94 do do do 217 Lots Nos. 10 and 100 do 96 Washington Turnpike act incorporating the, amended 119 Wayne county public buildings of removed. 150