Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia LOUISVILLE:: AMBROSE DAY [Illegible Text] 18020600 English

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: PASSED AT THE SESSIONS OF JUNE AND NOVEMBER, 1802, 18020600 18021100 LOUISVILLE: PRINTED BY AMBROSE DAY [Illegible Text] PRINTERS TO THE STATE. [Illegible Text]

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ACTS OF THE STATE OF [Illegible Text] AN ACT To ratify and confirm certain articles of agreement and cession entered into on the 24 th day of April 1802, between the Commissioners of the State of Georgia on the one part, and the Commissioners of the United States on the other part. WHEREAS the Commissioners of the State of Georgia, to wit: James Jackson, Abraham Baldwin, and John Milledge, duly authorized and appointed by, and on the part and behalf of the said State of Georgia; and the Commissioners of the United States, James Madison, Albert Gallatin, and Levi Lincoln, duly authorized and appointed by, and on the part and behalf of the said United States, to make an amicable settlement of limits, between the two Sovereignties, after a due examination of their respe[UNK]ctive powers, did, on the 24th day of April last, enter into a deed of articles, and mutual cession, in the words following, to wit: ARTICLES of agreement and cession, entered into on the twenty-fourth day of April, one thousand eight hundred and two, between the Commissioners appointed on the part of the United States, by virtue of an a[UNK]ct [Illegible Text], An a[UNK]ct for an amicable settlement of limits

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with the State of Georgia, and authorizing the establishment of a Government in the Mississippi Territory; and of the a[UNK]ct supplemental to the last mentioned a[UNK]ct on the one part; and the Commissioners apponted on the part of the State of Georgia, by virtue of an a[UNK]ct entitled, An a[UNK]ct to carry the twenty-third fe[UNK]ction of the first article of the Constitution into effe[UNK]ct, and of the a[UNK]ct to amend the last mentioned a[UNK]ct on the other part. ARTICLE I. THE State of Georgia cedes to the United States, all the right, title and claim, which the said State has to the jurisdi[UNK]ction and soil situated within the boundaries of the United States, south of the State of Tennessee, and west of a line beginning on the western bank of Chatahouchie River, where the same [Illegible Text] the boundary line between the United States and Spain, running thence up the said River Chatahouchie, and along the western bank thereof, to the great bend thereof, and next above the place where a certain creek or river called Uchee, (being the first considerable stream on the western side, above the Cussetas, and Coweta towns,) empties into the Chatahouchie River; thence in a dire[UNK]ct line to Nickajack, on Tennessee River, then crossing the said last mentioned river, and thence running up the said Tennessee River, and along the western bank thereof, to the southern boundary line of the State of Tennessee, upon the following express conditions, and subje[UNK]ct theretothat is to say: FIRSTThat out of the first nett proceeds of the sales of the lands thus ceded, which nett proceeds shall be estimated by dedu[UNK]cting from the gross amount of sales, the expences incurred in surveying, and incident to the sale, the United States shall pay at their treasury, one million two hundred and fifty thousand dollars, to the State of Georgia, as a consideration for the expences incurred by the said state, in relation to the said territory; and for the better securing as prompt a payment of the said sum as is pra[UNK]cticable, a land office for the disposition of the vacant lands thus ceded, to which the Indian

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title has been, or may hereafter be extinguished, shall be opened within a twelvemonth, after the assent of the State of Georgia to this agreement, as hereafter stated shall have been declared. SECONDLYThat all persons who, on the twenty-second day of O[UNK]ctober one thousand seven hundred and ninety-five were a[UNK]ctual settlers within the territory thus ceded, shall be confirmed in all the grants, legally and fully executed prior to that day, by the former British Government of West Florida, or by the Government of Spain, and in the claims which may be derived from any a[UNK]ctual survey, or settlement made under the a[UNK]ct of the State of Georgia, entitled, An a[UNK]ct for laying out a distri[UNK]ct of land situate on the River Mississippi, and within the bounds of this state, into a county to be called Bourbon, passed the seventh day of February, one thousand seven hundred and eighty-five. THIRDLYThat all the lands ceded by this agreement to the United States, shall after satisfying the above mentioned payment of one mllion two hundred and fifty thousand dollars to the State of Georgia, and the grants recognized by the preceding condition, be considered as a common fund for the use and benefit of the United States, Georgia included, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatever. Provided however, that the United States for the period and until the end of one year after the assent of Georgia to the boundary established by this agreement shall have been declared, may in such manner as not to interfere with the above mentioned payment to the state of Georga, nor with the grants heren before recognized, dispose of or appropriate a portion of the said lands not exceeding five millions of acres, or the proceeds of the said five millions of acres, or of any part thereof for the purpose of satisfying, quieting or compensating for any claims other than those herein before recognized, which may be made to the said lands or to any part thereofit being fully understood that if an a[UNK]ct of Congress making such disposition

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or appropriation, shall not be passed into a law within the above mentioned period of one year, the United States shall not be at liberty thereafter to cede any part of the said lands on account of claims which may be laid to the same other than those recognized by the preceding condition, nor to compensate for the same; and in case of any such cession or compensation the present cession of Georgia to the right of the soil thus [Illegible Text] or compensated for shall be considered as null and void, and the lands thus ceded or compensated for shall revert to the state of Georgia. FOURTHLYThat the United States shall at their own expence extinguish for the use of Georgia, as early as the same can be peaceably obtained on reasonable terms, the Indian titles to the County of [Illegible Text], to the lands left out by the line drawn by the Creeks in the year one thousand seven hundred and ninety eight, which had been previously granted by the state of Georgia; both whch tra[UNK]cts had formerly been yielded by the Indians; and to the lands within the forks of the Oconee and Oakmulgee Rivers; for which several obje[UNK]cts the President of the United States has dire[UNK]cted that a treaty shall be immediately held with the Creeks, and that the United States shall in the same manner extinguish the Indian title to all the other lands withn the state of Georgia. FIFTHLYThat the Territory thus ceded shall form a state, and be admitted as such into the Union, as soon as it shall contain sixty thousand free inhabitants, or at an earlier period if Congress should think it expedient, on the same conditions and restri[UNK]ctions, with the same privileges and in the same manner as is provided in the ordinance of Congress of the thirteenth day of July, one thousand seven hundred and eighty-seven, for the Government of the Western Territory of the United States, which ordnance shall in all its parts extend to the Territory contained in the present A[UNK]ct of Cession, that article only excepted whch forbids slavery.

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ARTICLE II. THE United States accept the cession above mentioned and on the conditions therein expressed, and they cede to the State of Georgia whatever claims, right or title they may have to the jurisdi[UNK]ction or soil of any of the lands lying within the United States and out of the proper boundaries of any other States, and situated South of the Southern boundaries of the States of Tennessee, North and South-Carolina, and East of the boundary line herein above described as the Eastern boundary of the Territory ceded by Georgia to the United States. ARTICLE III. THE present a[UNK]ct of cession and agreement, shall be in full force as soon as the Legislature of Georgia shall have given its aslent to the boundaries of this cession. Provided, that the said assent shall be given within six months after the date of these presents; And provided, that Congress shall not during the same period of six months repeal so much of any former law as authorizes this agreement, and renders it binding and conclusive on the United States. But if either the assent of Georgia shall not be thus given, or if the law of the United States shall be thus repealed within the said period of six months, then and in either case these presents shall become null and void. IN faith hereof, the respe[UNK]ctive Commissioners have signed these presents, and affixed hereunto their seals. Done at the city of Washington, in the Distri[UNK]ct of Columbia, this twenty-fourth day of April, one thousand eight hundred and two. Commissioners on the part of the U. States. JAMES MADISON, (L S.) ALBERT GALLATIN, (L. S.) LEVI LINCOLN, (L. S.) Commissioners on the part of Georgia. Witnesses, JAMES JACKSON, (L. S.) ABRAHAM BALDWIN, (L. S.) JOHN MILLEDGE, (L. S.)

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Witnesses, J. FRANKLIN, Senator of the U. S. from North-Carolina. SAM. A. OTIS, Secretary of the Senate of the United States. JOHN BECKLEY, Clerk of the House of Representatives of the U. States. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met and by the authority thereof, That the said Deed or Articles of Agreement and Cession, be and the same hereby is and are fully, absolutely and amply ratified and confirmed in all its parts, and hereby is and are declared to be binding and conclusive on the said State, her Government and Citizens forever. ABRAHAM JACKSON, Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, Jun. Governor. Assented to June 16th, 1802. AN ACT Authorising the Ele[UNK]ctors in the several counties in this State. to ele[UNK]ct four persons to represent them in the House of Representatives of the United States. WHEREAS by the late enumeration of the inhabitants of the United States, this State is entitled to four members in the House of Representatives of the United States. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That at the General Ele[UNK]ction which shall be held for members of the State Legislature, on the first Monday in O[UNK]ctober next, and at every second General Ele[UNK]ction thereafter, the Ele[UNK]ctors at such ele[UNK]ctions shall be entitled to vote for four persons to represent this State, in the

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House of Representatives of the United States, under such rules and regulations, as are prescribed by the election laws of this State now in force. ABRAHAM JACKSON, Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. JOSIAH TATTNALL, Jun. Governor. Assented to June 16, 1802. AN ACT To authorise Redden and Malachi Moye to bear the name of Denmark. WHEREAS Redden and Malachi Moye, have generally been called and known by the names of Redden and Malachi Denmark, and under those names have made various contra[UNK]cts and engagements: And whereas, it is their [Illegible Text] and desire to bear the name of Denmark, and to be authorised and confirmed therein by law. BE it therefore ena[UNK]cted by the Senate and Huse of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the said Redden and Malachi, be fully authorised to bear, use and retain the name of Denmark, and they are hereby confirmed therein. And all contra[UNK]cts and engagements made by them or either of them under that name, shall be equally valid to all intents and purposes, as if the same had been or were made in the name of Moye, anything to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 18, 1802.

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AN ACT To quet the claim of James Gunn, to the Estates, real and personal, of General James Gunn, deceased. WHEREAS it has been represented to this Legislature, that Brigadier General James Gunn, died testate; and it appearing from the strongest [Illegible Text] testimony, that he left a Will and Testament, but that the same has been lost or destroyed, so that there is no probability of its being found: And whereas it also appears to have been the wish, desire and intention, of the said General James Gunn, that his nephew, James Gunn, of the State of Virginia, should inherit, possess and enjoy, his estate, real and personal. SECTION 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby ena[UNK]cted by the authority of the same, That all the [Illegible Text], both real and personal, of the said Brigadier General James Gunn, and whch he died possessed of, or was entitled to in this State, shall go to and be vested in the said James Gunn, (the nephew of the said Brigadier General James Gunn,) to hold to him, his heirs and assigns, for ever; subje[UNK]ct nevertheless, to the payment of all just debts, due and owing from the estate of the said Brigadier General James Gunn. SEC. 2. And be it further ena[UNK]cted, That all suits, or proceedings in law or equity, in which this State may be a party, touching the said estate, real and personal, of the said Brigadier General James Gunn, under or by virtue of the Escheat Law, passed last session, shall cease, determine, and be utterly null and void, any thing in the Escheat Law contained to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to November 22, 1802.

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AN ACT To secure to Nathaniel Twining, his heirs and assigns, for the term of ten years, the sole and exclusive right of running a line of Stage Carriages, between the City of Savannah and Town of St. Mery's. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That Nathaniel Twining, his heirs and assigns shall have the sole and exclusive right of running a line of Stage Carriages for the conveyance of Passengers and their baggage, between the City of Savannah and Town of St. Mary's n this State, by way of Darien, or such other rout as the post-road from one place to the other may be established and laid out, for the term of ten years, to commence on the first day of January, which will be in the year of our Lord one thousand eight hundred and three. SEC. 2. And whereas, there is not at present a convenient post-road leading from the Town of Darien to the Town of St. Marys: Be it therefore further ena[UNK]cted by the authority aforesaid, That the said Nathaniel Twining, his heirs and assigns, shall have the sole and exclusive right of conveying Passengers and their baggage for hire, between the said Town of Darien and St. Mary's by water, until a post-road is laid out and established from the said Town of Darien to St. Mary's, or until a post-road is laid out and established from the City of Savannah to the Town of St. Mary's, by some other rout, than that by Darien. SEC. 3. And be it further ena[UNK]cted, That if any person or persons shall within the said term of ten years, presume to run any Stage Carriage or Carriages, in any manner for fare or hire, between the places aforesaid, or shall presume to convey any Passengers by water for fare or hire, between the Town of Darien and St. Mary's, so as to abridge the right granted by this A[UNK]ct to the said Nathaniel Twning, without the consent or

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concurrence of the said Nathaniel Twning, under his hand and [Illegible Text] first obtained, every such person or persons so offending shall forfeit and pay to the said Nathaniel Twining, his heirs and assigns, double the amount of the sum demanded or received by such person or persons, to be recovered by the said Nathaniel Twining, or his legal representatives by a[UNK]ction of debt, before any Magistrate or Court having cognizance thereof. Provided nevertheless, That the said Nathaniel Twining, shall within the term of five months from the passing of this a[UNK]ct, commence and put in pra[UNK]ctice the running the said line of Stage Carriages, and also commence and put in pra[UNK]ctice the Water Carriage aforesaid, and continue the same at least once a week, between the said places, and to the end of the time aforesaid. Provided, that the said Nathaniel Twining, do give bond to his Excellency the Governor, in the sum of three thousand dollars, with good and sufficient security, for the running of Stages for the aforesaid term. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 25, 1802. AN ACT To vest Nichol Turnbull, with the exclusive right of keeping a Ferry from New Deptford, to the Carolina Side of the River Savannah, when the New [Illegible Text] Road will strike the same. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That a Public Ferry shall be, and the same is hereby established,

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upon Savannah River, from the plantation of Nichol Turnbull, to the place when the public road leading from Charleston through Tunbridge to Savannah shall strike the said river on the opposite side; which said Ferry, is hereby vested in the said Nichol Turnbull, his heirs, executors, administrators and assigns, for the term of ten years next ensuing the passing of this a[UNK]ct. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That the said Nichol Turnbull, his heirs, executors, administrators and assigns, shall be, and they are hereby required, to keep in repair the road and causeway on his plantation aforesaid, leading to Savannah River, and to provide and keep, one or more good and substantial boat or boats, fit to carry six horses at the least, and one white man, as also a sufficient number of slaves or servants, to attend the said Ferry, as well by night as by day, to carry over the said passengers, their servants, slaves, horses, cattle, carriages, c. and that it shall and may be lawful to, and for the said Nichol Turnbull, his heirs, executors, administrators and assigns, as aforesaid, to ask, demand, and receive, for the said ferriage, the several prices and rates following, and no more, that is to say:For every post traveller, thirty-seven and an half centsFor each person and horse, sixty-two and an half centsFor every wheel carriage per wheel, thirty-seven and an half centsFor every single horse, fifty centsFor neat cattle per head, thirty-seven and an half centsFor calves, goats, sheep or hogs, each, twelve and an half cents. SEC. 3. And be it further ena[UNK]cted, That in case any person or persons, going to the said Ferry, in order to pass the same, shall, after tendering the [Illegible Text] as settled by this a[UNK]ct, meet with delay, proceeding from negligence or other improper condu[UNK]ct, in not giving the due attendance requred by this a[UNK]ct, the said Nichol Turnbull, his heirs, executors, administrators and assigns, shall forfeit and pay for every time such delay shall happen to the person or persons so delayed, a sum not exceeding three dollars for every hour, to be recovered upon proof

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concurrence of the said Nathaniel Twning, under his hand and seal first obtained, every such person or persons so offending shall forfeit and pay to the said Nathaniel Twining, his heirs and assigns, double the amount of the sum demanded or received by such person or persons, to be recovered by the said Nathaniel Twining, or his legal representatives by a[UNK]ction of debt, before any Magistrate or Court having cognizance thereof. Provided nevertheless, That the said Nathaniel Twining, shall within the term of five months from the passing of this a[UNK]ct, commence and put in pra[UNK]ctice the running the said line of Stage Carriages, and also commence and put in pra[UNK]ctice the Water Carriage aforesaid, and continue the same at least once a week, between the said places, and to the end of the time aforesaid. Provided, that the said Nathaniel Twining, do give bond to his Excellency the Governor, in the sum of three thousand dollars, with good and sufficient security, for the running of Stages for the aforesaid term. ABRAHAM JACKSON, Speaker of the Hause of Representatives, DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 25, 1802. AN ACT To vest Nichol Turnbull, with the exclusive right of keeping a Ferry from New Deptford, to the Carolina Side of the River Savannah, when the New Charleston Road will strike the same. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That a Public Ferry shall be, and the same is hereby established,

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upon Savannah River, from the plantation of Nichol Turnbull, to the place when the public road leading from Charleston through Tunbridge to Savannah shall strike the said river on the opposite side; which said Ferry, is hereby vested in the said Nichol Turnbull, his heirs, executors, administrators and assigns, for the term of ten years next ensuing the passing of this a[UNK]ct. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That the said Nichol Turnbull, his heirs, executors, administrators and assigns, shall be, and they are hereby required, to keep in repair the road and causeway on his plantation aforesaid, leading to Savannah River, and to provide and keep, one or more good and substantial boat or boats, fit to carry six horses at the least, and one white man, as also a sufficient number of slaves or servant, to attend the said Ferry, as well by night as by day, to carry over the said passengers, their servants, slaves, horses, cattle, carriages, c. and that it shall and may be lawful to, and for the said Nichol Turnbull, his heirs, executors, administrators and assigns, as aforesaid, to ask, demand, and receive, for the said ferriage, the several prices and rates following, and no more, that is to say:For every post traveller, thirty-seven and an half centsFor each person and horse, sixty-two and an half centsFor every wheel carriage per wheel, thirty-seven and an half centsFor every single horse, fifty centsFor neat cattle per head, thirty-seven and an half centsFor calves, goats, sheep or hogs, each, twelve and an half cents. SEC. 3. And be it further ena[UNK]cted, That in case any person or persons, going to the said Ferry, in order to pass the same, shall, after tendering the ferrage as settled by this a[UNK]ct, meet with delay, proceeding from negligence or other improper condu[UNK]ct, in not giving the due attendance requred by this a[UNK]ct, the said Nichol Turnbull, his heirs, executors, administrators and assigns, shall forfeit and pay for every time such delay shall happen to the person or persons so delayed, a sum not exceeding three dollars for every hour, to be recovered upon proof

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thereof, before any justice of the peace for the County of Chatham, by warrant under the hand and seal of the said justice: Provided, that the person so delayed, shall make complaint within one month next after such delay shall have happened; and all former a[UNK]cts relating to the said Ferry, shall be are hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 25, 1802. AN ACT To amend an a[UNK]ct, entitled, An a[UNK]ct to authorise John Martin Dasher, to keep open and improve the Navigation of Ebenezer Mill Creek, and ere[UNK]ct Mills thereon. WHEREAS a number of the inhabitants of the County of [Illegible Text], have petitioned this Legislature, to amend an a[UNK]ct passed the first day of December 1801, entitled, An a[UNK]ct to authorise John Martin Dasher, to keep open and improve the navigation of Ebenezer Mill Creek, and ere[UNK]ct Mills thereon. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the said John Martin Dasher, shall, within nine months after the passing of this a[UNK]ct, prepare a way, by which rasts fifteen feet wide, if necessary, or boats, may pass up and down the said Creek; and in case of failure therein, after a demand, he shall forfeit and pay to the person or persons so detained, for the first day, one dollarfor the second day, two dollarsand for the third day, four dollarsand so on in equal proportion for every day they may be detained, to be recovered by a[UNK]ction of debt or otherwise,

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in any court having cognizance thereof, at the instance of such party. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT Supplementary to the Judiciary A[UNK]ct. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georga, n General Assembly met, and by the authority of the same, That the Judges of the Superior Courts, shall not, in any case whatever, withhold any grant, deed, or other document from the Jury, under which any party in a case may claim title, except such evidence of title as may be bared by the a[UNK]ct of limitaton. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To establish a Fund for the Redemption of the Public Debt of this State. WHEREAS justice and good faith require, that the outstanding debts due by this State should be paid off and discharged.

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SEC. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georga, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this a[UNK]ct, all debts due to this State by bond or otherwise, for confiscated property, and all confiscated property yet remaining unsold, and not otherwise specially appropriated, shall be established and set apart as a Fund for the paying and redeeming the Public Debts due by this State; and all monies hereafter colle[UNK]cted for confiscated property, shall be deposited in the Treasury of this State, and the Treasurer shall annually pay to each creditor, his attorney, agent or representative, a just proportion of his debt or demands against this State, in proportion to the whole of the demands; and the quantity of money received as aforesaid, and until all the Public Debt is paid off and discharged. SEC. 2. And be it further ena[UNK]cted, That James Bird, William Robertson, and Hines Holt, be and they are hereby appointed Commissioners, and they or a majority of them are hereby authorised to sell and dispose of all such confiscated property, as yet remains unsold, and also of all such confiscated property that has or may revert to the State, on account of the terms of former sales not being complied with; and the said Commissioners are hereby authorised to receive is payment, any cash demands against this State, which have been liquidated by the Comptroller General, (Wade, and O'Brian's certificates excepted.) Provided, that they and each of the Commissioners aforesaid, do give bond and security to his Excellency the Governor, in the sum of ten thousand dollars, for the faithful discharge of their duty. SEC. 3. And be it further ena[UNK]cted, That all sales of property made by virtue of this a[UNK]ct, shall be at the Seat of Government of this State, and between the hours of twelve and three o'clock in the afternoon, and that the same shall be advertised at least six months in one of the Public Gazettes in each Distri[UNK]ct of this State, and at the Court House in the County where the property lies.

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SEC. 4. And be it further ena[UNK]cted, That the said Commissioners shall be allowed at and after the rate of two and an half per centum each, on all property by them sold, in virtue of this a[UNK]ct, as a compensation for ther services: Provded nevertheless, that the sad Commissioners shall not be authorised to sell by virtue of this a[UNK]ct, any lands that cannot be particularly identified by a plat of the same in the Surveyor General's Office of this State; but they, the said Commissioners, are hereby authorised and dire[UNK]cted, to appoint one able surveyor, to survey and [Illegible Text] out, under the particular dire[UNK]ction and inspe[UNK]ction of the said Commissioners, or either of them, fair plats of all the lands belonging to this State, by virtue of the confiscation a[UNK]cts heretofore passed in this State, the same being on [Illegible Text] in the Secretary of State's Office; but no plat thereof being in the Surveyor General's Office: also to resurvey all lands that may be advertised for sale, agreeably to the plats in the Surveyor General's Office, previous to the sale thereof.He the said surveyor receiving the usual fees of surveyor's in like cases, out of any monies arising from the sales of such property: and the said surveyor is hereby dire[UNK]cted to return each survey by him so made as aforesaid, to the Commissioners or either of them, to be by the said Commissioners or a majority of them laid before the next Legislature. SEC. 5. And be it further ena[UNK]cted, That this state shall and will warrant and desend the said Commissioners, or a majority of them, in any sale or sales of property, which they may make by virtue of this a[UNK]ct. SEC. 6. And be it further ena[UNK]cted, That this a[UNK]ct shall be held, taken, and be a public a[UNK]ct to all intents and purposes. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802.

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AN ACT To incorporate the Petersburg Union Society. WHEREAS it is a matter of the highest importance in a free government, to increase and diffuse knowledge, and the height of benevolence to aleviate the wants of distress; and as the persons composing the Petersburg Union Society, have formed themselves together for the above laudable purposes. BE it ena[UNK]cted by the Senate and House of Representatves of the State of Georgia, in General Assembly met, and by the authority of the same, That Shaler Hillyer, presidentJohn Williams Walker, secretaryMemorable Walker, Oliver Whyte, James Sanders Walker, John A. Casey, Thomas Casey, Robert Watkins, William Jones, Albert Brux, Robert H. Watkins, Rignal N. Groves, Nicholas Pope, Andrew Green Simms, James Coalter, William Wyatt Bibb, Garland F. Watkins, and Thomas Bibb, members thereof, are hereby incorporated into a society, by and under the name and style of the Petersburg Union Society; and they themselves, their successors, officers and members of the same, shall be, and they are hereby declared to be a body corporate, in deed and in name, by the name and style aforesaid, and by the said name shall have perpetual succession of officers and members, and a common seal to use, with power to make, alter, change, and amend such bye laws and regulations as may be agreed on by the members of the said society: Provided such laws be not repugnant to the laws and constitution of this State, or of the United States. And that they have privilege to sue for, and recover all monies that now are, or may be due to said society, or be sued in like manner, by and under the name and style aforesaid, in any court of this State having competent jurisdi[UNK]ction thereof; and to receive, take and apply all donations, for the uses intended by the said society; and shall, and hereby are declared to be vested with all the privileges, powers and

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advantages, rights and immunities of a society of people, incorporated for the purposes intended by their [Illegible Text] ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT For establshing a Ferry from the Plantation of Newell Walton, sen. to the land of Lee, on Savannah River. BE t ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same, That a Public Ferry shall be, and the same is hereby established upon Savannah River, from the plantation of Newell Walton, senior, to the land of Lee, on the opposite side of the said Rver, under the same rules and regulations as other Ferries in this state are by law established on said River. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT Supplementary to an a[UNK]ct entitled, An a[UNK]ct respecting Bastardy, and other Immoralities. WHEREAS the a[UNK]ct entitled an a[UNK]ct respe[UNK]cting Bastardy, and other immoralities, passed the 16th

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day of December, 1793, has been found ineffe[UNK]ctual for the purposes therein intendedfor remedy whereof: SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives in General Assembly met, That from and after the passing of this a[UNK]ct, the punishment to be imposed upon any person who shall be convi[UNK]cted under the first article of the sad recited a[UNK]ct, shall be by fine and imprisonment, or either, at the dire[UNK]ction of the judge. SEC. 2. And be it further ena[UNK]cted, That the penalty for every offence in the third article described, shall continue to increase in the same ratio therein prescribed, and that one half of the fine so infli[UNK]cted shall go to the informer, the other half to the county in which the offender or offenders reside. Provided nevertheless, That nothing herein contained shall be so construed, as to bar either party when charged as aforesaid, from offering exculpatory testimony to the magistrate, in the first instance of the charge exhibited; who may exercise his discretionary power after due enquiry being had, either to discharge or recognize, both or either of the parties charged as aforesaid, in conformity to the intent and meaning of this a[UNK]ct; any thing to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To divorce and separate John Mulkey, and Charity, his wife. WHEREAS the 9th se[UNK]ction of the 3d article of the constitution, doth authorise divorces upon legal principles: And whereas, John Mulkey, and Charity, his wife, have had a fair trial in the Superior

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Court of the County of Montgomery, and a verdi[UNK]ct given, authorising and recommending a divorce by the Legislature. SECTION 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georga, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this A[UNK]ct, the matrimonial conne[UNK]ction, and civil contra[UNK]ct of matrimony made between the aforesaid John Mulkey, and Charity hs wife, shall be completely annulled, set aside, and dissolved, as fully and effe[UNK]ctually as if no such contra[UNK]ct had been made and entered into between them. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That the said John Mulkey, and Charity, shall in future be deemed and considered as distin[UNK]ct, and separate persons, altogether unconne[UNK]cted by any mistical union, or cvil contra[UNK]ct whatever at any time heretofore made or entered into between them. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT Appointing the time for holding the Inferior Courts of the County of Tattnall. WHEREAS no time has been fixed by law, for holding the Inferior Courts in the County of Tattnall, to the manifest injury of its inhabitants, the internal police of the County, and the procrastination of judicial proceedings. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the Inferior

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Courts of said County, shall be holden in said County from and after the present date, on the first Monday in March and August next, and annually on [Illegible Text] days thereafter. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To authorise the Commissioners of the Academy of [Illegible Text] County, to dispose of certain land. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the Commissioners of the M'Intosh County Academy, or a majority of them, are hereby fully authorized to sell and dispose of, to and for the use of the said Academy, [Illegible Text] [Illegible Text] singular such lands as were purchased for the use of said Academy at the confiscated sales, and the said Commissioners or a majority of them, are hereby authorized in case they shall find the same most advantageous to the interest of said Academy, to dispose of the said land or any part, for at least one fourth cash, the remainder payable by instalments, not exceeding three years, with interest on the same, taking bond and mortgage on the premises to secure the payment of the same. And whereas, there are certain unapproprated lands, in and adjacent to the Town called Darien, in the County aforesaid, the proceeds of which may assist in promoting the said Institution: SEC. 2. Be it therefore ena[UNK]cted by the authority aforesaid,

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That the said Commissioners, are hereby fully vested in see simple, to and for the use of said Academy, with all the lots of land and [Illegible Text] thereto, belonging in the Town of Darien, comprising all vacant lands [Illegible Text] out and established as a town by that name, under the authority of General Oglethorpe, which allotment is hereby confirmed; and the said Commissioners, or a majority of them, are authorised to make sale of said lots and appertenances, in the same manner, and on the same terms as they are authorised to sell the lands of the Academy, or in such manner as they or a majority of them may deem most conducive to the interest of the said Institution. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To authorise the Commissioners of the Town of Frederica, in the County of Glynn, to lay off a row or range of water lots, and for disposing of the same. WHEREAS it is found by experience, that the front range of lots in the Town of Frederica, is too distant from the water, for the convenient storage or shipping of produce, or the landing of goods imported to that placefor remedy whereof, SECTION 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, by the authority of the same, That the Commissioners of the said Town of Frederica, or a majority of them, are hereby authorised and empowered, to cause a range of lots to be laid off in front of said Town, commencing at Low Water Mark, and running back so

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far as to leave a street eighty feet between the present front range of lots, and those to be laid off. SEC. 2. And be it further ena[UNK]cted, That when the lots are so laid off, the said Commissioners are hereby authorised to sell all the lots to be laid off as herein before pointed out, at public au[UNK]ction, first giving sixty days notice in one of the Public Gazettes of Savannah, and at three or more places in said county, and the money arising from such sale, after defraying all the expences of such survey, shall be paid over to the Commissioners of the Academy of said County of Glynn, which shall be by them applied to, and for the use of said institution. SEC. 3. And be it further ena[UNK]cted, That when the lots are so laid off, the Commissioners shall cause two corre[UNK]ct plans thereof, to be laid down and certified by the surveyor, one of which shall be transmitted by them to the Surveyor General, to be recorded in his office, and the other to be delivered to the County Surveyor of said county, to be recorded by him in his office. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To authorise and empower the Trustees of the German Congregation in Ebenezer, to sell and convey a certain tra[UNK]ct of land therein mentioned. WHEREAS the German Congregation in Ebenezer, in the County of Effingham, hath petitioned this Legislature, for leave to sell and convey a tra[UNK]ct of land situated in Goshen, in said County, containing three hundred acres, originally laid out, and granted as Glebe to the said Church.

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SEC. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives in General Assembly met, That the trustees for the said Ebenezer Congregation, be and they are hereby authorised, to have exposed to public sale the said tra[UNK]ct of land, which was originally reserved as a Glebe to said Church. SEC. 2. And be it further ena[UNK]cted, That the money arising from the sale of the said land, shall be paid into the hands of the said Trustees, to and for the use of the said Ebenezer Congregation, to be expended and applied as the said Congregation, or a majority of them shall determine. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT More effe[UNK]ctually to prevent, the [Illegible Text] pra[UNK]ctice of Stabbing: BE t ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this a[UNK]ct, if any person or persons, shall be guilty of the a[UNK]ct of Stabbing, any person or persons, excepting in their own defence, within the limits of this State, with a Sword, Dirk, Knife or any other Instrument of the like kind; for the first offence, upon convi[UNK]ction thereof, shall be subje[UNK]ct to a fine of 500 dollars, and also confined in the common Goal of the County wherein said crime shall have been committed, for a time not exceeding 60 days, nor less than 40 days. SEC. 2. And be it further ena[UNK]cted by the authority

Page (26)

aforesaid, That if any person or persons, shall be convi[UNK]cted a second time for the like offence, he shall forseit and pay the sum of 1000 dollars, and be consined in the common Goal not exceeding six months nor less than three months, and shall not be entitled to vote at the General Ele[UNK]ctions, nor to hold any post of profit, honor or trust within this State, for the term of three years. Provided nevertheless, That if any person or persons shall be guilty of any of the aforesaid crimes, so as to affe[UNK]ct the [Illegible Text] of any person or persons; every such person or persons on convi[UNK]ction thereof, except as above excepted, shall suffer death without the benefit of clergy: any law to the contrary notwithstanding. SEC. 3. Be it further ena[UNK]cted by the authority aforesaid, That one moiety of all fines which shall be imposed, pursuant to this a[UNK]ct, shall be subje[UNK]ct to the disposition of the Inferior Courts of the respe[UNK]ctive Counties, in which such crimes shall be committed, for the use and benefit of the County, and the other moiety thereof, shall be for the use and benefit of the prosecutor. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT For making Permanent the Seat of the Public Buildings in the County of M'Intosh. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby ena[UNK]cted by the authority of the same, That the place for holding the Courts in M'Intosh County, shall be at Sappelo Bridge, on the spot designated by the Commissioners appointed for that purpose.

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SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That the Judges of the Inferior Court of said County, are hereby authorized to purchase the land for that purpose, and receive titles therefor, to and for the use of the said County: Provided nevertheless, that the said land is to be purchased out of the County funds, and not to exceed five acres. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To authorise certain Commissioners therein named to establish a Lottery, for the purpose of raising the sum of three thousand dollars, to be appropriated to clearing out and improving the navigation of the Ogechee and Canuchee Rivers. WHEREAS it appears essential to the interest and convenience of the citizens of this state, residing on and near the waters of Ogechee and Canuchee Rivers, that the navigation of said rivers be improved, by which means the produce and lumber of those parts, may be conveyed with more ease to market. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That it shall and may be lawful for the Commissioners hereinafter named, to establish a lottery within one year after the passing of this a[UNK]ct, to raise the sum of three thousand dollars, under such schemes and regulations, as they or a majority of them may deem necessary and proper, to carry into effe[UNK]ct the above recited obje[UNK]ct; the one equal half of said sum to be applied for the use of Ogechee River, from Paramour's Bluff to its jun[UNK]ction with Canuchee River, and the other

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half to be applied to the use of Canuchee River, from the mouth of Lott's Creek, to its jun[UNK]ction with Ogechee River, in such way and manner as said Commissioners may dire[UNK]ct. SEC. 2. And be it further ena[UNK]cted, That Clement Lanier, Louis Lanier, James Bird, Samuel Smith, Elias Cassells, John M`Call, and [Illegible Text] M`Call, be, and they are hereby appointed Commissioners, to carry the aforesaid lottery into full effe[UNK]ct SEC. 3. And be it further ena[UNK]cted, That the said Ogechee and Canuchee Rivers, shall be deemed and considered navigable Rivers, and under the prote[UNK]ction of the same laws as other navigable Rivers within this [Illegible Text]. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To enable the Corporation of Savannah, to colle[UNK]ct [Illegible Text] fines vested in them by law, and to lay a Tax on all Vendue Masters in the said City, and to prote[UNK]ct persons consined in Jail. WHEREAS all fines of the Courts in the County of Chatham, are by law ordered to be paid to the Corporation of the City of Savannah, as Commissioners of the Court-House and Jail, and many difficulties arise in colle[UNK]cting the same. SECTION I. New therefore be it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That at the request of the Recorder of the said Cty, the Clerk of the Courts shall issue executions for all the fines due: and the sheriff shall immediately proceed

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to levy and sell, and pay the money over to the Recorder who shall, and he s hereby ordered to discharge the same, and all sines shall from and after the passing of this a[UNK]ct be paid to the said Recorder. SEC. 2. And be it further ena[UNK]cted, That Vendue Masters before they obtain their licenses, shall pay to the Treasurer of the City of Savannah, the sum of one hundred dollars. SEC. 3. And be it further ena[UNK]cted, That from and after the passing of this a[UNK]ct, no Jailer, shall put any person into irons, unless he is consined for a capital [Illegible Text], and it is so expressed in the warrant. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To repeal an a[UNK]ct further explaining and defining the duties and powers of the Comptroller General, passed the fifth day of December, one thousand seven hundred and ninety-nine, so far as it respe[UNK]cts the outstanding claims of Roderick Easley, Jeremiah Russell, Reuben Smith, and others. SEC. I. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That it shall and may be lawful for the Comptroller General to take in the outstanding evidences of the claims due Roderick Easley, Jeremah Russell, [Illegible Text] Smith, Phll Cooper, Joseph Edmunson, William Trammill, and [Illegible Text] Carr, to wit:To Roderick Easley, two hundred and fifty acres for services as quarter-master, and eight hundred acres for duty as [Illegible Text];

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and to Jeremiah Russell, Reuben Smith, Phill Cooper, Joseph Edmunson, William Trammill, and Isham Carr, fix hundred and forty acres each; and to issue to each of them the said Roderick Easley, Jeremiah Russell, Reuben Smith, Phill Cooper, Joseph Edmunson, William Trammill, and Isham Carr, new evidences agreeably to the mode pointed out by an a[UNK]ct for calling in the outstanding evidences of the debts due from this state, and for issuing new ones in leu thereof, under proper checks and restri[UNK]ctions, passed the second day of February, one thousand seven hundred and ninety-eight. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That so much of an a[UNK]ct, entitled an a[UNK]ct further explaining and defining the duties and powers of the Comptroller General, as militates with this a[UNK]ct, be and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To establish a Road from Savannah to New-Deptford, and to raise money for the purpose of making and improving the same. WHEREAS it appears essential to the interest of the inhabitants of Savannah, that the communication between that City and Five Fathom Hole, should be improved. SECTION I. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georga, in General Assembly met, That a Road be established as a public one, to commence where the new road of Nichol Turnbull leads out of the Skiddaway road down to

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New-Deptford, and that Nichol Turnbull, Edward [Illegible Text], John G. Williamson, Joseph Bryan and William Smith, be Commissioners to open and work upon such parts of the said Road as are not open, and to keep in repair the whole. SEC. 2. And be it further ena[UNK]cted, That it shall and may be lawful for the persons heren after named, to establish a Lottery, within three years after the passing of ths a[UNK]ct, to raise the sum of ten thousand dollars, under such [Illegible Text] and regulations as they may think fit and proper, to enable the Commissioners to open and improve the said Road. SEC. 3. And be it further ena[UNK]cted, That George Jones, Robert Mitchell and J. S. De [Illegible Text], be and they are hereby appointed managers to carry the said Lottery into effe[UNK]ct. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To amend an A[UNK]ct entitled an A[UNK]ct to alter and amend an A[UNK]ct to empower the Inferior Courts of the several Counties in this State, to order the laying out the Public Roads, and to order the building and keeping in repair the Public Bridges, so far as respe[UNK]cts the Counties of Camden and Chatham. WHEREAS it is found extremely inconvenient, and in many instances impra[UNK]cticable for the inhabitants situated upon [Illegible Text] and Peninsulas to send their hands across dangerous Sounds and Morass Marshes, to the extreme parts of particular Counties for the purpose of working upon the roads: And whereas, it is found by

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experience that much time is therefore lost in going to and coming from the same, to the injury both of individuals and the Publicfor remedy whereof, SECTION 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this a[UNK]ct, it shall be the duty of the Inferior Courts of the Counties of Camden and Chatham to levy a tax not exceeding one fourth part of the general tax, to be colle[UNK]cted in the same manner that other County taxes are colle[UNK]cted, and to be annually appropriated to the use of opening and keeping in repair the public roads. SEC. 2. And be it further ena[UNK]cted, That the aforesaid court or courts, shall let at public out-cry, such part or parts of such road or roads as aforesaid, to the lowest bidder as they may deem necessary, and to otherwise a[UNK]ct as is customary in public [Illegible Text] generally. SEC. 3. And be it further ena[UNK]cted, That the overseers of each road respe[UNK]ctively, shall inspe[UNK]ct all work that may be let and done upon the aforesaid road or roads, and give a certificate or certificates of their condition to the person or persons contra[UNK]cted with, which on being found equal to contra[UNK]ct by the aforesaid Court or Courts, he or they shall be entitled to receive the amount of the same out of the monies arising from the tax or taxes a aforesaid. SEC. 4. And be it further ena[UNK]cted, That all laws or parts of laws so far as respe[UNK]cts the aforesaid Counties, pointing out any other mode of working on roads than is herein contained, be, and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802.

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AN ACT To Incorporate the Town of St. Mary. WHEREAS from the extend and population of the Town of St. Mary, its growing importance, both with respe[UNK]ct to encrease of inhabitants, and diffusive commerce, it is indispensably necessary that many regulations should be made, for the preservation of peace and good order within the same: And whereas, from the many weighty and important matters that occupy the attention of the Legislature at their general meeting, it has hitherto been found inconvenient, and may hereafter become more so, for them to devise, consider, deliberate on, and determine all such laws and regulations as emergencies, or the local circumstances of the said town, may from time to time require. SEC. 1. BE it therefore ena[UNK]cted, That from and immediately after the passing of this a[UNK]ct, all persons, citizens of the United States, and residng one year within the said town, and having a freehold or lease for years of a lot within the same, shall be deemed, and they are hereby declared to be a body corporate and politic; and there shall be an Intendant and Council for the said townand they and their successors hereafter to be appointed, shall have perpetual succession, and be stiled and known by the name of The Intendent and Council of the Town of St. Mary, and shall have a common seal, and be capable in law to purchase, have, hold, receive, enjoy, possess and retain, to them and their successors, for the use of the Town of St. Mary, in perpetuity, or for any term of years, any estate or estates, real or personal, messuage, lands, tenements, or hereditaments of whatever nature or kind soever, within the limits of the said town; and to sell, alien, exchange or lease the same, or any part thereof as they shall think proper; and by the same name to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this state. And they shall also be vested with full power and

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authority, from time to time, under their common seal, to make and establish such by-laws, rules and ordinances, respe[UNK]cting the harbour, streets, public buildings, workhouses, markets, wharves, public houses, carriages, waggons, carts, drays, pumps, buckets, fire engines, the care of the poor, appoint a Harbour Master, and Health Officer, the regulation of disorderly people, negroes, and in general, every other by-law or regulations that shall appear to them requisite and necessary, for the security, welfare and convenience of the said town, or for preserving peace, order and good government within the same; and the said Intendant and Council shall also be vested with full power and authority, to make such assessments on the inhabitants of the said town, or those who hold taxable property within the same, for the safety, benefit, convenience and advantage of the said town, as shall appear to them expedient, and to affix and levy fines for all offences committed against the by-laws of the said town; and they are hereby authorised to appoint a Clerk, Treasurer, Health Officer, Harbour Master, Fire Master, Marshall, Constables, and such other officers (affixing the salaries and fees of such officers respe[UNK]ctively) as shall appear to them requisite and necessary for carrying into effe[UNK]ctual execution all the by-laws, rules and ordinances they may make for the good order and government of the said town, and the persons residing therein: Provided, that nothing heren contained shall authorize the said Intendant and Council to make any by-laws repugnant to the constitution or laws of the land. And provided also, that the by-laws, rules and ordinances they may make, shall, at all times, be subje[UNK]ct to the revsal, alteration or repeal of the legislature. SEC. 2. Be it further ena[UNK]cted, That any two justices of the peace for the County of Camden, shall, within six months after the passing of this a[UNK]ct, gve ten days public notice, in two or more public places in the said Town of St. Mary, that four members are to be chosen to constitute the Council for the said Town, and

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which sad four members of the Council shall have the same qualifications as members of the State Legislature, and also the qualifications of ele[UNK]ctors; and that all free white persons, being citizens of the United States, and residing one year within the said Town, and having a freehold or lease for years of a lot therein as aforesaid, shall be entitled to vote for four members to form the Council aforesaid; and they shall also notify the time and place, when and where the ele[UNK]ction is to be held, and shall superintend the same, or appoint proper persons so to do; and the superintendants, when the ele[UNK]ction is closed, shall give notice to the several persons of their appointments respe[UNK]ctively, and summon them to meet together at any time and place within three days after their ele[UNK]ction, for the purpose of taking the oath of office prescribed by this law, which oath may be administered by any justice of the peace, or by one of the members so chosen to another: Provided, three be present at the time of administering the same, and shall be in the words following:I, A. B. do solemnly swear, that I will to the utmost of my power, support, advance, prote[UNK]ct and defend the good order, peace and welfare of the Town of St. Mary, and its inhabitants; and will faithfully demean myself in the office of Intendant, (or member of the Council as the case may be) for the said Town, according to the by-laws and regulations thereof, to the best of my skill and judgment; and that I will support the constitution of this State, and the constitution of the United States. SEC. 3. Be it further ena[UNK]cted, That when three or more of the said members shall have met and qualified as aforesaid, they shall, within three days after such their qualification, give five days public notice, that an Intendent of the said Town is to be chosen by the members of the said Council, either from among their own body, or the citizens of the said Town, possessing the qualifications of a member as aforesaid; and at the time mentioned in such notice, the said members shall meet at some publc place in the said Town, and vote for such

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[Illegible Text]. And when such Intendant shall be [Illegible Text], he shall take the oath above inserted, in the presence of any two or more of the members; after which he may qualify such members as were not before qualified, and if any member should be chosen Intendant, he, together with the members, shall fill up such vacancy until the next annual ele[UNK]ction. And the said Intendant shall and may, as often as occasion may require, summon the members to meet together in Council, any two of whom, with the Intendant, shall be competent to proceed to business. Immediately after the board is completed, the Council shall be divided into two classes. The seats of the first class shall be vacated on the first Monday in May 1804, which shall be [Illegible Text] as the expiration of the first year; and the seats of the second class at the expiration of the second year, so that two members may be chosen annually. The Intendant shall hold his office for two years, and in case of death, resignation, removal, refusal, or disability of the [Illegible Text], or any of the members, the vacancy shall be filled up in the manner already prescribed. The annual ele[UNK]ctions shall be held on the first Monday in May. SEC. 4. And be it further ena[UNK]cted, That the Intendant and Members of the said Council, shall each of them have full power and authority, and they are hereby required, to keep peace and good order within the said Town, to issue warrants, and cause all offenders to be brought before them, and on examination either to release, admit to bail, if the offence be bailable, or commit to the custody of the Sheriff of the County of Camden, who is hereby authorised and commanded to receive the same, and the same to keep in safe custody until discharged by due course of law, and the said Intendant and every of the Members of the said Council for the time being, shall be vested with all the powers and authorities that Justices of the Peace are [Illegible Text] with by the laws of this State; and shall and may [Illegible Text]

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[Illegible Text] the same in every part of the said Town, for the preservation of the peace and good order thereof. SEC. 5. And be it further ena[UNK]cted, That it shall and may be lawful for the said Intendant and Council, and they are hereby empowered at any time after the passing of this a[UNK]ct, to hold Courts once in every month throughout the year, to appoint such Officers as they may think necessary, and to settle and allow reasonable fees, not exceeding one half the fees allowed for like services in the Inferior Courts in suits cognizable therein; and to have jurisdi[UNK]ction of, and to hear and determine all civil causes not involving the right or title to any land or real estate arising within the jurisdi[UNK]ction of the Corporation, so as the demand in such suit or a[UNK]ction does not exceed the sum of Fifty Dollars; and to give judgment and award execution therein, according to law. Provided, That if any party to a suit shall feel him, her or themselves aggrieved, by the decision of the said Courts, it shall and may be lawful for such party to enter an appeal within three days after such [Illegible Text]; first paying all costs which may have accrued on the said [Illegible Text], and giving sufficient security to abide and perform the sentence of the Court at the trial of the appeal, and all appeals from the decision of the said Courts shall be tried on the next succeeding court day after such trial by a jury of seven men, whose verdi[UNK]ct shall be final. SEC. 6. And be it further ena[UNK]cted, That the said Intendant and Council shall have the like power and authority to hold to bail, for debts within their jurisdi[UNK]ction, and under like restri[UNK]ctions as pointed out for the Superior and Inferior Courts; and shall have power to draw, and impannel jurors for the trial of appeals; who shall be resident within their jurisdi[UNK]ction, and shall be qualified and liable to serve as petit jurors, to cause them to be summoned, at least five days before the said Court, and to fine them for non-attendance or other miscondu[UNK]ct, in such manner as they may think proper, not exceeding ten dollars; and shall have power to award [Illegible Text] for such fines, and cause the goods of the person [Illegible Text]

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such fines, to be sold by virtue thereof. SEC. 7. And be it further ena[UNK]cted, That the said Intendant and Council shall, in all Judicial procedings, have reference to, and be governed by the laws of force in this State for regulating the Judicial proceedings thereof: and the said Court of Intendant anc Council is declared to be a Court of record, and any person necessarily going to, being at, or returning therefrom, shall be free of arrest on any civil sut. SEC. 8. Be it further ena[UNK]cted, That the said Intendant and Council be, and they are hereby appointed a board of Commissioners of Pilotage for the said Port of St. Mary, and are hereby invested with full power and authority to appoint any number of Pilots they may think necessary for said port, and prescribe and establish such rules and regulations as they may deem expedient therefor; which rules and regulations shall be binding on all such Pilots, and those who a[UNK]ct under them, and upon all other persons concerned therein: any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT To amend an a[UNK]ct for keeping open the [Illegible Text] River, from the Rock Landing, to John Barnett's, in the County of Clark, passed the second day of December 1801, and to keep open the navigation of the Great Ogechee River, up to the Shoals. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passing of this

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a[UNK]ct, no person or persons, under the penalty of twenty dollars per day, shall dam, stop or obstru[UNK]ct the Oconee River, from the Rock Landing, up the main stream thereof, to the confluence of the Apalachee; but the same is hereby declared to be, (at least one third part thereof, including the main channel) a free passage; and any person or persons who now has or have dams or other obstru[UNK]ctions placed in the said River Oconee, contrary to the true intent and meaning of this a[UNK]ct, and who will not remove the same, on or before the first day of January next, shall be liable to the same fines as above mentioned. Provided nevertheless, that nothing contained in this a[UNK]ct, shall be construed to extend to affe[UNK]ct any mill dam or dams, other than such as shall have been ere[UNK]cted, or may hereafter be ere[UNK]cted, or extended into the said River Oconee, contrary to law. SEC. 2. And be it further ena[UNK]cted, That so much of the above recited a[UNK]ct, as operates against ths a[UNK]ct, be and the same is hereby repealed. SEC. 3. And be it further ena[UNK]cted, That any person or persons who, after the passing of this a[UNK]ct, shall obstru[UNK]ct the main channel of Great Ogechee River, from the Shoals to the mouth thereof, shall be subje[UNK]ct and liable to the same fines and penalties as are pointed out by the above a[UNK]ct. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 26, 1802. AN ACT Pointing out a mode for adjusting the Claims of the Citizens of this State, against the Creek Nation. WHEREAS a number of the good citizens of this state, have been plundered of property of various

Page (40)

kinds, to a very large amount by the Creek Indians at different times and places, which they have been called upon to exhibit an account of, to the Executive Department, agreeably to a resoluton of the General Assembly, pasted the 17th day of June last, in order therefore to have them properly arranged and adjusted, to be demanded agreeably to the feveral existing treaties between the United States and the said Creek Indians. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That it shall be the duty of the Comptroller General, to examine, all such accounts or claims of the citizens against the Creek Nation, for property plundered or detained from them by the said Indians, as may be laid before him by the Executive withn three months from and after the passing of this a[UNK]ct, and where it shall appear to the satista[UNK]ction of the Comptroller, that the property charged against the Indians, was a[UNK]ctually taken, or is detained by the said Indians, he shall attach such valuation thereto as in his judgment shall appear just and reasonable, and which would be an equitable compensation for such article or articles between citizen and citizen, and after a careful examination of all the feveral claims or accounts which may be referred to him by his Excellency the Governor, within the time herein before pointed out, he shall report to the Executive the result of his investigation, and attach thereto a schedule of all such claims as he may find provided for by any of the existing treaties between the United States and the Creek Nation, a schedule of all such other claims as are not provided for by said treaties, and also such as may be exhibited without such proof as will justify their being charged to the Indians, or to the United States. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That his Excellency the Governor, be and he is hereby authorised and required, to deliver to the Comptroller General, such claims or demands as are now deposited in the Executive Department against the

Page (41)

Creek Nation, and also all which may be received within three months from and after the passing of this a[UNK]ct. SEC. 3. And be it further ena[UNK]cted, That the said Comptroller General shall, previous to entering on the duties required by this a[UNK]ct, take and subscribe the following oath or affirmation before his Excellency the Governor, to wit: I _____ _____ do solemnly swear (or affirm as the case may be) that I will carefully examine all such claims or accounts against the Creek Nation, as may be laid before me by the Executive, and such report make thereon as may appear to me just and equitable, agreeable to this a[UNK]ctSo help me God. SEC. 4. And be it further ena[UNK]cted by the authority aforesaid, That as soon as the aforesaid Comptroller General shall have made out a schedule, he shall deposit the same with his Excellency the Governor, whose duty it shall be to lay the same before the next General Assembly, and also transmit a copy to our members in Congress, whose duty it shall be to present the same to the General Government, and demand compensation for all such property as are not provided for by the different existing treaties. SEC. 5. And be it further ena[UNK]cted by the authority aforesaid, That his Excellency the Governor shall, so soon as the aforesaid Comptroller General shall have furnished him with a schedule of the property last as aforesaid, do appoint three persons to repair to the Creek Nation, and make demand of all prisoners, negroes, and property in conformity to existing treaties: Provided nevertheless, that nothing herein contained shall extend to, or be construed to amount to an assumsit on the part of this State, or to subje[UNK]ct or render liable the Government thereof, to the payment of any claim or claims, which have been or may hereafter be exhibited, under

Page (42)

and by virtue of the aforesaid resolution, or this a[UNK]ct. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to November 27, 1802. AN ACT To Appropriate Monies for the Political Year, 1803. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the salary of the Governor shall be 2000 dollars per ann the Secretaries of the Governor not exceeding two, 500 dollars each per ann.the Secretary of State, 200 dollars per ann.the Surveyor General, 200 dollars per annumthe Judges of the Superior Courts, 1400 dollars each per annumthe Treasurer, 1200 dollars per ann.the Attorney and two Solicitors General each, 150 dollars per annumthe Secretary of Senate, 300 dollars per annumthe Clerk of the House of Representatives, 300 dollars per annumthe Comptroller General, 600 dollars per annum:Which said several sums shall be and they are hereby appropriated for their use, to be paid quarterly, by warrant from the Governor on the Treasury, out of the taxes to be received for the years, 1802 and 1803, and the sum of 15,000 dollars, as a contingent fund, subje[UNK]ct to the draughts of the Governor. SEC. 2. And be it further ena[UNK]cted, That the President of the Senate and Speaker of the House of Representatives, shall have each the sum of four dollars per day, and the other members of both branches of the Legislature, at and after the rate of three dollars

Page (43)

per day, for their coming to, attendance on, and returning from the samethe Secretary of the Senate and Clerk of the House of Representatives, four dollars per daytwo Engrossing Clerks of the House of Representatives, four dollars each per daytwo Engrossng Clerks of the Senate, four dollars each per daythe Messenger and Doorkeeper of both branches of the General Assembly, three dollars each per daythe Clerk of the House of Representatives and Secretary of the Senate, each the sum of 50 dollars for stationary, firewood and other contingent expences during the present session.To the Commissioners of the Court House and Jail of M`Intosh County, 428 dollars 56 and 1-4 Cents, for the purpose of building a Court House and Jail in said County, in like manner as has been appropriated for other Counties.To the Commissioners of the Court House and Jail of Tattnall County, 428 dollars 56 and 1-4 Cents, for the purpose of building a Court House and Jail for said County, in like manner as has been appropriated to other Countes: any law to the contrary notwithstanding.To the Adjutant General, the sum of three dollars per day, while in a[UNK]ctual serviceTo the Brigade Inspe[UNK]ctors and Adjutants, two dollars each per day, while in a[UNK]ctual service.To William Maxwell, 466 dolls. 18 3-4 cents, as a gratuity due Thomas Maxwell, for his services in the Georgia Line.To Thomas Porter 466 dolls. 18 3-4 cents, for a gratuity as an officer in the Georgia Line.To Benjamin Porter 466 dolls. 18 3-4 cents, for his gratuity as an officer in the Georgia Line. Provided, that each person receiving the said gratuity, shall give bond and security to the Executve, to refund the said sums, in case it should hereafter appear that the same had been previously paid.To William Kelley, the sum of 94 dolls. 57 cents.To John Brisco, the sum of 7 dolls. 81 cents, for money over paid by the said Brisco, for the taxes of the year 1799.To Edmund B. Jenkins, as clerk to the committee on

Page (44)

finance, the sum of thirty five dollars.To John Hamill, as clerk to the committee on the state of the republic, the sum of twenty five dollars; which said several sums shall be paid out of any monies now in, or which may hereafter come into the Treasury from the payment of taxes.To John Greene, and John Buford, the sum of one hundred and twenty five dollars, sixty-eght and three fourths cents, agreeably to a concurred resolution.To Richard Weatherford, an invalid soldier, the sum of fifty dollars.To Mrs. A. Jones, widow and reli[UNK]ct of James Jones, an invalid solder, deceased, the sum of fifty dollars, as a temporary support for herself and children.To Daniel Buckstine, twenty dollars, in full a Governor's warrant agreeably to a joint resolution of both houses at their last meeting. To John Cobbs, esq. the sum of four thousand five hundred and fifty one dollars, forty two and three fourths cents, from which the Treasurer shall first dedu[UNK]ct and retain the sum of two thousand seven hundred and fifty six dollars ninety-nine cents, it being the amount of monies due the state by the said John Cobbs, which doth appear by his bond bearing date the first of February, 1799.And the sum of fifty dollars be appropriated for the use of James Bynum, as a compensation for expence in defending a suit commenced against him as tax colle[UNK]ctor of Hancock County, for discharging the duties of his office.To Patrick M`Griff, esq. the sum of thirty eight dollars twelve and a half cents, for his services as jailer of Montgomery County, in safe keeping the person of Aaron Bowen, a murderer from the County of Tattnall, in as much as the County of Tattnall, hath not heretofore been sufficiently organised to levy a tax for that purpose.The sum of five hundred dollars to be paid out of the contingent fund for the payment of house rent, c. for the use of the Executive.To Thomas Polhill, twenty-six dollars eighty six cents, being so much recovered from him by the Post Master General, in the Federal Court for stopping

Page (45)

the stage in conformity to the proclamation of his Excellency James Jackson.To the Counties of Clarke and Jackson, the sum of four hundred and twenty eight dollars fifty six and a quarter cents; the one moiety of said sum to be drawn by the Commissioners of the Court House and Jail in the County of Clarke, the other moiety to be drawn by the Commissioners of the Court House and Jail in the County of Jackson, for the purpose of ere[UNK]cting Court Houses and Jails in said Counties. SEC. 3. And be it further ena[UNK]cted, That the sum of five thousand dollars, be and the same is hereby appropriated as a loan to the Trustees of the University in aid of the funds of the said Institution, for ere[UNK]cting the Collegiate Buildings, the said Trustees first giving bond with security to be approved by his Excellency the Governor, to return the said sum of money into the Public Treasury, within five years with lawful interest thereon. Provided, that the Trustees of the said University shall previous to receiving the said money, or any part thereof cause to be deposited in the Executive Office, a full complete and unconditional relinquishment from Daniel Easley, of all claim or title whatever to the lands conveyed by him to John Milledge, esq. for the use and benefit of the University of this state, against him the said Daniel Easley, his heirs, executors and administrators forever. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to November 27, 1802. AN ACT For the more effe[UNK]ctually keeping open the River Savannah. WHEREAS the keeping open the River Savannah, is of the greatest importance to the citizens

Page (46)

of the back country, as well in consequence of navigation, as the advantages resulting to the citizens generally, by having an annual supply of fish therefrom; And whereas, many persons on the said River have so obstru[UNK]cted the passage of boats by dams, as to render it highly injurious to commerce, and almost totally prevented the fish from getting up the same. SEC. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the passing of this a[UNK]ct, it shall not be lawful for any person or persons, to dam, stop or obstru[UNK]ct the River Savannah, from the City of Augusta, to the jun[UNK]ction of the Rivers Tugalo and Keowee, and from thence up the Tugalo River to Hatton's Ford; but that the one third part of the said river, including the main sluce, is hereby declared to remain and continue open for a free passage. SEC. 2. And be it further ena[UNK]cted, That any person or persons who now have dams or other obstru[UNK]ctions placed in the said River Savannah, between the City of Augusta and Hatton's Ford on Tugalo River, contrary to the true intent and meaning of this a[UNK]ct, shall remove the same on or before the first day of January next. SEC. 3. And be it further ena[UNK]cted, That if any person or persons shall, in violation of this a[UNK]ct, either build dams, or otherwise obstru[UNK]ct the said passage, or fail to remove those already made, shall be subje[UNK]ct to a penalty of twenty dollars per day, for every day they may remain after the time prescribed by this a[UNK]ct. SEC. 4. And be it further ena[UNK]cted, That it shall be the duty of any justice of the peace, in whose distri[UNK]ct such offence or offences may be committed, to issue his warrant upon his own knowledge, or information on oath of any free white person, commanding such offender or offenders to be brought before him within ten days, to answer to the charge alledged against him or them, and such justice shall issue his subp[oelig]na, commanding the attendance of such witness or witnesses, as

Page (47)

may be thought necessary to establish or defend the [Illegible Text] charge or charges, who shall be subje[UNK]ct to all the pains and penalties for non-attendance, or refusing to answer on oath, such questions as may be asked him or them as is customary in justces courts for the colle[UNK]cton of small debts, and, if upon examination, it should appear that such offender or offenders is or are guilty of any breach of this a[UNK]ct, it shall be the duty of such justice, to enter up separate judgments against each offender so concerned, for the sum of twenty dollars and costs, for each and every day that such obstru[UNK]ctions shall have continued, and the said justice shall forthwith, issue execution on the said judgment or judgments, so entered up, which shall be levied on the goods and chattels, lands and tenements of such offender or offenders, and sold agreeably to law regulating constables sales; and in case the offender or offenders should prove insolvent, it shall be the duty of the justice or justices, who shall preside at the trial of such offender or offenders, to issue a capias ad satisfaciendum, against the body of such offender or offenders, and commit him or them to the common jail of the county where such offence may be committed, there to remain for the space of twenty days for each offence so committed; and provided there shall be no jail in the county where such offence may be committed, then, and in that case, it shall be lawful for the justices aforesaid, to commit the said offender or offenders, to the common jail of the next adjacent county, and the money arising from such fine or fines, shall be paid into the hands of such justice of the peace, who shall pay one half thereof to the informer, for his own proper use, and the remainng moiety shall be paid by the said justice, to the Clerk of the Inferior Court of the County in which he resides, which shall be considered as a part of the county funds, and appropriated accordingly. SEC. 5. And be it further ena[UNK]cted by the authority aforesaid, That if any justice of the peace shall, in any manner aforesaid, offend against this a[UNK]ct, it shall be lawful for

Page (48)

him or them, to be sued or prosecuted in any one of the adjoining distr[UNK]cts. And the same fees shall be levied and colle[UNK]cted for services performed under this a[UNK]ct, as are allowed for like services in Justices Courts. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To extend the time for the renewal of certain audited certificates of the State of Georgia, therein designated, to the Executors of the last Will and Testament of Commodore Olver Bowen, deceased, John Thompson, and Evan Ragland. WHEREAS it appearing that Commodore Oliver Bowen, deceased, had at the time of disease, in his possession, and in his own name and right, a certain voucher of debt from the State of Georgia, to the said Oliver, in the words and figures following, to wit: State of Georgia, Treasurer's Office, Louisville, November 30, 1799. No. 56. These are therefore to certify, that the State of Georgia is justly indebted to Commodore Oliver Bowen, or bearer, the sum of three hundred ninety-two dollars and fifty-eight cents, which said sum will be received in payment of any purchases made of [Illegible Text] or reverted property that may have been sold agreeable to law or otherwise provided for by the Legislature. (Signed) JOHN BERRIEN, Treasurer. And whereas, it further appears that the said Oliver Bowen was not apprised in his life-time, or the Executors of his last Will and Testament, to wit:Jabez Bowen, fen. and Jabez Bowen, jun. after his disease, that there

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was an a[UNK]ct passed by the Legisature of Georgia, entitled an a[UNK]ct further explaining and defining the duties and powers of the Comptroller General, passed the fifth day of December one thousand seven hundred and ninety-nine, whereby all certificates of outstanding debts of the State of Georgia, were required to be renewed in the Comptroller General's Office, and by him to be renewed, and certificates aforesaid not being renewed, within two years from and after passing said a[UNK]ct as aforesaid, should be deemed fraudulent, and be forever barred. And whereas the before recited a[UNK]ct appears to have been intended to prevent frauds being pra[UNK]ctifed on the State. And whereas it appears oppressive and unjust to deprive a citizen of his just right. SECTION I. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georga, in General Assembly met, and by the authority of the same, That the time of renewing the certificate in the before recited a[UNK]ct, shall be extended to Jabez Bowen, fen. and Jabez Bowen, jun. Executors of the last Will and Testament of Commodore Oliver Bowen, deceased, for the space of three months, and on the representatives of the said Commodore Oliver Bowen, deceased, presenting the original certificate in this a[UNK]ct designated, in three months from the passing this a[UNK]ct, the Comptroller General shall renew the before recited certificate, any a[UNK]ct or parts of a[UNK]cts to the contrary notwithstanding. SEC. 2. Be it further ena[UNK]cted, That an audited certificate, signed John Wereat, Auditor, dated Augusta, the thirty-first of O[UNK]ctober 1789, for one pound thirteen shillings to John Gray; an audited certificate signed Abraham Jones, Auditor, dated December the twenty-fourth 1794, No. 237, for three pounds four shillings and six-pence, to Isaac Underwood; an audited certificate signed John Wereat, Auditor, dated Augusta, the thirty-first of O[UNK]ctober, 1789, for four pounds eight shillings, to James Moore; an audited certificate signed John Wereat, Auditor, dated Augusta, the fifteenth of March 1786, for six pounds fourteen shillings and eight

Page (50)

pence, to Thomas Hamonon; an audited certificate signed Abraham Jones, Auditor, dated December the thirteenth 1793, No. 6, for seven pounds sixteen shillings and five pence, to John Walton; an audited certificate signed John Wereat, Auditor, dated Augusta, the sixth of February 1790, for twenty-two pounds eight shillings, to John Glenn; an audited certificate signed Abraham Jones, Auditor, dated O[UNK]ctober the eighth 1794, No. 145, for fifty-four pounds eight shillings, in favour of John Giles; an audited certificate signed John Wereat, Auditor, dated Augusta, the sixteenth of February 1790, for fifty-five pounds eight shillings and six-pence, given Ozia Bradford; an audted certificate signed Abraham Jones,, Auditor, dated December the sixteenth 1795, No. 387, for two hundred and thrty-nine dollars and forty cents, given to David Hillhouse; an audited certificate signed John Wereat, Auditor, dated Augusta, the sixth of December 1792, for one hundred pounds, given Elijah Clark; an audited certificate signed John Wereat, Auditor, dated Augusta, the tenth December 1793, for four hundred pounds, given Messrs. Owen and Thompson, shall be renewed in favour of John Thompson; and also an audited certificate, Louisville, No. 25, dated the eighteenth of May 1796, to Col. James Stallings, for the sum of four hundred and fifty dollars, signed John Berrien, Treasurer, shall be renewed in favour of Evan Ragland, by the Comptroller General, in the same manner as other audited certificates have been heretofore renewed; and on the Comptroller General being satisfied that the said audited certificates are genuine, any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802.

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AN ACT To divorce Jacob Bieller, and Mary his Wife. SEC. 1. BE t ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this a[UNK]ct, the matrimonial conne[UNK]ction, or civil contra[UNK]ct of marriage, made between the said Jacob Bieller, and Mary his wife, formerly Mary Nuffer, shall be compleatly annulled, and set aside and dissolved, as fully and effe[UNK]ctually, to all intents and purposes, as if no such contra[UNK]ct had ever heretofore been made and entered into between them. SEC. 2. And be it further ena[UNK]cted, That all property real and personal, not by him or her sold or otherwise disposed of, which the said Jacob Bieller received with, or acquired by or in virtue of his Union or marriage with the said Mary, shall henceforth (with the addition of two hundred per cent thereon) be considered as restored to her the said Mary, and the said property s hereby declared to be completely, fully and absolutely, to all legal intents, vested in, and confirmed unto her, her heirs, executors, administrators and assigns, forever. SEC. 3. And be it further ena[UNK]cted, That the said Mary Bieller is hereby declared a Feme Sole, and she shall not in future be allowed on any pretence whatever, to charge the said Jacob Bieller, his heirs, executors, or admnistrators, or his or their estate, with any debts or dues of her contra[UNK]cting, or with a[UNK]ctions of or for damages, for or by reason of Tort Trespass, or damages whatever, which shall hereafter be committed or done by the said Mary Bieller, and shall not be entitled to Dower of or in the estate of said Jacob Bieller, but shall be considered and held as barred, and as having forfeited the same. SEC. 4. And be it further ena[UNK]cted by the authority aforesaid, That the said Jacob Bieller, and Mary, in

Page (52)

future, shall be deemed and considered as distin[UNK]ct and separate persons, altogether unconne[UNK]cted by any mystical union or civil contra[UNK]ct whatever heretofore entered into between them. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Affented to November 27, 1802. AN ACT For the improvement of the navigation of the Ocenee and Alatamaha Rivers, from Montpellier to Darien. SEC. I. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and after the passing of this a[UNK]ct, all persons liable to work on public roads residing in the Captains distri[UNK]ct adjoining the Oconee and Alatamaha Rivers, from Montpellier to Darien, shall work on the said Rivers, for the improvement of the Navigation thereof, at such times as the Commissioners hereafter named shall dire[UNK]ct, not exceeding five days in a year. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That if any person or persons, so liable to work on the said Rivers, or owners of slaves to send them, shall negle[UNK]ct or refuse to work (not having a reasonable excuse) after having five days notice for that purpose, and to bring with him or them such tool or tools as the Commissioners shall require, shall be fined in a sum not exceeding two dollars for each day so [Illegible Text] or refusing; to be recovered before any Justice of the Peace in the Captain's distri[UNK]ct wherein such delinquent shall reside. Provided, such time of notice does not happen when persons liable to work on public roads

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shall be called to work thereon: and all fines so recovered, shall be applied by the Commissioners respe[UNK]ctively to the use of clearing out the said Rivers. SEC. 3. And be it further ena[UNK]cted, That the Commissioners after named and their successors respe[UNK]ctively, be and they are hereby authorised and required, to appoint each one an Overseer in his distri[UNK]ct, and that the Commissioners and their successors and also the Overseers so appointed shall respe[UNK]ctively before he enters on the duties required of him by this a[UNK]ct, take an oath before some Justice of the Peace of the County wherein he resides for the faithful discharge thereof. SEC. 4. And be it further ena[UNK]cted, That it shall be, and is hereby made the duty of the Inferior Courts of the respe[UNK]ctive Counties adjoining the said Rivers within the aforesaid limits in case any vacancy or vacancies shall happen of any Commssioners in any manner whatever to appoint a Commissioner or Commissioners to fill such vacancy or vacancies. SEC. 5. And be it further ena[UNK]cted, That the limits on the said Rivers for working thereon shall be in distr[UNK]cts, and the Commissioners thereto as follows, to wit: John Miles Commissioner from Montpellier to the line dividing the Counties of Hancock and Washington, Francis Boykin from the said dividing line to the White Bluff, Reed Dupree from the White Bluff to the mouth of Buffalo Creek, Robert Glen from the mouth of Buffalo Creek to the mouth of Deep Creek, Elijah Blackshear from the mouth of Deep Creek to the line dividing the [Illegible Text] of Washington and Montgomery, Samuel Harrison from the said dividing line to the Rock Spring, Peter Mercer from the Rock Spring to Berryhill's Bluff, James Blanchard from Berryhill's Bluff to Silver Bluff, Thomas Raines from Silver, Bluff to Stallings's Bluff, George Wyche from Silver Bluff to Foard's Shoal, Short Long from Foard's Shoal to the jun[UNK]ction of the Oconee and Oakmulgee Rivers, Asa Travies from the said jun[UNK]ction to Milligan's Bluff, John Swilly from Milligan's Bluff to the mouth of Ohoopie,

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Shadrach Stanley from the mouth of Ohoopie to Beard's Bluff, Martin Harden from Beard's Bluff to the lower end of Osevell's Cut, Richard Bryant from the lower end of Osevell's Cut to the mouth of Pinhallaway, John Johnson from the mouth of Pinhallaway to Darien. SEC. 6. And be it further ena[UNK]cted, That any person or persons who shall obstru[UNK]ct the navigation of the said River by dams, shall forfeit and pay the sum of ten dollars per day for every day so stopped, or felling trees therein for every tree so fell, the sum of five dollars, to be recovered before any Justice of the Peace of the County adjoining such obstru[UNK]ction to be entered up in separate judgments, the one half to be applied by the Commissioners to the use of clearing out the said Rivers, and the other half to the use of any informer who shall prosecute an a[UNK]ction thereon to effe[UNK]ct. SEC. 7. And be it further ena[UNK]cted, That an A[UNK]ct passed the 5th December one thousand eight hundred and one, for the improvement of the navigation of the Oconee and Altamaha Rivers from Montpellier to Darien, be and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To raise a Tax for the support of Government, for the Year one thousand eight hundred and three. BE it ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That the Tax A[UNK]ct of eighteen hundred and two, shall be, and the same is hereby revived, re-ena[UNK]cted

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and continued as the Tax A[UNK]ct for the year eighteen hundred and three; with the exceptions following, that is to saythat the third se[UNK]ction therof, which respe[UNK]cts a Tax on suits, shall only extend to suits where the debt or damages sued for exceed five hundred dollars, on which shall be colle[UNK]cted and received the sum of two dollars for the use of the state, to be taxed in the bill of costs, and paid by the Clerk into the Treasury when colle[UNK]cted:and that the fees of Receivers of Tax Returns, shall be the same as the fees of Tax Collectors as established by the afore-recited A[UNK]ct, any thing contained in the aforesaid Tax A[UNK]ct to the contrary notwithstanding; and except also, that all persons holding lands within the limits of this state, whose residence is wthout the same, shall either by themselves or agent, return all such lands and pay the taxes thereon in the Counties wherein they respe[UNK]ctively lie; any law to the [Illegible Text] notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To amend an a[UNK]ct, entitled, An a[UNK]ct to prevent encroachments on the River Savannah, and to remove such as now exist in the said River, or elsewhere, within the jurisdi[UNK]ction and limits of the City of Savannah. WHEREAS by the said a[UNK]ct, the Mayor and Aldermen of the City of Savannah, are vested with full power and authority, and have caused a survey of the wharf lots in the said city to be made; And whereas it is represented, that by the line marked by the said [Illegible Text], the heads of most of the wharf lots would be

Page (56)

more or less affe[UNK]cted, and that so general a removal of the heads of the said whars lots would prove greatly injurious to the said River Savannah. SEC. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That Jofiah Tattnall, jun. D. B. Mitchell, and the Harbour Master of the City of Savannah, be and they are hereby appointed commissioners, and are vested with full power and authority, and are hereby required, to extend the said line corresponding with the curve of the river, and so as to preserve the heads of the majority of the said whars lots, and to present as uniform a front upon the river as may be, without injury to the navigation or channel of the said river. SEC. 2. And be it further ena[UNK]cted, That the line, when extended as aforesaid by the said commissioners, shall be held and considered, and is hereby declared to be the true line of the said whars lots on the said river. SEC. 3. And be it further ena[UNK]cted, That any of the heads built on any of the said whars lots, or any platform, building or other improvement whatsoever, which shall extend beyond the aforesaid line, shall be deemed and considered encroachments on the said river, and the owner or owners thereof, or his, her or their agent, or attorney, or the executor or administrators of such owner or owners, shall, within four months after the said line shall be ascertained and marked, and notice thereof given by the said commissioners, remove or cause to be removed within the said line, the part or parts of the said whars head, platform, building, or other improvement as aforesaid. SEC. 4. And be it further ena[UNK]cted, That if any owner or owners of the said whars lots, or his, her or their agent or attorney, or the executor or administrator of such owner or owners, shall negle[UNK]ct or refuse to remove or cause to be removed, the said encroachments, within the said term of four months, he, she or they so negle[UNK]cting or refusing, shall forseit and pay for every foot such

Page (57)

encroachments shall extend beyond the said line, five hundred dollars, to be recovered by a[UNK]ction of debt or indi[UNK]ctment, in any court having cognizance thereof, at the instance of the Mayor and Aldermen of the City of Savannah, for the time being, and applied by the commissioners of plotage to the deepening of the said River Savannah. And moreover, it shall and may be lawful for the said Mayor and Aldermen for the time being, and they are hereby authorised and required, to cause the said encroachments to be removed, and the costs and expences thereof, shall be a charge upon the said whars lot, and may be recovered by distress and sale of the said whars lot and improvements, notwithstanding the forfeiture hereinbefore expressed. SEC. 5. And be it further ena[UNK]cted, That so much of the aforesaid a[UNK]ct as is repugnant to this a[UNK]ct, be and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To add a part of Wilkes County to Greene, and a part of Greene to Clark, and to make permanent the Seat of the Public Buildings in the Counties of Greene and Clark. WHEREAS several citizens in the South Western Corner of Wilkes, have petitioned this Legislature, to be added to Greene. SECTION 1. Be it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and after the passing of this A[UNK]ct, all that part of Wilkes

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lying [Illegible Text] of a line beginning where the present line between the two said Counties crosses the south fork of Little River, running thence a strait line to the Greene and Hancock Corner, on Ogechee River, be and the same are hereby added to the County of Greene. SEC. 2. And be it further ena[UNK]cted, That the County Surveyor of Greene, be and he is hereby required to run and plainly mark the line aforesaid, and he shall be and he is hereby allowed the sum of ten dollars, for the expence of chain bearers, choppers, c. to be paid by the Inferior Court of the County of Greene, out of the County funds. SEC. 3. And be it further ena[UNK]cted, That Greensborough, be and it is hereby established as the permanent Seat for the Public Buildings for the County of Greene. SEC. 4. And be it further ena[UNK]cted by the authority aforesaid, That all that part of Greene County, lying northwardly of a line to be drawn from the mouth of Falling Creek, at the corner of Oglethorpe on the Oconee River, a dire[UNK]ct line to the corner of Greene and Clark Counties, on the Appalachee River, be added to the County of Clark; and that the Seat of the Public Buildings in the said County of Clark, do remain permanent in the Town of Watkinsville; and that the said line shall be run by any lawful Surveyor at the expence of Clark County. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To authorise John Straham, Willis Speers, and Joseph Mock, Commissioners therein named, to open and keep

Page (59)

open a Road back of the Big Bay is [Illegible Text] County. WHEREAS many of the inhabitants of Effingham County, labour under great disadvantages by having a large Bay Gall, or Swamp between them, and the road leading from Louisville to Savannah, and have petitioned this Legislature for redress. SEC. 1. Be it ena[UNK]cted by the Senate and House of Represeneatives of the state of Georgia, in General Assembly met, That John Straham, Willis Speers, and Joseph Mock, be and they are hereby appointed Commissioners of a Road by them to be laid out, beginning at the plantation formerly occupied by Mr. Moore Spier, deceased, and continue down back of the Big Bay, as straight as possible until the same interse[UNK]ct the Ogechee Road at Ford's. SEC. 2. And be it further ena[UNK]cted, That the inhabitants liable to work on Roads living back of the Big Bay, or nearest the sad new road, are hereby declared liable to work on said road, and no other; any law or regulation to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To amend an a[UNK]ct entitled, an a[UNK]ct to divde the County of Jackson, passed the 5th day of December, 1801. WHEREAS the above recited a[UNK]ct, does not embrace all the obje[UNK]cts for which it was contemplated. SECTION 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That the County Surveyor of

Page (60)

the County of Jackson, be and he is hereby dire[UNK]cted to employ two chain bearers, and immediately proceed to admeasure the lines of said County, and ascertain the center thereof, and shall officially certify the same to the Commissioners of the Court House and Jail, who may be appointed by virtue of this a[UNK]ct, for which services compensation shall be made at the expence of said County by the Justices of the Inferior Court. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That the Justices of the Inferior [Illegible Text] be and they are hereby appointed Commissioners of the Court House and Jail in said County, and they or a majority of them, are vested with full power and authority to fix on the most convenient place within two miles of the center of the County as aforesaid, [Illegible Text] which the Courts and Ele[UNK]ctions shall be held, as soon as suitable buildings are ere[UNK]cted thereat; and the said Commissioners or a majority of them are hereby authorised and empowered to contra[UNK]ct with fit and proper persons for the purpose of building a Court House and Jail in the County aforesaid, which after at least thirty days notice shall be let to the lowest bidder. SEC. 3. And be it further ena[UNK]cted by the authority aforesaid, That the Justices of the Inferior Court of said County, are hereby authorised and empowered to levy a tax, not exceeding one sixth of the general tax, on the inhabitants and taxable property within the same, for the purpose of ere[UNK]cting a Court House and Jail, and [Illegible Text] the expence of the County Surveyor and chain bearers as aforesaid, which shall be done in such manner asin their judgment will be least burthensome to the people. SEC. 4. And be it further ena[UNK]cted by the authority aforesaid, That so much of the before recited a[UNK]ct, as mlitates against this a[UNK]ct, be and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802.

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AN ACT To appoint Commissioners for the better [Illegible Text] and [Illegible Text] of the Town of [Illegible Text] WHEREAS the Town of [Illegible Text] requires regulation. SEC. 1. BE it therefore eua[UNK]cted by the Senate and House of Representatives of the State of Georgia in General assembly met, and by the authority of the same, That the following persons to wit: Robert Thompson, Leroy Pope, Richard Easter, Samuel Watkins, and John Ragland, be and they are hereby appointed Commissioners of the Town of Petersburg, and that they, or a majority of them, shall, immediately after the passing of this a[UNK]ct, convene, and proceed to the appointment of a Clerk, and such other officers as they may deem necessary, to carry this a[UNK]ct into execution. SEC. 2. And be it further ena[UNK]cted, That the said Commissioners shall hold their respe[UNK]ctive appointments hereby given, until the first Monday in January 1804, at which time, and on every subsequent first Monday in January thereafter, the ctizens of Petersburg, entitled to vote for members of the General Assembly, shall choose by ballot, five persons to succeed them as Commissioners of said town, and they shall have, and they are hereby vested with full power and authority, to make such by-laws and regulations, and infli[UNK]ct or impose such pains, penalties and forfeitures, as in their judgment shall be conducive to the good order and government of the sad Town of Petersburg: Provided, that such by-laws and regulations, be not repugnant to the Laws and Constitution of this State, and that the pains, penalties and forfeitures aforesaid, shall not extend to life or member. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802.

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AN ACT To authorize Josiah Tattnall, junior, Nicholas Long, and Phlip Clayton, late Commissioners of reverted [Illegible Text] property, to supply certain words omitted in the titles of the Reverend William M`Whir, a purchaser at the sales of the aforesaid property. WHEREAS it appears that the Reverend William M`Wh[UNK]ir, did, at the sales of reverted confiscated property, on the 23d July 1794, become the purchaser of a tra[UNK]ct of land, which is described in the advertisement of the Commissioners, n the following words, to wit: That tra[UNK]ct of land containing 200 acres, bounded on the east by Salt Marsh, to the west on lands of Thomas Morris, to the north on lands of Jeremiah Dickinson, and the south on lands formerly Westberry's, now William Woodward's: And whereas, it further appears, that in filling up the titles to the said William M`Whir, the following words were omitted, to wit: To the west on lands of Thomas Morris, to the north on lands of Jeremiah Dickinson, and the south on lands formerly Westberry's, now William Woodward's, whereby the title of the said William M`Whir, is rendered defe[UNK]ctive and wholly uselets; for remedy whereof BE it ena[UNK]cted by the [Illegible Text] and House of Representatives of the State of Georgia iu General Assembly met, and it is hereby ena[UNK]cted by the authority of the same, That Josiah Tattnall, junior, Nicholas Long, and Philip Clayton, late Commissioners of reverted confiscated property, be and they are hereby authorised to supply the aforerecited omitted words, in the titles of the aforesaid William M`Whir, which shall be held and considered of the same force and validity, as if the said words had been therein originally inserted, any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802.

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AN ACT To authorise an Extra Session of the Superior Court of Chatham County. WHEREAS it has been represented, that in consequence of the long vacancy in the appointment of Judge of the Eastern Distri[UNK]ct, the suits and prosecutions have been so greatly accumulated in the County of Chatham, as to render an extra session of the Superior Court of said County, highly necessary and expedient. SEC. 1. Be it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby ena[UNK]cted by the authorty of the same, That the Judge of the Eastern Distri[UNK]ct shall hold, and he is hereby authorized to hold an Extra Session of the Superior Court of said County, to commence on the second Monday in January next. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That from and immediately after the passing of this a[UNK]ct, Juries shall be drawn and summoned to attend, and serve on trials at the said extra session, in the mode already pointed out by law. Provided nevertheless, that where Juries have been already drawn for the next regular term of said Superior Court, such Juries shall stand over, and be confidered the legal Juries under and for the purposes of this A[UNK]ct; any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To Incorporate the Savannah House Carpenters. WHEREAS, George Robertson, George Henry, Asa Hoxey, Francis Roma, James Shaffer, William

Page (64)

Mitchell, Thomas Ball, George Myers, Joseph Rahn, Frederick Bolinger, Philip Newton, Peter Wyly, William Mills, John Long, Christopher Hall, Robert Frazer, Edward Jones, L. de Young, John Readmole, John Brewer, John Street, Benjamn Collier, John Gable, William Burnside, John Peter Oates, John Bowles, Alexander Wilson, William Pearson, Thomas Jones, Thomas Hardy, John H. Shaw, Joseph Stilwell, John Hoxam, Nathaniel Lewis, William Mathews, John Reed, Samuel Baas, Joseph Shepherd, William Worrington, Isaac Tichenor, Goodlip Hover, William Spencer, and William Burke, have by their petition represented, that they are of that class of mechanics called House Carpenters, and being desirous of placing their craft upon a more respe[UNK]ctable and social footing than heretofore, so that the obje[UNK]cts thereof may be essentially benefitted and improved, have prayed the Legislature to grant them an a[UNK]ct of incorporation. SECTION I. Be it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georga, in General Assembly met, and by the authority thereof, That the several persons herein before named and mentioned, and others who may become members of the said class of mechanics called House Carpenters, respe[UNK]ctively, the officers and members thereof, and their successors, shall be and they are hereby declared to be a body corporate, in name and deed, by the style and denomination of The Savannah House-Carpenters, and by the said name and style shall have perpetual succession of officers and members, and a common seal to use, and shall have power and authority to make, alter, amend and change such by-laws, as may be agreed on by the members of the same. Provided, such by-laws be not repugnant to the laws and constitution of this state, or the United States. SEC. 2. And be it further ena[UNK]cted by the authority aforesaid, That they shall have full power and authority under the the said style and denomination, to sue and be sued, implead and be impleaded, answer and be answered

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unto in any Court of Law, or at any tribunal having jurisdi[UNK]ction thereof, and the rights and privileges of the said society, or corporate body, in any court of law, or at any tribunal whatever to defend; and shall be and are hereby declared to be vested with all the powers and advantages, privileges and emoluments of an association or society of people incorporated, for the purposes and intentions of their said association. SEC. 3. And be it further ena[UNK]cted, That this a[UNK]ct shall be, and is hereby declared to be a public a[UNK]ct, to all intents and purposes whatever. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To secure unto Joseph Ray, the exclusive right and privilege to receive toll, at a bridge he has ere[UNK]cted over Little River. WHEREAS Joseph Ray, has represented by petition, that he has at great expence, ere[UNK]cted a bridge over Little River, on the Washington road; and in order that said bridge may be produ[UNK]ctive of more general utility, prays that he may be authorised to receive toll at said bridge for a limited time. Wherefore BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That the said Joseph Ray, his heirs and assigns, shall have the sole and exclusive right of receving toll at said bridge, and the said Joseph Ray, his heirs and assigns, shall and may legally demand and

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receive, during a term of ten years, a toll in the following manner, that is to say:for every loaded waggon, and other four wheeled carriage, twenty-five cents; for every empty waggon, twelve and an half cents; for every loaded cart, or other two wheeled carriage, twelve and an half cents; for every empty cart, or dray, fix and a quarter cents; for every man and horse, six and a quarter cents; for every foot passenger, six and a quarter cents; for every rolling hogshead, twelve and an half cents; for all black cattle per head, one cent; for all hogs, sheep and goats per head, one cent and no more, any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To authorize Joseph Rice, to establish a Lottery. WHEREAS Joseph Rice, has by petition represented, that he has in his possession Plate, Jewellery, Watches, and other articles of a similar nature, of a great value, which he cannot sell or dispose of in the usual and regular course of his prosession, as a watch-maker, and prays that he may be authorized to sell and dispose of the same by the Scheme of a Lottery. SEC. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, n General Assembly met, and by the authority of the same, That it shall and may be lawful for the said Joseph Rice, to establish a Lottery, from and immediately after the passing of this a[UNK]ct, to rafe the sum of ten thousand dollars, under such scheme and regulations, as he may deem necessary

Page (67)

and proper, to carry into effect the above recited obje[UNK]ct. SEC. 2. And be it further ena[UNK]cted, That so soon as the said Lottery shall have been completed, the said Joseph Rice shall pay into the Treasury of this State, the sum of two hundred dollars, which is equal to the rate of two per centum on the aforesaid sum of ten thousand dollars, the captal of sad Lottery. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. AN ACT To authorize the inhabitants of certain Wards, that now are, or may be laid off in Savannah, to vote for Aldermen. WHEREAS certain wards are laid off from the Commons appurtenant to the City of Savannah, the inhabitants whereof are not represented in the Council of the City of Savannah. SEC. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That it [Illegible Text] and may be lawful for the persons entitled to vote for Aldermen, and who reside in the present new wards of the city, to meet together, and on the first Monday in January next, at such place or places as the City Council shall dire[UNK]ct, and vote for Aldermen qualified to be ele[UNK]cted as follows: The two wards called Greene and Columbia, shall be united, and be entitled to one Alderman; the wards called Liberty and Elbert, shall be united, and entitled to one Alderman, to be ele[UNK]cted in

Page 68

manner and form as the other Aldermen for the said city are ele[UNK]cted, and to continue in office until the next General Ele[UNK]ction for Aldermen for the said city, and from thence be ele[UNK]cted annually, as is prescribed by the a[UNK]cts relative to the said city corporation. SEC. 2. And be it further ena[UNK]cted, That when the said wards called Greene, Columbia, Liberty and [Illegible Text] or any other ward that now is, or shall hereafter be [Illegible Text] off by the City Council, from the lands appurtenant to the said city, shall have each twenty dwelling houses, or tenements, occupied, such wards shall be entitled to ele[UNK]ct an Alderman; and where any two wards have not more than twenty dwelling houses or [Illegible Text] occupied, such two wards united, shall be entitled to ele[UNK]ct one Alderman, when the qualification aforesaid shall be duly notified by the City Council, at the General Ele[UNK]ction for Aldermen of the said city, as is prescribed by law. SEC. 3. And be it further ena[UNK]cted, That from and after the passing of this a[UNK]ct, if any person or persons entitled to vote at the ele[UNK]ctions for Aldermen of the said city, shall vote in any ward, other than that in which he or they may or shall reside, every person so offending, shall forfeit and pay to the corporation of the said city, the sum of thirty dollars, to be recovered in a justices court of said city, and every vote so given contrary to this a[UNK]ct, shall be void and of no effect; and if such offenders or offenders should have neither real or personal property, with which to satisfy the same, he or they may be committed to the common jail of the county for ten days. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802.

Page 69

AN ACT To carry into effe[UNK]ct the ninth se[UNK]ction of the third [Illegible Text] of the constitution. WHEREAS marriage being among the most solemn and important contra[UNK]cts in society, has been regulated in all civilized nations by [Illegible Text] systems; And whereas, circumstances may require a [Illegible Text] of contra[UNK]cts founded on the most binding and sacred obligations which the human mind has been capable of divising, and such circumstances may combine to render necessary the dissolution of the contract of marriage, which dissolution ought not to be dependent on private will, but should require Legslative interposition, inasmuch as the Republic is deeply interested in the private happiness of its citizens: And whereas, the Constitution of [Illegible Text] State declares that Divorces shall not be granted by the Legislature until the parties shall have had a fair trial before the Superior Court, and a verdi[UNK]ct shall have been obtained, authorising a Divorce upon legal principles; and in such cases, two thirds of each branch of the Legislature, may pass a[UNK]cts of Divorce accordingly. And doubts being entertained by the Judges of the Superior Courts of this state, with respe[UNK]ct to their powers of deciding upon applications for divorce, before the General Assembly have legislated upon the said se[UNK]ction of the third article of the constitution. For the purpose of obviating said doubts, and of carrying into effe[UNK]ct the said se[UNK]ction of the constitution, therefore SEC. 1. Be it ena[UNK]cted by the Senate and House of Representatives, in General Assembly met, and it is hereby ena[UNK]cted by the authorty of the same, That the Divorce recognized by this a[UNK]ct, shall be the total Divorce, that is to say, the Divorce, a [Illegible Text] [Illegible Text]. SEC. 2. And be it further ena[UNK]cted, That the proceedings on Divorce shall be by petition to the Court, which petition shall plainly and fully state the cause or

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[Illegible Text] of the application for such Divorce; to which petition the Clerk shall annex a citation signed by such Clerk, and bearing teste in the name of the Judge having cognizance of the case, dire[UNK]cted to the Sheriff, [Illegible Text] or requiring the defendant to appear at the Court [Illegible Text] which the same is made returnable, thirty days before the setting of the Court, by serving a copy of such Petition and ctation on the Defendant, or by leaving a copy at his or her most notorious place of abode. SEC. 3. And be it further ena[UNK]cted, That the following proceeding shall be observed by the Defendant, to wit: The Defendant shall appear at the Court to which the petition and citation are made returnable, and on or before the last day of the Court, shall make his or her answer or defensive allegation in writing, signed by the party making the same, or his or her attorney, which may extenuate, deny or contain as much matter, or as many circumstances in his or her defence, as the said Defendant may think necessary and proper therein. SEC. 4. And be it further ena[UNK]cted, That where the said Defendant shall fail to appear as aforesaid, the Court shall proceed to give judgment by default, which [Illegible Text] be enquired of as the law dire[UNK]cts, and has heretofore been the custom and pra[UNK]ctice of Courts as in cases of default. SEC. 5. And be it further ena[UNK]cted, That the verdi[UNK]ct of the Jury, which by the aforesaid se[UNK]ction of the constituton must in its nature be interlocutory, not definitive, shall be in the form and words following, to wit: We find, that sufficient proofs have been referred to our consideration to authorize a total Divorce, that is to say a Divorce a vinculo matrimonii, upon legal principles between the parties in this case: a certfied copy of which verdi[UNK]ct, signed by the Clerk of the Court at which the said verdi[UNK]ct shall have been obtained; together with the records appertaining to the same, shall be, and is hereby considered as a full compliance with the aforesaid se[UNK]ction of the third article of the [Illegible Text].

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SEC. 6. And be it further ena[UNK]cted by the authority aforesad, That when any person shall be out of the limits of this state, that has complaint [Illegible Text] against them by virtue of this a[UNK]ct, the Judge presiding may make a rule of Court to compel their attendance or proceed to trial in case of default. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. JOHN MILLEDGE, Governor. Assented to December 1, 1802. IN THE HOUSE OF REPRESENTATIVES, Thursday, 18 th November, 1802. WHEREAS there is no law, order or resolution of the Legislature of this state, providing for the settlement of the accounts with the Justices of the Inferior Courts, of the receipts and expenditures of the county funds: And whereas, Grand Juries have frequently endeavoured to enquire into the same without success, their situation being too intricate, and many accounts of too long standing, to be properly investigated by them, particularly so, as witnesses are sometmes necessary to their elucidation. BE it therefore Resolved, That the Judges of the Superior Courts within their respe[UNK]ctive distri[UNK]cts, are hereby authorized and required, to appoint three commissioners in such counties of this state, as appears from the presentments of their Grand Juries, that the accounts have remained in an unsettled state, and the commissioners so appointed, are hereby authorised and required, to call for such documents or other testimony, as in their judgment will tend to explain and elucidate the subje[UNK]ct before them; and in case of any commissioner or commissioners so appointed refusing to a[UNK]ct, or vacancy happening from any cause, it shall be the duty of the judge

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[Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text], and it shall be the duty of the said [Illegible Text] to make a full and [Illegible Text] report of their proceedings, to the first Superior Court that may be [Illegible Text] within such county after their appointment, in order that the same may be laid before the Grand Jury, whose duty it shall be to [Illegible Text] the same, and experss their decision [Illegible Text]; and it is hereby made the duty of the Inferior Court of such county, to provide, out of the county funds, a reasonable compensation for the services of the commissioners as aforesaid. And whereas, the Clerks of the Inferior Courts have to attend all courts held by their justices for county purposes, and keep records of their proceedings, for which there is no compensation allowed by law. Be it therefore resolved, that the justices of the said courts, are hereby authorised and required, to take up their accounts annually, and allow them a reasonable compensation for all extra services by them performed in conformity to orders, and doing and performing the duties required of them, as are not heretofore provided for. And be it further resolved, That it shall hereafter be the duty of the Inferior Courts, to lay a statement of the receipts and expenditures of the county monies annually, before the Grand Jury of their county, and that this resolution be sent to Senate for their concurrence. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. Extra[UNK]ct from the Journal, Teste, HINES HOLT, Clerk. WILL ROBERTSON, Secretary. EXECUTIVE DEPARTMENT, November 27, 1802. Presented and approved of, JOHN MILLEDGE, Governor. Teste, GEORGE R. CLAYTON, Secretary.