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:: ELISHA H. WALDO, 17990100 English

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: PASSED AT LOUISVILLE, IN JANUARY AND FEBRUARY, 1799 . 17990100 17990200 LOUISVILLE: PRINTED BY ELISHA H. WALDO, FOR ALEXANDER M'MILLAN, Printer to the State. 1799.

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TABLE OF CONTENTS. An act to carry into effect the twelfth section of the fourth article of the Constitution. 3 An act to admit James Stewart and Judah Eltoft, free persons of colour, to the priviledges of citizens of this state, as far as is therein expressed. 5 An act for establishing a ware-house on the land of Claiborn Webb, on Broad river; and one other ware-house on the land of John Willhight, in the county of Elbert. 6 An act supplementary to an act entitled, an act to regulate the general elections in this state, and to appoint the time of the meeting of the general assembly; passed the [Illegible Text] day of February, 1799; and an act entitled, an act for the appointment of county officers; passed the 16th day of February, 1799. 7 An act to extend and enlarge the jurisdiction of the mayor and aldermen of the city of Savannah; and to limit and define certain powers heretofore vested in the corporation of the city of Augusta. 9 An act to authorize the inferior court of the county of Bryan, to lease the commons of Hardwicke, and the glebe land of faid county. 11 An act supplementary to an act, entitled, an act for altering the great seal of the state of Georgia, passed the 8th day of February, 1799. 11 An act further explaining and defining the duties and powers of comptroller-general. 13 An act to give further time to the officers of this state to take and subscribe the oath required by the act entitled, an act to compel all officers, civil and military within this state, to take and subscribe an oath to support the constitution thereof; passed the 16th day of February, 1799. 15 An act for the better regulating the admeasurement of lumber within this state. 17 An act to empower the justices of the inferior court of the county of Camden, or a majority of them, to appoint inspectors of cattle in said county. 19 An act securing to John King, his heirs and assigns, the exclusive right of erecting a toll bridge across [Illegible Text] creek. 20 An act to [Illegible Text] certain persons therein named. 23 An act to regulate the pilotage of vessels to and from the several [Illegible Text] of this state. 24 An act to raise a tax for the support of government for the year [Illegible Text]. 33 An act to authorize certain commissioners therein named to establish a lottery for the purpose of raising the sum of thirty-five thousand five hundred dollars, to be appropriated to the cutting a canal from the river Alatamaha to Turtle river. 56 An act to empower the inferior courts of the several counties in this state, to order the laying out of public roads, and to order the building and keeping in repair of public bridges. 57 An act for appropriating money for the year one thousand eight hundred. 65 An act to authorize certain persons therein mentioned to sell or otherwise dispose of certain land appertaining to the people called Quakers. 69 An act to repeal an act, entitled, an act allowing further time to the officers and soldiers of the late state troops who have received no compensation for their services, to make their claims, and have them liquidated by the auditor; passed the seventeenth day of September, 1792. 71 An act to carry into effect the 8th section of the 3d article of the constitution. 71 An act to amend an act for adding part of Oglethorpe to Greene, and part of Greene to Oglethorpe. 73 An act supplementary to an act, entitled, an act for ordering and governing slaves within this state, (then province) passed the tenth day of May, 1770, and for establishing a jurisdiction for the trial of offences committed by such slaves, and other persons therein mentioned, and to prevent the inveigling and carrying away slaves from their masters, owners or employers, and for repealing such laws and clauses of laws, as militate against the fame. 74 An act to amend an act to carry the 24th section of the 1st article of the constitution into effect. 75 An act for the relief of Bazil Lamar. 77 Resolution respecting an appropriation in favor of Robert and George Watkins. 78 Resolution respecting the remaining part of the public goods purchased for the Colerain treaty. 79 Resolution respecting the laying out a road between this and the state of Tennesfee. 80 Resolution respecting the returns of elections for county [Illegible Text], c. 80

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An [Illegible Text] to impase a Tax for the support of Government for the year one thousand seven hundred and ninety nine. BE it enaded by the Senate and House of Representatives of the State of Georgia, in General Assembly [Illegible Text], and by the authority thereof, That a tax of thirty-five cents for every hundred dollars value of all lands within this State, granted to, or surveyed for any person or persons, shall be paid and levied thereon, the value or estimation of such lands to be rated agreeably to the estimation or value of lands in and by an act entitled, An Act to raife a tax for the support of Government for the year one thousand seven hundred and ninety seven. And be it further enaded, That the sum of thirty one and a quarter cents shall be levied on all free male white persons, resident within this State, of the age of twenty one years or upwards; and the sum of thirty one and a quarter cents on all negroes and other slaves, under the age of sixty years, within the limits of the same; and the sum of thirty one and a quarter cents for every hundred dollars value of every lot, whars or other land not particularly estimated in the act before recited, and on all building within the limits of any town, village, borough or city, within the same; the sum of fifty

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cents on all free male negroes, mulattoes and mustizoes of the age of twenty one years or upwards, over and above the taxable property they may be possessed of; the sum of twenty cents on every hundred dollars value of all persons' stock in trade, merchants, shopkeepers, and others to be computed at prime cost, and the return to be made on oath that the stock in trade so returned is the highest estimation of the stock in such persons' possession, at any time not exceeding three months preceding the time appointed for such stock in trade to be estimated and returned. The sum of of four dollars on all professors of law and physic; the sum of fifty dollars on all billiard tables; and the sum of three hundred dollars on every farro, equality or E. O. table, or other instrument of similar construction, used or intended for the purpose of gambling: And all and every person and persons who may set up or keep any table of the aforementioned constructions shall pay the sum hereby levied, notwithstanding the same may not have been used at the time of making returns of taxable property, and shall whenever the collector may deem it necessary, oblige the person or persons keeping the same to give security for the payment thereof; and in case security is not given, the collector shall proceed to levy on any property real or personal belonging to the holders or keepers of such tables, notwithstanding the time for collecting the general tax may not have taken place. The sum of four dollars on all factors and

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brokers; and the sum of eighteen and three quarter cents, on every hundred dollars value of all foreign wares, liquors and merchandize, sold, bartered and trafficked for by all such factors and brokers; and the sum of fifty cents on every hundred dollars of the funded stock of the United States, to be given in by the holders thereof in like manner as stock in trade. Provided [Illegible Text], that in all cases of extreme indigence or infirmity, the Inferior Court of each county shall and they are hereby authorized to remit the poll tax on such indigent or infirm person claiming the same. And be it further enacted, That nothing shall be received in payment of said taxes except specie at the following rates, to wit: French crowns at one hundred six and a quarter cents, and other coin at the rates established by the laws of the United States, or bank bills of the United States. And be it further enacted, That the Inferior Courts of the respective counties of this State, or any three or more of the members of the said courts, shall be and they are hereby authorized and required to elect the receiver or receivers of tax returns (as the case may be) for the time being, and the collectors of taxes in their respective counties, within forty days after the annual adjournment of the General Assembly, and take bond with two or more good and sufficient securities, in such sum as may be provided for in the tax law for the time being, conditioned for the faithful performance of the duties required of them by law; which bond

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shall by the said justices or Inferior Court be transmitted to the Secretary of State within the term of forty days as aforesaid, and shall on the appointment of the said collectors and receivers, qualify them into office. And be it further enacted, That if it should so happen that any of the counties shall not elect, take bond and qualify the collectors and receivers of tax returns pursuant to this Act, that then, and in that case his Excellency the Governor shall appoint a receiver of tax returns and collector of taxes, and issue a commission, directed to the justices of the Inferior Court of the county where such neglect or default may happen, to take bond and qualify the parties or persons so elected. And be it further enacted, That the duties of the said receivers and collectors shall severally be the same as pointed out for receivers and collectors in and by the Act to raise a tax for the support of government for the year one thousand seven hundred and ninety seven; and the regulations, restrictions, clauses and provisos, as well for the government and rule of such collectors and receivers, as for the government and rule of all persons as are liable to pay tax, either for giving in returns or payment of taxes, or for the time and mode for so doing shall be the same for carrying this law into execution, as is therein contained, for the regulations and restrictions under which that law is declared to operate.

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And be it further enacted, That for the purpose of carrying the intent and meaning of the foregoing clause more fully into execution, that every part of the before recited Act to raise a tax for the support of government for the year one thousand seven hundred and ninety seven, not militating with this act, shall be held, deemed and considered as of full force and effect. And be it further enacted, That the receiver of tax returns shall within thirty days after publishing the names of defaulters, proceed to and assess all such defaulters, in a sum equal, according to the best of his opinion, to the full amount of the tax of such defaulter or defaulters, which said assessment shall be held and deemed good against such defaulter or defaulters, for double the amount of the said assessment in manner pointed out by the said act of one thousand seven hundred and ninety seven, for proceeding against defaulters:Provided, That if any defaulter or defaulters so assessed, shall at any time before the collector shall levy for the same, make return upon oath before the receiver of his or her taxable property, the said assessment shall be considered void, and the collector shall consider the return as the proper charge against said defaulter. And be it further enacted, That at the meeting of every General Assembly hereafter, it shall be the duty of the Treasurer to make out an account of the arrearages of all collectors of taxes, and holders of

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public monies; and to post it up in the State House for the information of the members. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. Js. JACKSON, GOVERNOR. Assented to, February 13, 1799, An Act to amend an act, entitled, An act to [Illegible Text] and amend the Judiciary System of this State. SECT. 1. BE it enacted by the Senate and house of Representatives of the State of Georgia, in General Assembly met, and by the authority of the [Illegible Text], it is hereby enacted, That the Superior and Inferior Courts, shall be held in the several counties, at the respective times appointed by an Act, entitled, An act to revise and amend the Judiciary System of this State, so far as relates to the first terms which shall happen after the passing of this act; and from and after the expiration of the said first term in each county, the said Superior Courts shall be held in each county in the respective districts twice in [Illegible Text] year, by one or more of the Judges of the Superior Courts, at the several times herein after mentioned, to wit: In each county in the

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EASTERN DISTRICT. On the first monday in October in the county of Camden; the monday thereafter in the county of Glynn; the monday thereafter in the county of M'Intosh; and the monday thereafter in the county of Liberty. On the third monday in November in the county of Bryan; the monday thereafter in the county of Bullock; the monday thereafter in the county of [Illegible Text], and the monday thereafter in the county of Chatham. SPRING CIRCUIT. On the third monday in March, in the county of Camden; the monday thereafter in the county of Glynn; the monday thereafter in the county of M'Intosh; and the monday thereafter in the county of Liberty. On the first monday in May in the county of Bryan; the monday thereafter in the county of Bullock; the monday thereafter in the county of [Illegible Text]; and the monday thereafter in the county of Chatham. And the said superior courts shall be held a the respective times following in the MIDDLE DISTRICT. On the first monday in March and September in Columbia; the third monday in March and September in Richmond; on the first monday in April and October in Burke; on the third monday in April and October in Scriven; on the fourth monday in April and October in Jefferson;

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on the second monday in May and November in Montgomery; on the third monday in May and November in Washington; and on the second monday in June and December in Warren. And the said several courts shall be held at the respective times following in the WESTERN DISTRICT. On the last monday in February and August in Hancock; on the second monday in March and September in Greene; the third monday in March and September in Oglethorpe; the fourth monday in March and September in Jackson; the first monday in April and October in Franklin; the second monday in April and October in Elbert; the third monday in April and October in Lincoln; and the fourth monday in April and October in Wilkes. SECT. 2. And be it further enacted, That from and after the expiration of the said first term after the passing of this act, the inferior courts shall be held twice in every year in each county by the justices of the said inferior courts, or a majority of them at the several times herein after mentioned, that is to say, in the several counties in the EASTERN DISTRICT. On the first monday in January in Camden; on the monday thereafter in Glynn; on the monday thereafter in M'Intosh; on the monday thereafter in Liberty; on the monday thereafter in [Illegible Text]

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on the monday thereafter in Bullock; on the monday thereafter in [Illegible Text]; and on the monday thereafter in Chatham. On the first monday in June in the county of Camden; the monday after in Glynn; the monday after in M'Intosh; the monday after in Liberty; the monday after in Bryan; the monday after in Chatham; the second monday thereafter in [Illegible Text]; and the monday thereafter in Bullock. And the said inferior courts shall be held at the respective times following in the MIDDLE DISTRICT. On the third monday in June and December in Columbia; the fourth monday in June and December in Richmond; the first monday in July and January in Burke; the second monday in July and January in Scriven; the third monday in July and January in Jefferson; the fourth monday in July and January in Montgomery; the first monday in August and February in Washington; and the second monday in August and February in Warren. And the said inferior courts shall be held at the respective times following in the WESTERN DISTRICT. On the first monday in January and June in Hancock; on the second monday in January and June in Greene; on the third monday in January and June in Oglethorpe; on the fourth monday

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in January and June in Jackson; on the first monday in February and July in Franklin; on the second monday in February and July in Elbert; on the third monday in February and July in Lincoln; and on the fourth monday in February and July in Wilkes. And the justices of the inferior courts may adjourn from day to day, until they accomplish the business of the term. POWERS COMMON TO BOTH. SECT. 3. And be it further enacted, That the said superior and inferior courts shall have full power and authority to hear and determine all causes both civil and criminal of which they shall severally have jurisdiction according to the Constitution and laws of this State, by a Jury of twelve men, to be taken from the county, in such manner as shall herein after be prescribed, according to the usages and customs of law. SECT. 4. And be it further enacted, That in case of unavoidable accidents, whereby the said superior courts in any county, shall not be held at the time appointed for holding the same, it shall be the duty of the clerk of such court to adjourn the same from day to day, not exceeding two days; and if the said court should not fit within the said two days as aforesaid, such clerk shall then adjourn the same to the next term. SECT. 5. And be it further enacted, That the said superior and inferior courts shall be courts of record, and have power to administer oaths, and exercise

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all other necessary powers appertaining to their jurisdictions respectively, according to [Illegible Text]; and where any of the said courts shall fail to meet, the proceeding in such courts shall not thereby be discontinued, but shall stand continued over in the same manner as if such failure had not been; and all witnesses going to, attending on, and returning from any of the said courts, shall be free from arrest on any civil process. SECT 6. And be it further Enacted, That the said courts shall have power on the trial of causes cognizable before them respectively on ten days notice, and proof thereof being previously given to the opposite party, or his, her or their attorney, on motion to require either party to produce books and other writings, in his, her, or their possession, power or custody, which shall contain evidence pertinent to the cause in question, under circumstances where such party might be compelled to produce the same by the ordinary rules of proceeding in equity; and if the plaintiff shall fail or refuse to comply with such order, it shall be lawful for the court on motion to give judgment against such plaintiff as in case of non-suit; and if the defendant shall fail or refuse to comply therewith, the court on motion shall give judgment against such defendant as in case of judgment by default; and the said courts respectively shall have power and authority to establish copies of lost papers, deeds or other writings under such

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rules and precautions as are or may have been customary and according to law and equity. SECT. 7. And be it further [Illegible Text] That the judges of the superior courts or any one of them, and the justices of the inferior courts or any of them, in the absence of the judges of the superior courts, shall have power to issue writs of HABEAS CORPUS and in all cases to discharge, admit to bail, or remand to jail any prisoner according to their discretion and the law of the land: [Illegible Text] That in all cases of a capital nature where a writ of HABEAS CORPUS shall be issued by a justice of the [Illegible Text] court it shall be necessary that one or more of the justices of such inferior court shall associate with the justice granting the same, at the return thereof, and a majority of such justices shall concur in opinion on any decision or order aforesaid: And it shall be the duty of such justices to attend on one day's notice being given of the time and place of the return of such writ. PROCESS. SECT. 8. And be it further [Illegible Text] That all suits of a civil nature cognizable in the said courts respectively, shall be by petition to the court, which petition shall contain the plaintiff's charge, allegation or demand, plainly, fully and distinctly set forth, and be signed by the plaintiff, or his, her or their attorney, and to which petition the clerk shall annex a process, signed by such clerk, and bear teste in the name of one of the judges, or justices of

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such court, directed to the sheriff, requiring the defendant or defendants to appear at the court to which the same shall be made returnable, and shall be served on the defendant or defendants at leasst TWENTY days before the return thereof, by delivering a copy of such petition and process to the defendant or defendants, or leaving such copy at his, her or their most notorious place or places of residence. And if any process shall be delivered to the sheriff or other officer whose duty it shall be to execute the same, so late that it cannot be served in manner aforesaid, TWENTY days before the setting of the court to which it shall be returnable, such process shall not be executed, but the officer shall return the same with the truth of the case. And if any original civil process shall be taken out within TWENTY days of the next court, the same shall be made returnable to the next court to be held after the expiration of the said TWENTY days and not otherwise: And all process issued and returned in any other manner than that herein before directed, shall be, and the same is hereby declared to be null and void. SECT. 9. And be it further [Illegible Text] That all process issued by the clerks of the said courts respectively, where the sheriff, who ought to execute the same, shall be any wife interested, shall be directed to the coroner of such county, and served and returned by him in the same manner as is required of sheriffs: And for the more orderly and regular

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proceeding in the said courts, the following rules and methods shall be observed, to wit: The defendant or defendants shall appear at the court to which the petition and process shall be returnable, and on or before the last day of the said court, shall make his, her or their defence or answer in writing, which shall plainly, fully and [Illegible Text] set forth the cause of his defence, and be signed by the party making the same, or his, her or their attorney; which said answer may contain as many several matters as such defendant or defendants may think necessary for his, her or their defence: [Illegible Text], that no person shall be permitted to deny any deed, bond, bill, single or penal, note, draft, receipt, or order, unless he, she or they, shall make affidavit of the truth of such answer at the time of siling the same: And the said petition and answer shall be sufficient to carry the same to the jury, without any replication or other course of proceedings: And no petition, answer, return process, judgment, or other proceeding in any civil cause, shall be abated, arrested, quashed or reversed for any defect in matter of form, or for any clerical mistake or omission not affecting the real merits of the cause; but the court on motion shall cause the same to be a amended without any additional cost at the first term, and shall proceed to give judgment according to the right of the cause and matter of law, as it shall appear to the said court, without regard to such imperfections in matter of form, clerical mistake

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or omission; and no dilatory answer shall be received or admitted unless affidavit be made of the truth thereof. SECT. 10. And be it further [Illegible Text], That where any defendant shall fail to appear and answer in manner aforesaid the court on motion of the plaintiff, or his counsel, shall enter a judgment by default, and the plaintiff's claim, allegation or demand, shall be tried in all cases of judgment by default, by a jury; but no such trial shall in any case be had at the first term: And no cause whatsoever, depending in the said courts shall be continued more than one term at the instance of the same party. SECT. 11. And be it further enacted, That in all cases where a [Illegible Text] shall be instituted in any of the said courts, on any bond, note, or other written obligation, subscribed by feveral person, who [Illegible Text] in different counties, the plaintiff shall have his option to institute his [Illegible Text] in either of the said counties, and the clerk shall issue the original petition and process and a copy or copies in such county, against the defendant or defendants who may reside therein in manner directed by this act; and shall also issue another original and copy or copies thereof for the defendant or defendants, resident in other county or counties: and it shall be the duty of the plaintiff his agent or attorney, to cause such original and copies to be delivered to the sheriff or other officer in such other county or counties, who

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shall execute and return the same to the court from whence they issued, in such manner as is herein before directed, and on such return the plaintiff may proceed as in other cases. EXECUTORS and ADMINISTRATORS. SECT. 12. And be it further enacted, That no suit [Illegible Text] action shall be issued against any executor or administrator, for any matter or cause against the [Illegible Text] or intestate of such executor or administrator in any of the said courts, until the expiration of TWELVE months after probate of the will of such testator, or letters of administration granted on the estate of such intestate. And no suit in any of the said courts shall abate by the death of either party, where such cause of action would in any case survive to the executor or administrator, whether such cause of action would survive in the same, or any other form, but the same shall proceed as if such testator or intestate had not died, under the restrictions and regulations following: When a plaintiff shall die, in any case aforesaid, the executor or administrator of such plaintiff shall within THREE months after taking out probate of the will, or letters of administration, give notice to the defendant or defendants by SCIRE FACIAS to issue out of the clerk's office returnable in the manner herein before prescribed for the issuing and return of process; and in [Illegible Text] where the defendant shall die, it shall

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and may be lawful for the plaintiff to issue a SCIRE FACIAS in manner aforesaid, immmediately after by expiration of TWELVE months, requiring such executor or administrator to appear and answer to the said cause. And where a FEME SOLE being plaintiff shall marry pending any suit, the same shall not abate by reason of such intermarriage, but the same being suggested on the record, such cause shall proceed in the name of the husband and wife. BAIL. SECT. 13. And be it further enacted, That in all cases where bail is requirable, and the plaintiff in any action shall require bail, such plaintiff shall make affidavit before any judge, justice of the [Illegible Text] court or justice of the peace within this State, or any judge or justice of a superior court of any one of the United States, shall have annexed thereto the [Illegible Text] of the state from whence it shall come, and a certificate of the Governor certifying that the person taking such affidavit is one of the judges or justices of a superior court of that state, of the amount claimed by him, and that he has reason to apprehend the loss of the said sum, or some part thereof, if the defendant or defendants is, or are not held to bail, which affidavit shall be filed in the clerk's office, and copies thereof affixed to the original petition and process, and to the copy or copies thereof, and the amount sworn to, shall be endorsed on the petition and process.

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SECT. 14. And be it further enacted, That when any civil process shall issue out of any of the said courts whereby bail shall be required to be taken in manner aforesaid, of any person or persons to answer any action in any of the said courts, the sheriff or other officer shall take a bond with one or more sufficient security or securities, for double the sum sworn to, and shall return such bond with the petition and [Illegible Text]: And in case the sheriff or other officer shall fail or neglect to take such bail or the bail taken shall be deemed insufficient by the court, on exceptions taken thereto, and entry thereof made at the first term to which the said petition and process shall be returned, such sheriff or other officer, and his or their security or securities, in either of the said cases shall be deemed and stand as special bail, and the plaintiff may proceed to judgment according to the provisions of the act herein after mentioned. And in all cases where any defendant or defendants of whom bail shall be required, shall refuse to give good and sufficient bail, it shall be the duty of such sheriff or other officer, to commit such defendant or defendants to the common jail of the county, or if there should be no jail in the county, or the same shall be insufficient, it shall and may be lawful for the said sheriff, or other officer, to confine such defendant or defendants in some private house; [Illegible Text], such person or persons shall be allowed all the benefits of

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appearance and defence, as if he, she or they were personally present, and shall not be discharged out of [Illegible Text] but by putting in bail, or by order of court. SECT. 15. And be it further enacted, That all bail taken according to the directions of this act, shall be deemed, held and taken as special bail, and as such be liable to the recovery of the plaintiff; but the plaintiff after final judgment, shall not take out execution against such bail, until a CAPIAS AD SATISFACIENDUM shall be first issued thereon, and the principal cannot be found, and shall also issue a SCIRE FACIAS returnable to the said court, which shall be served on the bail at least TWENTY days before the return thereof; and after the return of such CA. SA. against the principal, and SCIRE FACIAS against the [Illegible Text], and judgment thereon execution may issue against the principal and bail, or either of them, or either of their estates, unless the bail shall surrender the principal at or before entering up final judgment on the SCIRE FACIAS either in open court in term time, or to the sheriff of the county in which such principal shall reside, at any time in vacation: And it shall be the duty of the court to order such principal into the custody of the sheriff, and the duty of the sheriff in time of vacation to receive into his custody such principal, and in either case to commit him, her or them to jail according to

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the directions of this act, any law, usage or custom to the contrary notwithstanding. SECT. 16. And be it further [Illegible Text], That when any SCIRE FACIAS issued according to the directions of this act, shall be by the proper officer returned served, the bail shall appear and answer, and the matter be tried at the first term to which the SCIRE FACIAS shall be returned, unless the bail shall shew very special cause to induce the court to continue the same for one term and no longer; and in case such bail shall not appear and answer in manner aforesaid, the court on motion of the [Illegible Text], or his counsel, shall enter final judgment at the [Illegible Text] term: But if it shall appear to the court, to which any SCIRE FACIAS may be returned served on the bail, that the principal is confined in any jail of this State, by virtue of any civil process, on proof thereof, and on motion of the plaintiff or bail, the said court shall order and direct, that such principal be retained in jail, where he, she or they shall remain a prisoner or prisoners, until he, she or they shall have paid the plaintiff's judgment and costs, or be otherwise discharged according to law; a copy of which order being served on the jailor or keeper of such prison before such prisoner's releasement, shall be a sufficient authority for him to retain such prisoner until such order shall be complied with and shall also be deemed a surrender of such principal, and as such shall discharge the bail. Provided,

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That nothing herein contained shall be so construed as to prevent any person, who shall be surrendered by the bail, pending any action, from putting in other good and [Illegible Text] bail, who shall be subject to the like proceedings, and allowed the same advantages as are herein before prescribed. MORTGAGES on REAL ESTATES. SECT. 17. And be it further enacted, That the method of soreclosing mortgages on real estates in this state, be as follows: Any person applying and entitled to soreclose such mortgage, or his, her or their attorney, shall petition the Superior court of the county wherein such mortgaged property may be, stating the case, and the amount of his, her or their demand, and describing such mortgaged property, and the court shall grant a rule that the principal, interest and cost shall be paid into court within twelve months thereafter, which rule shall be published in one of the public gazettes of this state, at least once in every month until the time appointed for payment, or served on the mortgagor or his special agent, at least six months previous to the time the money is directed to be paid, and unless the principal interest and cost be so paid, the court shall give judgment for the amount which may be due on such mortgage, and order the property mortgaged to be sold in such manner as is

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prescribed in cases of executions, and the money shall be paid to the mortgagee or his attorney; but where there shall be any surplus the same shall be paid over to the mortgagor or his agent. And in case of any dispute as to the amount due on any mortgage, if the mortgagor shall appear within the time prescribed by this act, and make affidavit that he hath made payments which have not been credited on the said mortgage, or that he is entitled to set-offs which in equity ought to be allowed, the court shall appoint one or more fit person or persons to audit and liquidate the same, but either party shall be entitled to a new trial therefrom, which shall be tried in like manner as shall be prescribed for the trial of appeals in other cases. MORTGAGES of PERSONAL PROPERTY. SECT. 18. And be it further enacted, That mortgages of personal property shall be foreclosed in the following manner: Any person or persons holding a mortgage on personal property, and wishing to foreclose to the same, shall make application to one of the judges of the superior, or justices of the ferior courts, and make affidavit before him, of the amount of principal and interest, due on such mortgage, which affidavit shall be annexed to such mortgage, and thereupon the clerk of the superior or inferior courts shall issuse execution as on a judgment, which execution being delivered

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to the sheriff, it shall be his duty to levy on the property wheresoever the same may be found, and after advertising the fame in one or more of the public Gazettes of this State at least SIXTY days, the sheriff shall set up and expose the same to sale, and the money arising from such sale shall be first applied to discharge the amount due on such mortgage and all legal costs, and the overplus if any to be paid to the mortgagor. Provided always, That if any dispute shall happen as to the sum due on any mortgage, that it shall and may be lawful for the said judge or justices of the inferior courts on affidavit, to order such sale to be postponed, the mortgagor giving bond with good and sufficient security in double the sum sworn to be due, for returning such property when called for by the sheriff, which bond shall be assignable by the sheriff to the mortgagee, who may sue and recover thereon, but the jury shall be sworn to give at least twenty-five per cent damages, in case it shall appear that such application was intended, for delay only. And in all cases where application has been heretofore made to the inferior courts for the foreclosure of mortgages of personal property, it shall and may be lawful, and they are hereby required to proceed to the foreclosure thereof, in like manner and order as herein pointed out for the foreclosure of mortgages on personal property.

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WITNESSES. SECT. 19. And be it further enacted, That where the attendance of any person shall be required as a witness in any of the courts aforesaid, in any cause depending therein, it shall be the duty of the clerks of the said courts respectively, on application to issue writs of SUBP[OElig]NA directed to the persons whose attendance shall be required, where such persons reside within the county in which such cause may be depending, which writ of SUBP[OElig]NA shall express the cause, and the party at whose suit it shall be issued, and shall be served on such witnesses at least FIVE days before the court to which it shall be returnable; and which writ shall be, served by a sheriff constable or some private person, and the return of a sheriff or constable of such service, or the affidavit of any private person, shall be sufficient evidence that such SUBP[OElig]NA was duly executed. SECT. 20. And be it further enacted, That where it shall appear in manner aforesaid, that a witness in any cause shall have been duly summoned, and such witness shall fail to appear, it shall be the duty of the court, on motion, to issue an attachment against such defaulting witness, returnable to the next court, and shall fine such witness in a sum not exceeding THREE HUNDRED DOLLARS, unless he or she shall make a sufficient excuse [Illegible Text] such

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non-attendance, which shall be judged of by the court, but shall nevertheless be subject to the action of the person at whose suit such witness shall have been summoned, for any damage which he, she or they may have sustained by reason of such non-attendance. SECT. 21. And be it further enacted, That when a subp[oelig]na shall be served on any witness in conformity to this act, it shall be the duty of such person so summoned, to attend from time to time until the cause in which such witness shall have been summoned is tried, or be otherwise discharged by the court. SECT. 22. And be it further enacted, That on the last day of the attendance of any witness, in each term, it shall and may be lawful on application of such witness, to exhibit his account for attendance against the person or persons at whose suit he or they may have been summoned, and the judge or presiding justice shall examine and certify the same under his hand, which shall be countersigned by the clerk, whereupon such account so certified, shall have the force and [Illegible Text] of an execution, and may be levied by the sheriff or constable, according to the amount thereof, off the goods and chattels of such party, in like manner as in cases of other executions: Provided [Illegible Text], That where any witness shall claim and levy for more than is really due, such witness shall [Illegible Text] and

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pay to the party injured four times the amount of the sum so unjustly claimed. And no party cast in any suit shall be taxed for more than the cost of two witnesses to any material point in any cause which shall be specially certified by the court trying the same, nor shall any party be allowed to tax costs for different witnesses to different material points, where the same witnesses shall be sufficient in the opinion of the court to prove such material points. SECT. 23. And be it further enacted, That where any witness resides out of the state, or out of any county in which his testimony may be required in any cause, it shall be lawful for either party, on giving at least TEN days notice to the adverse party, or his, her or their attorney, accompanied with a copy of the interrogatories intended to be exhibited, to obtain a commission from the clerk of the court in which the same may be required, directed to certain commissioners to examine all and every such witness or witnesses on such interrogatories as the parties may exhibit, and such examination shall be read at the trial on motion of either party. SETTS-OFF AND SPECIALTIES. SECT. 24. And be it further enacted, That in all cases of mutual debts and setts-off, where the jury shall

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find a balance for the defendant, such defendant may and shall enter up judgment for the amount, and take out execution in such manner as plaintiffs may do by this act: Probided, such defendant shall at the time of filing his answer, also file therewith a true copy or copies of the subject matter of such sett-off; and where the plaintiff shall be indebted to the defendant on open account for dealings between themselves, and where the defendant shall hold and possess in his own right, by assignment, indorsement or otherwise according to law, any bond, note, bill or other writing, for money or other thing of the said plaintiff's, such defendant, shall and may offer the same as setts-off, and on due proof shall be allowed the same. SECT. 25. And be it further enacted, That all bonds and other specialties, and promissory notes and other liquidated demands, bearing date since the ninth day of June one thousand seven hundred and ninety one, whether for money or other thing, shall be of equal dignity, and be negociable by indorsement, in such manner and under such restrictions as are [Illegible Text] in the case of promissory notes. Probided, That nothing herein contained shall prevent the party giving any bond note or other writing from restraining the negociability thereof by expressing in the body thereof such intention.

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VERDICTS AND JUDGMENTS. SECT. 26. And be it further enacted, That in all cases where a verdict shall be rendered, the party in whose favor it may be, shall be allowed to enter and sign judgment thereon at any time within four days after the adjournment of the court, at the clerk's office, for the amount of such verdict and all legal costs recoverable thereon, and no excution shall issue on any verdict, until such judgment shall be entered, signed by the party or his attorney; and all the property of the party against whom such verdict shall be entered shall be bound from the signing of the first judgment; but where several judgments shall be of equal date, the first execution delivered to the sheriff shall be the first satisfied: Probided always, That any party against whom such judgment shall be entered, may enter good and sufficient security, either in open court, or in the clerk's office, within the time aforesaid for the payment of the judgment and costs within sixty days, and if such party shall not pay the same agreeably thereto, execution may issue against such party, and the security without any other proceeding thereon: And [Illegible Text] also That in case either party shall be dissatisfied with the verdict of the jury, then, and in all such cases, either party may, within four days after the [Illegible Text] of the court in which such verdict was obtained,

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enter anappeal in the clerk's office of such court (as a matter of right) and if such verdict shall be obtained in the inferior court it shall be the duty of the clerk thereof to transmit such appeal to the clerk of the superior court of the county in which such verdict shall be obtained, who shall enter the same on the appeal doquet, which appeal shall be admitted and tried by a special jury[Illegible Text], The person or persons so appealing shall previous to obtaining such appeal, pay all costs which may have arisen on the former trial, and give security for the eventual condemnation money, except executors and administrators, who shall not be liable to give such security, but if on hearing such appeal, it shall appear to the jury that the appeal was frivolous and intended for delay only, they shall assess damage to the party aggrieved by such delay, not exceeding twenty five per centum on the principal sum which they shall find due; and such damages as shall be so assessed shall be specially noted in the verdicts of such jurors, and no person shall be allowed to withdraw an appeal after it shall be entered but by the consent of the parties. And in case of a jury committing a contempt, or breaking up before giving in their verdict in any civil case, the court may declare the same a miss trial, and shall fine each of the offending juror or jurors in a sum not exceeding one hundred dollars. And if any party, plaintiff or

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defendant, be hereafter non-suited or caft by reason of the neglect or misconduct of the attorney, who shall hereafter bring or be employed in such suit, in all such cases the said attorney shall pay all costs that may accrue thereby, and the court shall immediately enter up judgment accordingly for the same. SECT. 27. And be it further enacted, That no [Illegible Text] of judgment shall hereafter be entered up, but in the county where the defendant or defendants may refide, or unless the cause hath been regularly sued out and doqueted in the usual way as in other cases, nor until such cause be called in order by the court for trial. SECT. 28. And be it further enacted, That no verdict shall be received on any unliquidated demand where the jury have increased their verdict on account of interest, nor shall interest be given on any open account, in the nature of damages. SECT. 29. And be it further enacted, That where any attorney shall institute a suit in any of the said courts, for and in behalf of any person who resides out of the state, or out of the county in which the plaintiff or plaintiffs may reside, such attorney shall be liable to pay all costs, in such manner as such plaintiff would be, were he, she or they resident in this state. And if any attorney shall retain any [Illegible Text] received by him after being ordered by the court to pay over the same to his principal, he shall

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be by the court, struck from the list of attornies, and never after suffered to plead in any court of this state. ARBITRATION. SECT. 30. And be it further enacted, That in all matters submitted to reference by parties, in a suit under a rule of court, or other agreement in writing signed by the parties, judgment shall be entered up by the party in whose favor the award is given, and execution shall [Illegible Text] for the sum awarded to be paid as they respectively become due, and to be levied on the property of the party against whom the judgment shall have been entered up, and such other proceedings shall be had thereon by the court, as in cases of judgments entered up on verdicts of juriesProvided, That no judgment shall be entered up on an award, where it shall appear any other cause or causes stand on the doquet of the court against the defendant, or defendants undetermined, before the cause in which a rule or other agreement in writing for arbitration is entered. EXECUTIONS. SECT. 31. And be it further enacted, That all executions shall be issued and signed by the clerks of the several courts in which judgment shall be obtained, and bear teste in the name of one of the

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judges or presiding justices of such courts. and shall be directed to all and singular the sheriffs of this State, and may be levied on the estate, both real and personal, of the defendant or defendants, of issued against the body of the defendant at the option of the plaintiff; which execution shall be of full force until satisfied, without the same being obliged to be renewed on the court roll from year to year as heretofore practised. And where the defendant shall point out any property on which to levy the execution, being in the hands and [Illegible Text] of any person, not a party to such judgment, the sheriff shall not levy thereon, but shall proceed to levy on such property as may be found in the hands and possession of the defendant, who shall nevertheless be at liberty to point out what part of his property he may think proper, which the sheriff shall be bound to take and sell firstProvided, The same is in the opinion of the sheriff sufficient to satisfy such judgment. SECT. 32. And be it further enacted, That in all cases where execution shall issue illegally, and the person against whom such execution may be, shall make oath thereof, and shall slate the causes of such illegality, such sheriff shall return the same to the next term of the court out of which the same issued, which court shall determine thereon at such term. And where any sheriff shall levy an execution on property claimed by any person, not a party to such execution, such person shall

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make oath to such property, and it shall be the duty of the sheriff to [Illegible Text] the sale or further execution of the judgment, until the next term of the court from whence the execution issued, and such court shall cause the right of property to be decided on by a jury at the same term, unless special cause be shewn to induce the court to continue the same for one term and no longer: Provided. The person claiming such property, or his attorney, shall give bond to the sheriff, with security in a sum equal to the amount of the execution, conditioned to pay to the plaintiff all damages which the jury on the trial of the right of property may assess against him in case it should appear that such claim was made for the purpose of delay; and every juror on the trial of such claim shall be sworn in addition to the oath usually administered to give such damages, not less than [Illegible Text] per cent, as may seem reasonable and just to the plaintiff against the claimant, in case it shall be sufficiently [Illegible Text] that such claim was intended for delay only; and it shall be lawful for such jury to give verdict in manner aforesaid, by virtue whereof judgment may be entered up and execution issue against such [Illegible Text]; And [Illegible Text] [Illegible Text], The burthen of the proof shall lay with the plaintiff in execution SECT. 33. And be it further enacted, That no sales in future shall be made by sheriffs of property taken under execution, but on the first Tuesday in each

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month, and between the hours of TEN and THREE in the day; and it shall be the duty of the sheriffs to give THIRTY days notice in one of the public Gazettes of the state, of all sales of lands and other property executed by him, and also advertise the same in three of the most public places in the county where such sales are to be made, and shall give a full and complete discription of the property to be sold, making known the name of the defendant, and the person who may be in possession of the property, except horses, hogs and cattle, which may be sold at any time by the consent of the defendant; and in which case it shall be his duty to give the plaintiff TEN days notice thereof, and also to advertise the same in three or more of the most public places in the county where such property may be, at least TEN days before the sale. CLERKS. SECT. 34. And be it further [Illegible Text], That the clerks of the several courts in this state, shall copy into a book of record, all the proceedings in all civil cases in the said courts respectively, which entry of record shall be made within FORTY days after the determination of any cause; and the said clerks shall be allowed the sum of TEN CENTS for every hundred words of recording such proceeding, to be taxed in the bill of cost. And the said

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clerks shall also keep regular and fair minutes of all the proceedings in any of the said courts, which shall be signed by the judge of the superior, or presiding justices of the [Illegible Text] courts (as the case may be) prior to the adjournment from day to day. SECT. 35. And be it further [Illegible Text], That the clerks of the said superior and inferior courts, hereafter to be appointed, shall before they enter upon the duties of their appointments, and after being commissioned by the Governor, take the following oath before one of the judges of the superior courts, or a justice of the inferior court of the county: I do solemnly swear (or affirm) that I will truly and faithfully enter and record all the orders, decrees, judgments, and other proceedings of the superior (or inferior) court of the county of , and all other matters and things which by law ought by me to be recorded, and that I will faithfully and impartially discharge and perform all the duties required of me, to the best of my understanding. And shall also enter into bond with one or more good and sufficient security or securities to the Governor for the time being, in the sum of THREE THOUSAND DOLLARS, conditioned for the faithful discharge of the duties required of them: And the said clerks shall in virtue of their offices be justices of the peace, so far as to administer all oaths appertaining to the business of their office.

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SECT. 36. And be it further [Illegible Text], That no clerk of a court or other person employed in his office shall act as an attorney in his own name, or the name of any other person, or be allowed to plead or practice in such courts, during the time he shall be employed in such office. And that the same person may be clerk of the superior and inferior court of the same county. [Illegible Text], That nothing herein contained shall extend to prevent any officer of the court from prosecuting or defending any suit to which he is a party. LAW DEPARTMENT. SECT. 37. And be it further [Illegible Text], That it shall be the duty of the state's attorney and solicitors, or one of them, to prosecute all delinquents for crimes, and other offences cognizable by the said courts, and all civil actions in which this state shall be concerned, and to give advice or opinion in writing to his Excellency the Governor, in questions of law, in which the state may be interested. And in case it should so happen, that neither the state's attorney or solicitors or either of them can attend the said courts, then the judge presiding, may, and he is hereby authorized and required to appoint some attorney at law, to prepare and prosecute the indictments and other business of the state; and such person so appointed shall be entitled to the same fees and emoluments therein, as

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the state's attorney or solicitors would have been entitled to. JURIES. SECT. 38. And be it further [Illegible Text], That the clerks of the superior courts of the respective counties, shall procure from the tax collector of such county, and [Illegible Text] to the court (within two months) a list of persons liable and qualified to serve as grand and petit jurors agreeable to the qualifications herein after prescribed; and all free male white citizens above the age of twenty one years and under sixty years, are declared to be qualified and liable to serve as petit jurors for the trial of all civil causes, for recovery of debts or damages to any amount whatsoever; but no person shall be capable to be of a jury for the trial of treason, felony, breach of the peace, or any other cause of a criminal nature, or of any estate of freehold, or of the right or title to any lands or tenements, in any court of record within this state, who shall not be qualified to vote at elections for members of the legislature; and if any person not qualified as aforesaid, shall be returned on any jury, he shall be discharged on the challenge and proof thereof, of either of the parties to such suit, or on his own oath of the truth thereof: [Illegible Text], That no exception against any juror, on account of his qualification, shall be allowed after he is sworn.

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SECT. 39. And be it further enacted, That the clerks of the several courts are required in presence or under the direction of the judge or judges of such court, to regulate and correct the several jury lists annually, by particularly specifying, in distinct columns, the persons most able, discreet and qualified as herein mentioned to serve as grand jurors; which list, so corrected, shall be committed to the safe keeping of the clerks of such courts respectively; and the clerks of such courts shall immediately after receiving such lists, fairly enter the same in a book for that purpose, to be provided by such clerk (at his own expence) distinguishing in seperate columns the persons selected to serve as grand jurors, and those for the trial of civil and criminal causes as aforesaid; and the names of the persons so selected, shall be written on seperate pieces of paper, and put into the different apartments of a jury box, to be provided by the clerk at the public expence, in the construction and manner herein after prescribed, to wit: There shall be an apartment in the said jury box, marked number one, in which shall be placed the names of all the persons selected to serve as grand jurors; and another apartment marked number two, into which shall be placed the names of all the persons selected for the trial of civil and criminal causes as aforesaid; which box shall be kept locked, and no jury shall be drawn or impannelled, but in the presence of one or more of the

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judges and clerk of the court; nor shall any clerk of the court, or other person having the custody of the jury box, presume on any pretence whatsoever to open the said jury box, transpose or alter the names, except it be in the presence of the judge or justices officially attending for the purpose of drawing jurors, or correcting the lists, under penalty of being dealt with in the manner herein pointed out for mal-practice in office. SECT. 40. And be it further enacted, That the said judge or justices and clerk of the court, or person having custody of the key, shall previous to the adjournment of any superior court, or at least TWO months prior to the sitting of the next court, cause to be drawn out of the apartment of the said box marked number one, not less than TWENTY THREE or more than THIRTY SIX names as grand jurors; and out of the apartment marked number two, not less than FORTY EIGHT, or more than SEVENTY TWO names as petit jurors for the trial of civil and criminal causes as aforesaid; which names so drawn out shall after an account is taken of them, at each term or time of drawing, be carefully rolled up again, and deposited in the two other apartments to be provided in such jury box, marked number three and four, to wit: The names of the grand jurors in the division number three, and the names of the petit jurors in the division number four; and when all the names shall be drawn out of the apartments number one and two as aforesaid, they shall then commence drawing

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from the apartments number three and four, and return them into the numbers one and two, and so on alternately. SECT. 41. And be it further enacted, That no grand jury shall consist of less than EIGHTEEN or more than TWENTY THREE, but TWELVE may find a bill, or make a presentment, and that the names of the several jurors to be drawn as aforesaid, shall immediately after they are drawn out, be entered by the clerk on the minute book of such court; and if it shall so happen that from any unavoidable circumstance the judge shall not attend at the time appointed for holding the superior court of any county, he shall nevertheless attend in person for the purpose of drawing jurors, or shall transmit to the justices of the inferior court of such county a request in writing, that they or any two of them attend at the clerk's office, on some convenient day, at least TWO months preceding the next term, for the purpose of drawing grand and petit jurors in manner herein before directed, and the said judges of the superior courts, are declared to be responsible for the legal and regular drawing of juries in the respective circuits in which they may preside: And in case of such unavoidable circumstance specially stated by any judge of the superior court, the said justices or any two of them shall, and are hereby required to conform to such requests, by attending and drawing juries agreeably to this act: Provided [Illegible Text]

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That where juries have already been drawn in any county for the next term under the late judiciary act, such juries shall stand over and be considered as the legal juries under this law. SECT. 42. And be it further enacted, That the clerk of the court shall annex a pannel of the jury containing the names of the persons drawn to serve on the grand inquest exactly transcribed from the minute book, to the precept for summoning such grand jury; and shall also annex another pannel containing the names of the persons drawn as [Illegible Text] jurors, for the trial of civil and criminal [Illegible Text], exactly transcribed as aforesaid, to the precept for summoning the petit jurors, in the mandatory part of which precept shall be written the words following, viz. The several persons named in the pannel hereunto annexed, which precept with the several pannels annexed as aforesaid, shall be delivered by the clerk of the court within THREE days after the drawing of such juries as aforesaid, to the sheriff of the county or his deputy. SECT. 43. And be it further enacted, That the sheriff or his lawful deputy for the time being, upon the receipt of any precept for summoning grand or petit jurors, shall cause the several persons whose names are written in the pannel thereunto annexed, to be served with a summons at least TEN days before the sitting of the court for which they are drawn and impannelled; which summons shall be in the following words, or words to that [Illegible Text]:

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By virtue of a precept to me directed, you are hereby commanded to appear before the judge of the superior court, at the next superior court, to be held at the court house in and for the county ofon theday ofat TEN o'clock in the forenoon of that day, to be sworn on the grand jury, (or as a juror for the trial of civil and criminal causes then and there depending, as the case may be); which shall be figned by the sheriff or his lawful deputy for the time being; which sheriff or lawful deputy aforesaid, shall make return of all such precepts, in each of which he shall set forth the names of all such persons as shall have been summoned by virtue of such writs or precepts, and the time when they were summoned, and also the names of the persons whom he may not have summoned, together with the reasons why they were not summoned, on pain of being fined by the court. SECT. 44. And be it further enacted, That the clerk of the court shall make due entry in the minute book of such court of the appearance of all jurors, and shall likewise enter and make report of the names of all such as shall make default in appearing; that if any person who shall be drawn, impannelled, summoned and returned to serve as jurors at any court as aforesaid, shall neglect or refuse to appear, or after appearance shall refuse to serve, or shall absent himself without leave of the court, then and in that case, it shall be lawful for the

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court to fine such person, if a petit juror, in a sum not exceeding TWENTY dollars, and if a grand juror, in a sum not exceeding FORTY dollars, unless such juror shall shew good and sufficient cause of excuse, to be made on oath before any justice of the peace, and filed in the clerk's office of such court, within THIRTY days after opening the said court; the merits of which excuse shall be determined by the next succeeding court; and when from challenge or otherwise there shall not be a sufficient number of jurors to determine any civil or criminal cause, the court may order the sheriff or his deputy, to summon by-standers or others, qualified as herein before required, for the trial of such cause or causes, sufficient to complete the pannel; and when the sheriff or his deputy are disqualified from acting in the manner herein expreffed, jurors shall be summoned by the coroner, or such other disinterested person as the court may appoint. SECT. 45. And be it further enacted, That the oath to be administered to petit jurors in civil cases, shall be in the form following: You (A. B.) shall well and truly try the cause depending between the parties at variance, and a true verdict give according to evidence: So help you God. SHERIFFS. SECT. 46. And be it further enacted, That the sheriffs

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of the several counties shall attend the superior and inferior courts in the respective counties when sitting, and by themselves or deputies execute throughout the counties all writs, warrants, precepts and processes directed to them and issued under the authority of any judge or justice of the said superior or inferior courts or the clerk of either of the courts; and the said sheriffs or their deputies shall have power to command all necessary assistance in the execution of their duty, and to appoint, as there shall be occasion, one or more deputies; and before any sheriff shall enter upon the duty of his appointment and being commissioned by the Governor, he shall be bound for the faithful performance of his duty, by himself and his deputies, before any one of the said judges, to the Governor of the state for the time being, and to his successors in office, jointly and feverally, with two good and sufficient securities, inhabitants and free-holders of the county, to be approved of by the justices of the inferior court, or any three of them, in the sum of TWENTY THOUSAND DOLLARS; and the said bond shall remain in the office of the clerk of the superior court of such county, and may be sued for by order of the said court, for the satisfaction of the public or persons aggrieved by the misconduct of the sheriff or his deputy, and the said sheriff shall take and subscribe the following oath, before one of the judges of the superior, or justices of the

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inferior courts, and the same shall be entered on the minutes of the said court, before such sheriff shall enter on the duties of his office, to wit: I do solemnly swear (or affirm, as the case may be) that I will faithfully execute all writs, warrants, precepts and processes directed to me as sheriff of the county of-----, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of sheriff of ----- during my continuance in office, and take only my lawful fees: So help me God. And an oath to the same purport shall be taken by each of the deputies of the said sheriffs in like manner. SECT. 47. And be it further [Illegible Text], That in case of the death of either the said sheriffs, the deputy or deputies, shall continue in office, unless otherwise specially removed, and execute the same in the name of the deceased until another sheriff be appointed and qualified; and the defaults and misfeasance in office of such deputy or deputies in the mean time, as well before as after the death of such sheriff, shall be adjudged a breach of the condition of the bond given as before directed by the sheriff who appointed such deputy or deputies; and the executor or administrator of the deceased sheriff, shall have the like remedy for the misconduct or misseasance, or default in office of such deputy or deputies, during such intervals as he would be entitled to, if the sheriff had continued in life and

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in the execution of his office) until his successor was appointed and sworn. SECT. 48. And be it further enacted, That the sheriff of each county shall at the expiration of his appointment, turn over to the succeeding sheriff, by indenture and schedule, all such writs and processes as shall remain in his hands unexecuted, who shall duly execute and return the same; and in case any sheriff shall neglect or refuse to turn over such processes in manner aforesaid every such sheriff so neglecting or refusing shall be liable to make such satisfaction, by damages and costs, to the party aggrieved, as he, she or they shall sustain by reason of such neglect or refusal; and every sheriff at the expiration of such his appointment, shall also deliver up to his successor, the custody of the jail, and the bodies of such persons as shall be confined therein, with the precepts, writs, or causes of such detention; and such succeeding sheriff shall be empowered and required to sell and carry into effect, any levy made by his predecessor in office, in like manner as such sheriff could have done had he continued therein, and shall make titles to the purchasers for all the property sold under execution and not conveyed by his predecessor. SECT. 49. And be it further enacted, That the sheriffs of the several counties in this state, shall have like powers and authorities, and they and their under sheriffs and jailors, constables and other officers belonging

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[Illegible Text] to the court, be liable to all actions, suits, [Illegible Text] and disabilities whatsoever, which they [Illegible Text] either of them may incur for, or on account of the escape of prisoners, or for, or in respect of any other matter or thing whatsoever, [Illegible Text] to, or concerning their respective offices, in the same manner as they have heretofore been [Illegible Text] by law in force in this State; and no [Illegible Text], under sheriffs, deputy, or other sheriff's officer shall act as an attorney at law, in his own name, or in the name of any other person, or be allowed to plead or practice in any of the courts of this State, during the time he is in such office. SECT. 50. And be it further enacted, That the sheriff [Illegible Text] be liable either to an action on the case, or an attachment for contempt of court, at the option of the party, wherever it shall appear that he hath injured such party, either by salse returns, or by neglecting to arrest the defendant, or to levy on his property, or to pay over [Illegible Text] the plaintiff or his attorney, the amount of any sales which shall be made under or by virtue of any execution, or any monies collected by virtue thereof. SECT. 51. And be it further enacted, That if any sheriff or his deputy, or under-sheriff, shall be guilty of extortion or other mal-practice in the execution of his office, upon complaint made on oath to the slate's attorney or solicitors, it shall be the duty of such attorney or solicitor to exhibit a bill of indictment against the person so offending, who

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upon conviction thereof shall be fined by the court in treble the amount which he may have extorted from any person, which shall be applied one moiety to the injured person, and the other moiety to the use of such county, and shall like wife be removed from office, and suffer such other punishments as the law directs. SECT. 52. And be it further enacted, Whenever the sheriff of any county within this State shall fail to make proper return of all writs, executions and other process put into his hand, or shall fail or neglect to pay up all monies received on such executions on his being required by the court so to do, he shall be liable to an action as for contempt, and may be fined, imprisoned or removed from office, in the manner prescribed by the Constitution. SPECIAL POWERS of SUPERIOR COURTS. SECT. 53. And be it further enacted, That the superior courts in the several counties, shall exercise the powers of a court of equity, in all cases where a common law remedy is not adequate, to [Illegible Text] parties in any cause to discover on oath, all [Illegible Text] points necessary to the investigation of truth and justice, to discover transactions between [Illegible Text] partners and co-executors, to compel distribution of intestate estates, and payment of legacies, and to discover fraudulent transactions for the benefit

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of creditors, and the proceedings in all such cases shall be by bill, and such other proceedings as are [Illegible Text] in such cases until the setting down of the cause for trial, and the courts shall order the proceedings in such manner, as that the same shall be ready for trial at [Illegible Text] at the third term from the filing such bill inclusive, unless very special cause be shewn to induce the court to continue the same which shall not extend to more than four terms. And all such bills shall be read and sanctioned by one of the judges, and a copy thereof served on the opposite party at least THIRTY days before the filing of such bill in court, and the party against whom such bills shall be filed, shall appear and answer to the same at the next court, and if he, she or they shall fail to do so, the facts in the said bill shall be taken PRO CONFESSO, and the court may proceed to decree as to justice shall appertain. SECT. 54. And be it further enacted, That where either party in any cause in any inferior court shall take exceptions to any proceedings on any cause, affecting the real merits of such cause, the party making the same shall offer such exceptions in writing, which shall be signed by himself, or his attorney, and if the same shall be overruled by the court, it shall and may be lawful for such party on giving TWENTY days notice to the opposite party or his attorney, to apply to one of the judges of the superior court, and if such judge shall deem the said exceptions to be sufficient, he shall

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forthwith issue a writ of CERTIORARI directed to the clerk of such inferior court, requiring him to certify and fend up to the next superior court to be held in the said county, all the proceedings in the said cause, and at the term of the superior court to which such proceedings shall be certified, the said superior court shall determine thereon, and order the proceedings to be dismissed, or return the same to the said inserior court with order to proceed in the said cause. SECT. 55. And be it further enacted, That the said superior courts shall have power to correct errors, and grant new trials, in any cause depending in any of the said superior courts, in such manner and under such rules and regulations as they may establish, and according to law, and the usages and customs of courts. SECT. 56. And be it further enacted, That when a cause shall be committed to a special jury, the oath to be administered shall be in the words following, to wit: You shall well and truly try the cause now depending between (A. B.) plaintiff, and (C. D.) defendant, and a true verdict give, according to equity and the opinion you entertain of the evidence produced to you, to the best of your skill and knowledge, without favor or affection to either party: So help you God. And the same oath to be administered to juries on appeals. SECT. 57. And be it further enacted, That in any case which has arisen since the signing of the present

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Constitution, or which may hereafter arise of a verdict of a special jury being given contrary to evidence and the principles of justice and equity, it shall and may be lawful for the judge presiding to grant a new trial, before another special jury, in the manner prescribed by this act: [Illegible Text], That twenty days notice be given by the party applying for such new trial to the adverse party of his intention and the grounds of his application. And the said judge shall in all cases of application for new trials, or correction of errors, enter his opinion on the minutes of the court for his determination on each respective case. SECT. 58. And be it further enacted, That all new trials shall be had by a special jury to be taken from the grand jury list of the county, and struck in the presence of the court, in the following manner: The clerk shall produce a list of the original pannel of grand jurors returned to the term in which such trial shall be had, from which the parties or their attornies shall alternately strike out one until only twelve shall remain, who shall forthwith be empannelled and sworn to try the cause; and in all cases the party applying for such new trial shall strike first; and in case of refusal in either to strike, on the calling the cause, the judge presiding shall order some officer of the court, or other person to proceed to strike the said jury in the same manner as the party refusing might or could have done.

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And it shall be the duty of all persons summoned on the grand jury, to attend the courts for the purpose of determining such new trials, whether they be sworn on the grand jury or not. SECT. 59. And be it further enacted, That the judges of the superior courts shall meet at the seat of government annually on the second Monday in January, for the purpose of forming rules and regulations for the government, or more orderly proceeding in the said courts, for determining on such points as may be reserved for argument, and which may require an uniform decision, and to give their opinions on all constitutional questions which may be referred to them by the executive department; and the said judges or any of them shall have power to perpetuate testimony on such terms and in such manner as is usually practised in courts of equity. SECT 60. And be it further enacted, That the said judges shall preside alternately in each of the said circuits or districts. REPEALING CLAUSE AND PROVISO. SECT. 61. And be it further enacted, That the act, entitled, An act to revise and amend the Judiciary System of this State, passed at LOUISVILLE, on the ninth day of February, one thousand seven hundred and ninety seven, from the first to the sixty seventh clause, inclusive, be and the same is

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hereby repealed: Provided [Illegible Text], and be it further enacted, That the said recited act shall continue in force so far as relates to proceedings which originated under it; and that any person or persons who has or have applied for an appeal, from any verdict rendered in any cause tried since the signing of the Constitution, in either of the superior or inferior courts of any of the counties in this state, and offered to pay costs and give security agreeably to the said recited act, shall be, and they are hereby declared to be entitled to have such appeal entered on the appeal doquet, of the superior court in the county where the first trial was had, on payment of costs and entering security, at any time prior to the first day of the next term in cases where the same has not been done, and it shall be the duty of the said superior court to call and try the same before a special jury of the county, in the order it shall or may stand on the doquet, in manner pointed out by the said act; and all suits returned in any of the said courts prior to signing the Constitution, shall be tried and appeals shall be allowed and tried in conformity to the provisions of the said act.And provided [Illegible Text], That nothing herein contained shall prevent any person or persons aforesaid, from applying for a new trial, if he, she or they may think proper, which the judges or one of them shall grant, if the same can be done on proper and legal grounds, as in cases arising under this act. That no justice of the peace shall sustain or try any satisfaction [Illegible Text]

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damages for any trespass on the person or property of such plaintiff. SECT. 62. And be it further enacted, That his Excellency the Governor on application of either party to a caveat depending before him shall have power to issue commissions to obtain evidence necessary for the determination of such caveats. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 16, 1799, An Act to regulate Attachments in this State. WHEREAS it is just and proper that provision should be made for the recovery of debts where the same cannot be done by the ordinary process of law, therefore, SECT. 1. Be it enacted by the Senate and [Illegible Text] of [Illegible Text] in General [Illegible Text] met, and it is [Illegible Text] enacted [Illegible Text] the authority of the same, That in case of nonresidence, or where both debtor and creditor shall reside without the limits of this state, it shall and may be lawful for such creditor by himself, his agent or attorney, to attach the property

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both real or personal which may be found in the state of such debtor, in the same manner and under the like restrictions as are or shall be usual in case of absconding debtors, or where the debtor alone resides out of the State. SECT. 2. And be it further [Illegible Text], That it shall and may be lawful for the judges of the superior or justices of the inferior court or any one of them, and also for any justice of the peace, upon complaint made on oath, that his debtor resides out of this State, or is actually removing without the limits of this State, or any county, or absconds or conceals himself or stands in desiance of a peace officer, so that the ordinary process of law cannot be served on him, to grant an attachment against the estate of such debtor, or so much thereof as shall be of sufficient value to satisfy the plaintiff's demand and costs, which attachment shall be directed to and served by the sheriff of the county where the property may be found, or his deputy or any constable, and it shall be the duty of such [Illegible Text] his deputy or any constable, to serve and levy the same upon the estate both real and personal, of such debtor, wherever the same may be found, either in the hands of any person indebted to, or having effects of such debtor, and summon such person or persons to appear at the next court to be held for the said county, and to which the said attachment may be returnable, there to answer on oath what he is indebted to, or what effects of such

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party he hath in hand, or had at the time of levying such attachment, which being returned executed, the court may by order compel such person to appear and answer as asoresaid: And where any person in whose hands any debt or effect may be attached, shall deny owing any money to, [Illegible Text] having in his hands any effects of such debtor, [Illegible Text] shall be lawful for the plaintiff to travisse such denial, and thereupon an issue shall be made up, and the same be tried by a jury and if found against such garnishee, he, she or they shall be subjct to pay the plaintiffs such sum as shall be so found and the court shall order judgment to be entered thereof against such garnishee as in other cases [Illegible Text] [Illegible Text], That the said judge, or justice of the inferior court or justice of the peace before granting such attachment shall take bond and security [Illegible Text] the party for whom the same may be granted, [Illegible Text] double the sum to be attached payable to the defendant, for satisfying and paying all costs, which may be incurred by the desendant in case the plaintiff suing out such attachment shall discontinue, or be cast in his suit, and also all damages which may be recovered against the said plaintiff for suing out the same; which bond shall be returned to the court to which such attachment may be made returnable, on or before the last day of the term; and the party entitled to such cost and damages may bring suit and recover thereon; and every attachment issued without such bond taken

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[Illegible Text] where no bond shall be returned as aforesaid, [Illegible Text] hereby declared to be illegal, and shall be [Illegible Text] with costs: [Illegible Text] always, That every attachment which may be issued as aforesaid, shall be attested by the judge of the superior, or justice of the inferior court, or justice of the peace, issuing the same, and be by the sheriff, or person authorized to serve the same, publicly advertised at the court house of the said county at least thirty days before the sitting of the court; and if any attachment shall be issued within thirty days of the next court, such attachment shall be made returnable to the court next after the expiration of the said thirty days and not otherwise; and all attachments [Illegible Text] and returned in any other manner than is [Illegible Text] before directed, shall be and the same are declared to be null and void; and all goods, chattles, lands and tenements subject to such attachments, shall be repleviable by appearance and putting in special bail or by the desendants giving bond with good and sufficient security to the [Illegible Text] or other officer serving the same, which bond he is hereby empowered to take, compelling the defendants to appear at the court to which such attachments shall be returnable, and to abide by and perform the order and judgment of such court: [Illegible Text] [Illegible Text], That all goods and effects attached and not replevied as aforesaid, where the same shall appear to be of a perishable nature, on [Illegible Text] of the plaintiff or his attorney, the court,

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or if not in term time the judge of the superior [Illegible Text] any two or more of the justices of the inferior court, may and are hereby authorized and required to order a sale of such perishable property, and the monies arising from such sales shall be deposited in the clerk's office by the sheriff or other officer selling the same, to answer the demands of the plaintiff, (it established) and the balance, if any, after satisfying such demands and costs, shall by order of the said court be returned to the defendant or his attorney. SECT. 3. And be it further enacted, That if any attachment shall be returned executed, and the property attached shall not be replevied as aforesaid, the subsequent proceedings thereon, shall be the same as on original process against the body of the defendant, where there is a default of appearance; and all such goods and chattels, lands and tenements, not replevied shall after the plaintiff has established his demand, be by order of the court, sold and disposed of for, and towards the satisfaction of the plaintiff's judgment in like manner as if the same had been taken under execution; and where any attachments be returned, served in the hands of a third person, it shall be lawful upon his appearance and examination in the manner heretofore directed, to enter up judgment as against the original debtor, and award execution against such third person for the monies due by him to the absent debtor, and against such

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property or effects as may be in his hands or keeping, belonging to such debtor, or so much thereof as will be of value sufficient to satisfy the judgment and costs thereon. SECT. 4. And be it further enacted, That where an absent debtor hath property lying in different counties, the same shall be liable to attachment and an original and copies shall issue for each county where the property may be found, the whole to be returnable to the court from whence the first original issued. SECT. 5. And be it further enacted, That when the third persons as [Illegible Text] return debts due to the absent debtor, the court shall order the same sued for, and when recovered paid into the clerk's office subject to the order of the court. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 18, 1799,

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An Act for appropriating money for the year one thousand seven hundred and ninety nine. SECT. 1. BE it enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General Assembly met, That the salary of the Governor, shall be two thousand dollars; the Secretaries of the Governor, not exceeding four hundred dollars each; the Secretary of State, two hundred dollars; the Surveyor General, two hundred dollars; the judges of the superior courts, fourteen hundred [Illegible Text] each; the Treasurer one thousand dollars; to the Attorney and Solicitors General, one hundred and fifty dollars each; the Comptroller, for all services including the sum appropriated to a person for keeping a checque on the treasury, which duties properly belong to and [Illegible Text] be performed by him, four hundred and fifty dollars; to the Secretary of the Senate, three hundred dollars; to the Clerk of the House of Representatives, three hundred dollars, per year; which said several sums shall be, and the same are hereby appropriated for their use, to be paid quarter yearly by warrant from the Governor on the Treasury, out of the taxes to be received for the years one thousand seven hundred and ninety-eight and nine, and

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the sum of ten thousand dollars as a contingent fund subject to the drafts of the Governor. SECT. 2. And be it further enacted, That the President of the Senate and the Speaker of the House of Representatives each shall have appropriated to their use the sum of four dollars per day; and the other members of both branches of the Legislature at and after the rate of two dollars per day, for their services coming to, attendance on, and returning from the same; the Secretary of the Senate and Clerk of the House of Representatives, four dollars per day; the messengers and door keepers of both branches of the Assembly, two dollars per day; to the two engrossing clerks of the House of Representatives, four dollars each per day; two engrossing clerks of the Senate, four dollars per day each; the Clerk of the House of Representatives and Secretary of the Senate, the sum of sixty five dollars each, for stationary fire wood and other contingent expences, incurred on account of the present session of the Legislature; which said several sums shall be received in payment of taxes due this state for the years one thousand seven hundred and ninety eight and nine; or payable out of any monies due or to become due, which now are or may hereafter come into the Treasury from the payment of taxes. SECT. 3. And be it further enacted, That the following sums be and they are hereby appropriated to, and for the use and benefit of the several persons herein

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after mentioned, viz. To Edmund B. Jenkins, as clerk to the committee of finance, the sum [Illegible Text] fifty dollars; to John Hammill, Esquire, as clerk to the committee on the state of the republic, the sum of fifty dollars, also the sum of ten dollars for copying the Judiciary Law, under the direction of the committee on that bill; to John Elliott, Esquire, the sum of thirty two dollars and sixty cents; to Archibald Beal, the sum of thirteen hundred and eighty-three dollars, agreeably to a concurred resolution; to Mary Brown, the sum of one hundred and fifty dollars; to John Watts, the sum of forty-three dollars thirty seven and a half cents; to George Gresham, coroner of Wilkes county, twenty-five dollars; to Thomas Sandwich, coroner of Richmond, thirty dollars; to Daniel Boatright, coroner of Burke, twenty-nine dollars; to Jacob Cunes, coroner of Chatham, one hundred and eighteen dollars; to the heirs and legal representatives of John Wereat, Esquire, deceased, the sum of eight hundred and eighty-four dollars and seventy one cents, in full for all arrearages of salary due him as late Auditor of this state; seventy dollars and twenty five cents, to the committee appointed by the House of Representatives to superintend the interment of James M. Simmons, Esq. their late clerk, deceased, being a reimbursement of the expence incurred in thus testifying their grateful remembrance of the long and faithful services of that officerThat the

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following sums be appropriated as a compensation [Illegible Text] the persons hereafter named for taking the [Illegible Text] in the respective counties, to wit: Burke, to Grigory Scrugs, twenty five dollars, to Thomas Whitaker, sixteen dollars fifty cents, Wm. Wynne, twenty nine dollars seventy five cents, John Broome, twenty three dollars fifty cents; Columbia, to George W. Moore, thirty five dollars seventy five cents, Y Sanders, fifty dollars twenty five cents; Washington, J. Kendal, thirty three dollars, C. Murphey, forty four dollars seventy five cents; Elbert, A. Stenchcok, twenty six dollars thirty seven and a half cents, Thomas Cook thirty eight dollars, Francis Cook, twenty three dollars seventy five cents; Greene, Thomas Carleton, thirty three dollars, Thomas Johnston, forty dollars seventy five cents; Oglethorpe, Robert Pope, fifty three dollars fifty cents, John Gresham, forty three dollars fifty cents; Wilkes, J. H. Foster, thirty nine dollars twenty five cents, J Butler, forty seven dollars, William Weste, forty two dollars fifty cents; Warren, to J. Newsom, thirty seven dollars twenty five cents, M. Harden, thirty four dollars seventy five cents; Chatham J. H. Schuber, sixty two dollars twenty five cents, J. B. Waldburger, seventy seven dollars twelve and a half cents; [Illegible Text], J. Paulett, twenty nine dollars thirty seven and a half cents, Chesley Bostwick, nineteen dollars eighty seven and a half cents; Effingham, J. Williams, nineteen dollars; Scriven, Mund Grofs, twenty seven dollars fifty

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cents; Montgomery, Thomas Davis, twenty dollars fifty cents; Bryan, G. M. Waters, twenty seven dollars fifty cents; Bullock, H. Williams sixteen dollars twelve and half cents; Lincoln, Edmund Smith, forty dollars seventy five cents; Jackson, Alexander Harper, thirty six dollars; Richmond, to James Fox, forty dollars; Franklin, J. Terrell, thirty five dollars twenty five cents; Liberty, John Roberts, fifty three dollars twenty five cents; Hancock, H. M'Comer, sixty two dollars, J. Montgomery, thirty four dollars, William Rabun, thirty two dollars seventy five cents, to Robert Flournoy, three hundred twenty nine dollars thirty six cents, to John Harbert and John Ragan, the sum of five hundred and fifty dollars, agreeable to a concurred resolution, to Richard Weatherford, an invalid soldier, the sum of fifty dollars, and to A. Jones and her children, widow and orphans of James Jones, an invalid soldier deceased, fifty dollars, being a temporary provision for their support until permanent provision shall be made by the General Government, in consideration of services rendered in the prosecution of the revolutionary war; to Lindsey Coleman, for house rent, c. thirty dollars; to Tench Cox and Nalbro Frazier, merchants of Philadelphia, one thousand five hundred dollars with interest thereon, in payment of a bill drawn by the honorable Abram Baldwin on Robert [Illegible Text], esquire, State Agent, to Bryan M'Cullers,

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ninety four dollars twenty one cents; to William Few, two hundred and sixty five dollars thirty seven cents; to John Milton, one thousand ninety-four dollars; to John Bruton, one hundred and eighty six dollars; to Archibald Beall, thirty dollars, [Illegible Text] to a concurred resolution of the last Legislature; to Henry Osborne, three hundred and fifty dollars; to Jacob Kelly, two hundred dollars. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAS. JACKSON, GOVERNOR. Assented to, February 18, 1799, An act for adding a part of Oglethorpe to Greene, and a part of Greene to Oglethorpe. SECT. 1. BE it enacted by the Senate and House of [Illegible Text] of the State of Georgia, in General [Illegible Text] met, [Illegible Text] it is hereby enacted by the authority of the same, That a [Illegible Text] shall be run, beginning where Oglethorpe county strikes the river Ogeechee, from thence along the [Illegible Text] dividing Wilkes and Oglethorpe, to Armour's [Illegible Text] on little river, thence up the said river to [Illegible Text] fork, from thence a direct line to the Academy meeting house, and from thence in a strait line

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to the mouth of falling creek on the Oconee river. SECT. 2. And be it further [Illegible Text], That all that part of Oglethorpe south and southwest of the a foresaid line, be added to Greene; and [Illegible Text] that part of Greene lying north of the aforesaid line, be added to Oglethorpe: And that the county surveyor of Oglethorpe be directed to run the said lines as soon as may be. And each of the aforesaid counties to pay an equal proportion of the expence. DAVID MERIWETHER, Speaker of the House of [Illegible Text]. ROBERT WALTON, President of the Senate. JAS. JACKSON, GOVERNOR. Assented to, February 16, 1799, An act to compet all officers civit and mititary within this State to tak and [Illegible Text] an Oath to support the [Illegible Text] thereof. WHEREAS it is necessary that all officers, civil and military, within this [Illegible Text] should be bound to support and maintain the [Illegible Text] of the same,

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SECT. 1. Be it therefore [Illegible Text], That all and every officer, civil and military, holding any office under the authority of this State, by commission or otherwise, shall take and subscribe the following oath, before the clerk of the superior or inferior courts of the county in which he may reside; or if a state officer, before his Excellency the Governor, for the time being to wit: I (A, B) do [Illegible Text] swear (or [Illegible Text], as the case may [Illegible Text]) that I will bear true faith and allegiance to the State of Georiga, and to the utmost of my power and ability, observe, conform to, support and defend the Constitution thereof, without any reservation or equivocation whatsoever; and the Constitution of the United StatesSo help me GOD. SECT. 2. And be it further [Illegible Text], That all officers who are now in commission, civil or military, except such state officers as have been elected by the General Assembly at this present session and have been duly qualified before his Excellency the Governor, shall within the term of SIX MONTHS, take and subscribe the aforesaid oath in manner and form aforesaid, which shall be made of record by the officer before whom it is taken and in case of [Illegible Text] or neglect of any officer, his office shall be confidered null and void. and his Excellency the Governor is hereby authorized and required to [Illegible Text] up such vacancy, in the same manner as if it had been made by death, refignation, or [Illegible Text]

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from the district: And in case any [Illegible Text] clerk of the superior or inferior court, or any other officer having office or trust under the authority of this state, shall neglect or refuse to take the aforesaid, oath, in manner and form aforesaid, within the term of SIX MONTHS, their act or acts, as they appertain to the said office, shall be considered as [Illegible Text] and void. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 16, 1799.

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An act to carry into effect the Sixth Section of the third article of the [Illegible Text] and to amend an act, entitled, An act to carry into effect the Sixth Section of the fourth article of the [Illegible Text], touching the distribution of [Illegible Text] [Illegible Text], directing the manner of granting Letters of Administration, Letters [Illegible Text], and Marriage Licences; and to prevent [Illegible Text]. SECT. 1. BE it [Illegible Text] [Illegible Text] the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General [Illegible Text] met, and [Illegible Text] the authority of the [Illegible Text], it is hereby enacted, That from and after the passing of this Act, the inferior courts in each county shall have jurisdiction and authority to hear and determine, all causes, matters, [Illegible Text] and controversies testamentary, which shall be brought before them, touching the proof of wills; and shall examine and take the proof of wills, grant probate thereof, and shall hear and determine the right of administration of estates of persons dying intestate, and to do all other things

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touching the granting letters testamentary, and [Illegible Text] of administration, according to law and right, and shall appoint its own clerk, who shall [Illegible Text] commissioned by the Governor, and before he enters on the duties of his office shall take an oath well and truly to perform the duties required of him as clerk of the court of ordinary, to be administered by one of the judges thereof. SECT. 2. And be it further enacted, That all applications for letters of administration shall be made to the clerk of such court of ordinary, who shall give notice thereof in one of the public Gazettes of this State, and by advertisement at the court house of such county at leaft THIRTY days before the sitting of the said court of ordinary, and such clerk may at his discretion, grant letters to collect and take care of the effects of the deceased, until the meeting of such court, and the said court shall also grant such letters in all cases where there shall be an appeal from the determination thereof to the superior court, and in either case the person obtaining such temporary letters of administration, shall give bond and security for the faithful performance of the trust reposed in such person or persons. SECT. 3. And be it further enacted, That the clerks of the courts of ordinary in the several counties, shall grant marriage licences, directed to any judge, justice of the inferior court, justice of the peace, or minister of the gospel, to join persons of lawful

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age, and authorised by the levitical degrees to be joined together in matrimony; and where such persons intending to marry shall have the banns of marriage published three times in some public place of worship, it shall be lawful for such judge, justice of the inferior court, justice of the peace, or minister of the gospel, being duly certified thereof, to marry the persons whose banns have been so published. And any person marrying any couple without such licence or publication of such banns shall forfeit FIVE HUNDRED DOLLARS, to be recovered for the use of the Academy of the county, by action of debt in any court having cognizance thereof, in the name of the commissioners of such Academy. SECT. 4. And be it further enacted, That the fees of the clerk of the Court of Ordinary shall be the same as the fees heretofore allowed to Registers of Probates. SECT. 5. And be it further enacted, That estates shall not be entailed. SECT. 6. And be it further enacted, That so much of the said recited act as comes within the purview of this, shall be, and the same is hereby repealed. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 16, 1799,

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An act to secure unto Joseph Bryan the exclusive right and privilege of erecting a Bridge across Great Ogeechee River, within certain limits. SECT. 1. BE it enacted by the Senate and [Illegible Text] of [Illegible Text] [Illegible Text] of the State of [Illegible Text], in Beneral [Illegible Text] met, and by the authority of the same, That the exclusive right and privilege of building and erecting a bridge across the river Great Ogeechee on his premises in the county of Effingham, where there is now a ferry known by the name of Bryan's Cowpen ferry, be and the same is hereby confirmed unto him the said Joseph Bryan, his heirs, executors, administrators and assigns forever: [Illegible Text], That the said Joseph Bryan, or his assigns, shall within FIVE YEARS erect a good and sufficient bridge for the passage of travellers with waggons and carriages; and that if at any time after building the said bridge, the owner thereof shall suffer the same to be out of repair for the space of THREE YEARS, or shall impede the navigation of the said river, then the benefits intended by this act shall be forfeited, and until the said bridge is erected, a ferry shall be kept at the place aforesaid. SECT. 2. And be it further enacted, That it shall not be lawful for any person or persons whatever to

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erect a bridge on the said river within three miles up or down the said river from the place herein before mentioned, any thing in any law to the contrary notwithstanding. SECT. 3. And be it further enacted, That the said Joseph Bryna, his heirs, executors, [Illegible Text] and assigns, shall and may receive and take the several sums herein after specified as toll or ferriage at the place aforesaidThat is to say, For every foot passengersix and a quarter cents. For each man and horsetwelve and an half cents. For each single horse, led or drovesix and a quarter cents. For each chair or sulkeytwenty five cents. For each ph[aelig]ton or close carriagefifty cents. For each waggon, team and driverfifty cents. For each cart team and drivertwenty-five cents. For a rolling hogshead including horse and drivertwenty-five cents. For each head of cattletwo cents. For each head of hogs, sheep, goats, c.one cent. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 16, 1799,

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An act to alter and amend the [Illegible Text] Law of this State, and to [Illegible Text] for arming the militia thereof. WHEREAS the defence and fafety [Illegible Text] republican states must greatly depend on [Illegible Text] militia, which cannot be well organized and [Illegible Text] without arms and experienced officers and no adequate provision has been made by this state for the attainments of those desirable objects. SECT. 1. Be it therefore enacted by the Senate and [Illegible Text] [Illegible Text] [Illegible Text] of the State of Georgia, in General Assembly [Illegible Text] and by the authority of the same, That the field [Illegible Text] in each county shall have power to arrange and define the company and battalion districts, so as [Illegible Text] make the same compact and convenient for exercise, and where they shall be of opinion that any alteration or alterations are necessary in any of the districts aforesaid, they shall transmit an account of such alteration or alterations to the commanding officer of the brigade to which the company or battalion belongs, for his approbation; and if he approves of the alteration or alterations, the company or battalion district, as altered, shall thenceforth be the district of such company or battalion, any law or usage to the contrary not withstanding: [Illegible Text], That nothing herein contained shall extend to authorize or empower the said field officers

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to make any alteration or alterations that shall or may derange, or deprive any officer of his commission, rank or command. SECT. 2. And be it further enacted, That all fines incurred by the militia when not in the service of the United States, shall be applied and disposed of for military purposes, the good of the militia service, and at least one moiety of the same shall be applied for the payment of non commissioned officers, and apportioned among them according to the service performed by them respectively. SECT. 3. And be it further enacted, That his Excellency the Governor shall be, and he is hereby empowered and required to purchase on the best terms, one thousand muskets and bayonets, five hundred pair of horseman's pistols, and five hundred swords; and as soon as the same can be procured, they shall be deposited at the seat of Government, and shall be sold out by the keeper of the public arms or magazine, to the militia of this state for self defence, at cost and charges. SECT. 4. And be it further enacted, That the keeper of the public arms shall be answerable for the safe keeping of the same, and that he shall annually on the first Monday in January account with, and pay the Treasurer of this state, all such sum or sums of money, as he shall or may from time to time receive in payment of any of the public arms aforesaid. SECT. 5. And be it further enacted, That the officers

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commanding court-martials shall keep a record of the proceedings of such courts, and shall also keep a record of the receipt and disbursment of all monies which may be imposed by any court-martial so ordered, for the inspection of any person or persons whatever. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 18, 1799, An act to incorporate a company for the improvement of the navigation of that part of Savannah River between the town Petersburgh and the city of Augusta. WHEREAS the improvement of the [Illegible Text] navigation of every country is of primary importance to its inhabitants, and few countries enjoying greater natural advantages than this State, for the extension of commerce, and it being conceived that the clearing out and removing the obstructions in that part of Savannah river, between the town of Petersburgh and the city of Augusta, would greatly conduce to the convenience

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and interest of the inhabitants settled in the north and north-western parts of this State. SECT 1. Be it enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General Assembly met, and by the authority of the same, That a company shall be established, the capital stock whereof shall not exceed FORTY THOUSAND DOLLARS, divided into four hundred shares, each share being ONE HUNDRED DOLLARS; and that subscriptions, towards constituting the said stock. shall on the first Monday in May next be opened at the town of Petersburgh, under the superintendance of such persons, not less than three, as shall hereafter be appointed for the [Illegible Text]; which subscription shall continue [Illegible Text] the whole of the said stock shall have been subscribed. SECT. 2. And be it further enacted, That it shall be lawful for any person, co-partnership, or body politic to subscribe, as he, she or they shall think fit, for such or so many shares not exceeding thirty, and that the sums respectively subscribed, shall be payable in gold or silver, or bank bills of the United State [Illegible Text] be paid at four several payments, at the [Illegible Text] [Illegible Text] nine calender months from each other, the first where of shall be paid at the time of subscription. SECT. 3. And be it further enacted, That all those who shall become subscribers to the said company, their successors and assigns, shall be and are hereby created

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and made a corporation and body politic by the name and stile of the SAVANNAH NAVIGATION COMPANY, and by that name shall be, and are hereby made able and capable in law, to have, purchase, receive, possess, enjoy and retain to them and their successors, lands, rents, tenements, hereditaments, goods, chattles and effects of what kind, nature ro quality soever; and the same to sell, grant, demise, alien, or dispose of; tosue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in courts of record or any other place whatsoever: And also to make, have and use a common seal, and the same to break, alter and renew, at their pleasure: And also to ordain, establish and put in [Illegible Text] bye laws, ordinances and regulations as [Illegible Text] necessary and convenient for the government of the said corporation, not being contrary to law, or the Constitution thereof, (for which purpose general meetings of the subscribers to the said stock shall and may be called by the directors, and in the manner herein after specified) and generally to do and execute all and singular acts, matters and things, which to them shall [Illegible Text] to do; subject nevertheless, to the rules, [Illegible Text] restrictions, limitations and [Illegible Text] [Illegible Text] prescribed and declared. SECT. 4. And be it further enacted, That for the well ordering of the officers of the said corporation, there shall be nine directors, of whom there shall

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be an election on the first Monday of January in each year, by the stockholders or proprietors of [Illegible Text] in the said corporation, and by plurality of votes, actually given; and those who shall be [Illegible Text] chosen at any election, shall be capable of serving as directors, by virtue of such choice, until the end and expiration of the first Monday of January next ensuing, the time of such election, and no longer; and the said directors at their first meeting after such election, shall choose one of their number as President. SECT. 5. Provided [Illegible Text], and be it further enacted, That as soon as the sum of four thousand dollars shall have been actually received on account of subscriptions to said stock, notice thereof shall be given by the persons under whose superintendance the sum shall have been made, in one of the public Gazettes of this state, and the said persons shall at the same time and in like manner, notify a time and place at the distance of THIRTY days from the time of such notification, for proceeding to the choice of directors: And it shall be lawful for such election to be then and there made; and the persons then and there chosen, shall be the first directors, and shall be capable of serving, by virtue of such choice, until the end and expiration of the first Monday of January next ensuing, the time of making the same, and shall forthwith thereafter commence the operations of the said corporation. And provided further, That in case it should at any time happen that an election of directors should not be

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made upon any day when pursuant to this act it ought to have been made, the said corporation shall not for that cause be dissolved; but, it shall be lawful on any other day, to hold and make [Illegible Text] election of directors, in such manner as shall have been regulated by the laws and ordinances of the said corporation SECT. 6. And be it further enacted, That the directors for the time being, shall have power to appoint, such officers and servants under them as shall be necessary for executing the business [Illegible Text] the said corporation, and to allow them such compensation for their services respectively, as shall be reasonable; and shall be capable of exercising such other powers and authorities, for the well governing and ordering the affairs of the said corporation, as shall be described, fixed and determined, by the laws, regulations and ordinances of the same. SECT. 7. And be it further enacted, That when the said corporation shall have so removed the obstructions in that part of Savannah river between the town of Petersburgh and the city of Augusta, that boats carrying a burthen of fifteen hogsheads of tobacco when the water is at its common height, shall safely pass up and down, from the said town to the said city, then the said corporation, and not before, shall have power to levy and receive a toll on all articles carried up and down the said river, which shall not exceed the following rates, viz. For every hogshead of tobacco thirty seven and an half centsFor every barrel of flour, four centsFor

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every hundred weight of all other articles, except lumber, two centsFor every thousand feet of lumber, ten cents. And shall also levy a toll in proportion to the distance from any other place on the said river, between the said town of Petersburgh to the falls of the said river next above the city of Augusta. And if any person passing up and down the river as aforesaid, with any boat or other vessel, with goods or any articles on board, and shall refuse to pay the toll aforesaid, or any other rates, the said corporation may establish, not exceeding those aforesaid, then and in that case, the said corporation shall have power and are hereby authorized to seize and detain the same until the customary toll shall be paid. SECT. 8. And be it further enacted, That the following rules, restrictions, limitations and provisions shall form and be fundamental articles of the constitution of the said corporation. 1st. The number of votes to which each stockholder shall be entitled, shall be according to the number of shares he shall hold, in the proportions following, (that is to say) For one share, and not more than four shares, ONE VOTE; for five shares, and not more than nine, TWO VOTES; for ten shares, THREE VOTES; and for every five shares above ten, ONE VOTE, exclusive of the THREE to which he, she or they may be entitled by the ten shares. 2d. Not more than one half of the directors in

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office exclusive of the President, shall be eligible for the ensuing year. 3d. None but a stockholder shall be eligible as a director. 4th. No director or president shall be entitled to any emolument, unless the same shall have been allowed by the stockholders at a general meeting. 5th. Not less than five directors shall constitute a board for the transaction of any business, of whom the president shall be one, except in case of sickness, or necessary absence; in which case, his place shall be supplied by another director. 6th. A number of stockholders, not less than twenty five, shall have power at any time to call a general meeting of the stockholders, for purposes relative to the institution, giving at least four weeks notice in one of the public Gazettes of this state, and specifying in such notice the object or objects of such meeting. 7th. Every treasurer before he enters on the duties of his office, shall be required to give bond, with two or more securities to the satisfaction of the directors, in a sum not less than FIVE THOUSAND DOLLARS, with condition for his good behaviour. 8th. The stock of the said corporation shall be assignable and transferable, according to such rules as shall be instituted in that behalf, by the laws and ordinances of the same. 9th. Yearly dividends shall be made of so much

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of the profits of the stock as shall appear to the directors adviseable, and once in every two years the directors shall lay before the stockholders at a general meeting, for their information, an exact and particular statement of all debts due or owing, and all monies received or expended. SECT. 9. Be it further enacted, That Leroy Pope. Robert Thompson, Memorable Walker, Robert Watkins, of Petersburgh, John Oliver, Robert Ware, Newell Walton, jun. and James Hughes, are hereby appointed Superintendants to open the subscriptions and to superintend and conduct the business of the said corporation, until organized according to the prescriptions and limitations of this act. SECT. 10. Be it further enacted, That the said company shall remain and continue a body politic under the restrictions, limitations and provisions aforesaid for the term of twenty years and no longerThe term of twenty years to commence from the day when the said corporation shall order the reception of the toll according to the conditions of this act. SECT. 11. Be it further enacted, That when the river aforesaid shall have been so cleared out, and the obstructions so removed as contemplated and required in the seventh section of this act, a report thereof by the directors shall be made to the executive department, who shall appoint persons not less than three, to examine and report the improvement made on the said river, by the said

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corporation, from the town to the city aforesaid and if the said persons so nominated, after due examination, shall report that the portion of the river aforesaid, is so improved in its navigation, and its obstructions so removed, that boats of the burthen mentioned in the seventh section of this act, can safely pass from the town to the city aforesaid, then, and not before, the said company or corporation shall be empowered to levy or receive the toll at the rates aforesaid. SECT. 12. And be it further enacted, That nothing herein contained shallextend, or be construed to extend to affect in any manner the funds of this state, orany part thereof: [Illegible Text] always, That the operation of this and every part thereof shall be and the same is hereby suspended until the legislature of South Carolina shall pass a law or laws establishing the company aforesaid, and giving the said corporation the like power of levying a toll on the produce of that state, as is given by this act to the said company, over the produce of this state: And provided, That nothing in this act contained shall prevent the next legislature from repealing the same. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 14, 1799,

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An act to appoint Commissioners for the purpose of co-operating with the state of South-Carolina, in improving the Navigation of the River Javannah, from the city of Augusta to the city of Savannah. WHEREAS it is conceived that it will very much advance the agricultural and commercial interests of this state, to remove as much as possible all obstructions to the navigation of the river between the cities of Augusta and Savannah, and will be productive of considerable advantages to trade and industry in general, therefore, SECT 1. Be it enacted by the Senate and House of Representatives of the State of Beorgia, in General Assembly met, and by the authority of the same, That the Corporation of Savannah shall appoint three fit and discreet persons, and the City Council of Augusta a like number, as commissioners to join any who have been, or hereafter may be appointed by the state of South-Carolina; which commissioners, or a majority of them, shall form a board, to be designated by the name and stile of A BOARD OF COMMISSIONERS FOR IMPROVING THE NAVIGATION OF THE RIVER SAVANNAH, and shall have power

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to lay and impose a duty or toll on all produce [Illegible Text] lumber carried down the said river: [Illegible Text], such toll or duty shall not exceed the following rates to wit: On each hogshead of tobacco, the [Illegible Text] of fifty cents; on each barrel of corn or [Illegible Text] flour, twelve and an half cents; on each [Illegible Text] of pork, six and a quarter cents; on every [Illegible Text] feet of plank or lumber, six and a [Illegible Text] [Illegible Text]; on every hundred busheis of corn, fifty cents; on every hundred weight of clean cotton, twelve and an half cents; to be paid by the owners, the factors or agents, to whom the aforesaid articles are shipped; and the monies arising therefrom, shall and is hereby declared to be a [Illegible Text] [Illegible Text] apart and appropriated for the sole and exclusive purpose of improving the navigation of the said river Savannah, between the cities aforesaid; and vested in the said Board of Commissioners, and their successors in office, for the use and purpose aforesaid. SECT. 2. And be it further enacted, That the aforesaid Board of Commissioners shall have power to appoint a collector resident in the city of Savannah, whose duty it shall be to collect the aforesaid toll on all and every of the articles herein before enumerated, which may be carried down the said river to the port of Savannah, and shall give bond with two or more good and [Illegible Text] securities, in the sum of FIVE THOUSAND DOLLARS, payable to his Excellency the Governor

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and his successors in office, conditioned for the true and faithful discharge of all duties [Illegible Text] on said collector by this act, which bond shall be taken by the said commissioners and transmitted to the Treasury office, subject to be put in [Illegible Text] on the application of the said board of commissioners for any breach thereof; and any monies recovered thereon shall be appropriated by the said commissioners for the purpose of improving the navigation of the said river, and the said collector shall receive a commission of five per centum on all monies collected and paid by him in full compensation for his services. SECT. 3. And be it further enacted, That the said collector shall make fair and regular returns of all [Illegible Text] received by him in virtue of this act, and pay the amount thereof to the said commissioners quarter yearly, or in default thereof, may be [Illegible Text] on his said bond, and removed from office at the [Illegible Text] of the said board of commissioners; and it shall be the duty of the said board to keep a fair and regular account of all monies recovered under and in virtue of this act, and transmit a statement thereof to the office of the Treasurer of the state annually for the inspection of the [Illegible Text]. SECT. 4. And be it further enacted, That the commissioners appointed in virtue of this act shall give bond and security in the sum of FIVE THOUSAND DOLLARS each, payable to his Excellency the Governor and his successors in office, conditioned

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for the faithful discharge of their duties which bond shall be taken by the corporation appointing them respectively and transmitted to [Illegible Text] treasury, subject to be put in suit on the application of the said corporation, for any breach thereof, and the monies recovered thereon to go to the sund intended to be raised by this act. SECT. 5. And be it further [Illegible Text], That the said commissioners shall meet at such time and place as they may agree on, and proceed to carry this act into effect in such, manner as in their judgment will [Illegible Text] promote the beneficial purposes for which it is intended. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 18, 1799, An act to give concurrent [Illegible Text] [Illegible Text] to the Superior Courts of this [Illegible Text], with the Inferior Courts thereof [Illegible Text] [Illegible Text] [Illegible Text]. SECT. 1. BE it enacted by the Senate and [Illegible Text] of [Illegible Text] [Illegible Text] of the State of Georgia, in General [Illegible Text] [Illegible Text] [Illegible Text] of both [Illegible Text] concurring therein, That from and

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after the passing of this act, the superior courts of this state shall have concurrent jurisdiction with the inferior courts thereof, in all civil cases. DAVID MERIWETHER, Speaker of the House of Representatives ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 7, 1799, An act to regulate the [Illegible Text] Elections in this state, and to appoint the time of the meeting of the [Illegible Text] Assembly. SECT. 1. BE it enacted by the Senate and [Illegible Text] of [Illegible Text] [Illegible Text] of the State of Georgia, in General Assembly met, and [Illegible Text] the [Illegible Text] of the same, That all elections for members to represent this state in the General Assembly thereof, and for representatives in Congress, shall be held at the court house or place appointed for holding the superior courts in the respective counties, and the electors thereat shall vote VIVA VOCE. It shall be the duty of any three or more of the magistrates of each county not being candidates, [Illegible Text] preside at, and make returns of all elections for [Illegible Text] and representatives in the General [Illegible Text] and representatives in Congress; and the sheriff

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of each county or his deputy is required to attend at such elections for the purpose of enforcing the orders of the presiding magistrates and preserving good order. That the general election shall be held annually on the first Monday in October, and the time of receiving the votes shall be from fix o'clock in the morning until seven o'clock in the afternoon; and when any doubts shall arise with respect to the qualification of the voters, the following oath shall be administered I A. B. do solemnly swear, or affirm (as the case may be) that I have attained to the age of twenty one years, have paid all legal taxes which have been required of me, and which I have had an opportunity of paying, agreeably to law, have resided six months within the county, and that I am a citizen of the United States, and an inhabitant of this State. SECT. 2. And be it further enacted, That if the superintending magistrates or officers at such elections shall make a fraudulent return, or they or either of them while superintending at such election, [Illegible Text] any candidate shall influence or endeavour to influence or persuade any voter not to vote as [Illegible Text] first designed or intended, or shall take any [Illegible Text] means to obtain a vote, he or they shall forfeit for the first offence, ONE HUNDRED DOLLARS, to be recovered by information in any court having jurisdiction thereof; and if a justice, shall be forever disqualified from serving in the [Illegible Text]

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of the peace; and if a candidate, shall be thereby incapacitated from serving in the [Illegible Text] or place for which he may be elected. That if any person or persons whatsoever, shall on any day appointed for holding such election, presume to violate the freedom of such election, by any arrest, menace or threat, or attempt to overawe, affright or force any person qualified to vote, or offer any bribe to induce him to vote contrary to his inclination; or shall after the said election is over, menace, or [Illegible Text] use, abuse or insult any person because he hath not voted as he or they might have wished him, every such person so offending, upon sufficient proof of such violence or abuse, menacing or threatening before any justice of the peace shall be bound over to the Superior Court, himself in ONE HUNDRED DOLLARS, and two securities in FIFTY DOLLARS each, to be of good behavior and abide the sentence of said court, where, if the offender or offenders are convicted of such offence as aforesaid, then he or they shall respectively for each offence, [Illegible Text] a sum not exceeding ONE HUNDRED DOLLARS and be committed to jail without bail or mainprize, until the same be paid, which said fine so imposed shall be recovered by writ of SCIRE FACIAS or CA. SA. issued and signed by the clerk of said court under and by virtue of the sentence of the same: And the sheriff of the county is hereby required to levy such writ forthwith. That not no civil officer shall execute any writ

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or civil process whatsoever upon the body of any person qualified to vote at any election as aforesaid, either in his journey to, or return from, or during his stay there upon that account, under a penalty not exceeding FIVE HUNDRED DOLLARS; [Illegible Text] he shall not be more than four days on his journey going to, returning from, and stay at the place for holding said election, to be recovered of and from the officer who shall serve any process or arrest as aforesaid, after such manner and form, and to be disposed of as herein before directed; and all such writs or civil process executed on the body of any person either going to, returning from, or being at the place where such election is appointed within the time before limited, he being qualified to vote thereat, are hereby declared null and void. That at the general election which shall be [Illegible Text] for members of the General Assembly on the first Monday in October one thousand eight hundred, and at every second general election thereafter, the electors at such election shall vote for members to represent this State in the house of representatives of the United States. That no person shall be elected a representative in Congress who has not been an inhabitant of this state three years next preceding his election and paid his tax regularly during that time; nor shall [Illegible Text] hold any office of profit under this state or the United States during the time for which he may-be elected a representative. That the names of the several candidates be

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kept on seperate papers, and the number and names of the voters shall be sealed up together with an accurate state of the poll under the hands of the presiding magistrates, and transmitted by express to his Excellency the Governor, within twenty days after closing the poll at such election, who is empowered to draw on the Treasury for the payment of such express, not exceeding two dollars per day. That the Governor or commander in chief, for the time being, shall within five days after the expiration of the said twenty days herein before allowed for making returns, count up the votes from the several counties, or such of them as may have made returns for each person, and immediately thereafter issue his proclamation declaring the persons having the highest number of votes and qualified as aforesaid, to be duly elected to represent this state in the house of-representatives of the United States, and to grant a certificate thereof under the great seal of the state, to each of them; Provided, no certificate or commission shall issue to or for any such person so elected, until satisfactory proof is produced that the tax of such person has been regularly paid as above mentioned, and that he has actually had the residence herein prescribed. That where any two or more persons have an equal and the highest number of votes other than those duly elected on the general poll; then and in that case the Governor shall issue his proclamation directing a new election. That in case any

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person duly elected being in this state and [Illegible Text] thereof in manner herein directed, shall [Illegible Text] within twenty days, and if out of this state within forty days after such notification, signify his acceptance, or shall depart this life, the [Illegible Text] or commander in chief, shall order a new [Illegible Text] to be held in like manner as herein before pointed out. That all writs of elections to fill vacancies that may happen for members of the General Assembly of this state, or house of representatives of the United States, shall be directed to the justices of the inferior courts of the respective counties who are hereby required to give public notice thereof, and cause the same to be held in manner and form as herein before pointed out agreeably to such writ. That the presiding magistrates at any election [Illegible Text] members of the General Assembly of the state, [Illegible Text] representatives in Congress, are hereby empowered and required to appoint three clerks to attend the said elections, whose duty it shall be to keep three rolls. SECT. 3. And be it further enacted, by the authority [Illegible Text], That the General Assembly of this state shall from and after the passing of this act meet on the first Monday in November annually. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 11, 1799.

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An act to repeal and amend an act, entitled, an act for laying out a new county from that part of Scriven that lies south of Ogeechee River, and part of Bryan county, so far as respects the public buildings of Bullock county, for appointing Commissioners of the Court House and Jail, and fixing an a permanent place for their establishment. SECT. 1. BE it enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General Assembly met, and [Illegible Text] the authority of the same, That Drury Jones, Andrew [Illegible Text] Wells, Stephen Denmark, Joseph Rogers, and John Cook, be and they are hereby appointed commissioners, with full and ample powers to point out and fix upon the most suitable and convenient place in the county of Bullock, for erecting a Court House and Jail thereon; and such place to be agreed on by them, or a majority of them, shall and the same is hereby declared to be [Illegible Text] permanent seat of the Court House and Jail of the said county of Bullock.

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SECT. 2. And be it further enacted, That from and immediately after the expiration of the time appointed for holding the next term of the Superior and Inferior Courts in and for the said county of Bullock the same shall be held at the plantation and house of William Fletcher, the same being the present most suitable place, until a permanent place be fixed on, and a Court House and Jail be erected in pursuance of this act; any thing contained in, or done in virtue of the before recited act, to the contrary notwithstanding, which said before recited act is hereby repealed, so far as relates to the objects of this act. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of [Illegible Text] Senate. JAs. JACKSON, GOVERNOR. Assented to, February 16, 1799, An act for apportioning Representatives among the several Counties in this State, according the first enumeration. WHEREAS the seventh section of the first article of the Constitution directs, that the House of Representatives shall be composed of ----- members from all the counties according

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to their respective numbers of free white persons, and including three fifths of all the people of colour; the actual enumeration to be made within two years from the date of the said Constitution; and each enumeration having been made agreeably to the twenty-fifth section of the said article, and reported to the Legislature in order therefore to apportion the representatives of each county respectively, to the said enumeration or census: SECT 1. Be it enacted by the Senate and [Illegible Text] of [Illegible Text] of the General Assembly of the State of Georgia, That in future the representation of the respective counties shall be apportioned in the following manner, to wit: Camden, ONE; Glynn, ONE; M'Intosh, ONE; Liberty, TWO; Bryan, ONE; [Illegible Text], THREE; Effingham, ONE; Scriven, ONE; Burke, THREE; Bullock, ONE; Montgomery, ONE; Jefferson, TWO; Lincoln, TWO; Elbert, THREE; Jackson, TWO; Richmond, TWO; Wilkes, THREE; Columbia, THREE; Warren, TWO; Washington, THREE; Hancock, THREE; Greene, TWO; [Illegible Text], THREE, and Franklin, TWO. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 15, 1799,

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An act to [Illegible Text] and empower [Illegible Text] and Administrators to make titles to Land in certain cafes. SECT. 1. BE it enacted by the Senate and [Illegible Text] of [Illegible Text] [Illegible Text] of the State of Georgia, in General [Illegible Text] met, and it [Illegible Text] hereby enacted, by the authority of the [Illegible Text], That where it shall clearly and indisputably appear, that any person or persons hath or have entered into any bond, obligation, or other agreement in writing, whereby they were bound to make titles to any [Illegible Text] tenements or hereditaments, and shall die without having performed the same, or making provision therefor by will; the person or persons to whom such bond, obligation, or other agreement in writing as [Illegible Text] was given, shall petition the Court of Ordinary in which the executors or administrators reside, and annex a copy of such bond, obligation, or other agreement thereto, praying the court to direct the executors of such testator, or administrator of such intestate, to make titles for the lands, tenements, or hereditaments, expressed in the said bond, obligation, or other agreement: Whereupon the said court shall give at least three months notice in one of the public Gazettes, and in the public places of the county; of such application; and that the executors and administrators will be directed at the court to

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be held at the next term to make titles agreeably to such bond, obligation, or agreement; and [Illegible Text] no objection shall be made thereto during the said next term, it shall and may be lawful for the executors of such testator, or the administrators of such intestate, upon application made to him or them for that purpose; and upon its being made known to his, her or their satisfaction, that the contract hath been carried fairly into effect, on the part of the person or persons, to whom such bond, obligation or other agreement in writing was made or their legal representatives, and the amount of the purchase money or the consideration for which the said contract was entered into, shall be fully paid, or performed, with the concurrence of the Court of Ordinary of the county, in which the intestate died, or resided, at the time of his, or her decease; to make and execute titles, in see simple for such lands, or tenements, and fully and completely perform the contract, and agreement of the deceased, as perfectly and effectually to all intents and purposes, as the party having made the said contract might, or could have done when in life; any law to the contrary notwithstanding: provided always, [Illegible Text], and be it further enacted, That if any of the heirs or legal representatives of the deceased, shall oppose or dissent to the making of such titles by the executor or administrator, such executor or administrator, shall withhold and forbear to make such title, or titles, until a suit shall be instituted against him, or them, and a [Illegible Text]

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of a jury, or judgment of the court, shall [Illegible Text] [Illegible Text] him for that purpose. SECT. 2. And be it further enacted, That it shall [Illegible Text] the duty of such executor or executors, administrator or administrators, in all cases where titles [Illegible Text] lands are made in virtue of this act, to make [Illegible Text] fair statement thereof, describing the [Illegible Text] and situation of the land, and return the same together with the bond, obligation, or other agreement in writing, which may have been taken [Illegible Text] upon making such titles, to the court of ordinary to be filed in the clerk's office of that court, subject to the inspection of all persons interested. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate, JAs. JACKSON, GOVERNOR. Assented to, February 15, 1799, An act for the better protection and [Illegible Text] of Orphans and their estates. SECT. 1. BE it enacted by the Senate and [Illegible Text] of Representatives of the State of Georgia, in General [Illegible Text] met, and by the authority [Illegible Text], it is hereby enacted, That from and after the passing of this act, it shall be the duty of the clerks of the courts of ordinary in the respective counties, to enter into a book to be kept for that purpose, the names of all the executors

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administrators and guardians, which may have [Illegible Text], or shall in future be appointed in the [Illegible Text] counties, together with the names of their [Illegible Text], which book shall at all times be subject [Illegible Text] the examination of the inferior court, and of [Illegible Text] other person or persons as may be interested [Illegible Text]. SECT. 2. And be it further enacted, That all [Illegible Text], executors and administrators heretofore appointed, and which shall hereafter be appointed, [Illegible Text] at the next inferior court after the expiration [Illegible Text] nine months in the respective counties, after [Illegible Text] passing of this act, exhibit an account on oath [Illegible Text] all the estate of such orphan or deceased [Illegible Text], which he or they shall have received, to [Illegible Text] entered by the clerk of the court of ordinary [Illegible Text] a book to be kept for that purpose only: And then such court shall know or be informed that [Illegible Text] such guardian, executor or administrator, [Illegible Text] waste, or in any manner mismanage the [Illegible Text] of such orphan, or deceased person, or does [Illegible Text] take due care of the education and maintainance of such orphan according to his, her or their [Illegible Text], or where such guardian, executor [Illegible Text] administrator, or his, her or their securities, [Illegible Text] likely to become insolvent, such court may [Illegible Text] such order, for the better managing and [Illegible Text] such estate, and educating and [Illegible Text] such orphan as they shall think fit. SECT. 3. And be it further enacted, That it shall be

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the duty of all such guardians, executors and administrators to render a full and correct account [Illegible Text] the state and condition of such estates as they may severally have in their possession, to the first term of the inferior court in the respective counties [Illegible Text] which they shall severally be appointed in every year; which account shall contain a statement [Illegible Text] the transactions of the estates to the last day [Illegible Text] December preceding such court; and the [Illegible Text] courts shall yearly at the court aforesaid, [Illegible Text] the accounts of such guardians, executors and administrators, so to be exhibited; and shall [Illegible Text] process to issue returnable to the [Illegible Text] court, against all guardians, executors and administrators, then failing to appear and render such account, whether he, she or they be resident in the same or any other county, and shall also enquire into the abuses or mismanagement of all guardians, executors and administrators, and whether they or their securities are likely to become insolvent or not, and thereupon to proceed according to the powers herein before given by this act: [Illegible Text], That nothing herein contained shall be construed to restrain the said [Illegible Text] courts from enquiring as often as they shall [Illegible Text] proper into the abuses and mismanagement [Illegible Text] guardians, executors and administrators, but they may exercise such powers at any time when it shall appear necessary. SECT. 4. And be it further enacted, That all guardians

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[Illegible Text] be allowed in their account to charge [Illegible Text] [Illegible Text] disbursements and expences, suitable to the circumstances of the orphan committed to his care; and where it shall appear to the said court that the annual profits of the estate of any orphan is not sufficient for the education and maintainance of such orphan, if shall be the duty of such court forthwith, to bind out the said orphan, for the whole, or such part of the time of such orphans minority, as to them shall seem best; and the person to whom such orphan shall be bound, shall undertake to clothe and maintain such [Illegible Text] in such manner as the said court may direct; and shall cause such apprentice to be taught to read and write the English language, and the usual rules of of arithmetic; and in all cases where it shall appear to the court, that any person to whom any orphan shall be bound in manner aforesaid, shall misuse or ill treat such orphan, or shall fail to comply with the condition on which such orphan was bound, it shall be the duty of the said court, on due notice and proof thereof, to take the said orphan out of the possession of such person and bind him or her to some other person. SECT. 5. And be it further enacted, That when any guardian, executor or administrator, chargeable with the estate of any orphan, or deceased persons, to him, her or them committed, shall die [Illegible Text] chargeable, his, her or their executors or administrators, shall be compellable to pay out of his,

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her or their estate, so much as shall appear to [Illegible Text] due to the estate of such orphan or deceased [Illegible Text], before any other debt of such testator or [Illegible Text] testate. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 18, 1799, An act to carry into effect the twenty fourth Section of the first Article of the Constitution. WHEREAS by the twenty fourth section of the first article of the Constitution, it is, among other things declared, that the foregoing section of this article having declared the common rights of the free citizens of this State, in and to all the territory without the present temporary boundary line, and within the limits of this State, thereby defined, by which the contemplated purchasers of certain companies, of a considerable portion thereof, are become constitutionally void; and justice and good faith require, that the state should not detain a consideration for a contract which has failed, the Legislature

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at their next session, shall make provision by law for returning to any person or persons who has or have bona fide deposited monies for such purchases in the treasury of this state; [Illegible Text], that the same shall not have been drawn therefrom in terms of the act passed the thirteenth day of February, one thousand seven and ninety six, commonly called the rescinding act, or the appropriation laws of the years one thousand seven hundred and ninety six, and one thousand seven hundred and ninety seven; nor shall the monies paid for such purchases ever be deemed a part of the funds of this state, or be liable to appropriated as such, but until such monies be drawn from the treasury, they shall be confidered altogether at the risque of the persons who have deposited the same. SECT. 1. Be it therefore enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General [Illegible Text] [Illegible Text], and by the authority of the [Illegible Text], That any pretended grantee [Illegible Text] grantees, his or their acknowledged agent or [Illegible Text], or other person or persons, having [Illegible Text] any sum or sums of money for the aforesaid [Illegible Text] purposes, shall be entitled to receive the same under the following restrictions, (that is [Illegible Text] say) That the Treasurer on receiving the original treasury receipt, given to any person or [Illegible Text], or the receipt of the pretended grantees, or [Illegible Text] acknowledged agent or agents, to any [Illegible Text] or persons, or the receipt of any person or [Illegible Text] in whose name or names any sum or sums of

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money was deposited in the Treasury, for or [Illegible Text] account of any or either of the pretended companies, to any person or persons, for any sum or sums of money, for any pretended share or shares of land, or Western Territory of this state, pretendedly sold as aforesaid, the person or persons applying, making oath before the said Treasurer that the money signisied to be received, was BONA FIDE deposited in the Treasury, or paid to the said pretended grantees, their acknowledged agent, or any other person or persons in whose name or names any sum or sums of money has or have been lodged in the Treasury, for or on account of any or either of the pretended companies as aforesaid, and that the receipt produced, is the original receipt of the Treasurer, grantees, agent or person or persons, in whose name or names any sum or sums of money has or have been lodged in the Treasury as aforesaid, given at the time the money was paid, and that he or they has or have therewith, delivered in all pretended documents relative to any pretended title in his or their possession, or power under the pretended authority aforesaid, which shall be filed in the Treasury office, and the oath be there subscribed and preserved; shall issue to the person or persons depositing the same as aforesaid, a certificate expressing the date, name or names, together with the sum mentioned in the document deposited as aforesaid: Probided [Illegible Text] and it is [Illegible Text] [Illegible Text], That the Treasurer [Illegible Text] [Illegible Text] [Illegible Text] any

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[Illegible Text] pretended document chargeable to any of [Illegible Text] pretended companies in the Treasury books, exceeding the sum or sums deposited by each of [Illegible Text] respective pretended companies, and which is in the Treasury at the time such receipt or [Illegible Text] document is presented to him; nor shall he [Illegible Text] any certificate or certificates, for any sum or [Illegible Text] of money exceeding the amount which may be in the Treasury as aforesaid, at the credit of [Illegible Text] aforesaid respective pretended firms. SECT. 2. And be it further [Illegible Text], by the authority [Illegible Text], That his Excellency the Governor be, and he [Illegible Text] hereby authorized and required, on receiving the certificate or certificates of the Treasurer as aforesaid, to issue an order to the Treasurer in the words following: You are hereby required to return out of the monies, deposited by A. B. pretended company, or by C. D. who held a receipt for monies paid to or on account of the said pretended company, now filed in the Treasury agreeably to your certificate of and debit the said pretended company with the same. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON [Illegible Text] Assented to, February 16, 1799.

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An act for laying out a town in the [Illegible Text] of Effingham, and authorising the Commissioners of the Court House and Jail to make sale of the [Illegible Text] and appropriate the amount thereof, and to dispase of the former Court House in Ebenezer. WHEREAS David Hall, Joshua Loper, Samuel Ryals, Godhils Smith, and Drurias Garrison, commissioners of the Court House and Jail of the county of Effingham, have purchased a piece of land for erecting the public buildings of the county aforesaid: SECT. 1 [Illegible Text] it therefore enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of [Illegible Text], in [Illegible Text] [Illegible Text] met, and by the authority of the [Illegible Text], That the said David Hall, Joshua Loper, Samuel Ryal, Godhilf Smith, and Drurias Garrison, commissioners as aforesaid or a majority of them or their successors in office, shall and may lay out into lots of such size as they may think proper, the aforesaid piece of land, and shall set up and expose to sale, within six months after the passing of this act the said lots and make titles thereto. and the monies arising from such sale, to be applied to the use of building a courthouse and jail in the said county.

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SECT. 2. And be it further enacted, That the said town shall be known by the name of Springfield, and [Illegible Text] be the permanent feat of public buildings. SECT. 3 And be it further enacted, That the commissioners aforesaid, or a majority of them, shall and may sell the court house in Ebenezar, and apply the money as herein before directed, any law to the contrary notwithstanding. DAVID MERIWETHER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JAs. JACKSON, GOVERNOR. Assented to, February 7, 1799. An act to establish the town of Wrightsborough in the county of Columbia, and to secure the inhabitants thereof in their rights to certain lands appropriated for their benefit. SECT. 1. BE it enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General [Illegible Text] met, and [Illegible Text] the authority of the [Illegible Text], That all that tract or parcel of land containing one thousand acres, which was ordered to be surveyed by the Governor and Council, on the seventh day of February one thousand seven

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hundred and sixty nine, situate lying and being in the then Parish of St. Paul, now county of Columbia, shall be and the same is hereby set [Illegible Text] for public purposes agreeably to the true [Illegible Text] and meaning of the aforesaid order; and the [Illegible Text] one thousand acres of land shall in future be held deemed and considered as the town and [Illegible Text] of Wrightsborough, any law to the contrary not withstanding. SECT. 2. Be it further enacted, by the authority [Illegible Text], [Illegible Text] the commissioners of the town and common [Illegible Text] Wrightsborough shall be, and they are hereby authorized and empowered to lay out agreeably to the original plan of the said town, one hundred and fifty acres of land into lots and [Illegible Text] including the lots and streets already laid out, and from time to time thereafter expose the whole [Illegible Text] any part of the said lots of land to public sale, [Illegible Text] giving twenty days publick notice of such their intention; [Illegible Text] [Illegible Text], they the said commissioners shall not be authorised to sell [Illegible Text] otherwise dispose of such lot or lots of land in the said town that have at any time heretofore been disposed of, agreeably to the true intent and meaning of the aforesaid order; and they the said commissioners shall be, and they are hereby authorized and empowered to convey unto any person or persons, who may or shall purchase any lot or lots of land in the town of Wrightsborough in pursuance of this act, or title in fee simple for the same.

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SECT. 3. Be it further enacted by the authority [Illegible Text], That the commissioners in pursuance of this act [Illegible Text] be and they are hereby authorized and empowered to dispose of the whole or any part of the remaining unappropriated eight hundred and [Illegible Text] acres of land, to the use of a common for and [Illegible Text] behalf of the lot holders in the town aforesaid, [Illegible Text] by laying out the fame in lots of such size as [Illegible Text] may deem proper, not exceeding fifty acres [Illegible Text], and lease the same from time to time, not exceeding five years at any one time, on their giving public notice as aforesaid; and the said commissioners shall apply all such monies as they may receive in pursuance of this act towards [Illegible Text] and supporting a seminary of learning in [Illegible Text] town of Wrightsborough, and they shall from [Illegible Text] to time, not less than once in two years, deliver unto the grand jury of their county, a fair [Illegible Text] of the receipts and expenditures of all [Illegible Text] which they shall receive or expend in [Illegible Text] of this act, and the grand jury of such county shall express their approbation or [Illegible Text] on the conduct of said Commissioners. SECT. 4. And be it further enacted by the authority [Illegible Text], That Thomas White, William Smith, Jesle Bull, Joel Cloud, and Nathan Jones, shall be and they are hereby appointed Commissioners of the town and common of Wrightsborough, to continue in office until the second Monday in May one [Illegible Text] eight hundred and one, on which day the

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lot holders in the town and commons of Wrightsborough, shall assemble in the said town and [Illegible Text] five fit and discreet persons as commissioners for the said town; and they the said lot-holders, shall on the said second Monday in May in every subsequent term of two years thereafter, in manner and form aforesaid, elect commissioners for the town and common of Wrightsborough. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAs. JACKSON, GOVERNOR. Assented to, February 16, 1799, An act for attering the Great seal of the state of Georgia. WHEREAS the Constitution of this State directs the alteration of the Great Seal therefore, SECT. 1. BE it enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General [Illegible Text] met, and [Illegible Text] the authority of the same, That the Great Seal of the state of Georgia shall be made of silver, and the size of two and a quarter inches in diameter. SECT. 2. And be it further enacted, by the authority [Illegible Text], That the device shall be as follows: On the one side a view of the SEA SHORE with a [Illegible Text]

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[Illegible Text] the FLAG of the United States, riding at [Illegible Text] near a Whars, receiving on board [Illegible Text] of TOBACCO and Bales of COTTON, emblematic of the exports of this state: At a small distance a Boat landing from the interior of the State with Hogsheads, c. on board, representing her internal trafficin the back part of the same side, a man in the act of Ploughing; and at a small distance a FLOCK of SHEEP in different postures, shaded by a flourishing tree.The motto on this side, AGRICULTURE AND COMMERCE, 1799. That the other side contain three PILLARS supporting an ARCH, with the word CONSTITUTION, engraven within the same, emblematic of the Constitution supported by the three Departments of Government, viz the Legislative, Judicial, and Executivethe first Pillar to have engraven on its base, WISDOM, the second JUSTICE, and the third MODERATIONon the right of the last Pillar a Man standing with a drawn sword, representing the aid of the Military in defence of the Constitution.The motto, STATE OF GEORGIA, 1799. SECT. 3. And be it further enacted, by the authority [Illegible Text], That his Excellency the Governor be and he is hereby authorized to contract with some fit and proper person for making of the aforesaid seal in manner and form aforesaid, and shall deposit the same in the office of the secretary of state, and

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on and after the fourth day of July next, the [Illegible Text] seal shall be considered as the great seal of the State of Georgia, and applied and made use [Illegible Text] as such in all cases as the law directs: And the old or present great seal shall broken in presence of his Excellency the Governor. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAs. JACKSON, GOVERNOR. Assented to, February 8, 1799, An act supplementary to an act, entitled An act to revise and amend an act supplementary to an act for regulating the town of Augusta, and to amend an act entitled, an act for regulating the town of Savannah and hamlets thereof; and for other purposes. WHEREAS it is required by the afore recited act, that two or more magistrates of the county of Chatham, shall preside at, and superintend the elections to be held in each ward, in the city of Savannah, for aldermen, of the said city; and the number of magistrates, limited by the

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present Constitution of this state, may prove insufficient for holding such election, without [Illegible Text] inconvenience, SECT. 1. Be it therefore enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General Assembly met, That the mayor and aldermen, for the time being, be and they are hereby empowered and required, to appoint managers, to preside at and superintend the elections in each ward, for aldermen, to represent the said city, at the times and under the restrictions of the aforesaid act. SECT. 2. And be it further enacted, That it shall be the duty of the mayor and aldermen, of the said city of Savannah, and they are hereby required to remove, or cause to be removed all buildings, lumber, obstructions or other nuisances whatsoever, from the public docks, at the ends of the streets leading to the river, agreeably to the acts of the late Province, now state of Georgia, in such cases made and provided; within six months from and after the passing of this act: Provided, That nothing herein contained shall prevent the said mayor and aldermen from erecting at the expence of the said city such a head as may be necessary not to extend within thirty feet of low water mark, for the security of the river by preventing the sand from being washed therein, and steps thereto for the accommodation of passengers. DAVID MERIWETHER, speaker of the House of Representatives.

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ROBERT WALTON, President of the senate. JAs. JACKSON, GOVERNOR. Assented to, February 16, 1799, An act to admit Thomas Going, a free person of colour, to the privileges of a citizen of this state, so far as is therein expressed. WHEREAS Thomas Going a free person of colour, has petitioned this legislature, praying to be made a free citizen of this state, SECT. 1. BE it therefore enacted, by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General Assembly met, and by the authority of the [Illegible Text], That from and after the passing of this act, that the aforesaid Thomas Going of the county of Wilkes, be and he is hereby vested with and entitled to all the rights, privileges and immunities belonging to a free citizen of this state: Provided [Illegible Text], That nothing herein contained shall extend or be construed to extend to entitle the said Thomas Going to serve in the capacity of a juror, in any cause whatever; nor to render him a competent witness in any cause or case where the personal rights or property of any white person are or is concerned; nor to entitle the said Thomas Going to vote at elections,

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nor to have or hold directly or indirectly any [Illegible Text] of trust or emolument, civil or military within this state. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAs. JACKSON, GOVERNOR. Assented to, February 18, 1799. An act for the appointment of county officers. SECT. 1. BE it enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General Assembly met, That the sheriffs, clerks, coroners and county surveyers of the respective counties within this state, shall be elected on the third Tuesday in October next, by the justices of the inferior court and justices of the peace, or a majority of them, in each of the said counties respectively, and all such elections shall be held by any two or more of the said electors, not being candidates, who shall within THIRTY days thereafter, transmit under their hands and seals a true return of such elections to his Excellency the Governor, who is hereby authorized and empowered to commission such person or persons as may be elected. SECT. 2. And be it further enacted, That the said justices

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of the inferior court and justices of the peace, or a majority of them, shall meet at the courthouses in their respective counties, in the forenoon of the said third Tuesday in October next and appoint the aforesaid officers, and shall meet on the said third Tuesday in October in every second year thereafter, and appoint each of the aforesaid officers in manner herein before prescribed: Provided always, That the clerks of the courts shall hold their appointments during good behaviour, agreeable to the constitution. SECT. 3. And be it further enacted by the authority aforesaid, That on the representation of two thirds of the justices of the inferior courts, and of the county, or by sentence of impeachment, his Excellency the Governor be and he is hereby authorized to remove any of the aforesaid sheriffs from office; and he shall and may remove from office any coroner or county surveyor, on like representation of two thirds of the justices of the inferior court and of the county, the Governor shall and may also remove any of the aforesaid clerks, county surveyors or coroners from office on conviction of the offender or offenders for mal practice in office. SECT. 4 And be it further enacted, That in case of the death, resignation or removal from office, or other disability of any or either of the aforesaid officers, it shall be the duty of one or more of the justices of the inferior court of the county in

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which such vacancy shall happen, to give at least ten days notice, to be published at the court house and at three or more public places in such county for the meeting of the said justices of the inferior court and justices of the peace for the purpose of filling up such vacancy; and the said justices of the inferior court and justices of the peace, or a majority of them being so convened, shall proceed to elect a fit and proper person to fill such vacancy according to the directions of this act. SECT. 5. And be it further enacted, That the inferior court shall at their first term in each year appoint at least one and not more than two fit and proper person or persons in each militia company district to serve as constables, who shall hold their appointments for one year, and until a successor shall be appointed and before such constables enter on the duties of their appointments, they shall give bond and good security to the Governor of this slate for the time being, in the sum of one hundred and fifty dollars for the faithful discharge of their duties, and shall also take the following oath before a justice of the inferior court or justice of the peace: I do solemnly swear (or affirm) that I will duly and faithfully perform all the duties required of me as constable of the county ofaccording to the best of my abilities and understanding. And where it shall so happen that no fit and proper person or persons offer themselves as candidates, the said court shall pass an order

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directing the justices in any district or one of [Illegible Text] to draw not exceeding two persons from such company to serve as aforesaid, who shall be liable to a fine of forty dollars, to be levied by order of the said inferior court, on refusal to act or procure some other person to serve for him. SECT. 6. And be it further enacted, That any justice of the peace may in cases where there is no constable in his district, either from death, removal or otherwise, authorize some person to execute the duties of constable until such vacancy is filled. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAs. JACKSON, GOVERNOR. Assented to, February 16, 1799, An act to revise and amend an act, [Illegible Text] An act concerning [Illegible Text] and for improving the breed [Illegible Text] Horses. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same That from and after the passing of this act the sale of all Estrays, except horses, mares, colts, filleys

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[Illegible Text] or mules, shall be in the captain's district in which such estray may have been taken up, and [Illegible Text] be sold by the justices of the district for ready money on their court days; and at least twenty days notice of all sales shall be given at one or more of the most public places in the district. SECT. 2. And be it further enacted, That the justices of the several company districts shall at the next inferior court after the sale of any estray or estrays render an account thereof in writing and pay over the monies received by them for estrays sold, to the justices of the said courts respectively; and if any justice of the peace shall fail to pay to the inferior courts the monies for which such estrays may have sold as required by this act after deducting five per centum commissions and such other charges as are allowed by law, he or they shall be punished by attachment as for a contempt, and shall be committed until the monies aforesaid shall be paid. SECT. 3. And be it further enacted, That if any person shall presume, to sell or dispose of, or apply to his, or their own use, any estray, every such person or persons so offending shall be subject to indictment for a misdemeanor, and on conviction thereof shall forfeit and pay to the justices of the inferior court for the use of the county in which such offence may be committed, double the value of such estray or estrays so sold, applied or converted to his, her or their use.

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SECT. 4. And be it further enacted, That every estray horse, mare, colt, filley, ass or mule shall on the day they are to be sold agreeably to law be brought to the court House by the person who took them up, and delivered to the clerk of the inferior court by twelve o'clock at furthest, and on failure thereof, unless satisfactory proof can be given in excuse, he, she or they shall forfeit double the value thereof, to be recovered in the manner herein before pointed out. [Illegible Text] nevertheless. That nothing contained in this law shall be construed as to prevent the original owner from receiving the amount of sales of such estray, on application and satisfactory proof thereof being made to the said inferior court, if such application is made in a term not exceeding two years after such sales; and it shall be the duty of the said inferior court to refund to the said owner the amount of sales of such estray or estrays, after deducting all legal cost and charges therefrom. SECT. 5. And be it further enacted, That so much of the act, entitled, an act concerning estrays and for improving the breed of horses, as is repugnant to this act, shall be, and the same is hereby repealed. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAS. JACKSON, GOVERNOR. Assented to, February 15, 1799.

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An act explanatory of that part of the Charter of the University of Georgia, relative to the Board of Visiters; and to empower the Senatus Academicus to decide on the proper place for the seat of that institution. WHEREAS by the Charter of the University of this State made and granted on the twenty seventh day of January in the year of our Lord one thousand seven hundred and eighty five, [Illegible Text] board of visiters was constituted, consisting in [Illegible Text] of their several offices, of the Governor and Executive Council, the Chief Justice, and the Speaker of the House of Assembly, who also made [Illegible Text] part of the Senatus Academicus of the said University; and whereas by the adoption of new Constitutions, alterations have been made in the several departments which those officers formed or presided over, and doubts have arisen whether the Governor, the Judges of the [Illegible Text] Courts, the President of the Senate and Speaker of the House of Representatives do, or can now form a Board of Visiters, or make a part of the Senatus Academicus; and whereas the Board of Trustees have preferred to this General Assembly their memorial, signed by their President,

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praying an act explanatory of the said [Illegible Text] and for empowering the Senatus Academicus [Illegible Text] decide on the proper place for the seat of the [Illegible Text] institution. SECT. 1. BE it therefore enacted and declared, by the [Illegible Text] and [Illegible Text] of Representatives of the State of Georgia, [Illegible Text] General Assembly met, and by the authority thereof, it is [Illegible Text] by enacted and declared, That it was the true intent and meaning of the said charter, that the officers forming, or presiding over the Executive, Judiciary and Legislative departments of government should form a Board of Visiters, and make a [Illegible Text] of the Senatus Academicus of the University, [Illegible Text] they should feel more immediately obligated, and have it more directly in their power to [Illegible Text] the interest of the institution; and that in virtue of their several offices, according to the true intent and meaning of the said charter, the Governor, the Judges of the Superior Courts, the President of the Senate, and the Speaker of the House [Illegible Text] Representatives do, and of right ought now to constitute the Board of Visiters, and a part of the senatus academicus of the said university. And whereas the prosperity of the institution may depend much on the judicious choice of [Illegible Text] place to be the seat of the university, and [Illegible Text] are entertained with whom the determination [Illegible Text] this point rests, SECT. 2. Be it enacted by the authority aforesaid, That the Senatus Academicus shall be, and hereby are [Illegible Text]

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with full power to decide on such place as in their judgment shall be most conducive to the good and prosperity of the said institution. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAS. JACKSON, GOVERNOR. Assented to, February 6, 1799, An act to carry the twenty third Section of the first Article of the Constitution into operation. WHEREAS the twenty third section of the first article of the Constitution, speaking of the powers of the legislature, is in the words following, to wit: They shall have power to alter the boundaries of the present counties, and to lay off new ones as well out of the counties already laid off as out of the other territory belonging to the state; but the property of the soil, in a free government being one of the essential rights of a free people, it is necessary in order to avoid disputes, that the limits of this state should be ascertained with precision and exactness; and this Convention composed of the immediate representatives of the people,

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chosen by them to affert their rights, and [Illegible Text] the powers given by them to the government, and from whose will all ruling authority of right flows: Doth affert and declare the boundaries of this state to be as follow, that is to say. The limits, boundaries, jurisdictions and authority of the state of Georgia, do and did, and of [Illegible Text] ought to extend from the Sea or mouth of the river Savannah, along the northern branch [Illegible Text] stream thereof, to the fork or confluence of the rivers now called Tugalo and Keowee, and from thence along the most northern branch or stream [Illegible Text] the said river Tugalo, till it intersects the northern boundary line of South Carolina, if the [Illegible Text] branch or stream of Tugalo extends so far [Illegible Text] reserving all the islands in the said rivers Savannah and Tugalo, to Georgia; but if the [Illegible Text] spring or source of any branch or stream of the said river Tugalo does not extend to the north boundary line of South Carolina, then a west [Illegible Text] to the Missisippi, to be drawn from the head [Illegible Text] or source of the said branch or stream of [Illegible Text] river, which extends to the highest northern [Illegible Text]; thence down the middle of the said [Illegible Text] Missisippi until if shall intersect the [Illegible Text] part of the thirty-first degree of north latitude south by a line drawn due east from the termination of the line last mentioned, in the [Illegible Text] of thirty one degrees north of the equator, to [Illegible Text] middle of the river Apalachicola or [Illegible Text]

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[Illegible Text] along the middle thereof to its junction with Flint river, thence straight to the head of [Illegible Text] Mary's river, and thence along the middle of [Illegible Text] Mary's river to the Atlantic Ocean; and from thence to the mouth or inlet of Savannah [Illegible Text], the place of beginning: Including and comprehending all the lands and waters within the [Illegible Text] limits, boundaries and jurisdictional rights, [Illegible Text] also all islands within twenty leagues of the [Illegible Text] coast. And this Convention doth further [Illegible Text] and assert, that all the territory without the [Illegible Text] temporary line and within the limits [Illegible Text] is now of right, the property of the free [Illegible Text] of this state, and held by them in [Illegible Text] inalienable, but by their consent: Provided [Illegible Text], That nothing herein contained shall be [Illegible Text] so as to prevent a sale to, or contract with [Illegible Text] United States by the legislature of this state, [Illegible Text], and for all or any part of the Western [Illegible Text] of this state, lying westward of the river Chatahoochie, on such terms as may be [Illegible Text] to both parties; and may procure an extension [Illegible Text] settlement, and an extinguishment of Indian [Illegible Text] in and to the vacant territory of this state, [Illegible Text] the east and north of the river Chatahoochie, to which territory, such power of contract [Illegible Text] sale by the legislature shall not extend: And [Illegible Text] also, The legislature may give its consent to [Illegible Text] establishment of one or more governments [Illegible Text] thereof; but monopolies of land by [Illegible Text], being contrary to the spirit of our

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free government, no sale of territory of this [Illegible Text], or any part thereof, shall take place to individuals or private companies unless a county or counties shall have been first laid off including such territory and the indian rights shall have been extinguished thereto. And whereas it will much add to the harmony of the union and tranquility of the citizens of this state, to carry the powers thereby given to the Legislature of selling the territory belonging to this state, westward of the Chatahoochie to the United States into operation. SECT. 1. Be it enacted, That ABRAHAM BALDWIN, JAMES JONES, and BENJAMIN TALIAFERRO, Esquires, representatives of this state in Congress, or a majority of them, be and they are hereby authorized and empowered, to meet any person or persons who may be appointed on the part of the United States, and they are hereby properly and duly authorized as commissioners on the part of the State of Georgia, with him or them to treat, consult, conclude and agree for the sale of all or any part of the territory within the constitutional limits of this state, westward of a line beginning at a point in the middle of the river Chatahoochie, where it shall be intersected by the thirty first degree of north latitude; thence up the said river to the most western bend thereof, thence a due north line to the northern boundary of this state, including all the islands in the said river and reserving the navigation of the said river, so far

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as the said line shall extend thereon, alike free to the citizens of the United States, as those of the state of Georgia, on such terms and reasonable compensation for the same as may be beneficial to both parties; and shall procure to this state [Illegible Text] the land east and north of the aforesaid line within a reasonable time, viz. not exceeding the [Illegible Text] of three yearsall the land lying and being between the Oconee and Oakmulgee rivers, and a line to be run from the head source of the said Oakmulgee river, along the ridge dividing the waters of the same from the waters of the Chatahoochie river to the Curryhee mountain; and not to exceed the term of ten years all the land [Illegible Text] of the aforesaid river and line; the same to be obtained and the Indian rights thereto extinguished, by, and at the sole expence of the said United States, and on such agreement and ratification of the same by the Congress of the United States, full and ample deeds of cession and sale, as well of territorial as jurisdictional rights, and of all claims or demands of this state of, in or to the territory so concluded on to be sold, to sign, seal, execute and deliver to the United States, to hold the same to the said United States, in sovereignty for ever. SECT. 2. Provided always, and be it further enacted, That the said United States shall within three years [Illegible Text] to this state all that tract of country called and known by the name of the Tallissee county,

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which was purchased of the Creek Indians by [Illegible Text] state, at a treaty held with the said Indians at Galphinton on the twelsth day of November, in the year our Lord one thousand seven hundred and eighty five; and which was ceded by the United States to the said Indians, by the treaty of New-York, in contravention of the said treaty of Galphinton; and this General Assembly doth hereby unequivocally declare that the said tract of country is, and of right doth belong to this state, by virtue of, and as derived from the compact aforesaid. And [Illegible Text] That whenever the territory ceded as aforesaid, shall contain a number of inhabitants sufficient to entitle them to a representative in the Congress of the United States, agreeably to the principle established in the Constitution thereof for regulating the representation of the states now in the union; that then the said inhabitants shall be entitled to a representation in the Congress of the United States, and shall be received into the Union as an INDEPENDENT STATE, and shall be entitled to every right granted and secured by the said Constitution to the states therein named. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the fenate. JAS. JACKSON, GOVERNOR. Assented to, February 15, 1799

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An act to revise and amend An act for preventing controversies concerning the bounds of land and for processioning the same. SECT. 1. BE it [Illegible Text] by the Senate and [Illegible Text] of [Illegible Text] of the State of [Illegible Text] in [Illegible Text] [Illegible Text] [Illegible Text] and by the authority of the [Illegible Text], That the time allowed for processioning lands by an act entitled, An act for preventing controversies concerning the bounds of land and for processioning the same, passed at Louisville the second day of February, one thousand seven hundred and ninety-eight, shall be and the same is hereby extended to the first day of July in the year of our Lord EIGHT HUNDRED; and any person failing to procession and new mark the tree lines of their lands in manner therein pointed out, shall be subject to the sines and penalties therein mentioned. SECT. 2. And be it further enacted, by the authority aforesaid, That whenever any person intends to procession his lands which adjoin lands belonging to any other person or persons who may reside in the county in which the lands lie, then and in that case, written notice shall be given to such person or persons at least ten days before, that he will on a day specified in the notice, proceed to

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procession the lands adjoining such person, and if the person so notisied shall sail to attend at the time appointed, then the opposite party may [Illegible Text] presence of any two or more of the neighbours or inhabitants contiguous to the land, go round and new mark his tree lines, which shall be considered on his part as sully complying with the before recited act. SECT. 3. And be it further enacted, That whenever any persons own lands in this state adjoining land of another who resides out of the county in which the lands may be intended to be processioned, then and in such case, notice shall be given by advertisement in one of the public Gazettes of this state, that he will on a day therein mentioned, proceed to procession his own lands as herein before directed; which shall be published at least six months previous to the time appointed for processioning the lands, and the expence of advertising shall be paid by the owner or owners of the land intended to be notisied. SECT. 4. And be it further enacted, That any person or persons may as agent or attorney for the owner of any lands to be processioned, on producing a PART or PARTS, and grant or grants thereof, proceed to procession the same, for and in behalf of the proprietors, in like manner as if they were themselves present and had done the same. SECT. 5. And be it further enacted, That whenever the lines of lands are disputed, and are [Illegible Text]

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as directed by the before recited act, that then and in every such case, a plat of such lands [Illegible Text] made out by the county surveyor or his [Illegible Text] deputy, and certified by him, and the [Illegible Text] of the district, and shall be by said surveyor recorded in his office. Provided, That nothing in this act contained shall extend or be [Illegible Text] to extend to effect the tracts fold under the [Illegible Text] act, where the plats shall not appear of record in the surveyor general's office, so as to give a preference of title for want of [Illegible Text] And provided [Illegible Text] That where the [Illegible Text] for lands granted or surveyed for any person or persons prior to the fourth of July on thousand seven hundred and seventy six, shall not appear of record in the surveyor general's office, and the loss of the original plat shall be satisfactionly proven to the processioners, by the person holding or claiming any tract or tracts of land as aforesaid the said processioners shall proceed to procession from the best evidence in their power to obtains. SECT. 6. And be it further enacted, That returns of the electors of all processioners heretosore or hereafter to be made, and shall be deposited of record in the clerk's office of the superior court in the county wherein they shall or may be so appointed, and where any cacancy shall happen in the appointment of processioners, either by death, resignation, removal out of the districts, or otherwise, such vacancy shall be filled in manner pointed

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out by the said recited act, and return thereof made as herein before directed. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAS. JACKSON, GOVERNOR. Assented to, February 18, 1799. An act to establish Tobacco Inspections at the several places herein after mentioned, and for improving the navigation of Broad river and Ocenee rivers. SECT. 1. BE it enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General [Illegible Text] met. That there shall be a tobacco inspection established on the land of Reuben Easten, Esquire, on Broad river at Davis's ford, to be known by the name of Easten's Ware House; and that one other tobacco inspection be established on the land of James Hughes, on Savannah river, near Barkesdale's ferry, to be known by the name of Hughes's Ware-House; one other tobacco inspection to be established at the mouth of the Alatamaha, on the land of John [Illegible Text], to be known by the name of Darien Ware-House; and that one other

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tobacco inspection be established at the long bluff on the Oconee river, in the county of Washington, to be called the Long Bluff Ware-House; all of which shall be subject to such rules and regulations as other ware houses established by law. And whereas the increasing value of the lands in Savannah renders it impossible for any person or company to erect a ware house for the purpose of [Illegible Text] and inspecting tobacco, at the present rates of storage; SECT. 2. Be it therefore enacted, That the rates of storage at the Ware-House erected or to be erected in the said city, be fifty cents per hogshead. And whereas it is represented to the present General Assembly, that many of the citizens of Elbert, Oglethorpe, Wilkes, Jackson, and Frankin, are improperly and unjustly restrained from partaking of the advantages and benefits which nature has ordained and granted them, by a number of persons, whose interest it has become to obstruct and hinder the passage of fish up the Broad river, by stopping the current and stream; being in divers places by fish-dams and traps, so as really to become a monopoly to individuals, and detrimental to the inhabitants bordering on the said river; SECT. 3. Be it therefore enacted, by the authority aforesaid. That all and every person or persons shall be obliged and compelled to leave at least one fourth part of [Illegible Text] main channel of the said Broad river clear of all and every incumbrance whatsoever, except

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its natural obstructions, under the penalty of one hundred dollars for every day, any such artificial impediments now in the meaning of this act remains unremoved, three fourths thereof to any person or persons, who shall inform, prosecute and convict the offender; the other fourth to the use of the fund for opening and improving the navigation of the said river: Provided, That no penalty imposed by this act shall take place prior to the twenty-fifth day of February next. SECT. 4. And be it further enacted, That all that part of Broad river commonly called the middle river, running between Coleman's and Anthony's mill-dams, shall, before and after its junction with either of the rivers on which the said mill-dams are erected, be, and is hereby declared to be a free passage for fish up the said river, and to be clear of all and every obstruction whatever, to the final junction of all its parts with the main river aforesaid and to the mouth thereof. And whereas diverse persons inhabitants of the counties aforesaid, have already subscribed considerable sums for the purpose of opening Broad river, from the fork thereof to Petersburgh, and others will it is expected willingly subscribe to so valuable an object. SECT. 5. Be it therefore enacted, That on the first day of May next, the subscribers that then may be are hereby authorized to meet, and from their own body choose or elect five persons to act [Illegible Text] commissioners and agents to contract with any

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person or persons, and at their discretion super-intend the carrying the work of opening the said river out of the funds that then may be in hand, and annually to renew the collections as they judge advisable; and the said superintendants or agents, shall keep regular and distinct accounts of all monies expended by them in carrying on the said work, which shall be submitted to the general and annual meeting of the subscribers to the fund. Provided, That nothing herein contained shall in any manner authorize the said superintendants or agents for clearing and improving the navigation of the river aforesaid, to injure, impair or disturb either of the mills or dams belonging to the said Coleman and Anthony: And provided, That [Illegible Text] said dams shall not extend into the said river [Illegible Text] than the islands to which such dams are respectively joined. SECT. 6. And be it further enacted, That in case any person or persons shall fell any trees, erect dams, or in any other manner injure or prejudice the navigation of the said river when opened or improved, any such person so offending, shall forfeit and pay the sum of one hundred dollars for every day such obstructions shall remain unremoved; three fourths thereof to the use of any person or persons informing, and prosecuting to conviction the offender, the other part to the use of [Illegible Text] fund for opening the navigation aforesaid, to be recovered in any court having cognizance thereof.

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SECT. 7. And be it further [Illegible Text], That from and after the passing of this act, it shall not be lawful for any person or persons to stop or keep stopped the main sluices of the Oconee river, from the Rocklanding up to the fork of the Appalachie and Oconee rivers, nor up the said river Oconee to the confluence of the two branches thereof called the north and middle forks, up the main river to the mulberry fork, and up the north fork to the cedarshoals, and up the said river Appalachie to the high shoals; but the same is hereby declared to be at [Illegible Text] one fourth part thereof including the main channel, a free passage up the said rivers for [Illegible Text], nor shall any person or persons, under the penalty of one hundred dollars per day, stop or cause to be stopped more than three [Illegible Text] of any part or parts of the rivers aforesaid, by fish dams or other obstructions whatever, to be recovered in any court of record having cognizance thereof. And that the judges of the inferior court of each county, be authorized to appoint commissioners to keep open the said rivers, any law to the contrary notwithstanding. DAVID MERIWETHER, speaker of the Housse of Representatives. ROBERT WALTON, President of the fenate. JAS. JACKSON, GOVERNOR. Assented to, February 15, 1799.

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An act to alter and amend an act, entitled, An act to render more safe and expeditious the navigation from the river Alatamaha to the town of Brunswick, and for other purposes therein mentioned. WHEREAS the above recited act hath been found by experience to be insufficient and of no effect, in as much as it requires the commissioners of the roads of the county of Bryan to keep in repair the bridge which is laid over the river Ogeechee, between the counties of Bryan and Chatham in cafe the owners of the said bridge shall refuse or neglect to repair the same when necessary, but hath not empowered the said commissioners to issue executions to satisfy the sum or sums necessary for the purpose aforesaid, SECT. 1. Be it therefore enacted by the Senate and House of [Illegible Text] of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That whenever the said bridge shall be in such a condition as to expose passengers, or others, or their property, to injury or damage, or to obstruct or cause delay to vessels passing up or down the said river, the commissioners of the roads of the county of Bryan or either of them shall give notice thereof, and of the repairs which may be necessary to one of the owners

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of the said bridge or his or their executor or administrator, or one of them, or the agent or attorney of the owners thereof; and if in the course of thirty days after such notice the repairs are not done, that then it shall and may be lawful for the said commissioners or a majority of them, and they are hereby empowered and required to have made such repairs, and to furnish an account thereof, to the owner of said bridge or person receiving the toll thereof, requiring him, her or them to pay the amount thereof, and if failure should be made, in payment, for the space of thirty days, it shall be the duty of the said commissioners or a majority of them to issue execution for the same, or a warrant of distress, and order sale of the goods and chattels, lands and tenements, of the owner or owners of said bridge which execution shall be signed by a majority of the said commissioners, and directed to the sheriff of the said counties of Bryan or Chatham, or any constable of the counties aforesaid, whose duty it shall be to execute the same, notice thereof being first given as required by law in sheriff's sales for like property, and return the amount of sales to the commissioners, to be applied first to discharging the sums due for repairing the bridge aforesaid, and the balance if any, to be paid over to the owner of the aforesaid bridge. SECT. 2. And be it further enacted, That the said commissioners shall annually make return to the justices

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of the inferior court of Bryan county, on their proceedings relative to the said bridge. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAS. JACKSON, GOVERNOR. Assented to, February 15, 1799, An act to confirm and make valid all titles to certain Lots, sold by the Commissioners of the town of Louisville. SECT. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That in all cases where lots have been sold by any former commissioners of the town of Louisville, and titles have not been made and executed, it shall and may be lawful, and the commissioners herein after named or a majority thereof are vested with full power and authority to make and execute titles in fee-simple to such purchasers or their legal representatives, for the lot or lots in such situation. SECT. 2. Be it further enacted, That Michael Shellman, Zachariah Lamar, and Daniel Sturges, be, and they are hereby appointed Commissioners of

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the Town of Louisville, vested with full power and authority to carry this act into full effect. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAS. JACKSON, GOVERNOR. Assented to, February 15, 1799. An act to establish a Town in the [Illegible Text] of [Illegible Text]. SECT. 1. BE it enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General Assembly met, and it is hereby [Illegible Text] by the authority of the same, That all that tract of land which was conveyed by Solomon Gross, Esquire, to the inferior court of Scriven county for public purposes, containing fifty acres, on the waters of Beaverdam creek, (it being the [Illegible Text] of the public buildings in the said county) shall be and the same is hereby confirmed as the seat of public buildings of Scriven county and shall in future be known by the name of the town of Jacksonsborough. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAS. JACKSON, GOVERNOR. Assented to, February 16, 1799.

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An act for incorporating, the Medway and Newport Library [Illegible Text] of Liberty county. WHEREAS a Library society has for many years past been established in Liberty county and known by the name of the Medway and Newport Library Society. SECT. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas Stevens, Peter Winn and James M'Cullough, and their successors in office, shall be, and they are hereby declared to be a body corporate, by the name and stile of the Medway and Newport [Illegible Text] Society. SECT. 2. And be it further enacted by the authority aforesaid, That the said Thomas Stephens, Peter Winn and [Illegible Text] M'Cullough as aforesaid, and their [Illegible Text] in office, shall be invested with all manner of [Illegible Text], both real and personal, all donations, [Illegible Text], grants, hereditaments, privileges and [Illegible Text], whatsoever, which may belong to the said Medway and Newport Library Society at the [Illegible Text] of passing this act, or which may hereafter [Illegible Text] made, conveyed or transferred to them or their [Illegible Text] in office, to have and to hold the same [Illegible Text] the proper use, benefit and behoof of the said [Illegible Text].

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SECT. 3. And also, That the said Trustees and their successors in office, shall be and they are hereby declared to be capable of suing and being sued, impleading and being impleaded, and of using all necessary and legal steps for recovering or defending any property whatever, which the said society may hold, claim or demand; and also for recovering the rents, issues, fines and profits of the same, or any part or parcel thereof. SECT. 4. And be it further enacted by the authority aforesaid That the Trustees of the said Medway and Newport Library Society, shall hold their office for the term of one year, and that on the first Wednesday of March in every year after the passing of this act, the members of the said society, shall [Illegible Text] at the place that may be appointed by the Trustees aforesaid, or their successors in office, and there between the hours of ten and four, [Illegible Text] from among the members of the said society, three discreet and proper persons as Trustees of the same, and choose on the same day all necessary officers for the said society who shall hold their office for the term of one year, as aforesaid, with the same powers and for the said purposes as above declared. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAS. JACKSON, GOVERNOR. Assented to, February 7, 1799,

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An act to repeal an act, entitled, An act for inflicting penalties on certain persons therein named, so far as it respects the banishment of John Johnson. SECT. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the act, entitled, an act for inflicting penalties on and [Illegible Text] the estates of such persons as are therein declared guilty of treason, and for other purposes therein mentioned, passed the fourth day of May, one thousand seven hundred and eighty two, so far as it respects the banishment only of the person of JOHN JOHNSON, be, and the same is hereby repealed. DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAS. JACKSON, GOVERNOR. Assented to, February 7, 1799.

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An act to manumit and exempt from certain penalties, Silvia, and her [Illegible Text] David, now the property of Joseph Gabriel Posner. WHEREAS Joseph Gabriel Posner, hath by his petition presented to this present General Assembly, prayed that SILVIA, a woman of color, and DAVID her son, the property of the said Joseph Gabriel Posner, should be manumited and discharged from slavery: SECT. 1. Be it enacted by the Senate and [Illegible Text] of [Illegible Text] of the State of Georgia, in General Assembly met, That from and after the passing of this act the said Silvia and David shall be and they are hereby declared to be manumitted and made free, and be thereafter utterly, clearly and fully discharged from slavery, as if the said Silvia and David had been born free. SECT. 2. And be it further enacted, That if it shall so happen that the said Silvia or David should be charged or accused of any offence or crime whatsoever, the said Silvia or David shall be tried for such offence, in the same manner, and be entitled to the same defence, in the courts of this state, as allowed to free white persons in like cases.

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DAVID MERIWETHER, speaker of the House of Representatives. ROBERT WALTON, President of the senate. JAs. JACKSON, GOVERNOR. Assented to, February 9, 1799, Concurred Resolution respecting the act to carry into effect the twenty fourth section of the first article of the Constitution. IN SENATE, 16th February, 1799. RESOLVED, That it is the sense of this Legislature that the true meaning of the blank left in the order required to be given by the Governor on the Treasurer or receiving his certificate as pointed out by the act passed the present session, entitled, an act to carry into effect the twenty fourth section of the first article of the Constitution, was to have inserted therein the date of such certificate and the amount specified in the same as deposited by the pretended companies, or other persons therein comprehended and that the Governor be and he is hereby deemed authorized to insert or fill in the same as the true meaning and intention thereof. Test, WILLIAM ROBERTSON, Sec'ry.

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CONCURRED in the HOUSE OF REPRESENTATIVES 16th February, 1799. Test, HINES HOLT, Clerk. DAVID MERIWETHER, speaker of [Illegible Text] House of Representatives. ROBERT WALTON, President of [Illegible Text] senate. JAS. JACKSON, GOVERNOR. Approved, February 16, 1799,

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: PASSED AT LOUISVILLE, IN NOVEMBER AND DECEMBER, 1799. AUGUSTA: PRINTED BY JOHN E. SMITH, PRINTER TO THE STATE. MDCCC.

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AN ACT To carry into effect the twelfth section of the fourth article of the Constitution. ACTS OF THE STATE OF GEORGIA. Section I. BE it enacted, That if any person or persons whosoever, shall be charged with the offence of wilfully and maliciously [Illegible Text] or maiming any slave or slaves, he, [Illegible Text] or they shall be prosecuted by indictment exhibited against him, her or them, in the superior [Illegible Text] of the county within which such offence may have been committed, in the same manner, [Illegible Text] if the like offence had been committed on a free white person; and the same mode of trial, [Illegible Text] rules of evidence, shall obtain; and upon [Illegible Text] of any such offence, the same punishment shall be inflicted, or fine imposed, as by [Illegible Text] would ensue, if the like offence or offences had [Illegible Text] committed on a free white person, except in [Illegible Text] of insurrection by such slave, and unless such [Illegible Text] or dismembering should happen by accident,

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in giving such slave moderate correction. Sec. 2. And be it further enacted, That if any person or persons whomsoever, shall maliciously deprive a slave or slaves of life, he, she or they so offending, shall be prosecuted by indictment in the superior court of the county in which such offence may have been committed, in like manner as if the person or persons charged had perpetrated a like offence, on any free white person or persons whomsoever; and on all such trials, the same rules of law and evidence shall obtain, as on other trials for murder. And if upon trial for such offence, any person or persons shall be found guilty of murder, he, she or they, shall suffer such punishment as would be inflicted, in case the like offence had been committed on a free white person; that is to say, shall be hanged without the benefit of clergy: And if found guilty of manslaughter, shall be punished by branding, in like manner as is usual in cases where any person or persons is or are convicted of manslaughter committed on a free white person or persons; except in case of insurrection by such slave, and unless such death should happen by accident, in giving such slave moderate correction. Sec. 3. And be it further enacted, That in all prosecutions for offences of this nature, committed by any white person or persons upon any slave or slaves, it shall be the duty of the solicitor or attorney general, preferring and prosecuting such indictment or indictments, to charge the offence or offences to be contrary to the constitution and act of the general assembly of this state, in such case made and provided: And the judge or judges presiding on the trial or trials of such offender or offenders, shall be bound, upon conviction by

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a jury, to pronounce sentence in like manner, as if the like offence had been committed on a free white person, so that such offender or offenders may be punished, according to the true intent and meaning of the twelfth section of the fourth article of the constitution and of this law. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 2, 1799. AN ACT To admit James Stewart and Judy Eltoft, free persons of colour, to the privileges of Citizens of this State, as far as is therein expressed. Section I. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and after the passing of this act the aforesaid James Stewart of the county of Burke, be, and he is hereby vested with and entitled to all the rights, privileges and immunities belonging to a free citizen of this state: Provided nevertheless, That nothing herein contained shall extend, or be construed to extend, to entitle the said James Stewart to serve in the capacity of a juror in any cause whatever, nor to render him a competent witness in any cause or case where the personal rights or property of any white person are or is concerned; nor to entitle the said James Stewart to vote at elections, nor to have or hold,

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directly or indirectly, any office of trust or emolument, civil or military, within this state. AND WHEREAS AS Judy Eltoft, a free person of colour, has petitioned this Legislature to be made a free citizen of this state. Sec. 2. Be it therefore enacted, That the said Judy Eltoft, of the county of Richmond, be and she is hereby vested with, and entitled to all the rights, privileges and immunities belonging to a free citizen of this state; with this exception, that she shall not be a competent witness in any cause where the personal rights or property of any white person may be concerned. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 2, 1799. AN ACT For establishing a Ware-House on the Land of Claiborn Webb, on Broad River; and one other Ware-House on the Land of John Willhight, in the county of Elbert. Section I. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That there shall be a tobacco inspection established on the land of Claiborn Webb, on Broad river, which shall be known by the name of Webb's Ware-House. Sect. 2. And that one other tobacco inspection

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shall be established on the land of John Willhight, in the fork of Broad river, in the county of Elbert, to be known by the name of Willhight's Ware-House. Which ware-houses shall be subject to such rules and regulations, as other warehouses in this state, now are, or hereafter may be. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMAMUEL, President of the Senate. JAMES JACKSON, Governor. Assented to 30th November 1799. AN ACT Supplementary to an act entitled, An act to regulate the General Elections in this State, and to appoint the time of the meeting of the General Assembly; passed the eleventh day of February one thousand seven hundred and ninety-nine; and an act entitled, An act for the appointment of County Officers, passed the sixteenth day of February one thousand seven hundred and ninety-nine. Section I. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That in future, all elections shall [Illegible Text] by ballot, and the time of opening the elections [Illegible Text] senators and representatives of this state, [Illegible Text] be at the hour of seven o'clock in the morning; which election shall be kept open until the our of six o'clock in the afternoon, and [Illegible Text].

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Sec. 2. And be it further enacted, That in future, all elections for county officers, to wit, the clerks of the superior and inferior courts, sheriffs, coroners and county surveyors, shall be by the citizens of the respective counties, who are entitled by law to vote at elections for representatives or members of the legislature of this state; and shall be opened, conducted, and closed in the same manner, that elections are, for members of the legislature of this state. Sec. 3. And be it further enacted, That if a vacancy should take place in one of the aforesaid offices, it shall be the duty of the justices of the inferior court, or any two or more of them, to give notice in one or more of the public gazettes, or at the court-house, and three or more of the most public places in the county within which such vacancy may happen, twenty days previous to the election for filling up the said vacancy: And the person so chosen, shall continue in office, no longer than his predecessor would have done. And where any two or more candidates for any county office shall have the highest, and an equal number of votes, the presiding justices shall certify the same to his excellency the governor, who shall be, and he is hereby authorized, to appoint one of the persons so having an equality of votes. Sec. 4. And be it further enacted, That such part or parts of the aforesaid acts, as shall [Illegible Text] against this act, shall be and is hereby repealed. DAVID MERIWETHER, [Illegible Text] of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 4, 1799.

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AN ACT To extend and enlarge the jurisdiction of the Mayor and Aldermen of the city of Savannah; and to limit and define certain powers heretofore vested in the corporation of the city of Augusta. Section 1. BE it enacted, That from and immediately after the passing of this act, the court of the mayor and aldermen of the city of Savannah shall be, and they are hereby vested with full power and authority, to hear and determine all such civil cases as they have heretofore had cognizance of, where the debt, damages or cause of action, shall not exceed the sum of one hundred, nor be less than twenty dollars, in the same manner, and under the like rules and regulations, as have heretofore been used and practised in the said court of mayor and aldermen within the said city: Any former act or acts, limiting the jurisdiction of the said court to a less sum, to the contrary notwithstanding. Provided always, That in all cases above thirty dollars, either party may require a trial by a jury of twelve men, which [Illegible Text] be final, and in future all appeals in the said court shall be tried by a jury of twelve men; any [Illegible Text] in any former act to the contrary [Illegible Text]. Sec. 2. And be it further enacted, That the said mayor and aldermen shall have power to draw and [Illegible Text] jurors for the trial of all causes, who [Illegible Text] be resident within their jurisdiction, and shall be qualified, and liable to serve on petit juries; [Illegible Text] cause them to be summoned, and to fine them [Illegible Text] non-attendance or other misconduct, in such manner as they may think proper, not exceeding

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ten dollars; and shall have power to award execution for such fines, and cause the goods of the person incurring such fines, to be sold in virtue thereof. Sec. 3. And to limit and define certain powers heretofore vested in the corporation of the city of Augusta: Be it enacted by the authority aforesaid. That all monies to be hereafter raised by tax within the limits and jurisdiction of the corporation of the city of Augusta, for the purpose of improving and keeping in repair the public roads, streets and bridges within the same, shall be raised by equal tax, to be imposed on persons and property, that is to say, one half at least by assessment on all taxable property within three miles of the said city of Augusta, and the remainder on all persons heretofore liable by law to work on the public roads within the said limits: But no capitation tax shall ever be assessed or levied on the inhabitants of the said city under the authority of the said corporation, other than for the purposes herein expressed, and in no case hereafter, shall a sum exceeding one dollar per year be levied on any free person within the said limits. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President the Senate. JAMES JACKSON, Governor. Assented to December 4, 1799.

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AN ACT To authorize the Inferior Court of the county of Bryan, to lease the commons of Hardwicke, and the glebe land of the said county. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the inferior court of the county of Bryan be, and they are hereby authorized and empowered to lease, from time to time, for a term not exceeding seven [Illegible Text], the common of Hardwicke, and the glebe [Illegible Text] of the said county; and to apply the rents [Illegible Text] profits arising therefrom, to the repair and improvement of the roads and bridges in the said [Illegible Text], in such manner as they shall deem most expedient. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 4, 1799. AN ACT [Illegible Text] to an act, [Illegible Text], An act for altering the Great Seal of the State of Georgia, passed the eighth day of February, one thousand seven hundred and ninety-nine. WHEREAS it appears that so much of the second section of the before recited [Illegible Text], as are contained in the words following,

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to wit, That the other side contain three PILLARS supporting an ARCH, with the word CONSTITUTION, engraven within the same, emblematic of the Constitution supported by the three Departments of Government, viz, the Legislative, Judicial, and Executive---the first Pillar to have engraven on its base, WISDOM, the second JUSTICE, and the third MODERATION, could not be completely carried into execution, in as much as from examination of the size of the Great Seal established by the asoresaid act, an impression of these words, Wisdom, Justice and Moderation, engraven on the three aforesaid Pillars, would not be legible or intelligible. Sec. 1. Be it therefore enacted, That that part of the said before recited fection, to wit, the words, the first pillar engraven on its base Wisdom, the second Justice, and the third Moderation; be and the same is hereby repealed. And that the Great Seal, as now deposited and in operation in the secretary of state's office of this state, with the words, Wisdom, Justice and Moderation engraven in a wreath on the several pillars, emblematic of the several departments of the government, be and is hereby sanctioned, ratified and declared the Great Seal of the State of Georgia; and all grants, papers and documents to which the same has been affixed by order of the executive authority since the fourth day of July last past, the period when the former Great Seal by the aforesaid act ceased to be the Great Seal, and the new Great Seal was by the said act to be in operation, are hereby also fanctioned, ratified and declared to be as valid in all courts of law and equity as they possibly would, or could

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have been, had the words Wisdom, Justice, and Moderation been engraven on the base of the respective pillars agreeably to the directions of the said second section. WHEREAS there is now in the secretary of state's office a number of grants for land issued previous to the fourth day of July last past, which have not heretofore had the former Great Seal of the state affixed to them. Sec. 2. Be it therefore enacted, That the secretary of state shall affix the present Great Seal of this state, as declared by this act, to any grant or grants which have been issued for land under the authority of this state previous to the fourth day of July last, which have not heretofore had the former Great Seal of this state affixed to such grant or grants as aforesaid, which shall be held, deemed and considered valid in all courts of law and equity, any law to the contrary notwithstanding. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 5, 1799. AN ACT Further explaining and defining the duties and powers of the [Illegible Text] General. WHEREAS great abuses have arisen, and the state hath sustained many losses in the revenue, for the want of a proper officer to [Illegible Text]

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entrusted with the collection and care of public monies to account for the same: Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the comptroller-general shall, from and after the passing of this act, keep fair and accurate accounts, shewing the several appropriations of money; examine and cheque all governors, presidents and speakers warrants, and charge the amount thereof to the funds on which they may be respectively drawn previous to their being presented to the treasurer for payment; examine and correct all returns of taxable property; settle with the several tax collectors, and all other persons indebted to the state; and in all cases, where payments may be made at the treasury, give receipts for the same, founded on the treasurer's certificates; which certificates shall specially set forth the amount, on what account, and by whom paid, and be lodged as vouchers in the comptroller's office. Sec. 2. And be it further enacted by the authority aforesaid, That all the powers [Illegible Text] vested in the treasurer to enforce the collection of public monies shall be, and the same are hereby declared to be vested in the comptroller-general. AND WHEREAS there are still outstanding many certificates, land bounties and other evidences of debt, which have been issued in a vague and unguarded manner, and have not been renewed under proper cheques as required by an act passed at Louisville on the second of February, one thousand seven hundred and ninety-eight, For calling in the outstanding evidences of debts due from this state, and for issuing new ones in lieu thereof, under proper cheques and restrictions:

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Sec. 3. Be it therefore enacted by the authority aforesaid, That all certificates, land bounties, and other liquidated evidences of debt, specially designated in the said recited act, which shall not be renewed in manner and form therein prescribed within the term of two years from and after the passing of this act, shall from thenceforth be deemed fraudulent and for ever barred. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 5, 1799. AN ACT To give further time to the Officers of this State to take and subscribe the oath required by the act entitled, An act to compel all Officers, Civil and Military within this State, to take and [Illegible Text] an oath to support the Constitution thereof; passed the sixteenth day of February, one thousand seven hundred and ninety-nine. Section 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the civil, military, and all other officers of this state, who now are in commission, and have not heretofore taken and subscribed the oath required by the aforesaid act in terms thereof, shall nevertheless be permitted to hold, exercise and enjoy their respective appointments, until the first day of October next.

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Sec. 2. And be it further enacted, That if any of the officers of this state shall neglect or [Illegible Text] to take and subscribe the aforesaid oath in terms of this act, every such officer or officers shall, for such his neglect or refusal, be removed from office, as in cases of mal-practice or disobedience of orders. Sec. 3. And be it further enacted, That all civil officers hereafter to be appointed shall, before they enter on the duties of their respective appointments, take and subscribe the said oath, in addition to the oath of office; and all militia officers hereafter to be appointed, shall take and subscribe the same before the clerk of the superior or inferior court of the county, and obtain a certificate thereof, before such officer shall take any command by or under such appointment. Sec. 4. And be it further enacted, That all proceedings which have been had or obtained before any of the aforesaid officers who have not taken and subscribed the aforesaid oath, in terms of the said act, or that may in future be had and obtained before them or any of them, previous to the aforesaid first day of October next, shall be held, deemed and considered, to be as legal, as if such officer or officers had taken, and subscribed the aforesaid oath in terms of the said act. Sec. 5. And be it further enacted, That any part of parts of the aforesaid act, which may militate against this act, shall be and the same is hereby repealed. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. [Illegible Text] to December 5, 1799.

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AN ACT For the better regulating the admeasurement of Lumber within this State. WHEREAS it has been found by experience, that that part of the law, for appointing lumber measurers, will by no means answer the purpose intended by the legislature: Therefore Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and immediately after the passing of this act, all persons qualified to measure lumber, may admeasure and give certificates as is usual in such cases, and receive such compensation as shall be agreed upon by the seller, purchaser, and person measuring the same. AND WHEREAS raftmen and other persons have long been in the habit of taking up drifted lumber of all descriptions, and disposing of the same, and converting of the profits to their own use: Sec. 2. Therefore be it further enacted, That if any raftman, or men, or other person or persons shall attempt to dispose of any drifted lumber so taken up, by him or them within this state, shall be liable to pay a [Illegible Text] not exceeding five hundred dollars for every such offence, to be recovered in any court having jurisdiction of the same, one half for the benefit of the informer or prosecutor, and the remaining moiety to the use of the county wherein such offence shall be committed, or to be [Illegible Text] for a term not exceeding eight months. AND WHEREAS it has been a custom too long established in the city of Savannah, to purchase

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lumber of all descriptions of raftmen and other persons: Sec. 3. Therefore be it enacted, That from and immediately after the passing of this act, if any person or persons, in the city of Savannah or elsewhere, shall be detected in purchasing of lumber of the above description, except from factors or lumber cutters, he or they shall be liable to pay a fine not exceeding fifty dollars for each and every such offence, to be recovered in any [Illegible Text] having jurisdiction of the same, or to be imprisoned for a term not exceeding eight months. Provided nevertheless, That nothing contained in this act shall prevent, or be construed to prevent, raft hands or other persons, from taking up drifted lumber, and receiving a reasonable compensation from the owner or owners of such lumber, on their delivering the same to the rightful owner or to their factor. Sec. 4. And be it further enacted, That in all sea port towns in this state, where lumber is brought for exportation or otherwise, all hewed. pine timber, as well as scantling and boards, shall be admeasured, and the bills made out in superficial measurement; any law to the contrary notwithstanding. Sec. 5. And be it further enacted, That any inspector, who shall either admeasure or make out a bill not in conformity to this act, shall be liable to pay a fine, for every such offence, not exceeding thirty dollars, to be recovered in any court having jurisdiction of the same, one half for the benefit of the informer or prosecutor, and the remaining moiety for the use of the county wherein such offence shall be committed. Sec. 6. And be it further enacted, That all live

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[Illegible Text] and cedar timber shall be measured by the [Illegible Text] foot, and the measurers shall be allowed [Illegible Text] cents per thousand feet for measurement. Sec. 7. And be it further enacted, That after [Illegible Text] passing of this act, all inspectors of lumber [Illegible Text] be appointed by the legislature, who shall receive for every thousand feet of superficial lumber, twenty-five cents. Sec. 8. And be it further enacted, That all laws [Illegible Text] passed, so far as respects the admeasurement of lumber, are hereby repealed. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, [Illegible Text] of the Senate. JAMES JACKSON, Governor. [Illegible Text] to December 5, 1799. AN ACT To empower the [Illegible Text] of the Inferior Court of the county of Camden, or a majority of them, to appoint Inspectors of Cattle in said County. Section 1. Be it enacted, That it shall be the duty of the justices of the inferior [Illegible Text] of the county of Camden, to meet at the [Illegible Text] in said county, on the first Monday in February next, and there to appoint two fit and [Illegible Text] persons, to inspect all cattle which may be [Illegible Text] through or from the county of Camden to [Illegible Text] province of East-Florida, by taking the marks [Illegible Text] brands of each, and recording the same in a [Illegible Text] to be kept for that purpose by him. Sec. 2. And be it further enacted, That the

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owner or owners of said cattle shall pay to said inspector six and one-quarter cents for each head of cattle so inspected. Sec. 3. And be it also enacted, That any person or persons failing or neglecting to give information to the said inspector of his, her or their intention to drive cattle from this state to the province of East-Florida, and do actually drive the same without being inspected by the inspector or inspectors appointed by virtue of this act, shall forseit for each head ten dollars, to be recovered by action of debt in any court having cognizance of the same, the one half to the person informing, and the other part to the use of the county. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 5, 1799. AN ACT Securing to John King, his heirs and assigns, the exclusive right of erecting a toll bridge across [Illegible Text] creek. WHEREAS the situation of the present bridge over Ebenezer creek, a little above the town of Ebenezer, in the county of Essingham, is so much decayed that it is dangerous for waggons and other carriages to pass; and the road or causeway through the swamp of said creek requires considerable repairs; and as it is found by experience that the few inhabitants who are required

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to work on the part of the road in which said bridge and caufeway is in; are incompetent to keep the same in repair: Section I. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That John King, his heirs or assigns, shall be bound to erect a bridge, in a complete and substantial manner, at least twenty feet in width, with railing on each side, at or near the place where the present bridge now stands, capable of sustaining or passing all carriages of common use; which bridge shall be so constructed as not to impede, or otherwise obstruct, the navigation of said creek: Provided, the same is built on or before the first day of July next, and rebuilt when necessary, and keep the same and the causeway through the said swamp in good repair. Sec. 2. And be it further enacted, That whenever the said bridge or causeway, shall be in such condition as to expose passengers or their property to injury or damage, or to obstruct the navigation of the said creek, the justices of the inferior court of the county of Essingham, or any three of them, shall give notice thereof, and the repairs which may be necessary, to the proprietor or proprietors of the said bridge: and if in the course of thirty days after such notice, the said repairs are not made, then it shall and may be lawful for the said justices of the inferior court, or a majority of them, to cause such repairs to be made, and to furnish an account thereof to the said proprietor or proprietors, their agent, executor or administrator, requiring him, her or them, to pay the amount thereof; and if failure shall be made in the payment of such amount, for the space of ten days

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after such notice, the said justices of the inferior court, or a majority of them, shall and may issue their execution, directed to the sheriff or constable, and which shall be levied on the estate either real or personal of the said proprietor or proprietors, for the amount of such repairs. Sec. 3. And be it further enacted by the authority aforesaid, That the said John King, his heirs or assigns, shall hold the said bridge, and all the profits arising therefrom, for thirty years; and be entitled to receive, and may lawfully demand, as soon as said bridge is built as aforesaid, the following toll: Dolls. Cts. For every waggon drawn by four horses 0 50 For all other four wheel carriages 0 50 For all two wheel carriages 0 25 For a rolling hogshead 0 25 For man and horse 0 12 For all black cattle per head 0 3 For all hogs, sheep and goats 0 1 For every single horse 0 6 Sec. 4. And be it further enacted, That no public bridge or ferry shall be permitted to be established within five miles of said bridge during the right of said King, his heirs or assigns, to the privileges hereby vested in and confirmed to him. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 5, 1799.

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AN ACT To manumit certain persons therein named. WHEREAS James King, late of the city of Charleston, deceased, did by his last will and testament, bearing date the twenty-sixth day of March, in the year of our Lord one thousand seven hundred and ninety-seven, direct his executors therein named to take care of, and manumit as soon as possible, his two negroes Lewis and China. AND WHEREAS Alexander King and Joshua Moore, the executors named in the said last will and testament of the said James King, have by petition applied to the present legislature, praying that the benevolent intentions of the said James King towards the said negroes be carried into effect: Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the said negroes Lewis and China be, and they are hereby manumitted and made free, and they are hereby entitled to the same privileges and immunities as if they had been born free. AND WHEREAS Ezekiel Hudnall has by his [Illegible Text] prayed the legislature to manumit the following slaves: Bridget Waters and her children, Leviny, Nancy, Daniel and Syrus. Sec. 2. Be it enacted, That the said Bridget, Leviny, Nancy, Daniel and Syrus shall be, and [Illegible Text] are hereby declared to be free and manumitted according to the prayer of the said petition. AND WHEREAS it appears to this present general assembly that a certain Harry M'Clendon,

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formerly the property of Jacob M'Clendon, and Rose his wife, formerly the property of Andrew M'Lean, have purchased their freedom, together with the freedom of their children, of and from their former owners, and have prayed that their freedom, as purchased, be secured by law. Sec. 3. Be it further enacted, That the said Harry, Rose and their children Betsy and Kesiah, be and they are hereby declared to be free. Sec. 4. Provided always, and be it further enacted, That nothing in this act contained shall be construed to give any person herein manumitted, any privileges except such as free people of color are entitled to by the laws of this state. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 5, 1799. AN ACT To regulate the pilotage of vessels to and from [Illegible Text] several ports of this state. WHEREAS it is highly necessary for the [Illegible Text] of all ships and vessels bound inward [Illegible Text] and outward from the several ports of this [Illegible Text] that there should be a sufficient number of [Illegible Text] and able pilots constituted and appointed for [Illegible Text] bringing in and carrying out the same; for [Illegible Text] more expeditious and effectual performance [Illegible Text] which, Section 1. Be it enacted by the Senate and [Illegible Text]

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of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the several persons herein after named, be commissioners for the regulation of pilots, rates and all matters relating to the pilotage for the ports herein after mentioned, viz: For the bar of Tybee and river Savannah, and for the several bars and inlets lying to the northward of St. Catharine's bar, Richard Wayne, who is already a commissioner, and James Robertson, in the room of George Parker, deceased, Alexander Watt, William Hunter, and William Belcher: For the bar of St. Catharine's and river Midway, and for the several bars and inlets to the southward of St. Catherine's bar, as far as Turtle river, John Lawson, sen. Adam Alexander, Alexander Forrester, James Montfort and John Cooper, of St. Simons': And for the bar of St. Mary's and for all the bars and inlets north of the said river to Turtle river, James Seagrove, Thomas King, William Johnson, Harrison Carter, and Phineas Miller: Three of each respectively are hereby declared to be a quorum, and who are hereby empowered to nominate, appoint and license such person or persons as they shall think to be most fit and competent to act as pilots for the conducting of vessels inward to and outward from the several ports for which they shall be licensed during their good behaviour severally and respectively. And if there shall happen to be a deficiency of the said number of five commissioners respectively, by death, resignation or departure out of this state, the surviving or remaining number, in such case, shall apply to the governor or commander in chief for the time being, who is hereby empowered to appoint a new commissioner or commissioners, to

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fill any vacancy that shall so happen, and so on from time to time, and at all times hereafter, whensoever there shall be a deficiency of the said number of five commissioners for each district. Sec. 2. And be it further enacted by the authority aforesaid, That from and after the passing of this act, no person shall be entitled to receive any fee, gratuity or reward, for conducting or piloting any vessel inwards to, or outwards from, any of the ports or harbors for which a pilot shall be licensed, unless such person is properly nominated, appointed and licensed by the commissioners of the port where such vessel is bound to or going from; and that no person may meddle, interfere or disturb the licensed pilots in the way of their duty. Sec. 3. Be it further enacted by the authority aforesaid, That any person or persons acting, or pretending to act, as a pilot or pilots, without having proper authority from the commissioners aforesaid, shall, for every such offence, be subject to a fine not exceeding one hundred dollars at the discretion of the commissioners of the port, or a majority of them, who are hereby authorised to assess such fine, and enforce the payment or imprisonment of the party offending, in the same manner and time as is hereafter pointed out for recovering fines from pilots or masters of vessels, not willing to abide by the award or decree of the commissioners of pilotage; any law, custom or usage, to the contrary of this act notwithstanding. Sec. 4. And be it further enacted by the authority aforesaid, That every pilot or pilots warranted, or to be warranted or licensed as aforesaid, shall enter into bond with the commissioners of pilotage, with two or more sureties, in the penalty

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of two thousand dollars to his excellency the governor and his successors, for the due execution of-their office, and shall take and subscribe the following oath to be tendered by the said commissioners, or any quorum of them, for the time being, before the said pilot or pilots shall be entitled to receive any fee or reward in that capacity, viz. I A. B. appointed pilot for the port of do solemnly and sincerely swear, that I will well and truly execute, and discharge the business and duty of a pilot in the said port and harbour of according to the best of my skill and knowledge; and that I will at all times, wind and weather permitting, use my best endeavors to repair on board all ships and vessels that I shall conceive to be bound for, coming into, or going out of the said port or harbour of that appears to want a pilot, and do further swear that I will from time to time, and at all times, make the best dispatch in my power to carry safely out on bring over the [Illegible Text] and to the place of discharge, every ship or vessel committed to my care, and that I will, from time to time, truly observe, fulfil, and follow to the best of my skill, ability and knowledge, all such orders as I shall, from time to time, receive from the commissioners of pilotage, or the major part of them, in all matters and things relating to the business of a pilot. Sec. 4. And be it enacted by the authority aforesaid, That in case any damage, dispute, complaint or difference shall happen or arise or be made against or between any master of pilot for, of, or concerning the pilotage of any ship or vessel or any other matter incident or relative to the business or care of a pilot in any of the said harbours, all such damages, disputes, complaints,

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differences (where the claim does not exceed one hundred dollars) are hereby ordered to be heard and determined by the commissioners, or a majority of them, appointed for the care of the pilotage where such damage or dispute shall happen, who by their decree, arbitrament or order, shall and may lawfully decide, adjust and regulate every such damage, dispute, complaint or difference: And if either of the said parties, master or pilot, shall refuse to abide by, fulfil or perform the decree or order or other adjudication of the said commissioners, or a majority of them, who shall hear and determine the same, the party so refusing shall be subject, in addition to the former award, to the penalty of not exceeding one hundred dollars, as the said commissioners or a majority of them shall think proper to adjudge; the whole to be levied by warrant of distress, under the hand and seal of the said commissioners, or any three of them, and sale of the offender's goods, and such part of the said award and penalty so inflicted, and recovered as the commissioners inflicting the same, shall think reasonable, to satisfy any damage the party aggrieved shall suffer by such neglect, act, matter or thing as aforesaid, shall be paid to the party aggrieved, and the remainder be applied for improving the navigation of the port and harbour where such penalty is recovered. And in case of default of payment of such award and penalty, and no property to be found belonging to the party offending, then, and in that case, an attachment shall go in like manner, under the hand and seal of the said commissioners or any three of them, against the person of the party so refusing, who is hereby to be kept in prison, for a term not exceeding six months, without bail or

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main prize. Any thing in this or any former act to the contrary notwithstanding. Sec. 6. And be it further enacted by the authority aforesaid, That if any ship or vessel whatsoever, or the cargo and freight therein contained, shall happen to receive any damage or miscarriage, or be lost through the neglect, insufficiency or default of, or in any of the pilots, for any of the said harbours after such pilot takes charge of the same, and the claim exceeds one hundred dollars, the said pilot shall in such case, on conviction thereof, in any court of record in this state, be obliged to answer and make good to the sufferers or to the master of such ship or vessel, all and every the damages and losses which he or they shall sustain through the said pilot's neglect or default in any manner or wife whatsoever. Sec. 7. And be it further enacted by the authority aforesaid, That if any of the pilots for the ports aforesaid for the time being shall be found not sufficiently skilled, or shall become incapable of acting, or shall be negligent, or misbehave in his duty towards the commissioners or any one of them, then and in such case, the commissioners of the port or harbour for which such pilot is licensed, shall annual or revoke, the warrant or license of every such incapable or offending pilot, who shall thenceforth be totally suspended and deemed incapable to receive and take any fee, gratuity or reward, for the guiding or piloting of any ship or vessel inward to, or outward from, any of the said ports: And if such suspended pilot shall, under any pretence whatever, pilot or attempt to pilot, any ship or vessel inwards to, or outward from any of the aforesaid ports, he shall, on due proof thereof, before the commissioners or

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a majority of them, be subject to a fine for every such offence, not exceeding one hundred dollars. Sec. 8. And be it further enacted by the authority aforesaid, That any person, master or commander, that shall bring any ship or vessel to any of the bars or the coast of any of the said harbours, and shall refuse to receive on board any warranted or licensed pilot, the said person, master or commander so refusing, and afterwards bringing in the said ship or vessel into any of the ports aforesaid, shall and is hereby made liable to pay the pilot first offering to come on board such ship or vessel without the bar to take charge thereof as pilot, the same rates, dues and payments as are hereinafter particularly expressed and provided, and to be paid in the same manner as if the said pilot had actually piloted the same ship or vessel into any of the said ports or harbours. Sec. 9. And be it further enacted by the authority aforesaid, That the master or commander of any ship or vessel, for the consideration of the pilotage of the said ship or vessel inward to, or outward from any of the ports or harbours aforesaid, shall pay unto the licensed pilot that shall take charge of the same, the several sum and sums of money, rates and prices, as are established by the board of commissioners as full and ample satisfaction unto the said pilot for his care and charge in bringing in or carrying out every such ship or vessel, and if any licensed pilot shall ask or demand more fees for his services than is specified in the rates of pilotage, on due proof thereof before the commissiners, or a majority of them, he shall forfeit double the amount of such vessel's pilotage. Sec. 10. And be it further enacted by the authority aforesaid, To encourage as much as may be,

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pilots to attend the bars, that all and every licensed pilot bringing any vessel safe from sea, shall have the preference of bringing such ship or vessel up and down the river and to sea again; Provided, they give their attendance and are duly qualified. And if any master or owner of any vessel in the port employ any other pilot to carry his vessel down the river or to sea, but the pilot who brought her in, or one belonging to the same boat, unless good and sufficient cause shall appear therefor, on due proof thereof before the commissioners, shall be liable to a fine not exceeding one hundred dollars, one half to the pilot claiming the pilotage of the vessel; but should such pilot neglect or refuse to attend and carry down said ship or vessel when ready for sea (wind, weather and tide permitting) and thereunto required by the master, owner or consignee, shall, on conviction thereof before the board of commissioners, forfeit the upper pilotage of said vessel, and be liable to a like fine not exceeding one hundred dollars: And every pilot acting on board any such vessel where he has no right, shall be liable to the same penalty, provided the commissioners have not sufficient evidence of the necessity of his acting. Sec. 11. And be it enacted by the authority aforesaid, That all and every pilot in any of the harbours aforesaid, when he has brought any ship or vessel to anchor in any of the aforesaid harbours, shall and is hereby directed and required, to moor such ship or vessel, or to give proper directions for the mooring of the same, and for their safe riding at such moorings. Sec. 12. And be it further enacted by the authority aforesaid, That if any pilot or pilots belonging to any port in this state, shall meet at sea with

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any vessel or vessels bound to another port within the same, such pilot or pilots shall, if capable and thereunto required, take charge of, and pilot the same into such port, and shall be paid two dollars per day for every day such pilot shall be on board such vessel at sea without the bar, over and above the usual rates of pilotage, and no other pilot shall interfere while the first is willing to continue his services. Sec. 13. And be it further enacted by the authority aforesaid, That all vessels entering and clearing within this state, shall pay the several rates of pilotage, if a licensed pilot is offered, except the constant coasting vessels to and from Charleston; and they shall pay half pilotage up if a pilot is offered without the bar, if they take no pilot; and whole pilotage if they take one; any law, custom or usage to the contrary notwithstanding: But vessels coasting from one port to another within the state, shall not be liable to pay pilotage, unless a pilot is required to act on board. Sec. 14. And be it further enacted by the authority aforesaid, That all fines or parts of fines, that may be recovered under this act, and shall not be awarded by the commissioners to the party complaining, shall go to the fund for improving the navigation of the port. AND WHEREAS there has been instances of captains of vessels refusing to pay the pilots agreeable to rates after getting to sea, in which case the said pilots have no remedy: Sec. 15. Be it further enacted, That the captains of such vessels, as have no owner or consignee in port, shall be obliged, if requested by the pilot acting on board, to give security for the faithful payment of the pilotage before said vessel leaves such port.

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Sec. 16. And be it further enacted by the authority aforesaid, That if any person or persons authorized to carry this act into execution, shall be sued or prosecuted for any matter or thing to be done in pursuance thereof, it shall and may be lawful for such person or persons to plead the general issue, and give this act, and the special matter, in evidence. Sec. 17. And be it further enacted by the authority aforesaid, That all former acts respecting the regulations of pilots and pilotage, are hereby repealed. DAVID MERIWETHER, Speaker of the House of [Illegible Text]. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 6, 1799. AN ACT To raise a tax for the support of government for the year one thousand eight hundred. Section I. BE it enacted by the Senate and House of Representutives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority thereof, That a tax of thirty-five cents for every hundred dollars value on all lands within this state, granted to or surveyed for any person, as such lands shall be estimated at, shall be levied on the same, in the following mode, to wit, All tide [Illegible Text] (cultivated or uncultivated) including islands, of the first quality, at ten dollars

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thirty-nine cents per acre; of the second quality at six dollars forty-three cents per acre; and of the third quality at one dollar seventy-seven cents per acre. All pine lands adjoining such tide swamp lands, or contiguous thereto, and within three miles of water carriage, at one dollar sixty-one cents per acre; all prime or inland swamps (cultivated or uncultivated) of the first quality, at an average of seven dollars seventeen cents per acre; of the second quality, at three dollars ninety-seven cents per acre; of the third quality, at one dollar sixty-two cents per acre. All pine barren lands adjoining or contiguous thereto, at forty-three cents per acre. All salt marsh, at forty-three cents per acre. All high river swamp and low grounds (cultivated or uncultivated) including islands, including such as are commonly called second low grounds, lying above Abercorn creek, and as high as the mouth of M`Bean's creek, on Savannah river, of the first quality, at five dollars thirty-six cents per acre; of the second quality, at three dollars twenty-two cents per acre; and of the third quality, at one dollar and sixty-one cents per acre. All high river swamp as aforesaid, lying above M`Bean's creek, and as high as the mouth of Rae's creek, of the first quality, at eight dollars three cents per acre; of the second quality, at five dollars thirty-six cents per acre, and of the third quality, at two dollars thirty-five cents per acre. All high river swamps as aforesaid, lying from the mouth of Rae's creek to the mouth of Broad river, on Savannah river, of the first quality, at four dollars eighteen cents per acre; of the second

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quality, at two dollars thirty-five cents per acre, and of the third quality, at seventy-five cents per acre. All oak and hickory lands, (cultivated or uncultivated) including islands, from the mouth of Rae's creek to the mouth of Broad river, and within one mile of Savannah river, of the first quality, at one dollar sixty-one cents per acre; of the second quality, at seventy-five cents per acre, and of the third quality, at forty-three cents per acre. All oak and hickory lands, including islands, (cultivated or uncultivated) from the mouth of Broad river up the Savannah river, and within one mile of the same, and up Tugaloe river to the marked line on said stream, of the first quality, at one dollar eighteen cents per acre; of the second quality, at sixty-eight cents per acre, and of the third quality, at thirty-one cents per acre. All oak and hickory lands, including islands, (cultivated or uncultivated) from the mouth of Broad river to the marked line on the head thereof, of the first quality, at one dollar eighteen cents per acre; of the second quality, at sixty-eight cents per acre, and of the third quality, at thirty-one cents per acre. All high river swamp or low grounds, including islands, (cultivated or uncultivated) from fort Argyle to the mouth of Buck-head creek, on Ogechee river, of the first quality, at two dollars three cents per acre; of the second quality, at one dollar eighteen cents per acre, and of the third quality, at forty-three cents per acre. All oak and hickory lands as aforesaid, from the mouth of Buck-head creek, to the head of Ogechee river, of the first [Illegible Text] at one dollar

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sixty-one cents per acre; of the second quality, at seventy-five cents per acre, and of the third quality, at forty-three cents per acre. All high river swamp or low grounds, including islands (cultivated or uncultivated) from the mouth of Buck-head creek, to the head of Ogechee river, of the first quality, at one dollar sixty-one cents per acre; of the second quality, at seventy-five cents per acre, and of the third quality, at forty-three cents per acre. All high river swamp (cultivated or uncultivated) including islands, from Cathead, on the river Alatamaha, to the mouth of the Oconee river, of the first quality, at two dollars thirty-five cents per acre; of the second quality, at one dollar eighteen cents per acre, and of the third quality, at forty-three cents per acre. All high river swamp or low grounds as aforesaid, from the mouth of the Oconee river, along the northern stream on the north side of the Indian temporary line, to the confluence of the Oconee and Appalachee, or South fork, of the first quality, at three dollars twenty-two cents per acre; of the second quality, at one dolalr sixty-one cents per acre; of the third quality, at forty-three cents per acre. All river swamp as aforesaid, from the confluence of Oconee and Appalachee rivers, upwards on the north side of the Indian temporary line, of the first quality, at two dollars fifteen cents per acre; of the second quality, at one dollar thirty cents per acre, and of the third quality, at seventy-five cents per acre. All oak and hickory lands throughout this state, of the first quality, at one dollar and eighteen cents per acre; of the second quality, at sixty-eight

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cents per acre; of the third quality at thirty-four cents per acre. All oak and hickory lands including islands (cultivated or uncultivated) above the flowing of the tide, on all rivers, from Cathead on the river Alatamaha, to the river St. Mary's inclusive, to the marked line aforesaid, of the first quality, at seventy-five cents per acre; of the second quality, at forty-three cents per acre; and of the third quality, at twenty-one cents per acre. All lands on the sea islands, or lying on or contiguous to the sea shore, usually cultivated or capable of cultivation, in corn, indigo, or cotton, of the first quality, at four dollars eighty-one cents per acre; of the second quality, at two dollars and thirty-five cents per acre, and of the third quality at one dollar eighteen cents per acre. All other pine lands throughout the state, at twenty-one cents per acre. Sec. 2. And be it further enacted, That the sum of thirty-one one-fourth cents shall be levied on all free male white persons of the age of twenty-one years and upwards in this state; and the sum of thirty-one and a quarter cents on all negroes and other slaves whatever, under the age of sixty years within the limits of the same; and the sum of thirty-one and a quarter cents for every hundred dollars value of every lot, whars, or other lands not herein already enumerated; and on all other buildings within the limits of any town, village or borough within the same, the sum of thirty-one and a quarter cents upon all male free negroes, [Illegible Text] and mustizoes, from the age of twenty-one years and upwards, over and above the taxable property they may be possessed of; and the sum of thirty-one and a quarter cents shall be levied

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for every hundred dollars value of all persons stock in trade, shop keepers and others, and to be computed at prime cost, and the return to be made on oath, that the stock in trade so returned is the highest estimation of the stock in such persons possession, at any time not exceeding three months preceeding the time appointed by this law for such stock in trade to be estimated and returned; the sum of one dollar on all four wheel carriages (waggons excepted) and the sum of fifty cents on all two wheel carriages, (carts and drays excepted); the sum of four dollars on all practitioners of law and physic; and the sum of one hundred dollars on all billiard tables; and the sum of five hundred dollars on all E. O. tables or other instrument of the like construction for the purpose of gambling: And whenever it shall so happen that the person or persons owning or holding such table in possession, refuse legally to return the said table or tables, or after returning the same, shall neglect or refuse to pay the tax thereon, when thereunto required, it shall be, and is hereby made the duty of the collector of tax, to levy on the said table or tables or instrument, and expose the same to public sale, after giving such notice as is required for the sale of personal property: And should the said table or tables, after being set up for sale, not sell for the full tax due on the said table or tables, that then all the property of the owner or owners, shall be liable for the taxes aforesaid; and further the person or persons owning such table or tables, is hereby made liable to return and pay the like tax in every county in this state wherever he, she or they may carry the same: That the tax on E. O. and billiard tables may be levied and collected at any time after the passing

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of this act, wherever such tables may be found; and every tax collector is hereby required to proceed immediately against persons keeping such tables as is directed in cases of non-payment of taxes on other property; and the sum of four dollars on all factors and brokers, and on all wares, liquors and merchandize, sold, bargained or trafficked for by such factors and brokers; the sum of eighteen and three-quarter cents on every hundred dollars by them so sold or disposed of, to be given in upon oath; and the sum of fifty cents on every hundred dollars of the funded stock of the United States, to be given in by the holders thereof in like manner as stock in trade. Provided never [Illegible Text], That in all cases of extreme indigence or infirmity, the inferior court of each county shall be, and they are hereby authorized to remit the poll-tax upon such indigent or infirm person claiming the same. Sec. 3. And be it further enacted, That there shall be a receiver for each county throughout this state, and that the mode of taking the returns shall be as follows: The receiver of tax returns in each county shall give notice to each captain's district within the county, by advertising in the most public place of each district, the day and place he will attend to receive the returns of taxable property therefor; and which notice shall be given at least ten days previous thereto; each receiver shall likewise attend previous to making his return of defaulters, three different days in each district for that purpose, which days shall not be within seven days of each other; and the commanding officer in each company shall give to the receiver so attending, a list of the inhabitants liable to pay taxes in his district, on oath or affirmation, to the

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best of his knowledge and information, under the penalty of thirty dollars in case of failure, to be recovered before any justice of the peace within the county, one half to the person suing for the same, the other for the use of the poor of such county. And it shall be the duty of the receiver of returns, at all times upon personal application, to receive the returns, not given at the time and place specially notified, at any time before he makes a digest of the whole returns; and he shall previous to entering on the execution of his duty, take and subscribe the following oath or affirmation, to wit, I, A. B. do [Illegible Text] [Illegible Text] (or affirm) that I will truly and faithfully perform all the duties of receiver of [Illegible Text] of taxable property in the county to which I am appointed, as required of me by this act, and will not receive any return but upon oath. Sec. 4. And be it further enacted, That all and every person liable to pay tax, shall give in a list of his, her or their landed property, as well as a list of every such person or persons as he, she or they may be attorney or attornies, executor or executors, administrator or administrators of, describing as near as can be from the plats, deeds, or other documents, the particular situation of such lands, what particular water course on, and what lands it adjoins, for whom surveyed or to whom granted; and the receiver of such returns shall make a general digest and return of the whole of the taxables received as aforesaid, and also of the taxable property of non-residents and defaulters within his county, and shall transmit three copies, one to the collector of the county, one to the [Illegible Text] court, and one to the treasurer; and that the said tax receivers do deliver the aforesaid three copies, to wit, to the collector and clerk of the inferior

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court on or before the fifteenth day of July next; and to the treasurer on or before the first day of August next, under the penalty of one thousand dollars for each offence; including therein his own taxable property; and shall publish within one month thereafter, in the gazette, the names of defaulters under the penalty of two hundred dollars; and the receivers shall receive two and one half per centum on the tax arising from all property returned, and six and one quarter cents on each return of a poll without property; and it shall be his duty to transmit to the treasurer, the clerk of the inferior court, and the collector of taxes, each a copy of such [Illegible Text] And that the said several receivers to be appointed by this act, shall be paid by the collectors in their respective counties, the sums which shall become due them for their services as allowed by this act. Provided, That no receiver shall be allowed or paid by the collectors, before such receiver shall produce a certificate from under the hand of the clerk of the inferior court of such county, that such receiver is entitled to such sum for his services agreeably to this act; which certificates such clerks are hereby on application directed to [Illegible Text] and every collector shall be allowed credits for such payments in his settlement with the treasurer, who is hereby required to transmit an alphabetical digest (from the several general returns in his office) of all the lands and other property returned as lying in each county, to the inferior courts of the respective counties, to be examined and compared with the returns of such county, for which duty the treasurer shall be entitled to five dollars for each digest so transmitted; for which sums his excellency the governor is authorized

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to draw a warrant on the treasury, on the treasurer's producing and depositing a deposition in the executive office, a receipt for such digest from the clerk of the inferior court of the county. In case the treasurer shall fail or neglect to transmit such alphabetical digest on or before the last day of each year, he shall forfeit and pay the sum of fifty dollars for each digest not transmitted; to be recovered by the justices of the inferior court, in any court having cognizance thereof, and applied to the use of such county. And it shall be the duty of each tax receiver to examine the alphabetical digest so transmitted by the treasurer, and report upon oath all the lands and other property within his district not returned as aforesaid, and the quality of such land to the best of his knowledge and information, to the collector for such county; and it shall be the duty of such collector to collect the taxes due thereon, in the same manner as if such property had been returned under this act, and shall be accountable for the same to the treasurer. Sec. 5. And be it further enacted, That the receivers and collectors of tax for the respective counties, shall be responsible to the executive department, and be amenable to such rules in conducting the duties of their respective offices, as the executive may think necessary and proper. The collectors of the respective counties, before they enter on the duties of their office, shall give bond with sufficient security as follows: For the county of Chatham, in the sum of twenty thousand dollars; for the county of Camden, in the sum of four thousand dollars; for the county of Glynn, in the sum of two thousand dollars; for the county of M`Intosh, in the sum of five thousand dollars; for the county of Liberty, in

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the sum of five thousand dollars; for the county of Bryan, in the sum of three thousand dollars; for the county of Effingham, in the sum of two thousand dollars; for the county of Scriven, in the sum of two thousand dollars; for the county of Burke, in the sum of five thousand dollars; for the county of Montgomery, in the sum of two thousand dollars; for the county of Washington, in the sum of four thousand dollars; for the county of Hancock, in the sum of eight thousand dollars; for the county of Greene, in the sum of five thousand dollars; for the county of Richmond, in the sum of eight thousand dollars; for the county of Columbia, in the sum of six thousand dollars; for the county of Wilkes, in the sum of eight thousand dollars; for the county of Oglethorpe, in the sum of eight thousand dollars; for the county of Warren, in the sum of four thousand dollars; for the county of Elbert, in the sum of five thousand dollars; for the county of Franklin, in the sum of four thousand dollars; for the county of Jackson, in the sum of three thousand dollars; for the county of Bullock, in the sum of two thousand dollars; for the county of Lincoln, in the sum of three thousand dollars; and for the county of Jefferson, in the sum of three thousand dollars; and shall also take and subscribe the following oath or affirmation, to wit, I, A. B. appointed collector of tax for the county of do solemnly [Illegible Text] that I will faithfully discharge the duty required of me by law; and in case of death, refusal or neglect of any collector to enter into such bond or take such oath, then his excellency the governor is hereby authorized and required to appoint some other person willing to accept the same on the qualification aforesaid;

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who shall attend in each district of the county to receive such tax, and shall previously give at least ten days notice thereof, and shall attend at least two days in each captain's district; and not within ten days of each other; and if he shall presume to execute the said office without the qualification aforesaid, he shall forfeit double the sum for each person's tax he shall receive, to be recovered by any person who shall inform and [Illegible Text] for the same in any court or tribunal having cognizance of debts to that amount. Sec. 6. And be it further enacted, That the governor for the time being shall take bond and security of the collectors of each county respectively in conformity to this act for the due performance of all the duties required of them; and shall transmit a dedimus to the justices of the inferior court of the several counties, or any two of them, to receive and cause to be executed such bond, with two or more securities, to be approved of by such justices; which bond shall be forthwith transmitted by them to the treasury-office. Sec. 7. And be it further enacted, That all persons whatsoever who are possessed of any lands granted to, or surveyed for them, or for any other person or persons, or of slaves either in their own right, or of any other person or persons whatever, or are liable to pay other tax by virtue of this act, shall on or before the first day of May next, render a particular account thereof on oath in writing, setting forth in what county such lands and slaves are, to the best of his, her, or their knowledge to the receiver of the county wherein such person resides, at such time and place, as the receiver of such county shall appoint for the doing thereof, so that the same be done on or before the first day

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of May aforesaid; which oath or affirmation shall be in the words following, viz. I do swear or affirm (as the case may be) that the account which I now give in, is a just and true account of all the taxable property which I was possessed of, held or claimed on the first day of January last, or was interested in or entitled unto, either in my own right, of the right of any other person or persons whatsoever, as parent, guardian, executor, administrator, agent or trustee, or in any [Illegible Text] manner whatever, according to the best of my knowledge, information and belief, and that I will give a just and true answer to all lawful questions that may be asked me touching the same; and all this I declare without any [Illegible Text] or mental reservation whatever. So help me God. Which said oath or affirmation the receivers of tax returns for the several counties, are hereby respectively authorized and required to administer gratis. Sec. 8. And be it further enacted, That if any person or persons shall neglect or refuse to give in a return of his, her or their taxable property, or shall be convicted of fraud or of making a false return thereof, he, she or they shall be liable to pay to the clerk of the inferior court of the county a fine of ten dollars for every hundred dollars valuation so neglected or concealed, one half whereof to the use of the county under the direction of the inferior court, and the other half to the use of the informer or informers; to be recovered in any court having cognizance of the same. Sec. 9. And be it enacted, That all attornies or trustees of, or for any person or persons living without the limits of this state, shall make true returns as aforesaid in the district wherein such attorney or trustee resides, all that such attorney or attornies,

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trustee or trustees shall be liable to pay the tax to become due by this act, or which may be due by any former tax act or acts for such land or lands, slave or slaves, out of his, or their own proper estate, notwithstanding such attorney or attornies, trustee or trustees, may renounce or disclame acting as such before the said taxes are levied; unless such attorney or attornies, trustee or trustees, shall make oath before the receiver aforesaid, that he or they hath or have renounced such trust or attorneyship, before the payment of such tax became due, without having done it only with design to avoid the payment thereof. Provided always, That if such attorney or attornies, trustee or trustees, shall within one year next after making such oath again become attorney or attornies, trustee or trustees or act as such, he or they shall be liable to pay the said tax herein directed, any thing herein contained to the contrary notwithstanding; and for levying whereof the same remedy shall be and is hereby given, as for levying the tax to become due by virtue of this act on the proper estate or estates of such attorney or attornies, trustee or trustees, or other person or persons acting as such. Sec. 10. And be it further enacted by the authority aforesaid, That in case any land or other taxable property shall be found by the receivers to belong to any person or persons, residing without the limits of this state, and who have no attorney or attornies, trustee or trustees legally constituted in this state, or which have not been returned to any receiver appointed to the county where such lands are, then, and in such case, the receivers shall be and they are hereby authorized and required to charge such lands and other property,

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for the payment of the tax imposed thereon, and also for all taxes due thereon by any former tax act; and forthwith once in every month, to publish and give notice of every such charge or assessment in the gazette: And in case of non-payment of such taxes within six months, the said lands and other property shall be thereafter liable to double tax, and to be proceeded against by attachment in a summary way by the collector in the manner of distress and sale, and to make titles to the person or persons purchasing the same, and to pay the money, lawful charges only to be deducted, into the treasury. Provided, The owner or owners, his or her agent or attorney, shall not within twelve months after such sale apply for the surplus: And it shall be the duty of every tax-collector, and he is hereby required on the day on which he shall come to a final settlement with the treasurer, or on the day on which he is required by law to close his accounts, to make a return on oath, which shall be certified and vouched for by at least two justices of the peace for the county, of all lands sold by him for the taxes, specially setting forth the tax for which it was sold, the price it sold for, and the purchaser or purchasers. And in case of failure, such collector and his securities shall be subject to a penalty of two thousand dollars, to be recovered in any court having cognizance thereof, to the use of the prosecutor, and shall also be subject to an action at law for damages by any person aggrieved thereby. Sec. 11. And be it further enacted, That all perssons whatsoever who are possessed of any lands or slaves in this state, in his or their own right, or in the right of any other person, or any waysliable

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to pay tax by virtue of this or any other act, shall pay in their taxes to the collectors that may be appointed to receive the same, in the manner herein after directed, on or before the first day of February in the year one thousand eight hundred and one, and the respective collectors receipts shall be held and taken as satisfactory; and it on the said first day of February any person or persons shall be in default, the collector of the county where such default shall happen, shall immediately proceed against such defaulters by distress and sale; (after due notice given of such sale, which in no case shall be less than twenty days advertisement in one of the public gazettes of this state, and stating the amount of the assessment levred or tax due by such person or persons) of goods and chattles if any to be found, otherwise of the lands of such defaulter or defaulters, or so much thereof as will pay the amount of taxes due with costs; but no sale of lands shall be made on be valid, unless two months notice thereof be given by advertisement in one of the gazettes of this state, which shall regularly be published until the day of sale; and in all such cases to make titles to the purchasers of the property sold as aforesaid. And the said collectors respectively shall, on [Illegible Text] before the first day of June, in the year of our lord one thousand eight hundred and one, close their accounts and deliver the same to the treasurer for the time being, and after deducting five per centum on all such taxes as they shall receive, pay the remainder to the said treasurer. And the tax collectors shall at all sales of land for taxes, first offer such part of such lands for sale as may reasonably be expected to produce the amount of tax due by the owner thereof; and if he shall not have a

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bid for such part of said lands, he may then offer a larger quantity until he can produce bids to the amount of the tax due; and that no sale of lands heretofore or hereafter made by tax collectors of more than one tract or grant, belonging to or sold as the property of one person or one company or society of persons, where such tracts first sold shall have produced or amounted to the taxes due by such person, or on all the lands, returned or represented as the property of such person or persons shall be deemed or considered valid; but such sales are hereby declared to be null and void. Sec. 12. And be it further enacted, That when any of the said receivers of returns or collectors of taxes, shall or may discover that any land or slaves or other taxable property, hath not been returned as in this act pointed out, he or they shall summon three freeholders, residents of the districts where such land may lie or property be, to ascertain the quality of such land or other property, and double the tax thereon; for which amount the collector is hereby empowered and required to levy, sell and convey in the manner herein already mentioned. Provided always nevertheless, That all lands or other property vested in commissioners or trustees, for public uses, shall not come within the purview of this act. And provided also, That no sale which shall be made under this act of the property of orphans (having no guardian or trustee) shall have any effect. AND WHEREAS it has happened, and may frequently happen, that between the day of receiving the return, and the day appointed for the payment of the said tax, many persons have left the district in which they resided, and have been returned by the collectors as insolvents, who had

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property upon which the collectors could levy and distrain: Sec. 13. Be it therefore enacted by the authority aforesaid, That the collector in any county shall be obliged to lay before the grand jury of each county, a list of such insolvents as may be in such county or counties, on oath, who shall allow or disallow the same. Sec. 14. And be it further enacted, That the taxes imposed by this act shall be preserred to all securities and incumbrances whatever; and that in case any person or persons coming under the notice of this act, shall die between the time of giving in his, her or their returns to the receivers respectively, and the paying of his, her or their taxes, and any goods or chattels of the deceased to the value of the sum taxed shall come into the hands of his, her or their executors or administrators, or executors in their own wrong, such executors or administrators shall pay the same by the time before limited, prior to all judgments, mortgages or debts whatsoever, otherwise a warrant of execution shall issue against the proper goods and chattels of such executor or administrator; and if any person or persons between the time of rendering the account of his, her or their estate to the receiver aforesaid, and the time of his, her or their paying in the said tax, shall be about to depart the county in which he, she or they may have immediately then preceding resided; the said collector or collectors is and they are hereby directed and required, forthwith to levy the same, notwithstanding the day of payment may not then have arrived, unless such person or persons shall and do find securities to be approved of by the said collector or collectors respectively for the payment thereof at the day herein appointed.

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Sec. 15. And be it further enacted, That all deeds of gifts, conveyances, mortgages, sales and assignments of goods, lands, tenements and chattels of any kind of any persons whatsoever, made with an intention to avoid paying the aforesaid tax, are hereby declared null and void; and in case any person who has mortgaged his estate, real or personal, shall refuse or neglect to pay the tax of the same, the mortgagee shall pay the same. Provided, That no sale for taxes under this act, shall tend to effect the state title to any property mortgaged or secured thereto. Sec. 16. And be it further enacted, That the treasurer for the time being be, and he is hereby empowered and required to grant executions against all former collectors of taxes who are or may be defaulters immediately after the passing of this act; and he is hereby required and directed to proceed and prepare the form of a general return to be made by the respective receivers of tax returns, to be approved of by the governor, and transmitted by the treasurer without delay, to the aforesaid officers. Sec. 17. And be it further enacted, That where the collector of the county finds no property real or personal therein of persons in arrears, to satisfy the taxes due by virtue of this or any former tax act, such collector is hereby authorized and empowered to sell so much of the property of the person neglecting to pay as aforesaid, as may be situate in any other county or counties as will satisfy the said tax and arrears of tax as aforesaid, without further notice than his giving twenty days previous publicity of said sale by advertisement in one of the gazettes of this state; and the collectors shall be allowed fifty cents for each executionlevied,

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and five per centum on the amount of such execution. Sec. 18. And be it further enacted, That every person or persons refusing or neglecting to give in a list of his, her or their taxable property agreeably to the directions of this act, shall forfeit and pay for every such neglect, the sum of one dollar for every free male above the age of twenty-one years, and the sum of one dollar for every negro; the sum of eighty cents on every hundred dollars value of every lot, wharf or other lands not herein already enumerated, and on all buildings within the limits of any town, village or borough within the same, to be paid by the master or owner thereof, and to be recovered by bill, plaint or information before any court having cognizance thereof; the one half thereof to go to the informer, and the other half to the use of the county, where such information is made; except where the prosecution is carried on by presentment, and in the case the whole shall be applied to the use of the county: Provided, That such information or presentment be made within twelve months after such neglect or default. AND WHEREAS divers persons, non-residents of this state, import large quantities of goods, wares and merchandize; and evade the payment of taxes, by not being in this state at the time usually [Illegible Text] for making returns for taxes, for remedy; Sec. 19. Be it enacted, That any non-resident who shall expose to sale any goods in this state, shall on his arrival, or in seven days after entering the same, make return on oath, to the receiver of taxable returns, and give security to the tax collector to pay the same on or before the time

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prescribed for paying taxes by this act; Provided, That such goods shall not be liable to pay the tax when they may be exported, or placed in the hands of a vendue master to be actually disposed of by him or them; and on failing to comply as aforesaid, it shall and may be lawful for the tax collector to proceed against him or them, in like manner as against persons about to remove out of the county. Sec. 20. And be it further enacted, That it shall be the duty of the judges of the superior courts, at their next term after the returns of the receivers of taxable property shall have been made agreeably to this act, to give it in charge to the grand juries of the several counties, that they do present all such persons as may be defaulters under this act; Provided [Illegible Text], That where any person or persons who may be a defaulter, shall before any information or presentment be made, against him or them, go to the clerk of the superior court of his county, and give in a list of his property upon oath, in the same manner as ought to have been given to the receiver, such person or persons shall be exonerated from the pains and penalties of this act; and each person shall pay to such clerk for taking such list, the sum of fifty cents; and every such clerk shall return to the collector of his county, on or before the first day of December, one thousand eight hundred, a true list of such property, and also transmit to the treasurer a return thereof, on or before the first day of February following. Sec. 21. And be it further enacted, That the tax imposed by this act, shall be collected in specie, bank bills of the United States, or of the different branches thereof, governors, presidents and

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speakers waarants, and in nothing else; and no replevin shall lie, or any judicial interference be had, in any levy or distrain for taxes under this law, but that the party injured be left to his own proper remedy in a court of law. Sec. 22. And be it enacted by the authority aforesaid, That any receiver making a false return, expressive of more or other than is to him given in, shall forseit and pay to the party aggrieved, a sum equal to double the amount of the tax on the property so illegally returned; and any collector demanding any other or more tax than by this act is imposed, according to the respective returns, shall forseit and pay to the party aggrieved for every such offence, fourfold on the sum so unlawfully received, to be recovered before any jurisdiction having cognizance thereof. And it shall be the duty of the sheriffs of the respective counties to execute all executions and other process issued by the treasurer against officers appointed by this act, under and by virtue of the same. Sec. 23. And be it further enacted, That in case any collector of taxes for any county in this state, shall not settle his accounts with the treasurer, and pay in the amount of his collection by the time pointed out by this act, the treasurer shall publish, in one of the Gazettes of this state, a notification, requiring all and singular the tax collectors who may be in arrears to come forward and settle their accounts, and pay the balance they may respectively owe into the treasury within two months from the date of such notification, which shall be regularly published six weeks successively, stating the sums due by each collector, their names and securities; and in case of failure to make settlement and pay in the monies as aforesaid,

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the treasurer is authorized and directed to issue his execution against every collector in default, directed to all and singular the sheriffs of this state, and transmitted to the sheriff of the county for which the collector is appointed, who is required to levy the same immediately, if any property of the desendants in the county, if not, to transmit the same to any other county, where the desendants or either of them may have property; and the sheriff of such other county is in like manner to levy the same. And no execution issued by the treasurer in manner herein prescribed, shall be stayed by reason of the death of the said collector or his securities, as to the sum due or the legality of the execution. Sec. 24. And be it further enacted, That the collectors of the several counties shall, before they receive the taxes from defaulters in their respective counties, ascertain and enter in a book to be kept for that purpose, the taxable property in default, and the amount of taxes due by such defaulter; an exact copy of which book or digest, they shall transmit to the treasurer, and another copy shall lodge with the receiver of taxes of the said county, who shall add the same to his digest, previous to such collector's receiving the taxes from such defaulters; and in case any collector shall attempt to receive taxes or any part thereof from such defaulter or defaulters before he shall transmit the aforesaid digest to the treasurer and receiver as aforesaid, he shall forseit double the amount so received, to be recovered by execution to be issued by the treasurer as in case of default on information thereof to the treasurer. Sec. 25. And be it further enacted, That all former collectors who are in default, shall within

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sixty days after the passing of this act, return a digest to the treasurer, and another to the receiver, of all monies received or which they may receive from desaulters as asoresaid, in the manner pointed out, and on failure thereof shall be subject to execution, and the penalties which collectors under this act are subject to. Sec. 2 And be it further enacted, That where there may be a defalcation of revenue in the opinion of the executive, proceeding from sales of land in the different counties of this state for want of buyers, that he be and is hereby authorized to cause the same to be sold by the collectors of such counties at some one of the principal cities, towns or court-houses within the circuit to which such collectors belong. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 4, 1799. AN ACT To authorize certain commissioners therein named to establish a lottery for the purpose of taising the sum of thirty-five thousand five hundred Dollars, to be appropriated to the cutting a Canal from the river Alatamaha to Turtle river. WHEREAS it appears essential to the interest and convenience of the citizens of this state, residing on and near the waters of the rivers of Alatamaha and Turtle river, that a communication

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from the said Alatamaha to Turtle river should be opened, by means of which the produce of those parts may be conveyed with more ease and safety to market. Sec. I. Be it enacted 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 herein after named, to establish a lottery within two years from and after the passing of this act, to raise the sum of thirty-five thousand five hundred dollars, under such schemes and regulations, as they or a majority of them, may deem necessary and proper for cutting and keeping open the canal aforesaid. Sec. 2. And be it further enacted by the authority aforesaid, That Henry D. Stone, Leaton Wilson, John Burnett, Doctor L. E. W. Shicut, Samuel Wright, and John Couper, be and they are hereby appointed commissioners to carry the aforesaid lottery into full effect. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 6, 1799. AN ACT To empower the inferior courts of the several counties in this state, to order the laying out of public roads, and to order the building and keeping in repair of public bridges. Section I. BE it enacted by the Senate and House of Representatives of the

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State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That all the roads in the several counties of this state, that have been laid out by virtue of any act of the general assembly, or by virtue of any order of court, are hereby declared to be public roads; and that from time to time, and at all times hereafter, the inferior courts of the several counties in this state shall have full power and authority, to order the laying out of public roads where the same may be necessary; and to discontinue such roads as now are, or shall hereafter be made, as shall be found useless; and to alter the roads so as to make them more useful and convenient, as often as occasion shall require. Sec. 2. And be it further enacted, That all roads hereafter to be laid out, shall be laid out by three or more commissioners appointed by the said inferior courts respectively, which commissioners being freeholders, shall take an oath before any justice, to lay out the same to the greatest ease and conveniency of the inhabitants, and as little as may be to the prejudice of any private person or persons enclosed ground: And when any person or persons shall feel him, her or themselves aggrieved, by reason of any road being laid out through his, her or their enclosed ground, it shall be the duty of any two or more of the justices of the inferior courts, on application in writing by the person or persons injured, to issue a warrant, under their hands, directed to the sheriff of the county, to summon a jury of freeholders, who shall be sworn to assess such damages, and that the sheriff shall make and return a true inquisition thereof to the next inferior court; and it shall be the duty of such court, to order the amount of

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damages so assessed to be paid out of the next county tax, or out of any other public monies belonging to the county fund. Provided nevertheles's, That where it shall appear to the inferior court that the damages so assessed transcend the utility of that part of the said road, such court shall order the same to be altered in such manner as to avoid the inclosed ground so damaged, unless the person complaining shall agree to accept such compensation as shall be deemed just and reasonable by such court. Sec. 3. And be it further enacted, That all public roads laid out or now in use, or which shall be hereafter laid out, shall be cleared of all trees, stumps, grubs and brush, at least twenty feet wide, and such limbs of trees as may incommode horsemen or carriages, shall be cut away; all bridges or causeways made or to be made over small water courses, and causeways over swamps or low lands, shall be made and kept in repair by the hands subject to work on the roads where the same may be necessary, and the pieces wherewith the same shall be made, shall be laid across the road, and be at least sixteen feet long, well secured, made fast, and covered with earth. Sec. 4. And be it further enacted, That all free male inhabitants between the age of sixteen and forty-five years, and all male slaves shall be subject to work on the public roads; and it shall be the duty of the inferior courts in each county, within six months after the passing of this act, to divide the several roads within the respective counties into districts of convenient length, and shall from time to time, apportion the persons subject to work on the roads among the several districts, in such manner, and in such proportion,

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as they shall deem just and equitable, regarding, as far as possible, the convenience of the people, and the situation of the roads. And the said inferior courts shall also within the aforesaid term of six months appoint one fit and proper person, being a freeholder, as overseer of each district of road, who shall take an oath before some justice, truly and faithfully to perform the duties required of him by this act; and the said inferior courts shall from time to time make such alterations in the districts, and appointment of persons to work thereon as occasion may require. And the clerks of the inferior courts shall, within ten days after the appointment of the overseers, and apportionment of persons to work in the several districts, give notice of such appointments to the said overseers, and also serve them with a list of the persons to work within their several districts. Sec. 5. And be it further enacted, That all overseers of roads, who shall refuse or neglect to do their duty, as is directed by this act, or shall not keep the roads and bridges over small water courses, and causeways over swamps and low lands in repair, or let them remain uncleared, or out of repair, for and during the space of thirty days, unless hindered by extreme bad weather, [Illegible Text] overseer shall forfeit for every such offence the sum of five dollars, to be recovered in the justices court of the district in which such overseer may reside, for the use of any person suing for the same; and shall nevertheless be subject to an action for damages, at the suit of any person injured by such refusal or neglect. Sec. 6. And be it further enacted, That whenever the said roads, small bridges and causeways, shall require repairing, the overseer shall give at

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least five days notice to all persons subject to work within their respective districts, of the time and place of attendance, with such tools as he may deem necessary; and if any person subject to work as aforesaid, shall fail to attend agreeably to such notice, together with all slaves owned by them or under their care and management, they shall be subject to the following fines, to wit: For the non-attendance of every free person the sum of one hundred cents per day, and for every slave the sum of one hundred cents per day, to be levied of the goods, chattles, lands and tenements of such defaulters, by warrant of distress and sale, under the hand and seal of any justice of the peace in the district where such defaulters may reside, or be recovered before any court having competent jurisdiction of the same, unless the party making such default, shall within ten days thereafter, make such excuse on oath, as may be deemed satisfactory to the overseer. And provided also, That no justice of the peace shall be authorized to issue a warrant as aforesaid, without satisfactory proof being first made, that the notice required by this act was duly served. Sec. 7. And be it further enacted, That all fines as aforesaid incurred and collected, shall be one half for the use of the overseer of the district, and the other half to be paid to the overseer for the repairs and improvement of the roads within his district. Sec. 8. And be it further enacted, That where any person or persons shall have made any fence, or laid any other obstruction across, or in any public road heretofore laid out, without the leave of any court having cognizance thereof, it shall be the duty of the overseer of the district in which

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the same may be, within three months after receiving his appointment, to cause such obstruction to be removed, and the road restored to its original situation, unless in the opinion of such overseer, the road now used is equally convenient with the original one: And when any person shall be desirous of removing any road for private convenience, such person shall petition any one or more justice or justices of the inferior court, for leave to remove the same, and on such petition it shall be the duty of the said justice or justices, to issue his or their order, directed to any three freeholders of the neighbourhood, who being sworn as is by this act herein before directed, shall proceed to view the ground over which such removal is intended to be made; and if the said freeholders shall report that such alteration will be equally convenient, the inferior court may order the same to be made by the person praying the same, which shall be cleared in such manner as is herein before directed. Sec. 9. And be it further enacted, That where any person shall hereafter make any fence or cut any tree, or make other obstructions in or across any public road, unless removed within two days, such person shall for every such offence pay a fine not exceeding twenty dollars, to be recovered by warrant under the hand of any justice of the peace, to be applied as herein before directed; and it shall be the duty of the overseer of the district [Illegible Text] [Illegible Text] to cause the said obstruction to be removed. AND WHEREAS the public good requires that a road should be opened, and kept in repair from the town of Riceborough, in the county of Liberty, to the town of St. Mary's, in the county of

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Camden, by the way of fort Barrington, on the river Alatamaha: Sec. 10. Be it further enacted, That all the male inhabitants in the counties of [Illegible Text], Glynn, and Camden, subject to work on the roads in the said counties, including all the [Illegible Text] belonging to the said counties of M'Intosh, Glynn and Camden, shall be liable to work on the said road, under the same rules and regulations, and subject to the same fines for default, as is before pointed out by this act: And the justices of the [Illegible Text] courts in the aforesaid counties shall appoint overseers in their respective counties, to carry this act into effect, any law or clause of laws, to the contrary notwithstanding. Sec. 11. And be it further enacted, That all the bridges that have been erected by any act of the general assembly, or by virtue of any order of court, not being private toll bridges, are hereby declared to be public bridges; and that from time to time hereafter, the inferior courts of the several counties shall have full power and authority to appoint the places for erecting public bridges: And it shall be the duty of such courts to appoint one or more commissioner or commissioners, to contract for the building such bridges, as may be deemed necessary, for a term not less than five nor more than seven years. And the said commissioner or commissioners, before he or they shall enter on the duties of such appointment, shall take an oath, before some justice of the inferior court or of the peace, truly and faithfully to perform the trust reposed in him. And the said commissioners being so sworn, shall advertise the time and place of letting the same, at three or more public places, at least twenty days, and shall

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then let the same by public outcry, at the [Illegible Text] bidder, taking bond payable to his excellency the governor of his successors in office, to be deposited in the office of the clerk of the inferior court, with at least two free holders as sureties for the performance of such building and keeping in repair: And the inferior court shall levy the amount thereof on the county, or order the same to be paid out of any of the funds of the county subject to their disposal. Sec. 12. And be it further enacted, That when bridges shall be necessary over any watercourse which divides one county from another, the inferior court of each county shall join in appointing commissioners for the building and keeping in repair the same; and the expence thereof shall be defrayed by both counties, in proportion to the amount of the general tax of each, to be estimated by the digest of the general tax, taken next before such contract. Sec. 13. And be it further enacted, That whenever any public bridge shall require repairing, it shall be the duty of the commissioners or one of them, to give notice in writing thereof, to the undertaker or one of his fecurities, stating the repairs necessary to be made, and requiring the same to be made within a reasonable time, to be set forth in the said notice; and if the same shall not be made within such time, such commissioner or commissioners shall employ some other person or persons forthwith to make such repairs, and shall immediately thereafter issue an execution against the said undertaker, and his securities, for the amount given for the said repairs with costs. Sec. 14. And be it further enacted, That when any commissioner appointed for letting any public

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bridge under and by virtue of this act, shall undertake the building and keeping in repair the same, or shall become the security for any other person so undertaking, the powers of such commissioner shall from thence forward cease and determine, and the inferior court of the county shall appoint another in his room. Sec. 15. And be it further enacted, That all former laws on this subject, so far as they militate against this law, be and they are hereby repealed. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 4, 1799. AN ACT For appropriating money for the year one thousand eight hundred. Section 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the salary of the governor, shall be two thousand dollars per annum; the secretaries of the governor, not exceeding two, four hundred dollars each per annum; the secretary of state, two hundred dollars per annum; the surveyor-general, two hundred dollars per annum; the judges of the superior courts, fourteen hundred dollars each per annum; the treasurer, one thousand dollars per annum; the attorney and solicitors general, one hundred and fifty dollars each per annum; the comptroller-general,

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eight hundred dollars; to the secretary of the senate, three hundred dollars; to the clerk of the house of representatives, three hundred dollars per annum; which said several sums shall be, and the same are hereby appropriated for their use, to be paid quarter yearly by warrant from the governor on the treasury, out of the taxes to be received for the years one thousand seven hundred and ninety-nine and one thousand eight hundred; and the sum of fifteen thousand dollars as a contingent fund subject to the drafts of the governor. Sec. 2. And be it further enacted, That the president of the senate, and the speaker of the house of representatives, each shall have appropriated to their use the sum of four dollars per day; and the other members of both branches of the [Illegible Text] at and after the rate of three dollars per day, for their services coming to, attendance on, and returning from the same; the secretary of the senate and clerk of the house of representatives four dollars per day; the messengers and door-keepers of both branches of the asiembly two dollars per day; to the two engrosting clerks of the house of representatives, four dollars per day; the engrossing clerk of the senate, four dollars per day; the clerk of the house of representatives and secretary of the senate the sum of seventy-three dollars each for stationary, fire wood, and other contingent expences incurred on account of the present session of the legislature; which said several sums shall be received in payment of taxes due this state for the years one thousand seven hundred and nine-nine, and one thousand eight hundred; or payable out of any monies due or to become due, which now are or may hereafter come into the treasury from the payment of taxes.

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Sec. 3. And be it further enacted, That the following sums be and they are hereby appropriated to and for the use and benefit of the several persons herein after mentioned, to wit: Joseph Way, Esq. the sum of eight hundred dollars, the same being a loan for two years, upon his complying with a concurred resolution of the general assembly, to be paid out of any monies now in the treasury or may arise from taxes of eighteen hundred; to Edmd. B. Jenkins, the sum of twenty dollars and ninety cents, to be paid out of any monies now in the treasury or that may hereafter come in; to James Babcock, the sum of one hundred seventy-one dollars forty-three cents, for a negro executed; to Philip Zimmerman, twenty-five dollars, the same being for a rifle gun taken by the Indians at the time lieutenant Hay was killed; to Jas. M. Stuart, executor of Box, the sum of one hundred seventy-one dollars forty-three cents, for a negro executed; to Richard Rutherford and Hugh Bell, invalid soldiers, the sum of fifty dollars each; and to Mrs. Ann Jones and her children, widow and orphans of James Jones, an invalid soldier, deceased, the sum of fifty dollars, being a temporary provision for their support until permanent provision shall be made by the general government, in consideration of services rendered in the prosecution of the revolutionary war; to John M. Carter, as keeper of the magazine of the third division, in full of his account to the present date, the sum of ninety-two dollars; and that the sum of two thousand dollars be, and the same is hereby appropriated for the use of Robert and George Watkins, out of any monies that are or shall hereafter come into the treasury; to John E. Smith, the sum of one hundred and fifteen dollars

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thirteen cents; to Thomas Sandwich, the sum of twenty dollars; to Edmd. B Jenkins, as clerk of the committee on finance, the sum of seventy dollars; to George Clayton, for assisting engrossing clerk, the sum of fitty dollars; and to the heirs or legal representatives of Philip Alston, deceased, the sum of one hundred seventy-one dollars and forty-three cents, for a negro executed; which said several sums shall be paid out of any monies which now are or may hereafter come into the treasury from the payment of taxes; to George Spann, for ammunition furnished on the frontiers of this state, twenty-two dollars and fifty cents; to George Walton, on account of his salary being reduced by receiving warrants on the treasury for specifics in the year one thousand seven hundred and ninety, as one of the judges of the superior courts, three hundred and seventy-five dollars; to John Roberts, agreeably to a concurred resolution of the senate and house of representatives, seventy dollars; to Archd. Beall, agreeably to concurred resolution, the sum of thirty dollars; to Henry Osborne, twenty-five dollars, as a balance due him from a joint resolution of the legislature of January, one thousand seven hundred and ninety-nine; to Alexander M`Millan, agreeably to joint resolution of one thousand seven hundred and ninety-nine, the sum of four hundred and fifty dollars; to Seaborn Jones, to be paid in any specie payments, the sum of six hundred twenty-three dollars eighty-seven and an half cents; to Samuel Demaron, coroner of Chatham county, the sum of sixty-five dollars; to the adjutant-general, two dollars per day whilsst in actual service; to James M`Neil, agreeably to joint resolution, the sum of three hundred and forty-five

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dollars seventy cents; to James M`Kan, the sum of twenty-five dollars, for taking the census of M`Intosh county; to Edward Telfair, the sum of five hundred and thirty-five dollars thirty-seven cents, on account of his salary being reduced by receiving warrants on the treasury for specifics in the year one thousand seven hundred and ninety, as governor; to Alexander M`Millan, the sum of five hundred dollars, in full for his services as printer. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 5, 1799. AN ACT To authorize certain persons therein mentioned to sell or otherwise dispose of certain land appertaining to the people called Quakers. WHEREAS there was on the third day of July, which was in the year one thousand seven hundred and seventy, a certain tract of land containing five hundred acres, lying and being in the then parish of Saint Paul, now Columbia county, granted to Joseph Maddock and Jonathan Sill, in trust for the use and benefit of the people called Quakers, for certain purposes therein expressed; and in as much as it doth appear by the petition of the aforesaid people, that the aforesaid premises doth not answer the purposes for which it was intended:

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Section I. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That Daniel Williams, Camm Thomas, Joel Cloud and John Stubbs, be and they are hereby appointed trustees, in lieu of the aforesaid trustees, who shall continue in office until the first Monday in May one thousand eight hundred and one; at which time the aforesaid people who are qualified to vote for members of the legislature, shall assemble at the town of Wrightsborough, and elect, at every subsequent term of two years thereafter, five fit and discrete persons of their own body, as trustees, who shall continue in office for the term of two years. Sec. 2. Be it further enacted, That the aforesaid trustees, or their successors in office, shall sell or otherwise dispose of the aforesaid tract of land, in such manner and form as they may deem most beneficial for the use and benefit of the aforesaid people. Sec. 3. And be it further enacted, That it shall and may be lawful for the aforesaid trustees, or their successors in office, to sue and be sued, plead or be impleaded, and perform any other legal matter or thing which may become necessary to be done in support of the common interest of the aforesaid people in the said premises. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 6, 1799.

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AN ACT To repeal an act, entitled, an act allowing further time to the officers and soldiers of the late [Illegible Text] troops who have received no compensation for their services, to make their claims, and have them [Illegible Text] by the auditor; [Illegible Text] the seventeenth day of September, one thousand seven hundred and ninety-two. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General [Illegible Text] met, and by the authority of the same, That the act entitled, An act allowing further time to the officers and soldiers of the late state troops, who have received no compensation for their services, to make their claims, and have them liquidated by the auditor, passed the seventeenth day of September, one thousand seven hundred and ninety-two, be and the same is hereby repealed. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 6, 1799. AN ACT To carry into effect the eighth section of the third article of the Constitution. Section I. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That for the more general

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promulgation of the laws of this state, the secretary of state, with two commissioners who shall be appointed by the legislature for that purpose, shall examine into, digest and arrange the several laws thereof now in force, and report the same to his excellency the governor, who shall approve or disapprove of the same. Sec. 2. And be it further enacted, That if his excellency the governor shall approve of such digest of the laws of the state as may be reported to him in pursuance of this act, that then the secretary of state, shall under the direction of the executive thereof, cause to be printed in a quarto bound volume or volumes, one thousand copies of such digest of the laws of this state as may be reported by the aforesaid commissioners and secretary of state in terms of this act. Sec. 3. And [Illegible Text] it further enacted, That eight hundred copies of the aforesaid volumes of the digest of the laws of this state so reported and approved of as aforesaid, shall be distributed by the executive among the respective counties of this state, agreeably to the rule laid down by the constitution for apportioning the representatives among the several counties; and the proportion which shall be so assigned to the respective counties shall be transmitted by the executive to the justices of the inferior court of such county, by whom the same shall be distributed, in such manner as the said justices may deem most proper for the general information of the citizens. Sec. 4. And be it further enacted, That the remaining two hundred volumes of the aforesaid digest of the laws of this state so reported and approved of as aforesaid, shall be reserved by the executive for the future disposition of the state.

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Sec. 5. And be it further enacted, That the laws of this state which shall in future be passed, shall, at the end of each succeeding session, be printed and distributed in manner and form aforesaid. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 6, 1799. AN ACT To amend An act for adding part of Oglethorpe to Greene, and part of Greene to Oglethorpe. Section 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That the line dividing said counties of Greene and Oglethorpe, shall begin at the mouth of Sill's sork of Little river, from thence to Richard Parker's house, from thence up the main source of Little river to Clay's bridge, from thence to Joseph Moore's, so as to leave Robert Russel and Alexander Cummings in Oglethorpe, from thence a straight line to the mouth of Falling creek on the Oconee river. Sec. 2. And be it further enacted, That all the above recited act, which militates against this law, is hereby repealed. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, [Illegible Text]. Assented to November 30, 1799.

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AN ACT Supplementary to an act, entitled, An act for ordering and governing slaves within this state, (then province) passed the tenth day of May one thousand seven hundred and seventy, and for establishing a jurisdiction for the trial of offences committed by such slaves, and other persons therein mentioned, and to prevent the inveigling and carrying away slaves from their masters, owners or employers, and for repealing such laws and clauses of laws, as militate against the same. WHEREAS many persons purchase provisions and other commodities from slaves, by which the owners of such slaves are, and may continue to be great sufferers, should such pernicious practices continue; Be it therefore enacted, That immediately from and after passing this act, any person or persons whatsoever, who shall purchase from, or sell to, for money, or barter with any slave or slaves for any sort of corn, rice, cotton or other commodities whatsoever, unless such slave or slaves shall produce a ticket, describing the article and quantity permitted to be sold, from his, her or their employer, owner or manager, allowing such slave or slaves to dispose of such money, or purchase or sell such provision or commodity, shall upon conviction before any court having competent jurisdiction thereof in the county where such offence shall be committed, forfeit the sum of three hundred dollars, to be applied one half to the use of the county, and the other half to the informer; and shall find sufficient security for his, her or their good behaviour for twelve months; and in case of

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refusal, or inability to pay such penalty or find such security, then and in such case, he, she or they shall be by the said court committed to the nearest common jail, there to be and remain for and during the space of three months, and to pay all lawful cost and charges attending the same. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 6, 1799. AN ACT To amend An act to carry the twenty-fourth Section of the first Article of the Constitution into effect. WHEREAS it has been found by experience, that the relief intended by the act entitled, An act to carry the twenty-fourth section of the first article of the constitution into effect, does not extend to the attornies, executors or legal representatives of those persons, who hold receipts or documents for monies deposited under the usurped act of the seventh day of January, one thousand seven hundred and ninety-five, it being a requisite in the said act for the person applying to make oath, that the receipt produced, is the original receipt given at the time the money was paid: Section 1. Be it enacted by the senate and house of representatives, of the state of Georgia, in general assembly met, and by the authority of the same, That attornies, with legal powers, or executors and administrators,

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ministrators, of deceased holders, shall not be obliged to make oath, that the money signified in the receipt or documents produced was bona side paid at the time the receipt was given; but shall be entitled to a return of deposit, on returning into the treasury the original receipt of the treasurer, grantee or grantees, his or their agent or agents, or such other documents, under their or either of their hands, as may tend to an acknowledgement of receipt on equitable construction of the act, and making oath, as therein mentioned, that he, she or they hath or have therewith returned in all documents or pretended title thereto appertaining within their custody, power, possession or knowledge, so far as respects the receipt or document returned, and that they believe the money was bona side, deposited by the principal giving such power, testator or intestate, under whose title they respectively act, and that to the best of their knowledge and belief, the receipt or documents lodged, is or are the genuine receipts or documents originally given by the treasurer, grantee or grantees, his or their agent or agents, or any other person or persons who hath or have deposited monies under the said usurped act. Provided always, That where attornies only shall apply, the powers from their principal shall disclaim and renounce all pretended title to the said pretended sales of western territory of this state, and declare therein that such attorney is in possession of all receipts, titles or documents appertaining thereto, which power shall be acknowledged before some magistrate or notary public of this, or the United States. Sec. 2. And be it further enacted, That persons holding papers called citizens rights, or original treasury receipts, shall in all cases be entitled

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to a return of deposit on producing and lodging the same, as by the said act directed, on making oath, that they have paid a bona side consideration therefor, and believe the receipt produced is the genuine original receipt of the treasurer. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate, JAMES JACKSON, Governor. Assented to December 6th, 1799. AN ACT For the relief of Bazil Lamar. WHEREAS in and by an act entitled, An act to repeal an act for keeping open Little river and Broad river, so far as respects Joseph Ray, Bazil Lamar and the heirs of Williamson, upon certain conditions; passed at Louisville on the second day of February, one thousand seven hundred and ninety-eight, the said Bazil Lamar was allowed the term of two years from the date thereof to erect and build a merchant mill across Little river, at the place called Lamar's mill, which he had in a great degree performed, when unfortunately his works were consumed by fire, to the great injury of the owner. Be it therefore, enacted, That the further time of five years, from and after the date thereof, be and is hereby allowed the said Bazil, to erect and build such merchantable mill at the place aforesaid, of the description mentioned in the aforesaid act;

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any thing therein contained to the contrary notwithstanding. DAVID MERIWETHER, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. JAMES JACKSON, Governor. Assented to December 6, 1799. IN SENATE, WEDNESDAY, December 4, 1799. RESOLVED by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That it is the sense of the legislature, that an appropriation of two thousand dollars inserted in the act entitled, An act for appropriating money for the year eighteen hundred, in favor of Robert and George Watkins, was solely intended as an advance made to them to carry on a work which they have represented to be a collection of the laws now in force in the state of Georgia, and by no means, nor in any shape, contemplated to establish the same as a digest or constitutional arrangement of such laws; nor to give any legislative sanction to the same, as a code to be received in the courts of law or equity of this state, reserving the revision, expulsion or sanctioning the same or any law thereof, to a future session of the legislature. DAVID EMANUEL, President. DAVID [Illegible Text] Speaker. JAMES JACKSON, [Illegible Text] Approved December 6, 1799.

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IN THE HOUSE OF REPRESENTATIVES, SATURDAY, November 30, 1799. RESOLVED, That Zachariah Lamar, James Bozeman and David Thomas, or any two of them, be and they are hereby appointed commissioners on the part of the state, to take an inventory of all the remaining part of the public goods purchased for the Colerain treaty, and now in the hands of the state agent, and that they compare the inventory thereof when surveyed, with the invoice of said goods taken by Alexander Watt, and the commissioners of the state at that treaty, when they were delivered to the said A. Watt, at Savannah; and that they further receive and close the accounts of the state agent, as to what may be disposed of by him, or may appear deficient on examination. And his excellency the governor is hereby empowered and requested, that immediately after taking the inventory aforesaid, to authorize and order a sale of the said goods as he may think most advantageous to the state. And be it further resolved, That the above named commissioners, whilst actually engaged in the duties hereby assigned them, shall receive two dollars each per day for their services; Provided, they are not engaged more than ten days. DAVID MERIWETHER, Speaker. DAVID EMANUEL, President. JAMES JACKSON, Governor. Approved December 4, 1799.

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IN THE HOUSE OF REPRESENTATIVES, THURSDAY, December 5, 1799. RESOLVED, That commissioners be appointed on the part of this state, to [Illegible Text] with such as may be appointed on the part of the state of Tennessee, on the subject of opening a communication, and laying out a road along the nearest and most convenient rout between the two states; and that the hon. George Walton, Thomas P. Carnes and Mr. James Fielder, be and they are hereby appointed commissioners for that purpose, and that they be requested to report specially thereon to the next legislature. DAVID MERIWETHER, Speaker. DAVID EMANUEL, Prefident. JAMES JACKSON, Governor. Approved December 5, 1799. IN THE HOUSE OF REPRESENTATIVES, THURSDAY, December 5, 1799. THE committee to whom was referred his excellency's communication of the fourteenth ultimo, respecting the returns of elections for county officers, and vacancies occasioned by a failure to hold elections in some of the counties therein named; Report, That from examining the law and constitution, your committee are of opinion that the office of sheriff for the county of Greene was properly considered as a vacancy by his excellency

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the governor, and that his appointment ought to be confirmed; and in other cases where there appears to have been an equal number of votes of two persons, they are of opinion, that the executive ought to fill up the vacancies by commissioning which of the persons he may think proper. As to those counties in which no elections were held, your committee are of opinion, that as the justices of the inferior courts, and the justices of peace in some of the said counties that have recommended fit persons to fill the respective offices, such persons ought to be commissioned by his excellency. And that if in any counties no such recommendations have been made, they are of opinion, that the said justices be directed to recommend, and the offices to be filled in like manner. GRIFFIN L. LAMPKIN, for HINES HOLT, Clerk of the House of Representatives. IN SENATE, Read and concurred in. Test, WILLIAM ROBERTSON, Secretary. JAMES JACKSON, Governor. Approved December 7, 1799.

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ERRATA. Page five, last line in the title of the act, after the word state, instead of as read so. Page twenty-seven, eighth line from the top, after the word port, read and [Illegible Text].