Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia MILLEDGEVILLE: [Illegible Text] [Illegible Text] PRINTERS 18281100 English

Page 1

ACTS OF THE GENERAL ASSEMBLY OF THE State of Georgia, PASSED IN MILLEDGEVILLE AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1828 . 18281100 18281200 PUBLISHED BY AUTHORITY. MILLEDGEVILLE: [Illegible Text] [Illegible Text] PRINTERS. 1829.

Page 3

ACTS OF THE GENERAL ASSEMBLY OF The State of Georgia. PASSED IN NOV. AND DEC. 1829. Academies. AN ACT for the better distribution and application of the Poor School Fund, and to point out the mode of accounting for the disbursement of the Academy and Poor School Funds. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the clerks of the courts of Ordinary in the several counties in this State, are hereby appointed sole trustee of the poor school fund, who shall be capable of suing and being sued, under the name and style of the trustee of the poor school fund The said trustee shall before he enters upon the duties of his office, give bond with approved security to the justices of the inferior court of his county, in the sum of one thousand dollars, for the faithful performance of his duty as trustee, and at the same time take and subscribe the following [Illegible Text], before the justices of the inferior court, or a majority of them, to-wit:I, do [Illegible Text] swear that I will faithfully perform and discharge the duties of trustee of the poor school fund for the county of as the law directs; that I will not, nor shall any person for me or themselves, by or with my consent or knowledge, use any money, or sums of money coming into my hands as trustee aforesaid, for my own or

Page 4

their private useSo help me God. Which [Illegible Text] shall be [Illegible Text] upon the minutes of the inferior court, and the trustee may retain [Illegible Text] per cent. as commissions or compensations for his services as [Illegible Text] upon all sums disbursed by him. SEC. 2. And be it further enacted, That if the clerk of the [Illegible Text] of Ordinary will not accept the appointment of trustee of the [Illegible Text] school fund, the justices of the Inferior Court shall immediately [Illegible Text] to appoint some fit and discreet person in the county, trustee the poor school fund; which trustee when appointed shall be, and hereby vested with all the powers that the clerk of the Court of [Illegible Text] could possess, when acting as trustee of the poor school [Illegible Text] agreeable to the provisions of this act, and it shall be the duty of [Illegible Text] trustee appointed by the Inferior Court, to give bond and security and take the oath prescribed by this act. And whenever the [Illegible Text] of the poor school fund, whether the clerk or person appointed by [Illegible Text] Inferior Court, shall neglect or refuse to furnish the senator [Illegible Text] with a correct statement of the receipts and expenditures of the [Illegible Text] school fund, agreeable to the provisions of this act, such trustee [Illegible Text] and not be entitled to receive or retain in his hands any [Illegible Text] or compensation for his services, and the justices of the [Illegible Text] court shall immediately order suit to be brought against [Illegible Text] trustee on the bond given by him. Sec. 3. And be it further enacted, That it shall be the duty of [Illegible Text] trustee appointed by this act, or that may be appointed by the [Illegible Text] Court, to call upon all former trustees, or other persons, [Illegible Text] have heretofore received or have had charge of the disbursement the poor school funds in the several counties of this State, and [Illegible Text] them to pay over all unexpended [Illegible Text] remaining in [Illegible Text] her, or their hands; and in case of neglect or refusal to pay [Illegible Text] within twenty days after the same is demanded, the [Illegible Text] shall immediately commence an action in the superior court, for [Illegible Text] above thirty dollars, against such defaulter, for all sums [Illegible Text] and owing by him, her, or them, and for all sums of thirty [Illegible Text] and under, in a justices court. SEC. 4. And be it further enacted, That it shall be the duty the [Illegible Text] of the peace in the different captains district of [Illegible Text] county, to procure and make out a list of all children in their [Illegible Text] districts, together with their names, ages and sexes, whose [Illegible Text] indigence entitle them to a participation in the poor [Illegible Text] fund, and report them in writing to the trustee of their county[Illegible Text] list after being examined and approved of by the trustee, shall be [Illegible Text] by said trustee in a book to be kept by him for that purpose and it shall be the duty of such trustee to cause all such poor [Illegible Text] to be sent to school, whenever a school can be had sufficient near to their place of residence; and when such child or children are sent to school, the teacher shall submit his accounts to said [Illegible Text] of the peace, who shall approve or reject the same; and if [Illegible Text] account is approved, the teacher shall place the same in the [Illegible Text] of the trustee for revision and correction, on or before the [Illegible Text] Monday in October in each and every year; at which time said [Illegible Text] shall pay the account of the teacher, unless the funds in his [Illegible Text] are not sufficient to pay the whole accounts of the county of [Illegible Text] [Illegible Text]

Page 5

[Illegible Text] the funds in his hands equally amongst the poor children [Illegible Text] for that year. SEC. 5. And be it enacted by the authority aforesaid, That his Excellency the Governor is hereby authorised to draw a warrant on the Treasuror in favor of the trustee of the poor school fund for the distributive share of the poor school fund to which such county is [Illegible Text] if such trustee applies for the same in person, or draws an order upon the Governor for the same: Provided, That the justices of the [Illegible Text] court shall certify that such trustee is duly qualified to apply for the same agreeably to the provisions of this act. SEC. 6. And be it further enacted, c. That the trustees of the [Illegible Text] academies, and the trustees of the poor school fund in each county in this State, shall annually on or before the third Monday in [Illegible Text] October, transmit to the senator elect of their county, two [Illegible Text] each, of their respective [Illegible Text] and expenditures of that [Illegible Text] together with a list of the names, ages, and sexes of the [Illegible Text] children and scholars respectively educated in the county, and at [Illegible Text] academyOne copy each of said accounts respectively shall be deposited by the senator in the Executive Department, and one copy of each shall be laid before the Senatus Academicus. And if the [Illegible Text] of any academy or poor school shall fail to comply with the provisions of this act, such trustees of academy, or trustee of poor school [Illegible Text] shall not be entitled to draw any dividend of their respective academic or poor school fund, until the amount previously received by said trustees or trustee, shall be respectively accounted for, either to his Excellency the Governor or the Senatus Academicus. SEC. 7. And be it further enacted, c. That the trustees of the several academies or justices of the Inferior court, or trustees of the poor school fund in the several counties in this State, who shall at any time hereafter, make to his excellency the Governor a full and fair statement of the receipts and expenditures of their respective several academies or poor school funds heretofore drawn by them for such county or academy; also showing in what manner the monies received by them from the treasury, have been applied and expendedand also showing what amount is due and owing by [Illegible Text] trustees or others who have received or had charge of their several respective academic or poor school funds in the several [Illegible Text] of this State; then and in that case, his excellency the Governor shall be, and be is hereby authorised to draw a warrant on the [Illegible Text] in favor of the different academies respectively and severally, and the trustees of poor schools for all arrears which their counties or academies may be entitled to. Sec. 8. And be it further enacted, That his Excellency the Governor shall not draw a warrant on the treasurer in favor of the trustees of any academies, unless it is on the personal application of one or [Illegible Text] of the trustees, or a written order for the same, signed by a [Illegible Text] of the trustees of such academy Sec. 9. And be it further enacted, c. That when there are two [Illegible Text] more incorporated academies in any one county, and the trustees of either academy fail to exhibit a satisfactory account of their respective several disbursements in terms of this act, the trustees of the academy or academies in the same county which do thus account.

Page 6

shall be entitled to draw the whole dividend provided for said county or counties, for every year in which there may be a failure as aforesaid. Sec. 10. And be it further enacted, That the justices of the inferior courts throughout this State shall have power to order an appropriation of any part or portion of the surplus county funds in aid of the provisions now, or which may hereafter be made, for the benefit of county academies, or the education of poor children. Sec. 11. And be it further enacted, That all laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 22, 1828. AN ACT to authorise the Justices of the Inferior Court of Newton county, to convey to the trustees of Newton county academy, at Covington, a part of the land heretofore purchased for county purposes, for the purpose of erecting thereon an academy edifice. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior court of Newton county, or a majority of them, be and they are hereby [Illegible Text] and empowered, out of any land heretofore purchased for county purposes, and not otherwise disposed of, to convey to the trustees of the Newton County Academy, at Covington, in fee simple, such portion thereof as may be thought necessary for the purpose of erecting an academic edifice thereon, and such other lot or lots of land as the said justices of the Inferior Court may think proper to convey to the trustees aforesaid, by way of donation or otherwise. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 22, 1828.

Page 7

AN ACT to incorporate Concord Academy, in Monroe county, and to appoint trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, that John Middleton, Josiah Grimes, William Powell, James Mays and John K. Simmons, and their successors in office, be and they are hereby declared to be a body politic and corporate by the name and style of the Trustees of Concord Academy, as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorised to make such bye-laws and regulations as may be necessary for the said academy: Provided such bye-laws be not repugnant to the Constitution and laws of this State; and for that purpose may have and use a common seal, appoint such officers as they think proper, and remove the same from office for improper conduct or neglect of duty. Sec. 2. And be it further enacted, That the said Trustees be capable of accepting and being invested with all manner of property, real and personal, all donations, gift,s grants, privileges and immunities whatsoever, which may belong to said institution, or which may hereafter be conveyed or transferred to them, or their successors in office, to have and to hold the same, for the proper benefit and behoof of said academy. Sec. 3. And be it further enacted, That when any vacancy may happen by death, resignation, or otherwise, of any of the trustees of Concord Academy, the survivors or remaining trustees shall fill the same in such manner as shall be pointed out by the bye-laws and regulations of the trustees aforesaid. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 8

AN ACT to add an additional number of Trustees to Hall county Academy. 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 Samuel Finley, Moren Moore, Robert Mitchell, George Hawpe, and Samuel K. Oliver, be and they are hereby appointed trustees of Hall county academy, in addition to those heretofore appointed by law, and that a majority of said trustees shall form a quorum for the transaction of business. Sec. 2. And be it further enacted, That all laws, so far as they militate against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828. AN ACT to incorporate the county academy in the town of Newnan, in the county of Coweta, and to appoint trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Zachariah Philips, Levi T. Wilborn, John Dickson, James Hutchinson, James Thompson, [Illegible Text] James M. Lyon, and William Henry, be and they are hereby appointed, they and their successors in office, shall be and are hereby declared a body corporate by the name and under the title of the Trustees of the Newnan Academy, in the county of Coweta, with the privilege of using a common seal. Sec. 2. And be it further enacted, That the said Trustees and their successors in office, or a majority of them, are hereby authorised and empowered to appropriate in the manner they may think best calculated to promote the interest of the aforesaid institution, and to erect suitable edifices for the promotion of Literature, all monies and specialties belonging, or in anywise appertaining to the said institution.

Page 9

Sec. 3. And be it further enacted, That the aforesaid trustees, and their successors in office or a majority of them, are hereby authorised to make such bye-laws and regulations as may be necessary for the government of said Academy: Provided, that such bye-laws and regulations be not repugnant to the Constitution and laws of this State. SEC. 4. And be it further enacted by the authority aforesaid, That the said trustees, and their successors in office, be entrusted with all manner of property, both real and personal, all donations, gifts, grants, and immunities whatsoever, which may belong to said institution by virtue of this act, or which may hereafter be made, conveyed, or transferred to them, their successors in office, to have and to hold the same. Sec. 5. And be it further enacted, That the trustees aforesaid, and their successors in office, shall and they are hereby declared to be capable of suing and being sued, plead and being impleaded, and of using all necessary and lawful means for securing and defending any property, debts, demands whatsoever, which they may claim or demand in right of said institution; and also of receiving the rents, issues and profits of the same, or any part thereof. SEC. 6. And be it further enacted by the authority aforesaid, That should any vacancy happen in said board of trustees, by death, resignation, or removal of any of the trustees of said academy, hereby authorised and established, such vacancy or vacancies, shall be filled in such manner as a majority of the remaining trustees may point out in their bye-laws and regulations at their first meeting after the passing of this act, or at any meeting thereafter: Provided, that the same shall not exceed twelve months. SEC. 7. And be it further enacted by the authority aforesaid, That the said trustees shall have power to select and appoint a secretary to said board; and shall also have power to appoint a treasurer, who before he enters on the duties of his office, shall give bond and approved scenrity to the said board of trustees for the time being, and their successors in office, in such sum as said board may require, not under two thousand dollars, for the faithful discharge of the trust reposed in him. Sec. 8. And be it further enacted, That said trustees, and their successors in office, be and they are authorised and empowered to remove at their discretion, any rector or other officer by them hereafter appointed for said academy. Sec. 9. And be it further enacted, That all laws and parts of laws, militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 16, 1828.

Page 10

AN ACT to authorise certain Commissioners therein named, to raise by lottery the sum of ten thousand dollars for the benefit of the Fayette county academy. 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 Morton N. Burch, L. Goodwin, Nathaniel [Illegible Text] and Jesse J. Robinson, Esqrs. together with the present trustees of the Fayette county Academy, and their [Illegible Text] in office, be and they are hereby authorised to raise by lottery, a sum not exceeding ten thousand dollars, for the benefit of said academy. Sec. 2 And be it further enacted, That said Commissioners are hereby authorised to divide said lottery into as many separate schemes or drawings as in their judgment shall best suit the interest of said academy; and any sum or sums of money which may be raised by said commissioners under and by virtue of this act, after deducting the necessary expenses of said lottery, shall be by them paid into the hands of the trustees of said academy, for the benefit thereof. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 8, 1828. AN ACT to consolidate the several acts incorporating the [Illegible Text] County Academy, and to add an additional number of trustees to the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Shelton White, James Upshaw, Richard Fortson, John A. Heard, Thomas Jones, Wiley [Illegible Text] J. V. Harris, and Nathaniel Knuckles, be and they are hereby appointed trustees of the Elbert county academy, and as such shall be able and liable in law to sue and be sued, plead and be impleaded, and [Illegible Text] be authorised to make such bye-laws and regulations [Illegible Text]

Page 11

may be necessary for the government of said academy: [Illegible Text] such bye-laws are not repugnant to the Constitution and laws of [Illegible Text] StateAnd for that purpose may have and use a common seal, [Illegible Text] point such officers as they may think proper, and remove the [Illegible Text] from office for improper conduct or neglect of duty. Sec. 2. And be it further enacted, That the said trustees shall capable of accepting and being vested with all manner of [Illegible Text] real and personal, all donations, gifts, grants, privileges and [Illegible Text] whatsoever, which may belong or which may hereafter be [Illegible Text] or transfered to them or their successors in office, to have [Illegible Text] to hold the same for the proper benefit and [Illegible Text] of said [Illegible Text] Sec. 3. And be it further enacted, That it shall and is [Illegible Text] made the duty of the said trustees, and their successors in office, lay before the grand jury at the Fall Term of the Superior Court said county, in each year, a full and correct statement of the [Illegible Text] and investments of the funds of said institution, in such [Illegible Text] and form as they may think proper, or said jury [Illegible Text] And the said returns shall by the said jury be delivered to the [Illegible Text] of said court, and it shall be the duty of said clerk to deliver [Illegible Text] same to the senator elect from said county, to be by him laid [Illegible Text] the Senatus Academicus, when thereunto required. Sec. 4. And be it further enacted, That the said trustees be, an they are hereby required to appoint a treasurer, separate and [Illegible Text] from their own board, and to take good and sufficient security [Illegible Text] the faithful performance of the duties required of him, in such [Illegible Text] as will effectually secure said institution against any loss [Illegible Text] might happen by his misconduct. Sec. 5. And be it further enacted, That when any vacancy [Illegible Text] happen by death, resignation, [Illegible Text] otherwise, of any of the trustees [Illegible Text] said academy, the survivors, or a majority of the said trustees, [Illegible Text] fill the same in such manner as shall be pointed out by the [Illegible Text] and regulations of the said trustees. Sec. 6. And be it further enacted, That all laws and parts of [Illegible Text] militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 12

AN ACT to authorise the Trustees of the Lawrenceville Academy, in the county of Gwinnett, to raise by lottery the sum of five thousand dollars, for the use and benefit of said academy. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Trustees the of Lawrenceville Academy, in the county of Gwinnett, and their successors in office, be and they are hereby authorised to raise by lottery, a sum not [Illegible Text] five thousand dollars, for the benefit of said academy. Sec. 2. And be it further enacted, That William [Illegible Text] William Richardson, Elisha Wynn, Azahel R. Smith, Thomas W. Alexander, and [Illegible Text] [Illegible Text] or a majority of them, be and they are hereby appointed commissioners to superintend and conduct said lottery; and the said commissioners are hereby authorised to divide said lottery into as many separate schemes or drawings as in their judgment shall best suit the interest of said academyAny and all sums of money which may be raised by said commissioners under and by virtue of this act, after deducting the necessary expenses of said lottery, shall be by them paid over to the trustees of said academy, or a majority of them, for the use and benefit of said academy IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 19, 1828.

Page 13

AN ACT to incorporate the Smithville Academy in Early county, and to appoint two Trustees for the same, and to make valid the acts of the Commissioners of said Academy. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the academy now in operation, in the county of Early, called and known by the name of the Smithville academy, shall be called and known by that name, and that Simon Green and Thomas B. Peterson together with John Dill, Richard Grimsley and James Bush, now in office and their successors in office, be and they are hereby declared to be a body politic and corporate, by the name and stile of the trustees of the Smithville academy, and as such be capable and liable in law to sue, and be sued, plead and be impleaded, and shall be authorised to make such bye-laws and regulations as may be necessary for the government of said academy, Provided such bye-laws are not repugnant to the constitution and laws of this state; and for that purpose, may have and use a common seal, appoint such officers as they may think proper and remove the same from office for improper conduct or neglect of duty. Sec. 2. And be it further enacted, That the said trustees shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts and grants, privileges and immunities whatsoever, which may belong to said institution, or which may hereafter be conveyed, appropriated or transferred to them, or their successors in office, to have and to hold the same for the proper benefit and behoof of said academy. Sec. 3. And be it further enacted, That when any vacancy may happen, by death, resignation or otherwise of any of the trustees of said academy, the survivors or a majority of said trustees shall fill the same in such manner as shall be pointed out by the bye-laws and regulations of the trustees aforesaid. Sec. 4. And be it further enacted, That the acts of the commissioners of the said academy, up to the 26th December, 1827, so far as relates to the employment of a teacher for the academy aforesaid, be and the same is hereby legalised and made valid. Sec. 5. And be it further enacted, That the commissioners of the Smithville academy, be and they are hereby subject to, and liable to an action, of the trustees of the Blakely academy, as was pointed out by an act, passed the 26th of December, 1827, as fully, if the Smithville academy had been incorporated, previous to the passage of said act--any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 19, 1828.

Page 14

AN ACT to establish and fix the name of the Academy in the town of Columbus, in Muscogee county, and to incorporate the Trustees thereof. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the academy in the town of Columbus, in Muscogee county, be called, and known by the name of, and under the title of the Muscogee Academy and that, Ira Scott, William D. Lucas, Sidney Cook, Samuel B. Head, and Edwin L. Degrafenried, be, and they are hereby appointed trustees, and they, and their successors in office, shall be, and they are hereby declared to be a body, corporate by the name, and under the title of the trustees of the Muscogee Academy, with the privilege of using a common seal. Sec. 2. And be it further enacted, That the said trustees, and their successors in office, or a majority of them are hereby authorised, and empowered, to appropriate any [Illegible Text] and specialities belonging to, or apertaining to the said institution, in the manner they may think best calculated for the interest of the same, and to erect suitable [Illegible Text] for the promotion of literature. Sec. 3. And be it further enacted by the authority aforesaid, That the aforesaid trustees, and their successors in office, or a majority of them, are hereby authorised, to make such bye-laws, from time to time, as may be necessary for the government of said academy: Provided always, that such bye-laws, are not repugnannt to the constitution, and laws of this State, and that the said trustees, be entrusted with all property, both real and personal, all donations, gifts, grants, privileges and immunities, whatsover, which may belong to said institution, by virtue of this act, or which may hereafter be made, conveyed or transferred to them, or their successors in office, to have and to hold the same. Sec. 4. And be it further enacted by the authority aforesaid, That the trustees aforesaid, and their successors in office, shall, and they are hereby declared to be capable of suing, and being sued, pleading, and being impleaded, and of using all necessary, and lawful means, for securing and defending any property debts, or demands whatsoever, to which they may be entitled in right of said institution, and also for the recovery of the rents, issues, and profits, of the same, or any part, or parcel thereof. Sec. 5. And be it further enacted, That should any vacancy happen by death, resignation, or otherwise of any of the trustees of said academy, hereby authorised, and established, it shall be filled in such manner as a majority of the remaining trustees, may point out, in their regulations, at their first meeting after the passage of this [Illegible Text] Provided, said meeting, takes place within twelve months.

Page 15

Sec. 6. And be it further enacted, That the said trustees, shall have power to select a treasurer, who shall give bond, with approved security, to the said board of trustees, for the time being, and their successors in office, in the sum of ten thousand dollars, for the faithful discharge of the trust reposed in him. Sec. 7. And be it further enacted by the authority aforesaid, That all laws, and parts of laws, militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 16, 1828. AN ACT to incorporate, and appoint Trustees for the Washington Academy, in Talbot county, the Hamilton Academy, in Harris county, the Social Circle Academy, in Walton county, the Flint River Academy, in Houston county, the Marion county Academy, the Merriwether county Academy, and the Byron Academy of the county of Baker. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That John P. Blackman, Samuel C. Leach, Thomas G. Bugg, Henry Mims, William McMurry, H. R. Ward, William Goss, their successors in office, are hereby appointed trustees of Washington Academy, in Talbot county, and that Allen Lawhon, Wm. C. Osborn, John J. Slatter, George W. Rogers, Daniel Hightower, Thomas Mahone, John J. Harper, H. J. Harwell, and Samuel A. Billing, and their successors in office, are hereby appointed trustees, of Hamilton academy, in Harris county, and that Wilson Whatley, Joseph Peoples, Wildon Jones, James Phillips, and Ehsha Henderson, and their successors in office, be and they are hereby appointed, trustees of the Social Circle academy in Walton county, and that Jacob Dunn, Kennedy Dennard, William N. L. Crocker, John Stapler and Walter L. Campbell, and their successors in office, are hereby appointed trustees of the Flint river academy, in Houston county, and that William B. Brooks, Joseph C. Brooks, William Wells, John R. Semore and Wiley Williams, and their successors in office, be and are hereby appointed trustees of the Marion county academy, and that H. W. Ector, Alfred Welborn, John L. Jones, Abraham Ragan, and James A. [Illegible Text] and their successors in office be, and are hereby appointed

Page 16

trustees, of the Merriwether county academy; that Young Allen, Samuel Howard, Stafford Long, Thomas Brewner, Thomas Porter, Isaac Welch and Robert Hardie, and their successors in office be, and they are hereby appointed trustees for the Byron academy, of the county of Baker. Sec. 2. And be it further enacted by the authority aforesaid, That the said trustees, and their successors in office be, and they are hereby delared to be a body politic, and incorporate by the name, and stile of the trustees, of the several academies, before mentioned, and as such shall be capable, and liable in law, to sue, and be sued, plead and be impleaded, and shall be authorized to make such bye-laws, and regulations as may be necessary for the government of said acadomies, Provided such bye-laws, are not repugnant to the constitution, or laws of this State, and for that purpose, may have, and use a common seal, and appoint such officers as they may think proper, and remove the same from office. Sec. 3. And be it further enacted, That the said trustees, of the before mentioned academies, shall be capable of accepting, and being invested with all manner of property, real and personal, all donations, gifts, grants, privileges, and immunities, whatsoever, which may belong to the said institutions, or which may hereafter be conveyed, or transferred to them, and their successors in office, to have, and to hold the same, for the proper benefit, and behoof of the said academies severally. Sec. 4. And be it further enacted, That when any vacancy shall happen, by death, resignation, or otherwise of any one or more of the trustees of the said academies, the survivors, or a majority of them, shall fill the same, in such manner as may be pointed out, by the bye-laws of said academies. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 22, 1828.

Page 17

AN ACT to authorise the Trustees of the Madison county Academy, to raise by lottery the sum of five thousand dollars for the benefit of said Academy. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the trustees of the Madison county academy and their successors in office or a majority of them, be, and they are hereby authorised to raise by lottery the sum of five thousand dollars for the benefit of said academy, under such regulations and such schemes as in their judgment shall be best calculated to promote the interest of said academy. And all sums of money which shall be raised by virtue of this act, shall (after defraying the expenses of said lottery,) be applied by the trustees of said academy, or their successors in office to, and for the use of said academy; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 17, 1828. AN ACT to incorporate Jefferson Academy in Twiggs county, and to appoint Trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, there shall be established near Raines' Store in Twiggs county, an academy to be called and known by the name of Jefferson Academy, and that Thomas W. Terrell, John R. Lowry, James Guerry, sen. James Willis, and John E. Dennard, and their successors in office be, and they are hereby declared to be a body poliitic and corporate, by the name and style of the trustees of Jefferson academy, and as such be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorised to make such bye-laws and regulations as may be necessary for the government of said academy: Provided, such bye-laws are not repugnant to the constitution and laws of this State; and for that purpose, may have

Page 18

and use a common seal, appoint such officers as they may think proper, and remove the same from office for improper conduct or neglect of duty. Sec. 2. And be it further enacted, That the said trustees shall be capable of accepting and being vested with all manner of property, real and personal, all donations, gifts, grants, privileges and immunities whatsoever which may belong to said institution, or which may be hereafter conveyed, appropriated, or transferred to them or their successors in office, to have and to hold the same for the proper benefit and behoof of said academy; and they shall be entitled to an equal share of all [Illegible Text] heretofore, or which may be hereafter appropriated to the academy or academies of said county by the laws of said State appropriating funds for the benefit of academies. Sec. 3. And be it further enacted, That when any vacancy may happen by death, resignation, or otherwise, of any of the trustees of said academy, the survivors or a majority of said trustees, shall fill the same in such manner as shall be pointed out by the bye-laws and regulations of the trustees aforesaid. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 17, 1828. AN ACT to repeal a part of the Act entitled An Act to appoint additional Trustees for the Academy of Jefferson county, c. passed on the twenty-second day of December, eighteen hundred and twenty-seven. Whereas, it was believed at the time of the passage of the above recited act, that the poor school funds of the county of Jefferson had so accumulated, that it could well spare the amount added by said act to the academy, without the slighest injury to the operations of the poor school of that county; but the fact being now ascertained to be otherwise, and the trustees of the academy having placed the sum so added into the hands of the trustees of the poor school [Illegible Text] that county for poor school [Illegible Text]

Page 19

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 so much of the said recited act as adds the sum of four hundred dollars of the poor school fund of Jefferson county, to the funds of the academy of that county, be, and the same is hereby repealed, and the said sum is hereby re-vested in the trustees of the poor school fund of that [Illegible Text] IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 17, 1828. AN ACT to add a certain number of Trustees to the Washington Academy in the county of Gwinnett. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That John Baker and Thomas Morgan be, and they are hereby appointed trustees of the Washington Academy in the county of Gwinnett, in addition to those already appointed; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 8, 1828.

Page 20

AN ACT to incorporate Hebron Academy in Monroe county, [Illegible Text] appoint Trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the academy in Monroe county, now known and called by the name of Hebron academy, shall be known and called by that name, and that Gabriel Christian, Thomas W. Davis, William F. Jackson, James Perdue, and Davis Smith, and their successors in office be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of Hebron Academy, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorised to make such bye-laws and regulations as may be necessary for the said academy Provided, such bye-laws be not repugnant to the constitution and laws of this State; and for that purpose may have and use a common seal, appoint such officers as they think proper, and remove the same from office for improper conduct or neglect of duty. Sec. 2. And be it further enacted, That the said trustees shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts, grants, privileges and immunities whatsoever which may belong to said institution, or which may hereafter be conveyed or transferred to them or their successors in office, to have and to hold the same for the proper benefit and behoof of said academy. Sec. 3. And be it further enacted, That when any vacancy may happen by death, resignation, or otherwise, of any of the trustees of Hebron academy, the survivors or remaining trustees shall fill the same in such manner as shall be pointed out by the bye laws and regulations of the trustees aforesaid. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate JOHN FORSYTH, Governor. Assented to, December, 19, 1828.

Page 21

AN ACT to be entitled an act to incorporate [Illegible Text] County [Illegible Text] and to appoint Trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Solomon Bryan, Augustus S. Jones, Hardy Scarborough, Robert M. Williamson, jr. Wm. Cooper, Seabourn Goodall, and Mulford Marsh, are appointed, and, they and their successors in office shall be and they are hereby declared to be a body corporate by the name and style of the trustees of the Seriven county academy, with the privilege of having and using a common seal. Sec. 2. And be it further enacted, That the trustees aforesaid and their successors in office, or a majority of them, are hereby authorised and empowered to appropriate in the manner they may think best calculated to promote the interest of said institution, and erect suitable edifices for the education of youth, all [Illegible Text] and specialties belonging or in anywise appertaining to the said institution. Sec. 3. And be it further enacted, That the said trustees and their successors in office, or a majority of them, are hereby authorised to make such bye-laws and regulations as may be necessary for the government of said academy: Provided, such bye-laws and regulations be not repugnant to the Constitution and laws of this StateAnd that they shall be invested with all manner of property, both real and personal, all donations, gifts, grants, privileges and immunities whatever which may belong to said institution, by virtue of this act, or which may hereafter be made, conveyed, or transfered to them or their successors in office, to have and to hold the same for the proper use, benefit and behoof of said academy. Sec. 4. And be it further enacted, That the trustees of said institution, and their successors in office, shall be and they are hereby declared to be capable of suing and being sued, pleading and being impleaded, and using all manner of lawful measures for recovering or defending any property, debts or demands whatsoever, which they may claim or demand in right of said institution, or any [Illegible Text] or parcel thereof. Sec. 5. And be it further enacted, That all vacancies that may happen in the board of said trustees, shall be filled in such manner as a majority of the survivors shall point out. Sec. 6. And be it further enacted, That it shall be, and is hereby the duty of said trustees to lay before the grand jury at the first term of the Superior Court of said county, in each year, a full and correct statement of the situation and investments of the funds of the said institution, in such manner and form as they may think proper

Page 22

or said jury recommendAnd the said returns shall by the said jury be delivered to the clerk of said court, and remain [Illegible Text] his office until the general election next ensuing, when it shall be the duty of said clerk to deliver the same to the senator of said county, to be by him laid before the Senatus Academicus, when thereunto required. Sec. 7. And be it further enacted by the authority aforesaid, That the commissioners aforesaid shall have power to appoint a treasurer, who shall give bond with approved security, payable to his Excellency the Governor, and his successors in office, in the sum of two thousand dollars, for the faithful performance of the duties of said office. Sec. 8. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 23

Appropriations. AN ACT to appropriate Monies for the support of Government for the Political year eighteen hundred and twenty-nine. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the following sums of money be, and the same are hereby appropriated for the political year eighteen hundred and twenty-nine, viz: The salary of His Excellency the Governor, shall be three thousand dollars per annum. The Secretaries to the Governor, (not exceeding three) one thousand dollars each per annum. The Secretary of State, two thousand dollars. The Treasurer, two thousand dollars. The Surveyor General, two thousand dollars. The Comptroller General, two thousand dollars. The Clerk of the House of Representatives and Secretary of the Senate, six hundred dollars each Provided, that no warrant shall issue for the first quarter's salary of the Secretary of the Senate and Clerk of the House of Representatives, until the Executive shall have satisfactory evidence that the said Secretary of the Senate and Clerk of the House of Representatives, have respectively made, or caused to be made, and attached to the journals of the present session, good and sufficient indexes. The Judges of the Superior courts, twenty-one hundred dollars each. The Attorney General and seven Solicitors-General, two hundred and twenty-five dollars each. For the Inspectors of the Penitentiary, not exceeding three, two hundred and twenty-four dollars eachwhich several sums shall be, and they are hereby appropriated for their use, to be paid quarter yearly, by warrant from the Governor on the Treasurer, out of any money not specially appropriated. Sec. 2. And be it further enacted, That for defraying the expenses of the Penitentiary, a sum not exceeding five thousand dollars be, and the same is hereby appropriated. And for a Printing Fund, not exceeding twenty thousand dollars.

Page 24

And the sum of twenty thousand dollars be, and the same is hereby appropriated and set apart as a contingent fund, subject to the orders of the Governor during the political year 1829. Sec. 3. And be it further enacted, That for the compensation of the members of the legislature four dollars each per day during their attendance be appropriated, and the sum of four dollars for every twenty miles in coming to and returning from the seat of government. And the sum of six dollars each per day, to the President of the Senate and Speaker of the House of Representatives, during their attendance, and the sum of four dollars for every twenty miles in coming to and returning from the Seat of Government. To the Clerk of the House of Representatives and Secretary of the Senate during the session of the Legislature, six dollars each per day, and the sum of sixty dollars for contingent expenses each. To the two engrossing Clerks, and an assistant clerk of the House of Representatives, and two engrossing clerks in the Senate, six dollars each per day. To the Clerk of the Committee on Finance, eighty dollars. And the Clerk of the Committee on the State of the Republic, eighty dollars. And the Clerk to the Committee on Agriculture and Internal Improvement, the Judiciary, Public Education and Free Schools, eighty dollars each. And to the Clerk of the Joint Penitentiary Committee, fifty dollars. To the messengers and door-keepers of the legislature, four dollars each per day, during the session. To Rhodam A. Greene the sum of the one hundred dollars, for airing, scouring, and taking care of the Senate and Representative Chambers, and making fires on wet days. To Peter Fair the sum of one hundred dollars, for winding up the clock, keeping clean the stair-cases, passages, c. To William Watkins, twelve dollars and fifty cents, agreeable to a concurred resolution. To Jesse II. Arnold, five dollars sixteen and one fourth cents, it being the amount of tax overpaid by him. Sec. 4. And be it further enacted, That the sum of one hundred and twenty-two dollars eighty-seven and a half cents, be and the same is hereby appropriated for the payment for printing and stationary for the use of the Fraction selling Commissioners. Sec. 5. And be it further enacted, That the sum of nine dollars and four cents, be and the same is hereby appropriated for the use of Silas Granberry, agreeable to a concurred resolution. To Everard Hamilton, Secretary of State, one and an half per cent on the amount he audited and settled on behalf of the State, with undertakers and others employed in making the late addition to the State-house. To O.M. Curtis and M. W. Thweatt, for services rendered under a resolution of the House of Representatives, at and after the rate of six dollars a day each for the time they were employed, agreeable to the certificate of the Treasurer.

Page 25

To Thomas Mitchell, the sum of one thousand and sixty-five dollars for surveying islands in the [Illegible Text] river, under an Executive appointment and order, subject to a deduction for all advances heretofore made to him by the Governor. To Thomas White one hundred dollars, agreeable to a concurred resolution of both branches of the Legislature. That the sum of two hundred dollars be appropriated and subject to the order of the Commissioners of Savannah river, residing in the counties of Richmond and Columbia, to enable them to keep open the main sluice of said river by the removal of fish traps, fish dams, and other artificial obstructions in said river. To T. B. Howard, Comptroller-General, four hundred dollars for preparing a list of balances due the State, made in pursuance of a resolution of the Legislature, approved 22d December, 1826, and furnished the Committee on Finance during the present session. Sec. 6. And be it further enacted, That the sum of one hundred dollars be paid to Frederick Williams, surveyor of the sixteenth district of Carroll county, agreeable to a concurred resolution. To the Assisting Engrossing Clerks employed by the Secretary of Senate and Clerk of the House of Representatives, by direction of the General Assembly, six dollars each per day while in service. Sec. 7. And be it further enacted, That the sum of seven thousand three hundred and thirty-five dollars be, and the same is hereby appropriated for the use of the Academies of the counties of Carroll, Coweta, Troup, Merriwether, Harris, Talbot, Muscogee, Marion, and Lee, the same to be equally divided and paid over to the trustees of the academies of the aforesaid counties, being their endowments to place them on a footing with the other counties of the State that have received the like sum. And the further sum of one hundred and ninety-six dollars fifty cents to John Bethune, agreeable to a concurred resolution. To Carlton Wellborn three hundred and fifty dollars, agreeably to a concurred resolution. To George R. Clayton fifty dollars, agreeable to a concurred resolution. To William Aaron, one hundred dollars, agreeably to a concurred resolution. To Thomas B. Stubbs, one hundred and twenty-four dollars sixty-six cents, agreeably to a concurred resolution. To Wiley W. Gaither, the sum of ninety-eight dollars, agreeably to a concurred resolution. To Benjamin F. Harris, late Solicitor-General of the Flint circuit, the sum of three hundred and forty dollars and nineteen cents, agreeably to a concurred resolution. To Simon Holt, the sum of one hundred and twenty-four dollars, agreeably to a concurred resolution. To C. C. Burch Contractor for the enlargement of the Representative Hall, c. when he shall have completed his work agreeably to the contract made him for enlarging the State-House, a sum not exceeding seven hundred dollars, agreeably to a concurred resolution.

Page 26

To Thomas H. Kenan, the sum of one hundred dollars, when he shall have complied with the requisitions of the report and resolutions from the military committee, which have been concurred in. To the Trustees of the Poor School in Habersham county, the sum of five hundred and twenty dollars and thirty-one cents, agreeably to a concurred resolution. To John McBride late Surveyor General, the sum of five hundred and eight dollars, agreeably to a concurred resolution. To William C. Dawson, Esq. Clerk of House of Representatives, the sum of five hundred dollars, agreeably to a concurred resolution. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 20, 1828. Banks. AN ACT to be entitled an act, to incorporate a Bank in the town of Columbus, to be called the Bank of Columbus. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That a bank shall be established in the town of Columbus, the capital stock whereof, shall be three hundred thousand dollars, to be divided into three thousand shares, of one hundred dollars each, of which five hundred shares, shall be reserved until the first day of January, in the year 1830, on the original terms, then or at any previous time to be taken by the State, according to the pleasure of the legislature; whereby the State at any subsequent election shall be entitled to two Directors, and if they be not then taken by the State, to be disposed of in manner hereinafter provided for; and also with the privilege of increasing such capital at any time thereafter, as the Stockholders may [Illegible Text] to the sum of [Illegible Text] [Illegible Text] of dollars, which increased capital shall be divided into shares as above.

Page 27

Sec. 2. And be it further enacted, That subseriptions for constituting the capital of said bank, shall be opened on the second day of March next, at the town of Columbus, under the superintendance of Nicholas Howard, Sowel Woolfolk and Thomas G. Gordon, for five hundred shares; at Hamilton, in the county of Harris, under the superintendance of P. T. Biddle, Thomas L. Jackson and George H. Bryan, for one hundred shares; at La Grange, in the county of Troup, under the superintendence of Richard A. Lane, William Dougherty and Hampden Smith, for one hundred shares; at Newnan, in the county of Coweta, under the superintendance of Zach. Philips, Randal Robeson, and Saml. D. Echols, for fifty shares; at Decatur, in the county of DeKalb, under the superintendence of William Ezzard, Jesse F. Cleveland, and William Latimer, for fifty shares; at Fayetteville, in the county of Fayette, under the superintendance of John Burke, Jeremiah Mann, and Jesse J. Robinson, for fifty shares; at Lawrenceville, in the county of Gwinnett, under the superintendance of Asahel R. Smith, Edward Thompson, and Green W. Smith, for fifty shares; at Covington, in the county of Newton, under the superintendance of [Illegible Text] Neal, Cary Wood, and Solomon Worrell, for fifty shares; at McDonough, in the county of Henry, under the superintendance of William [Illegible Text] Amasa Spencer, and William L. Crayton, for fifty shares; at Jackson, in the county of Butts, under the superintendance of Joel Bailey, William Bradley, and John Hall, for fifty shares; at Zebulon, in the county of Pike, under the superintendance of Alva Wilson, D. Woodbury, and John Neal, for fifty shares; at Thomaston, in the county of Upson, under the superintendance of I. B. Bateman, Thomas Beall, and William P. Young, for fifty shares; at Greenville, in the county of Merriwether, under the superintendance of H. W. Ector, Alfred Wellborn, and A. Ragan, for fifty shares; at Talbotton, in the county of Talbot, under the superintendance of John P. Blackman, G. W. B. Towns, M. W. Perry, for one hundred shares; at Fort Gaines, in the county of Early, under the superintendance of John Dill, William Huson, and A. M. Watson, for one hundred shares; at Forsyth, in the county of Monroe, under the superintendance of Elias Beall, Pitt Milner, and A. H. Chappell, for one hundred shares; in the town of Macon, under the superintendance of H. G. [Illegible Text] J. D. Chapman, and Nicholas Childers, for three hundred shares; in the town of Milledgeville, under the superintendance of Seaton Grantland, J. S. Calhoun, and P. A. Clayton, for three hundred shares; in the town of [Illegible Text] under the superintendance of William C. Dawson, Thomas W. [Illegible Text] and Thomas Stocks for four hundred shares; a majority of [Illegible Text] at each place, shall be competent to the discharge of their duties; and the books of subscription, shall be kept open for the space of three days, at each place (unless the number of shares allotted to each place, shall be sooner subscribed for, in which event, it shall be the duty of the Commissioners to close the books so soon as the stock shall be taken) during which time it shall, and may be lawful for any person or copartnership, being citizens of the United States, corporation or body politic, established in the United States, (banking

Page 28

institutions excepted) to subscribe for any number of shares, not exceeding fifty, except as hereinbefore provided, relative to the State: Provided, that if the whole number of shares be not taken up within the space of three days as aforesaid, then, and in that case, it shall, and may be lawful, for any person or copartnership, corporation or body politic, except as hereinbefore excepted, to subscribe for any number of shares [Illegible Text] for as aforesaid; and the sums respectively subscribed for, shall be payable in manner following, viz: five per cent, at the time of subscribing, and fifteen per cent, at the expiration of four months thereafter, and the balance of eighty per cent, at such times as the same shall be required by the Directors: Provided that sixty days notice, of the time, at which such payment is required to be made, be given in one of the Gazettes of Columbus, Macon, and Milledgeville, and provided that no payment shall be requested at any time, between the first of July, and the first of November, in one any year. Sec. 3. And be it further enacted, That if there shall be a failure, in the payment of any sum, subscribed by any person, copartnership, or body politic, when the same is required to be paid by this act, or when it shall be required to be paid by the Directors, the share or shares, upon which such failure shall happen or accrue, shall be for such failure forfeited, and may be again sold, and disposed of in such manner as the Directors shall order and provide, and the proceeds from such sale, together, with the sum or sums, which may have been paid, thereon shall [Illegible Text] to the benefit of said corporation. Sec. 4. And be it further enacted, That all those who shall become subscribers to the said bank, their successors, and assigns, shall be, and they are hereby created, and constituted, a corporation and body politic, by the name, and style of The bank of Columbus and by that name, shall be, and are hereby made, able and capable in law, to have, hold, purchase, receive, possess, enjoy, and retain to them, and their successors, lands, rents, tenements, hereditaments, goods, chattels, and effects, of whatsoever kind, nature or quality, the same may be; and the same to sell grant demise, alien or dispose of; to sue 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, use and have a common seal, and the same to break, alter, and renew, at their pleasure; and also to ordain, establish, and put in execution, such bye-laws, rules, and regulations, as seem necessary, and convenient for the government of said corporation; Provided that such bye-laws, rules and regulations, be not contrary to the constitution, and laws of this State, or of the United States: and generally to do, and execute, all and singular, such acts, matters and things, as to them, may or shall appertain, subject nevertheless, to the rules, regulations, restrictions, limitations and provisions, hereinafter prescribed. Sec. 5. And be it further enacted, That for the well ordering of the affairs of said corporation, there shall be seven Directors, who

Page 29

shall be elected as soon as gold or silver coin, or bills of the bank of the United States, to the amount of fifty thousand dollars, of the subscription for the said stock, shall have been received; and in each, and every year thereafter, the Directors shall be chosen, by the stockholders, or proprietors of the capital stock of said corporation, when a plurality of votes given in, shall be required to make a choice, and those, who shall be duly chosen at any election, shall be capable of serving as Directors, by virtue of such choice, until the end, or expiration of the first monday in November next, ensuing the time of such election, and no longer; and the said Directors, at their first meeting, after each election, shall choose one of their own members as President, and in case of his death, [Illegible Text] removal from the State, or from the board of Direction, the said Directors shall proceed, to fill the vacancy by a new election, for the remainder of the year: Provided always, and be it further enacted, That as soon as the sum of twenty per cent, as aforesaid, shall have been actually received by the Commissioners, at the several places where the books may have been opened on account of the subscriptions to the said stock, such sums shall immediately, thereafter be transmitted by them, to the Commissioners in Columbus, whose duty it shall be on the receipt of the amounts, so transmitted to give notice thereof, in one of the Gazettes of Columbus, Macon and Milledgeville; and at the same time in like manner, notify a time and place, within the town of Columbus, at the distance of thirty days, from the date of such notification, for proceeding to the election of Directors, and it shall be then, and there lawful for the election to be made; and the persons who shall then, and there be chosen, shall be the first Directors, and shall receive from the Commissioners, the money which may have been received by them, and shall be capable of acting by virtue of such choice, until the end or expiration of the 31st day in October, 1830, and shall forthwith, thereafter commence the operations of the said bank, at the said town of Columbus; And provided further, That in case it should at any time happen, that an election for Directors, should not be made, upon any day, when pursuant to this act, it ought to have been made, the said corporation, shall not for that cause, be deemed to be dissolved, but it shall be lawful, on any other day, to hold and make an election of Directors in such manner, as shall have been regulated by the rules, and bye-laws of the said corporation; And provided, that in case of the death, resignation, absence from the State, or removal of a Director, his place may be filled up by a new choice, made by the remaining Directors, for the remainder of the year. Sec. 6. And be it further enacted, That the Directors for the time being, shall have power to appoint such officers and clerks under them, as shall be necessary for executing the business of the said corporation, and 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 said corporation, as to them, shall appear conducive to the interest of the institution.

Page 30

Sec. 7. And be it further enacted, That the following rules, regulations, 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 to, shall be according to the number of shares, he shall hold, each [Illegible Text] to be entitled to one vote: Provided that no share or shares, shall confer a right of suffrage, which shall not have been holden, at least three [Illegible Text] months, previously to the day of election, and [Illegible Text] it be holden by the person, in whose name it appears absolutely, and bona fide, in his own right, or in that of his wife, and for his, or her own benefit and use, or as executor, administrator, or guardian or in the right and use of some copartnership, corporation, or society of which he, or she may be a member, and not in trust for, or to the use of any other person; any stockholder being absent, may authorise by power of attorney under seal, any other stockholder, to vote for him, her, or them. 2d. None but a stockholder, entitled in his own right, to thirty shares, and being a citizen of the State, and not a Director of any other bank, or branch bank, shall be eligible as a Director; and if any one of the Directors, after being elected, shall at any time during the term, for which he shall have been chosen, cease to be a stockholder, his seat shall thereupon, become vacated, and the remaining Directors, or a majority of them, shall at their next meeting, pass an order, declaring him no longer to be a Director. 3d. The stockholders shall make such compensation to the President, for his services, as shall to them appear reasonable. 4th. No less than four Directors, shall constitute a board for the transaction of business, of whom the President shall always be one, except in case of sickness, or necessary absence, in which case his place may be supplied by any Director, appointed by the board of Directors, present for that purpose. 5th. A number of stockholders, not less than ten who together, shall be proprietors of five hundred shares or upwards, shall have power, at any time, to call a meeting of the stockholders, for purposes relative to the institution, giving at least sixty days notice, in a public Gazette at Columbus, Macon and Milledgeville, specifying in such notice, the object, or objects of such meeting. 6th. The Cashier of the bank, for the time being, before he enters upon the duties of his office, shall give bond, with two or more securities, to the satisfaction of the Directors, in a sum, not less than twenty thousand dollars with condition, for his good behavior, and the faithful discharge of his duties. 7th. The lands, tenements, and hereditaments, which it shall be lawful, for the said corporation to hold, shall be only such as shall [Illegible Text] required for its immediate accommodation, in relation to the convenient transaction of business; and such as shall have been bona fide, mortgaged to it as security, or [Illegible Text] to it, in satisfaction of

Page 31

debts previously contracted, in the course of its dealings, or purchased at sales upon judgments, which shall have been obtained for such debts, which said lands and tenements, conveyed to it, in satisfaction of said debts, or purchased at sales, upon judgments obtained by said corporation, shall not be held, or remain in possession of said corporation, for more than twelve months after said conveyance. 8th. The total amount of the debts, which the said corporation, shall at any time owe whether by bond, bill, note, or other contract, shall not exceed three times the amount of their capital stock, actually paid in, over and above the amount of specie, actually deposited in the vaults for safe keeping. In case of excess, the Directors under whose administration, it shall happen, shall be liable for the same, in their individual, natural and private capacities, and an action of debt, may in such case, be brought against them, or any of them, their, or any of their heirs, executors or administrators, in any court of record, in the United States, having competent jurisdiction, or either of them, by any creditor, or creditors of the said corporation, and may be prosecuted to judgment and execution, any condition, covenant or agreement, to the contrary notwithstanding. But this shall not be construed, to exempt the said corporation, or the lands, tenements, goods and chattels of the same, from being also liable for, and chargeable with, the said excess; and such of the said Directors, who may have been absent, when the said excess was contracted or created, or who may have dissented from the resolution or act, whereby the same was so contracted or created, may respectively exonerate themselves from being so liable, by having their dissent, if present, entered on the minutes of the said corporation. 9th. The Directors shall have power to issue to the subscribers, their certificates of stock, which shall be transferred, on the book of the Cashier only, by personal entry of the stockholder, his legal representative or attorney, duly authorized by special power, for that purpose. 10th. The company shall in no case, directly or indirectly, be concerned in commerce or insurance, or in the importation or exportation, purchase or sale of any goods, wares, and merchandize whatever (bills of exchange, notes and bullion only excepted) except such goods, wares and merchandize, as shall be truly transferred, conveyed or pledged to them, by way of security, for money actually loaned and advanced, or for debts due, owing or growing due to the said corporation, or purchased by them, to secure such debts so due to the said corporation, or to effect the insurance, on the property that may belong to, or be pledged to the said company for its security. 11th. The bills obligatory and of credit, notes, and other contracts whatever, on the behalf of said corporation, shall be binding, and obligatory on the said company, provided the same be signed, by the president and [Illegible Text] or attested by the Cashier, of the said

Page 32

corporation; and the funds of the corporation, shall in no case be held liable for any contract or engagement whatever, unless the same shall be so signed and countersigned, or attested as aforesaid, and the books, papers and correspondence, and the funds of the company, shall at all times be subject to the inspection of the board of Directors and stockholders, when convened, according to the provisions of this act. 12th. Dividends of the profits of the corporation, or of so much thereof, as shall be deemed expedient and proper, shall be declared, and paid half yearly, (the first half, after the bank shall have been in operation excepted) and the said dividends shall from time to time, be determined by a majority of the Directors, at a meeting, to be held for that purpose, and shall in no case exceed the amount of the nett, profits actually [Illegible Text] by the corporation, so that the capital stock thereof, shall never be impaired. 13th. The Directors shall keep fair, and regular entries in a book, to be provided for that purpose, of their proceedings, and on any question, when two Directors shall require it, the yeas and nays of the Directors voting, shall be duly intered on their minutes, and those minutes be at all times on demand, produced to the stockholders when at a general meeting, the same shall be required. 14th. The corporation shall exist, and continue until the first day of January, one thousand eight hundred and sixty, and immediately after the dissolution of the said corporation, effectual measures shall be taken by the Directors, last appointed and acting, for closing all the concerns of the company, and for dividing the capital stock and profits, which may then remain, among the stockholders, according to their respective interests. 15th. The persons and property of the stockholders, for the time being, in said bank, shall be pledged and bound in proportion, to the amount of the shares, that each individual or company, may hold in said bank, for the ultimate redemption of the bills or notes, issued by or from said bank, during the time he, she, or they may hold such stock, in the same manner as in common commercial cases, or simple cases of debt, and that the State be pledged for the ultimate redemption of the bills, or notes of said bank, in proportion to the amount of the value of shares, that shall or may be subscribed for, and held by the said State. Sec. 8. And be it further enacted, That no stockholder, shall be permitted to borrow money from said bank, upon the faith or pledge of their stock, but shall be subjected to the same rules and regulations, in borrowing money therefrom, as any other customer of said bank. Sec. 9. And be it further enacted, That if the stock herein reserved to the State, should not be taken within the time herein limited,

Page 33

that the same shall be disposed of in such manner as the Directors, for the time being, may point out for the benefit of said corporation, and in like manner, should the capital of said bank be, hereafter, increased as contemplated by this act, the said increased stock, shall be disposed of, for the benefit of said corporation, in such manner as the said Directors, for the time being may think proper, or as a majority of the stockholders may direct. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 22, 1828. AN ACT further to amend an act, entitled an act, to incorporate the Planters' Bank of the State of Georgia, and to repeal the former act, for that purpose. Whereas experience has proved that it is proper to reduce the number of the Directors of said institution, and in other respects, to alter its act of incorporation. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General A ssembly met, and it is hereby enacted by the authority of the same, That the number of the Directors of the Planters' bank of the State of Georgia, from and after the passage of this act, shall be ten, of whom eight shall be elected, by the stockholders, and two by the State. Sec. 2. And be it further enacted by the authority aforesaid, That during the months of July, August, September and October, four of the Directors, shall constitute a board for the transaction of business. Sec. 3. And be it further enacted, That in case of the sickness, or necessary absence of the President, without having nominated a Director, to supply his place, or in case of the sickness or necessary absence of such Director also, his place may be supplied by the election, by the Directors then present, of a President pro-tempore, from their own number. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 20, 1828.

Page 34

AN ACT to establish a Bank at Milledgeville, to be called and known by the name and style of the Central Bank of Georgia, to appropriate monies, bank stock, and other securities, to form the capital stock of said bank, and to incorporate the same. WHEREAS, it is demed expedient and beneficial, both to the State and its citizens, to establish a Bank on the funds of the State, for the purpose of discounting paper, and making loans upon terms more advantageous than has been heretofore customary: 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 a Bank shall be established [Illegible Text] behalf of the State of Georgia, at Milledgeville, in said State, to be known and called by the name and style of the Central Bank of Georgia, in the manner, and on the conditions and limitations [Illegible Text] expressed. SEC. 2. And be it further enacted by the authority aforesaid, That the money in the [Illegible Text] of this State, not otherwise appropriated, the shares owned by the State in the Bank of Augusta, in the Planters' Bank of the State of Georgia, in the Bank of the State of Georgia, and in the Bank of Darien; and all bonds, notes, specialties, judgments due the state, and all monies arising from the sales of [Illegible Text] and town lots heretofore made, [and hereafter to be made,] and all other debts and monies at any time due the state, shall constitute and form the capital stock of said Bank; and the same are hereby appropriated for that purpose, and are, and shall be vested in the President and Directors of said Bank, and their successors in office, as [Illegible Text] prescribed; and shall be and [Illegible Text] the capital stock of said Bank, and subject to the payment of all bills and notes issued by said Bank. And it shall be the duty of the Directors to collect the debts due the state as early as practicableprovided however, that every person in debt to the state, may be allowed to [Illegible Text] his, her, or their notes, bonds, or other specialty, agreeable to the provisions of this act, in the same manner as persons borrowing money on accommodation paper, and provided further, that where the time of payment has been extended by the state, and where payments are not yet due, no suit shall be commenced, until the times of payment shall arrive. Sec. 3. And be it further enacted by the authority aforesaid, That all the taxes [Illegible Text] to be collected on account of the state, and all its dividends arising from stock in other Banks, shall be deposited in said Bank, to aid and facilitate its operations, subject [Illegible Text] to all the drafts on the part of the state, authorised by legal appropriationsProvided nothing in this act shall be so construed as to interfere with the appropriations of the proceeds of the Bank stock heretofore set apart for the purposes of Internal Improvement and Education.

Page 35

Sec. 4. And be it further enacted by the authority aforesaid, That there shall be three Directors of said Bank, who shall be appointed by his Excellency the Governor to superintend and manage the affairs of said Bank; which said Directors shall elect a President from among their own body, to preside over said Institution; and the said President and Directors shall have power to elect a Cashier and Clerkand the said Cashier and Clerk so appointed, shall remain in office so long as they continue to discharge their respective duties with fidelity, subject to removal by the Governor, the President and Directors of said Bank; and any officer so removed, shall not again be eligible to hold any office in said Bank. Sec. 5. A nd be it further enacted by the authority aforesaid, That the Directors of said Bank, shall before entering upon the duties of their office, severally make and deliver to his Excellency the Governor, for the time being, and his successors in office, their bonds, with good and sufficient securities, in the sum of one hundred thousand dollars, for the faithful discharge of their duties as Directors aforesaid. Sec. 6. And be it further enacted by the authority aforesaid, That the Cashier of said Bank, before entering on the duties of his Office, shall make and deliver to his Excellency the Governor, for the time being, and his successors in office, his [Illegible Text], with good and sufficient securities, in the sum of one hundred thousand dollars, conditioned for the faithful discharge of his duties as Cashier aforesaidAnd all other officers of said Bank shall each give bond and security in the manner and form aforesaid, in the sum of twenty thousand dollarsWhich bonds so taken, shall be by his Excellency the Governor deposited in the office of the Comptroller-General; and all the officers of said Bank, before entering on the discharge of their respective duties, shall take and subscribe the following oath, to-wit: I,, do [Illegible Text] swear, that I will faithfully discharge the trust reposed in me, as of the Central Bank of Georgia: so help me God. Which oaths shall be taken in writing, signed by the party, and filed in the Executive Department. SEC. 7. And be it further enacted by the authority aforesaid, That immediately after the passage of this act, his Excellency the Governor shall appoint three Directors, who shall continue in office until the first day of January, eighteen hundred and thirty, at which time, and on every first Monday in January thereafter, he shall appoint three Directors for said Bank: And provided he shall fail to appoint at the time above mentioned, the old Directors shall continue in office, until his Excellency the Governor shall make such appointments, on any day thereafter; and such Directors shall be eligible to re-appointment. Sec. 8. And be it further enacted by the authority aforesaid, That where any vacancy shall happen in said Board of Directors, his Excellency the Governor shall fill the [Illegible Text].

Page 36

Sec. 9. And be it further enacted by the authority aforesaid, That the President of said Bank shall receive for his salary, the sum of fifteen hundred dollars per annum. The other Directors of said Bank shall receive for their salaries, seven hundred dollars each per annum. The Cashier of said Bank, who shall perform the duties of Cashier and Teller of said Bank, shall receive for his salary fifteen hundred dollars per annumAnd the salary of a Clerk, who shall perform the duties of Discount Clerk and Book Keeper, shall be one thousand dollars per annum. Which said salaries shall be payable quarter yearly. Sec. 10. And be it further enacted by the authority aforesaid, That the Governor, the President and Directors of said Bank be, and they are hereby authorised to appoint another Clerk, with a salary of one thousand dollars per annum, whenever in their judgment, the business of said Bank shall require it, to whom shall be assigned such part of the duties hereinbefore mentioned, as they may think proper. SEC. 11. And be it further enacted by the authority aforesaid, That the said Bank shall discount bills of exchange and notes, on two or more good securities, or indorsers, and the President and Directors of said Bank, are hereby ve [Illegible Text] with power to require additional security on any note or bill of exchange made payable at said Bank, when in their opinion the interest of said Bank shall require it. Sec. 12. And be it further enacted by the authority aforesaid, That the total amount of the debts, which the said Bank shall at any time owe, shall not exceed the amount of its capital. Sec. 13. And be it further enacted by the authority aforesaid, That no person who is not a citizen of this State, or who is a Director of any other Bank, or co-partner of any such Director, shall be eligible as President or Director of said BankNor shall the President, Directors, or other officers of this Bank, be entitled to borrow any amount of money from said Bank, or shall their names be received as indorsers in said Bank. Sec. 14. And be it further enacted by the authority aforesaid, That the Directors shall keep fair and regular entries, in books to be kept for that purpose, of their proceedings: And on any question where one Director shall require it, the yeas and nays of the Directors voting shall be duly inserted on their minutes, and those minutes be at all times, on demand produced to the Legislature, or any committee thereof who may require the same. Sec. 15. And be it further enacted by the authority aforesaid, That the said Bank is hereby incorporated, and made a corporation and body politic, by the name and style of the Central Bank of Georgia, and so shall continue until the first day of January, eighteen hundred and forty; and by that name, shall be, and is hereby made able and capable in law to sue 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 all suits and proceedings instituted in any of the courts in the State, shall be in the name of the [Illegible Text]

Page 37

Bank of Georgia, and not by attorney as is usual with corporate bodiesAnd also, to make, have, and use, a common seal, and the same to break, alter, and renew at pleasure; and also to ordain, establish and put in execution, such bye-laws, ordinances and regulations, as shall seem necessary and convenient for the government of said corporation, not being contrary to the laws or constitution of this State. Sec. 16 And be it further enacted by the authority aforesaid, That the President and Directors of said Bank shall have power to issue notes, signed, by the President, and countersigned by the Cashier, on behalf of said corporation, for such sums, and with such devices, as they may deem most expedient and safe; and shall be capable of exercising such other powers and authorities as may be necessary for the well governing and ordering the affairs of said Corporation and of promoting the interest and credit thereof. Sec. 17. And be it further enacted by the authority aforesaid, That all the transactions, operations and accompts of said Bank, shall be fairly kept in books to be provided for that purpose; and that the said books shall at all times be open to the inspection of his Excellency the Governor; and that a general statement of the transactions of said Bank, signed by the President, and countersigned by the Cashier, shall be made annually on the first Monday in November, to his Excellency the Governor, and by him laid before the General Assembly. Sec. 18. And be it further enacted by the authority aforesaid, That the books of said Bank shall be open to the inspection of the General Assembly, or any committee appointed for that purpose. Sec. 19. And be it further enacted by the authority aforesaid, That the bills or notes of the said corporation shall be receivable in payment of all taxes and debts due to the State. Sec. 20. And be it further enacted by the authority aforesaid, That the Directors of said Bank shall not require town indorsers upon any note or obligation made payable at said Bank, where the country indorsers are deemed amply responsible to secure the payment of the same; and no notice or protest shall be necessary to charge any indorser, nor shall any charge be made by any notary public, for noting for non-payment, or protesting any note due at said Bank. Sec. 21. And be it further enacted by the authority aforesaid, That on all accommodation notes running at said Bank, the makers thereof shall renew their notes once in six months, at least, by paying up the interest in advance, at the rate of six per centum per annum, or for shorter periods, as the said makers may think proper: Provided nevertheless, That the Directors may call at any time on the maker of any discounted note for additional security, and if he shall refuse or neglect to comply, within twenty days after notice, said note shall be desmed and considered due, and suit shall be [commenced] immediately.

Page 38

Sec. 22. And be it further enacted by the authority aforesaid, That the Directors of said Bank, shall loan as much money upon accommodation paper, as the interest and safety of said Bank will permit: and they shall not require to be paid upon such accommodation loans, more than twenty per centum per annum, of the principal thereof, unless the exigencies of the Bank shall require it. Sec. 23. And be it further enacted by the authority aforesaid, That so soon as the Directors of said Bank shall be appointed and qualified according to the provisions of this act, they shall, with as little delay as possible, employ some competent person to procure for the use of said Bank, the necessary plates, engravings, paper, and materials, for the operations thereof, and shall draw their draft on his Excellency the Governor, for such sum of money as shall be necessary to meet the cost and expense of the same. Sec. 24. And be it further enacted by the authority aforesaid, That so soon as the said Directors and the other officers of said Bank shall be appointed and qualified, that the operations of said Bank shall be commenced with the least possible delay; and the Governor shall deliver to the said Directors, the money in the Treasury, not otherwise appropriated, the bonds, notes, specialties and debts due to the State, and the certificates of shares owned by the State, in the banks of Augusta, the Planters' Bank of the State of Georgia, the Bank of the State of Georgia, and the Bank of Darien. A schedule of all which shall be made out and signed by the said Directors, and deposited in the office of the Comptroller-General. Sec. 25. And be it further enacted by the authority aforesaid, That the Directors of said Bank shall distribute their loans as equally as practicable, among the citizens of this State, having due regard to the population of the different counties. And no loan made by said Bank to any one person, or body corporate, or any society or collection of persons whatsoever, shall exceed twenty-five hundred dollarsNor shall the Directors of the Central Bank at any time put in circulation, the bills thereof to a greater amount than the aggregate of specie and bills of the other [Illegible Text] Banks of this State, and the bills of the Bank of the United States, in its vault. Sec. 26. And be it further enacted by the authority aforesaid, That all suits [Illegible Text] by said Corporation, upon any note, bill, bond, or obligation, upon which there shall be any indorser or indorsers, the maker or makers, together with the [Illegible Text] or [Illegible Text] or their representatives, may be embraced and sued in the same action, and no proof of notice, demand or protest, shall be required on any trial to authorise a recovery. Sec. 27. And be it further enacted by the authority aforesaid, That the President and Directors shall not allow any individual, company or corporation, to place any note, bill, or obligation in said Bank for collection. Sec. 28. [Illegible Text]

Page 39

in law and equity, a copy of any process left at the Banking House, shall be deemed good and sufficient service. Sec. 29. And be it further enacted, That nothing in this act contained, shall be so construed, as to prevent the alteration or, repeal of any part, or the whole of this act, should any subsequent General Assembly deem such alteration or repeal expedient. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 22, 1828. Bridges. AN ACT for the sale of the Bridge across the Ocmulgee River at Macon, and to repeal the act passed at the last session, so far as relates to that subject. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the Commissioners or a majority of them heretofore appointed, to survey and sell the public reserves and the bridge across the Ocmulgee river at Macon, to proceed to sell and transfer to the Corporation of the town of Macon and their successors in office, said bridge immediately after the expiration of the present lease, together with the use of one [Illegible Text] of land on the eastern bank of the said river, to be used is one of the butments (being the same lately surveyed for that purpose.) and the like use of as much of Fifth street as may be necessary for the other butment of the bridge, for the sum of twenty-five thousand dollars: Provided, said corporation shall pay to the said commissioners, one tenth part of the above named sum in cash, or in current bills of chartered banks of this State, and execute a bond payable to the Governor for the use of the State, conditioned for the payment of the residue of the purchase in like money, in nine equal annual instalments.

Page 40

Sec. 2. And be it further enacted, That the commissioners issue to the corporation a certificate stating the terms of purchase, which certificate shall not be transferable; on the payment of which purchase money, a grant of the bridge, its privileges and appurtenances, shall issue to the aforesaid corporation, on the payment of four dollars and fifty cents for office feesbut no grant thereof shall be issued until all the instalments shall have been paid. Sec. 3. And be it further enacted, That for the better securing the payment of said purchase money, be it enacted, that if the said corporation or their successors in office, shall fail to pay any one of the instalments within sixty days of the time prescribed by this act, the said bridge shall revert to the State, and the corporation be divested of all right, claim, or title to said bridge, and the amount paid to the State for the same. Sec. 4. And be it further enacted, That the said corporation shall have the perpetual and exclusive privilege of keeping up a bridge at that place; and no bridge or ferry across said river shall be erected, established, or allowed within three miles therefrom in a direct line, which may or could in any wise interfere with the said bridge, by diminishing the profit or value thereof. Sec. 5. And be it further enacted, To the end that the risk of lives and property may, as far as possible be avoided, that it shall be the duty of each and every of the Justices of the Inferior court of Bibb county, when requested in writing by the Grand Jury of said county, or by any twelve free holders of that county suggesting that there is danger in crossing on the said bridge, immediately to attend at the bridge in person, and the said Justices or a majority of them so convened, shall forthwith cause a survey thereof to be made, and should it on such survey be deemed unsafe, no person, except foot passengers shall be allowed to cross thereon after such decision shall be notified to the aforesaid corporation, until the same shall have been repaired; and on like survey reported as safe, on pain of thirty dollars for each offence to be forfeited to the State by the said corporation; and it shall be the duty of said Justices of the Inferior court, to appoint some person who shall sue for and may recover the same for the use of the State, before any court having jurisdiction of the cause. Sec. 6. And be it further enacted, That during the time necessary for rebuilding or repairing the bridge, (which time it shall be the duty of the Justices of the Inferior court of the said county in all cases to fix and specify,) the said corporation and their successors in office, shall keep a ferry, having a sufficient rope, safe flat, and convenient landings on Sixth strect and on the opposite common, at the present rate of bridge toll; but if the bridge shall not be rebuilt or repaired within the specified time, (which shall in no case be enlarged) the corporation shall thenceforth receive but half toll, and if more or higher toll shall be received at such bridge or ferry than allowed by law, the corporation shall forfeit to the State for every such offence, the sum of thirty dollars, to be recovered in the manner prescribed in the fifth section of this act.

Page 41

Sec. 7. And be it further enacted, That the said corporation when it shall have become the purchaser of said bridge, shall not be permitted to collect toll for any waggon or other carriage loaded with cotton or corn under the penalty heretofore mentioned; but in all other cases, the said corporation and its successors in office, may demand and collect such tolls as are allowed in the act relating to this subject, passed the twenty-second day of December, eighteen hundred and twenty-seven. Sec. 8. And be it further enacted, That an act assented to on the twenty-second day of December, eighteen hundred and twenty-seven, directing the survey and sale of the public reserves at and near Macon, and the bridge across the [Illegible Text] river at that place, is hereby repealed, so far as it respects the sale of said bridge. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to December 20, 1828. Clerks. AN ACT to amend the first section of an Act, entitled an Act to alter and amend the several estray laws of this State, passed December the fourth, eighteen hundred and sixteen, so far as to authorise and compel the Clerk of the Inferior Court of Wilkes county to advertise in the Washington News. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be lawful for the clerk of the inferior court of Wilkes county, to advertise all estrays in the Washington Newsany law or usage to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 42

AN ACT to authorise the Clerk of the Inferior Court of Columbia county, to advertise the estray sales in the Constitutionalist. 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 after the passing of this act, that the clerk of the [Illegible Text] court of Columbia county, is hereby authorised and required to advertise all estrays tolled and returned in the county aforesaid, in the Constitutionalist. SEC. 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws [Illegible Text] against this act, are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 19, 1828. AN ACT to [Illegible Text] the Clerks of the Superior and Inferior Court of Dooly county, to keep their offices within one mile of the court house of said county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately [Illegible Text] the passage of this act, the Clerks of the Superior and Inferior Courts of Dooly county, shall keep their offices within one mile of the court house in said countyany law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 19, 1828.

Page 43

AN ACT to compel the Clerk of the Superior, Inferior, and Court of Ordinary, of Telfair county, to keep his office at or within three miles of the court house of said county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, that it shall be the duty of the Clerk of the Superior Court of Telfair county, to keep his office at or within three miles of said court houseAny law militating against this act, be and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid, That nothing in this act, shall be so construed as to operate upon the present clerks during their present terms of serviceany law to the [Illegible Text] notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828. AN ACT to authorise the Clerk of the Superior Court of Lowndes county, to [Illegible Text] the records of said court and to legalise the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the present Clerk of the Superior Court for the county of Lowndes, be and he is hereby authorised to transcribe into sufficient bound books, to be provided for him by the justices of the inferior court of said [Illegible Text] and paid for [Illegible Text] of the county funds thereof, all the records of what kind [Illegible Text] [Illegible Text] to said court.

Page 44

Sec. 2. And be it further enacted, That so soon as said Clerk shall have completed the transcript aforesaid, it shall be his duty to notify the justices of the inferior court of said county, who shall assemble, compare, and revise the same; and so soon as the same shall agree with the original manuscript, the said justices shall issue their certificate of the fact, which shall be recorded upon the records of said court; and immediately thereafter the said transcribed records shall be legalised and become the public records of said county. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 19, 1828. Churches. AN ACT to incorporate the Presbyterian and Baptist Union Church in the town of Greenesborough, in the county of Greene, and appoint Trustees to the same. Whereas, the Presbyterian and Baptist Societies in the county of Greene, have agreed and contracted for the erection of a house of worship for the mutual accommodation of each of said societies in or near the town of GreenesboroughAnd whereas, it is necessary for the promotion of religion and virtue, that churches or religious societies be made capable of holding, conveying, enjoying, and defending any property which they may acquire by donations or otherwise. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Charles A. Redd, John Cunningham, and Ebenezer Torrence and their successors in office, on the part of the Presbyterian Church in or near said town, and Vincent Sanford, sen. Lemuel Greene, and John West and their successors

Page 45

in office, on the part of the Baptist Church in said town, shall be, and they are hereby declared to be a body corporate, by the name and style of the Trustees of the Greenesborough Union Church. Sec. 2. And be it further enacted by the authority aforesaid, That they the said Charles A. Redd, John Cunningham, and Ebenezer Torrence; and they the said Vincent Sanford, sen. [Illegible Text] Greenc, and John West, under the style and name before recited, shall have full power and authority to sue for and recover all such sum or sums of money as now are, or hereafter may become due, on account of subscription or otherwise to said church, in any court of law, or at any tribunal having jurisdiction thereof, and the rights and privileges of said church in any court or any [Illegible Text] whatever to defend. Sec. 3. A nd be it further enacted by the authority aforesaid, That the said Charles A. Redd, John Cunningham, and Ebenezer Torrence and their successors in office, on the part of the Presbyterian church, shall have power to fill all vacancies which may happen [Illegible Text] their part from time to time, by death, resignation, removal, or otherwise; and no person residing out of the county of Greene, shall be eligible as a trustee on the part of the Presbyterian society. Sec. 4. A nd be it further enacted by the authority aforesaid, That the said Vincent Sanford sen. Lemuel Greene, [Illegible Text] West trustees, and their successors in office on the part of the Baptist Church, shall have power to fill all vacancies which may happen on their part from time to time, by death, resignation, removal, or otherwise, and no person residing out of the county of Greene, shall be [Illegible Text] as a trustee of the Baptist Church. Sec. 5. A nd be it further enacted by the authority aforesaid, That the said trustees Charles A. Redd, John Cunningham and Ebenezer Torrence, on the part of the Presbyterian church, shall hold their office until the first Saturday in January, one thousand eight hundred and thirty, on which said day in every year thereafter, the male members and supporters of the Presbyterian society, shall convene at the Greenesborough Union Church, and then and there between the hours of ten and two o'clock, elect from among the members of said Presbyterian church, three discreet persons as trustees, who shall hold their offices for one year as aforesaid, with the same powers and for the same purposes as above declared. SEC. 6. And be it further enacted by the authority aforesaid, That the said trustees, Vincent Sanford, sen. Lemuel Greene, and John West, trustees on the part of the Baptist Church, shall hold their offices until the second Saturday in January, one thousand eight hundred and thirty, on which last said day in every year thereafter, the male members of the Baptist society, shall convene at the Greenesborough Union Church, and then and there between the hours of ten and two o'clock, elect from among the members of the Baptist church, three discreet persons as trustees, who shall hold their offices for one year as aforesaid, with the same powers and for the same purposes as above declared.

Page 46

Sec. 7. A nd be it further enacted by the authority aforesaid, That they the said Charles A. Redd, John Cunningham, and [Illegible Text] Torrence, and their successors in office, trustees on the part of the Presbyterian [Illegible Text], shall be able and capable in law of holding for the use of the said Presbyterian [Illegible Text] exclusively, all such [Illegible Text], gifts and grants of property as may be given to the said Presbyterian society. Sec. 8. And be it further enacted by the authority aforesaid, That they the said Vincent Sanford, sen. Lemuel Greene and John West, and their successors in office, trustees on the part of the Baptist church, shall be capable in law of holding for the use of the said Baptist church exclusively, all donations, gifts and grants of property, as may be given to the said Baptist society. Sec. 9. And be it further enacted by the authority aforesaid, That the said Charles A. Redd, John Cunningham, and Ebenezer Torrence, [Illegible Text] on the part of the Presbyterian church; and they the said [Illegible Text] Sanford, sen. Lemuel Greene, and John West, trustees on the [Illegible Text] of the Baptist Church, shall be vested with full power to contract and agree with each other, on the part of their respective Churches, as to all privileges and internal regulations of said [Illegible Text] Union Church, which when [Illegible Text] into, shall be binding and [Illegible Text] between the said Presbyterian and Baptist Churches, to all intents and purposes whatsoever. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the [Illegible Text] JOHN FORSYTH, Governor. Assented to, December 19, 1828.

Page 47

AN ACT to incorporate the Methodist Episcopal Church in the town of Jacksonborough, Scriven county. Be it eancted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the Chureh in Jacksonborough Seriven county, now known as the Methodist church, shall be known and called by the name of Jacksonborough Methodist Episcopal Church, and that [Illegible Text] Goodall, Isaac Bryan, Peyton L. Wade, John Green, James Boston, William Smith, and Jacob Bryan, and their successors to office be, and they are hereby declared to be a body politic and corporate, by the name and style of the trustees of Jacksonborough Methodist Episcopal Church, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorised to make such bye-laws and regulations, as may be necessary for the government of said church Provided, such bye-laws are not repugnant to the constitution and laws of this State, and for the purpose aforesaid, may have and use a common seal, appoint such officers as they may think proper, and remove the same from office for improper conduct or neglect of duty. Sec. 2. And be it further enacted, That the said trustees shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts, grants, privileges and immunities whatsoever, which may now belong to the said church, or which may hereafter be conveyed or transferred to them or their successors in office, to have and to hold the same for the proper use, benefit and behoof of said church. Sec. 3. And be it further enacted, That any [Illegible Text] which may happen by death, resignation, or otherwise, of any of the trustees of said church, the survivors or a majority of them, shall fill the same in such manner as shall be pointed out by the bye-laws and [Illegible Text] of the trustees aforesaid. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, [Illegible Text] Assented to Dec. 20, 1828.

Page 48

AN ACT to authorise the Governor to issue a grant to the Methodist Church for a lot in the town of Columbus, for religious purposes. Whereas, the Commissioners of the town of Columbus, have set apart four lots for religious purposes, and the memdbers of the Methodist church have commenced improving lot B, in the said town. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assem b ly met, and it is hereby enacted by the authority of the same, That His Excellency the Governor be, and he is hereby authorised and required, upon application, to issue a grant for said lot to the trustees of said Methodist Church in the said town of Columbus, free of charges, to be held in trust by them and their successors in office, for the use of said society for religious purposes. IRBY HUDSON, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 22, 1828. AN ACT to incorporate the Independent Presbyterian Church in the City of St. Mary's. Whereas, a religious society has for several years past, been established in the city of St. Mary's, and known as the Presbyterian congregationAnd whereas, it has become necessary for the further promotion of religion and virtue, and the further prosperity of said society, that the same should be made capable of holding, enjoying, and defending any property that they may have, or may hereafter acquire by donation or otherwise. 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 Archibald Clark, Lemuel Church, and Robert Miller, shall be, and they are hereby declared to be a body corporate, by the name and style of the Trustees of the First Presbyterian Church of St. Mary's.

Page 49

SEC. 2. And be it further enacted by the authority aforesaid, That the said Archibald Clark, Lemuel Church, Henry R. Saddler, Israel Greer, and Robert Miller, trustees as aforesaid and their successors in office, shall be invested with all manner of property both real and personal, all donations, gifts, grants, hereditaments, privileges and immunities whatsoever, that may belong to said congregation or society at the time of passing this act, or which may hereafter be made, conveyed, or transferred to them or their successors in office, to have and to hold the same for the proper use, benefit and behoof of the said society; and also that the said trustees and their successors in office shall be, and they are hereby declared capable of [Illegible Text] and being sued, impleading and being impleaded, and of using all necessary and legal steps for recovering any property whatsoever that the said congregation or society may hold or claim, or demand, and also for recovering the rents, issues, and profits of the same, or any part or parcel thereof. Sec. 3. And be it further enacted by the authority aforesaid, That [Illegible Text] above named trustees of said congregation or society, shall [Illegible Text] their office for the term of one year from the passage of this act, or until their successors in office shall be legally chosen according, to the provisions hereafter mentioned in this act. Sec. 4. And be it further enacted by the authority aforesaid, That on the first Monday after the expiration of the year as aforesaid, the [Illegible Text] supporters of the Gospel of said congregation or society, shall convene in some suitable place, (of which due notice shall be given) and there between the hours of ten and three o'clock, elect from the said supporters of the Gospel, not more than five nor less than [Illegible Text] discreet persons as trustees, who shall hold their office for one year, or until their successors are legally elected, with the same power and for the same purposes as above declared. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the [Illegible Text] JOHN FORSYTH, [Illegible Text] Assented to, December 20, 1928.

Page 50

AN ACT to incorporate the Trustees of the [Illegible Text] and Methodist Churches at Athens, in Clark county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That James Nesbit, A. Walker, Jas. Jackson, E. L. Newton, John Nesbit, L. A. Erwin, and M. W. [Illegible Text], and their successors in office be, and they are hereby declared to be a body corporate, by the name and style of the Trustees of the Presbyterian Church at Athens in Clark county. And that James Merriwether, William Lumpkin, Cicero Holt, Asbury Hull, and Right Rogers, and their successors in office be, and they are hereby declared to be a body corporate by the name and style of the Trustees of the Methodist Church at Athens, in Clark county, with the same powers as are herein [Illegible Text] to the Presbyterian Church. Sec. 2. And be it further enacted by the authority aforesaid, That the above named trustees and their successors in office, shall be invested with all manner of property, both real and personal, which they may acquire or be possessed of by gift, grant, or purchase, and all privileges and immunities which may belong to the said churches at the time of the passage of this act, or which may hereafter be made, conveyed, or transferred to them or their successors in office, to have and to hold the same to the proper use, benefit and behoof of the said churches; and also, that the said trustees or a majority of them shall, and they are hereby declared to be capable of suing and being sued, impleading and being impleaded, of having and using a common seal, and also of using all legal and necessary means for recovering or defending any property whatsoever which the said churches may hold, claim, or demand. Sec. 3. And be it further enacted by the authority aforesaid, That the said trustees, or a majority of them, shall have full power and authority to make all bye-laws and ordinances necessary for the government of said churches, and not repugnant to the laws or constitution of this State; and also to appoint such officers as they may deem necessary for conducting the business of said corporation. Sec. 4. And be it further enacted by the authority aforesaid, That the said trustees or a majority of them, shall have full power and authority to fill any vacancy which may hereafter occur in said board by death, resignation, or otherwise, in such manner as they may hereafter appoint by the bye-laws of said corporation. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 51

AN ACT to incorporate the Trustees of the Presbyterian Church in the town of Milledgeville. Be it enacted by the Senate and House of Representatives of the State of Georgia in General assembly met, and it is hereby enacted by the authority of the same, That James Camak, William Y. Hansell, Thomas W. Baxter, Hugh Craft, Richard J. Nichols, Richard K. Hines. Samuel Boykin, Peter J. Williams, and Seaton Grantland, trustees of the Presbyterian church in the town of Milledgeville, and their successors in office shall be, and they are hereby declared to be a body corporate, by the name and style of the trustees of the Presbyterian church in the town of Milledgeville; and the said James Camak, William Y. Hansell, Thomas W. Baxter, Hugh Craft, Richard J. Nichols, Richard K. Hines, Samuel Boykin, Peter J. Williams, and Seaton Grantland, trustees as aforesaid, and their successors in office, shall be invested with all manner of property both real and personal, which they may acquire or be possessed of by gift, grant, or purchase, and all privileges and immunities whatsoever which may belong to said trustees of said church under said denomination, or which may hereafter be made or transferred to them the said trustees and their successors in office, to have and to hold the same for the proper use, benefit and behoof of the said Presbyterian church; and the said trustees and their successors in office, in the name and by the style aforesaid, shall be, and they are hereby declared to be capable of suing and being sued, and of using all necessary and legal steps for recovering and defending any property whatever which the said trustees of said church may hold, claim, or demand. Sec. 2. And be it further enacted by the authority aforesaid, That the said trustees or a majority of them, shall have full power and authority, to make all bye-laws and ordinances necessary for the government of the temporal affairs of said church, not repugnant to the laws and constitution of this state; and also to appoint such officers as they may deem necessary for conducting the business of said corporation. Sec. 3. And be it further enacted by the authority aforesaid, That the said trustees or a majority of them, shall have full power and authority to fill all vacancies which may hereafter occur in said board, by death, resignation, or otherwise, in such manner as they may appoint by the bye-laws of said corporation. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. [Illegible Text] Assented to Dec. 19, 1828.

Page 52

Counties. AN ACT to add a part of the county of Hancock, to the county [Illegible Text] Taliaferro. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That immediately from and after the passing of this act, that part of Hancock county, lying north of the following line, shall be added to, and become a part of the county of Taliaferro: commencing, where the line, taking off a part of Greene county, intersects the Greenesborough road, leading to Powelton, below Wall's Old Fort, thence down said road, to the old store house of Johnston Hines, thence to Rudisell's Mill, on Powell's creek, thence down said creek, to its junction with the Ogeechee river; and any expences that may accrue in running the line, shall be paid by the county of Taliaferro. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate JOHN FORSYTH, Governor. Assented to, Dec. 19, 1828. AN ACT to add a part of Wilkes county, to the county of Taliaferro. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the residence of William Robertson, on the north side of Little river, shall be added to the county of Taliaferro: Provided, that nothing herein contained, shall be so construed, as to remove, or in any manner interfere or [Illegible Text] the claim of any

Page 53

person or persons, in any case or cases, now pending in the Superior or Inferior courts of Wilkes county, against said William Robertson, but the same shall be finally determined in the county of Wilkes, as though this act had not passed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 22, 1828. AN ACT to divide the county of Lee, and to lay out and form one other county therefrom. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, it is hereby enacted, That from and immediately after the passing of this act, the county of Lee, shall be divided as hereafter pointed out, commencing at the south-west corner of the third district of said county, and running a line thence due north along the original district line, until the same strikes the north boundary line of said county. Sec. 2. And be it further enacted by the authority aforesaid, That all that part of the Territory, lying within the county aforesaid, and east of the aforesaid Line, shall retain the name of Lee. Sec. 3. And be it further enacted by the authority aforesaid, That all that part of the Territory aforesaid, lying west of the aforesaid line, shall form and compose one other county, to be known and called by the name of Randolph, (in honor or John Randolph of Roanoke.) Sec. 4. And be it further enacted, That all officers, civil and military, who are hereby detached from the county of Lee, to the county of Randolph, shall hold their respective commissions in like manner, as if they had been commissioned for the county of Randolph. Sec. 5. And be it further enacted, That the county of Randolph, form a part of the Chattahoochee Circuit, and a part of the second Brigade and ninth division of the militia of this State. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 20, 1828.

Page 54

AN ACT to attach fraction number three hundred and eight, and lot three hundred and seven, in the sixth district of Gwinnett county, to the county of DeKalb. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, lot number three hundred and seven, and fraction number three hundred and eight, in the sixth district of the county of Gwinnett, whereon Radford Gunn now lives, is hereby attached to and made a part of the county of DeKalb, any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 16, 1828. AN ACT to lay off and add a part of the county of Houston, to the county of Pulaski. Be it [Illegible Text] by the Senate and House of Representatives of State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, all that territory, including so much of the twelfth distriet, as shall be included in a line, commencing at the south-east corner of said district, on the Oakmulgee river and running from thence up said river, to the mouth of Big Indian creek, then up said creek to the corners of lots Nos. 203, 204, 176 and 175, from thence runing a direct line to the south-west corner of said district and from thence along the south line of said district, to the south-east corner of said district, on the [Illegible Text] river, be and the same is hereby added to and shall be a part of the county of Pulaski; any law to the contrary notwithstanding. Sec. 2. And be it further [Illegible Text] by the authority aforesaid, That the citizens included as aforesaid, shall be required to attend at Hartford to perform public duty, it shall be lawful for them attending as aforesaid, to pass free of any charge across the river at Hartford, and it is hereby made the duty of the Inferior

Page 55

court of the county of Pulaski, to make the necessary arrangements with the Ferryman at said river or otherwise as shall secure to them the right of crossing as aforesaid, free of charge. Sec. 3. And be it further enacted by the authority aforesaid, That the lines as above mentioned, shall be run under the supermtendance of two or more of the Justices of the Inferior court of said counties and the expences accruing in running the same, shall he paid for by the Inferior court of Pulaski county. Sec. 4. And be it further enacted by the authority aforesaid, That nothing in this act, shall be so construed as to prevent the taxcollector of Houston county, from collecting all taxes which are now given in said district, included as aforesaid in Pulaski county. Sec. 5. And be it further enacted by the authority aforesaid, That all military officers, together with Justices of the Peace, included by this act, in the county of Pulaski, shall hold their offices as though this act had not been passed, and all officers holding public monies, included as above, the property of Houston county, [Illegible Text] and they are hereby required to pay the same immediately into the hands of the Inferior court of said county. Sec. 6. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 20, 1828. AN ACT to authorise the Justices of the Inferior Courts of Hancock, Elbert, Richmond and Burke counties to provide and establish assylums, for the invalid poor of said counties. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That so soon as the Justices of the `Inferior courts of the counties aforesaid, shall have at their disposal sufficient funds, and deem the measure expedient, they shall be and are hereby authorized to purchase for said counties, suitable sites, consisting of arable or woodlands, for the use and occupation of

Page 56

the invalid poor of said counties respectively, [Illegible Text] suitable building and make every other provision which to them may appear necessary to an economical and comfortable support of such invalid poor. Sec. 2 And be it enacted by the authority of the same, That said Justices shall have power to appoint curators, overseers, and other officers and agents for the care and management of the assylums and invalid poor aforesaid, make all orders, rules and regulations which they may deem conducive to the ends and objects contemplated by this act. Sec. 3. And be it further enacted, That after the establishment of said assylums, the said Justices shall be entitled to apply an adequate portion of the poor school fund, appropriated to the use of said counties, to the education of the poor children residing at and near said assylums, subject however to the same accountability, that is provided by any general law on that subject. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate JOHN FORSYTH, Governor. Assented toDec. 19, 1828. AN ACT to form a New county out of the counties of Coweta, Carroll, DeKalb and Fayette, and for other purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, [Illegible Text] it is hereby enacted by the authority of the same, That a New county shall be formed as follows, that is to say: beginning on the west side of Line creek, between the counties of Fayette and Coweta, at the corner of fractions No. 162 and 163, in the seventh district, according to the plan of the survey of the county of Coweta, running thence due west, on the line from said fractions in the plan of said district, intersecting the eighth district of said county, at the corner between lots number fourteen and fifteen in said district, on the district line, thence due west, on the line dividing said lots, to the Chattahoochee river, interesecting with said river, at the corner of fractions No one hundred and seventy-two, one hundred and seventy-three and one hundred and seventy-four, in said eighth district, thence crossing the river to the corner of fractions No ninety-three and ninety-six, in the third district of Carroll county, thence due north [Illegible Text]

Page 57

the [Illegible Text] running from said fractions through said district, intersecting the district No. two, at the corner of lots No. nine and ten, in said district, thence running due north, on the line between said lots, to the Cherokee line, thence east on the Cherokee line, to its intersection, with the Chattahoochee river, at or near to Ruzzard Roost Island, crossing said river, in a straight line to the corner of fractions No. fifty-three and fifty five, in the fourteenth district, of originally Fayette now DeKalb county, thence on the line running due south, from said corner, to the Fayette county line, intersecting said line, at the corner of lots No. one hundred and seventy-seven and one hundred and seventy-eight, in the ninth district, of the county of Fayette, thence in a direct line, to the corner of fractions No. twenty-nine and thirty, in said ninth district, on Line creek, and thence down Line creek to the beginning, and all that part of the counties of Coweta, Carroll, Fayette and DeKalb, comprehended within the lines aforesaid, shall form a new county, to be known by the name of Campbell county, (in the memory of Col. D. G. Campbell.) Sec. 2. And be it further enacted, That all officers, civil and military, who may be comprehended within the county of Campbell, shall hold their respective commissions in like manner, as if they had been commissioned for said county. Sec. 3. And be it further enacted, That the said county of Campbell, is hereby attached to, and constituted a part of the Chattahoochee circuit. Sec. 4. And be it further enacted, That the said county of Campbell, is hereby attached to the first Brigade, of the ninth division of Georgia [Illegible Text]. Sec. 5. And be it further enacted, That the Superior and Infeferior courts, and Elections of said county, shall be held at the house of John S. Beavers, 'till such time as the same may be made permanent, by the Justices of the Inferior court of said county; and that James Black, Jesse Harris, Robert O. Beavers, Thomas Moore, and Littlebury Watts be, and they are hereby appointed commissioners, with authority to superintend the election of Justices of the inferior court and other county officers, and to do and perform all other acts, preparatory to the organization of said county of Campbell. Sec. 6. And be it further enacted, That all lines hereinbefore mentioned, in the plan of the districts hereinbefore described, shall become, and are hereby established as the permanent lines of said county of Campbell, and that the line as described in this act, running through the ninth district of the county of Fayette, shall be run and plainly marked by the county Surveyor, of the county of [Illegible Text], who shall be allowed a reasonable compensation therefor, to be paid by the said county of Campbell, and that [Illegible Text] the same shall take place, and the organization hereinbefore [Illegible Text], the [Illegible Text] of [Illegible Text] [Illegible Text], DeKalb and Fayette, shall exercise their several

Page 58

functions, and that so soon as the said line shall be run, and marked as aforesaid, all writs, processes, recognizances, and other matters of what kind soever, which by law, ought to be tried in either of the aforesaid counties of Coweta, Carroll, DeKalb and Fayette, and which is hereby ceded to the said county of Campbell, according to the laws now in force in this State be, and the same is hereby transferred to the Superior, Inferior, and other courts of said county of Campbell, and the Clerks of the Superior, Inferior, and courts of ordinary, of the counties of Coweta, Carroll, DeKalb and Fayette, are hereby directed to certify, and send up the same accordingly. Sec. 7 And be it further enacted, That all laws and parts of laws, militating against the true intent and meaning of this act, is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of Senate. JOHN FORSYTH, Governor. Assented toDec. 20, 1828. AN ACT to add a part of the county of Habersham, to the county of Rabun. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, so much of the county of Hahersham, as lies north and east of a line, beginning near the upper end of the Falls, on Talloola river, at the corner of fraction, number one hundred and eighty three, in the thirteenth district of said county of Habersham, thence the ridge a north west direction, dividing the waters of said river Talloola, and the waters of Panther creek, Deep creek, and Leuque creek, until said dividing ridge intersects, or strikes what is called Blairs line, thence on said Blairs line, until the same strikes Wild Cat creek, the line dividing Rabun from Habersham county, the same being a part of the thirteenth district of Habersham county, be added to, and become a part of the county of Rabun, any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 20, 1828,

Page 59

Courts. AN ACT to change the time of holding the Inferior Courts in the county of Montgomery. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the time of holding the Inferior courts in said county, shall be on the first Monday in February and August in each year, any law to the contrary notwithstanding. Sec. 2. And be it further enacted, That it shall be the duty of the clerk of said court, to advertise the alteration at one of the most public places in each captain's district in said county. Sec. 3. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 8, 1828. AN ACT to change the time of holding the Inferior Court of Irwin county, so far as relates to the January term of said court. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, that the Inferior court of Irwin county, shall be commenced

Page 60

and held on the fourth Monday in January in each year, instead of the first Monday in January as heretofore; any law to the contrary notwithstanding. Sec. 2. And be it further enacted, That it shall be the duty of the clerk of said court, to advertise this alteration at one of the most public places in each captain's district of said county. Sec. 3. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 8, 1828. AN ACT to change the time of holding the Inferior Courts of Oglethorpe county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the time of holding the Inferior courts in Oglethorpe county, shall be on the fourth Monday in January and on the fourth Monday in June in each year, and that all declarations, writs, recognizances, precepts, and processes returnable to either of said terms as heretofore established, shall be made returnable to the terms as herein stated, and shall be held and deemed legal therefor; and that all laws militating against this act be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 17, 1828.

Page 61

AN ACT to change the time of holding the Inferior Court in Monroe county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text] and it is hereby enacted by the authority of the same, That from and after the first day of February next, the Inferior court of said county shall be begun and held on the first Tuesday in July and January in each and every year, any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 8, 1828. AN ACT to amend an act regulating the time of holding the Superior Courts of the Eastern district, so far as respects the counties of Effingham and Chatham. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text] and it is hereby enacted by the authority of the same, That from and after the first Monday in January next, the Fall Term of the said Superior court of Effingham county, shall be holden on the second Monday in December thereafter, and that of the said county of Chatham, on the first Monday in January thereafter; any law to the contrary not withstanding. IRBY HUDSON, Speaker of the House of [Illegible Text] THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 17, 1828.

Page 62

AN ACT to alter and change the time of holding the Inferior courts for the county of Columbia. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text] and it is hereby enacted by the authority of the same, That from and after the first day of February next, the Inferior courts for the county of Columbia, shall be holden annually thereafter on the third Monday in June and December. Sec. [Illegible Text] And be it further enacted by the authority aforesaid, That all laws or parts of laws [Illegible Text] against this act be, and they are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 8, 1828. AN ACT to alter the time of holding the Superior and Inferior Courts of the county of Baldwin. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Superior court of the county of Baldwin, shall hereafter be held on the third Mondays of February and August in each and every year. Sec. 2. And be it further enacted by the authority aforesaid, That the Inferior courts of the said county, shall hereafter be held on the third Mondays in May and November in each and every year. [Illegible Text] 3. And be it further enacted, That all declarations, writs, and other processes returnable to the ensuing January term, shall be made returnable to the February term, as altered by this act. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 19, 1828.

Page 63

AN ACT to change the time of holding the Superior Courts in [Illegible Text] Chattahoochie Circuit, and to fix the time of holding the Inferior Courts in the counties of Randolph and Campbell, and to provide for the organization of the counties of Lee, Randolph, and Campbell. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the time of holding the Superior courts in the Chattahoochie circuit, shall be as follows: In the county of Muscogee, on the first Monday in February and August. In the county of Randolph, on the first Monday in March and September. In the county of Lee, on the Thursday thereafter. In the county of Marion, on the second Monday in March and September. In the county of Talbot, on the Thursday thereafter. In the county of Harris, on the third Monday in March and September. In the county of Merriwether, on the Thursday thereafter. In the county of Troup, on the fourth Monday in March and September. In the county of Coweta, on the first Monday in April and [Illegible Text] the Wednesday after the first Monday in October. In De Kalb, on the second Monday in April and October. In Campbell, on the third Monday in April and Octoberand In the county of Carroll, on the Thursday thereafter. Sec. 2. And be it further enacted by the authority aforesaid, That the time of holding the Inferior courts in the county of Randolph, shall be on the first Monday in December and June; and in the county of Campbell, on the second Monday in June and December. Sec. 3. And be it further enacted, That all writs, processes, and recognizances, returnable to any of the aforesaid courts, and all persons summoned to appear at the same, shall be returnable to, or bound to appear at the same at the times specified in this act, any law to the contrary notwithstanding; and all cases transferred to any of the aforesaid counties, shall stand for trial in the same manner as if they had not been so transferred. Sec. 4. And be it further enacted by the authority aforesaid, That on the first Monday in February next, the persons who reside in the counties of Randolph, Campbell, and Lee, may meet together, and under the superintendance of three free holders, elect so many Justices of the Inferior court as are required by law; also, a clerk of the Superior and Inferior courts, a sheriff, tax collector, receiver, [Illegible Text] and county surveyor.

Page 64

Sec. 5. And be it further enacted, That the place of holding [Illegible Text] election in the county of Randolph, shall be at the house of William Grantham; and in the county of Campbell, at the house of John F. Beavers; and in the county of Lee, at the house of Benjamin Matthews. Sec. 6. And be it further enacted, That the said freeholders shall certify to the Governor the persons so elected, who shall thereupon be commissioned to hold their offices till the next general election for said officers, unless said offices should be sooner vacated by law. Sec. 7. And be it further enacted, That the Justices of the Inferior courts in the aforesaid counties, shall have full power and authority to select a [Illegible Text] for the public buildings in their respective counties; to purchase a lot of land for that purpose, to have the same laid out into town lots, and to sell and convey the same for the use of the county, and to contract for the erection of the public buildings. Sec. 8. And be it further enacted, That the said Justices as soon as practicable, shall proceed to lay off their respective counties into captain's districts, and when the same are defined, to advertise for elections in the same for two Justices of the Peace, giving at least fifteen days notice; and it shall be the duty of one of said Justices, to attend each of said elections, and certify the same to the Executive, who shall commission said officers according to law. Sec. 9. And be it further enacted, That it shall be the duty of the Justices of the Peace who may be elected in said districts, after they are commissioned as aforesaid, to advertise in the respective districts for the election of a captain and subaltern officers as required by the militia laws now in force; and the said captains shall, as early as practicable, make out a complete roll of all persons liable to [Illegible Text] militia duty, and return the same to the Justices of the Inferior court. Sec. 10. And be it further enacted, That the said Justices of the Inferior court, shall in due time order an election for Field officers, which said election shall be held and conducted in the manner prescribed by the militia laws now in force. Sec. 11. And be it further enacted, That the Justices of the Inferior court shall proceed to select grand and [Illegible Text] jurors according [Illegible Text] the laws now in force in this State. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 22, 1828.

Page 65

AN ACT to alter and change the time of holding Land Courts in the several counties in this State. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, land courts may be held in the several counties in this State, on the first Tuesday in each month; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828. AN ACT to change the time of holding the Inferior Courts of Jones county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same. That from and after the passing of this act, the [Illegible Text] of [Illegible Text] the Inferior courts of said county, shall be on the fourth Monday in January and July in each year, and that all writs, declarations, recognizances, precepts and processes returnable to either of said terms as heretofore established, shall be made returnable to the next January term of said court, as specified above. Sec. 2. And be it further enacted, That all laws [Illegible Text] against this [Illegible Text] be and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 20, 1828.

Page 66

AN ACT to alter and fix the time of holding the Superior Courts in the counties of Gwinnett, Rabun, and Franklin, of the Western Circuit. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the time of holding the Superior courts in the counties of Gwinnett, Rabun, and Franklin, shall be as follows: In the county of Gwinnett, the second Monday in March and September. In the county of Rabun, Thursday after the second Monday in April and October. In the county of Franklin, the fourth Monday in April and October. Sec. 2. And be it further enacted by the authority aforesaid, That all persons summoned, subp[oelig]naed, or bound as suitors, witnesses, jurors, or in any other capacity to attend said courts, at the time which by the laws now in force are holden, shall be bound by virtue of said summons, subp[oelig]na, or any other process heretofore issued, to attend said courts as altered by this act. Sec. 3. And be it further enacted by the authority aforesaid, That all writs, precepts, and processes of any kind or nature whatsoever, shall be made returnable to the terms heretofore recited. Sec. 4. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828.

Page 67

AN ACT to alter the time of holding the Superior Courts in the Middle Circuit. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the time of holding the Superior courts in the Middle Circuit, shall be as follows: SPRING CIRCUIT. In the county of Columbia, on the second Monday in March. In the county of Washington, on the fourth Monday in March. In the county of Montgomery, on the second Monday in April. In the county of Tattnall, on the Thursday thereafter. In the county of Emanuel, on the third Monday in April. In the county of Scriven, on the fourth Monday in April. In the county of Burke, on the first Monday in May. In the county of Jefferson, on the third Monday in MayAnd In the county of Richmond, on the fourth Monday in May. FALL CIRCUIT. In the county of Columbia, on the second Monday in September. In the county of Washington, on the fourth Monday in September. In the county of Montgomery, on the Thursday after the first Monday in October. In the county of Tattnall, on the second Monday in October. In the county of Emanuel, on the Thursday thereafter. In the county of Scriven, on the third Monday in October. In the county of Burke, on the fourth Monday in October. In the county of Jefferson, on the second Monday in November; In the county of Richmond, on the third Monday in November. Sec. 2. And be it further enacted by the authority aforesaid, That all petitions, bills, and [Illegible Text] and all processes whatsoever, returnable to said courts, at any other times than those herein mentioned, be and the same are made returnable to the courts to be held according to this act; and all parties, jurors, witnesses, and other persons required to attend said courts or any of them, are required to attend at the times hereinbefore stated. Sec. 3. And be it further enacted by the authority aforesaid, That nothing contained in this act, shall be considered as extending to, or in any way affecting the adjourned session of the Superior court of the county of Burke, which is to be holden on the second Monday in January next. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 20, 1828.

Page 68

AN ACT to alter and fix the time of holding the Superior and Inferior Courts in the Flint Circuit. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the Superior courts of the several counties in the Flint circuit, shall be held at the times following, to-wit: In the county of Houston, on the third Mondays in April and October. In the county of Crawford, on the third Mondays in February and August. In the county of Upson, on the Mondays thereafter in February and August. In the county of Pike, on the first Mondays in March and September. In the county of Fayette, on the second Mondays in March and September. In the county of Henry, on the third Mondays in March and September. In the county of Newton, on the fourth Mondays in March and September. In the county of Butts, on the first Mondays in April and October. In the county of Monroe, on the second Mondays in April and October. In the county of Bibb, on the third Mondays in January and July. Sec. 2. And be it further enacted, That from and immediately after the passage of this act, the Inferior courts in the different counties in said circuit, shall be held at the times following, to-wit: In the county of Houston, on the fourth Mondays in January and July. In the county of Crawford, on the third Mondays in May and November. In the county of Upson, on the fourth Mondays in May and November. In the county of Pike, on the first Mondays in June and December. In the county of Fayette, on the second Mondays in June and December. In the county of Henry, on the third Mondays in June and December. In the county of Newton, on the fourth Mondays in June and December. In the county of Butts, on the third Mondays in July and January. In the county of Bibb, on the third Mondays in April and October.

Page 69

Sec. 3. And be it further enacted, That all declarations, writs, recognizances, precepts, and processes, returnable to said courts, shall be, and the same is hereby made returnable at the times herein before specified. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, 22d Dec. 1828. AN ACT to regulate the jurisdiction of the Court of Common Pleas for the city of Augusta, the fees of the Attorneys, Clerk, and Sheriff thereof, for diminishing the number of its terms from twelve to four during the year, and for other purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Court of Common Pleas for the city of Augusta, shall have jurisdiction over any suit or action ex contractu, wherem the principal debt amounts to the sum of two hundred and fifty dollars exclusive of interest, and in any suit or action ex delicto, wherein the damages claimed do not exceed the sum of two hundred and fifty dollars, but not in any suit or action over which Justices of the Peace hitherto have had jurisdiction. Sec. 2. And be it further enacted by the authority of the same, That from and after the passage of this act, the said court shall hold but four terms in each and every year; the first on the fourth Monday in January; the second on the fourth Monday in April; the third on the fourth Monday in July; and the fourth on the fourth Monday in October. Sec. 3. And be it further enacted by the authority of the same, That the attorneys practising in said court, shall receive as a tax fee on all suits brought before said court and perfected to judgment, the sum of three dollars; and on all suits brought and settled before judgment, the sum of two dollars.

Page 70

Sec. 4. And be it further enacted, That the Clerk and Sheriff of the court aforesaid, shall have and receive but two thirds of the fees heretofore allowed to each respectively by law; and the practice of said court to be charged as costs against the suitors in said court. Sec. 5. And be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said court, upon the institution of any suit, to collect and receive from the plaintiff, the fee which is allowed by law to the Judge of said court, and required to [Illegible Text] advanced at the institution of said suit. Sec. 6. And be it further enacted, That all judgments obtained in said court, shall have a lien on all property belonging to defendant throughout the state, and all executions shall be directed to the city sheriff, and all and singular the sheriffs of the State of Georgia, and may be levied on property throughout the said State: Provided, that the city sheriff shall levy all executions on property within the limits of the corporation. Sec. 7. And be it further enacted by the authority aforesaid, That the sheriff and clerk of said court, shall be liable to be sued in said court in the same names in which other parties are made defendants; and when the clerk of said court shall be defendant in any [Illegible Text] or action, it shall be the duty of said clerk to copy the petition upon which said suit is founded, and annex a process thereto, which shall be signed by the Judge of said court, and shall be served in the same manner as in other cases; and it shall be the duty of the clerk aforesaid, to make out final process in any case in which he may be interested, which shall be signed by the Judge of said court, and executed as in all other cases; and when the sheriff of the court aforesaid, shall be defendant in any suit brought before the court aforesaid, it shall and may be lawful for the Marshall of the city, or any one of the city constables, to effect service on said city sheriff, and such service shall be deemed good and valid; and it shall moreover be lawful for the Marshall or any city constable, to [Illegible Text] all processes against the sheriff; and the proceedings thereon shall be the same as in other cases. Sec. 8. And be it further enacted, That all laws regulating affachments in relation to evidence, and the taking of depositions by interrogatories of force in the Superior court of this State, shall be of force in the City court. Sec. 9. And be it further enacted, That all laws or parts of laws [Illegible Text] to the provisions of this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 19, 1828.

Page 71

Constiution. AN ACT to [Illegible Text] the third, seventh, and twelfth sections of the first article, and the first and third sections of the third article of the Constitution of this State. Whereas, a part of the third section of the first article of the Constitution is in the following words, to-wit: The Senate shall be elected annually. A part of seventh section of the first article is in the following wordsThe Representatives shall be chosen annually. And a part of the twelfth section of the first article, is in the following wordsThe meeting of the General Assembly shall be annually. And whereas, a part of the first section of the third article, is in the following words, to-wit: The Judges of the Superior Courts shall be elected for the term of three years. And a part of the third section of the third article, is in the following wordsThere shall be a State's Attorney and Solicitors appointed by the Legislature, and commissioned by the Governor, who shall hold their offices for term of three years. And whereas, the before recited clauses, require amendment: Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That so soon as this act shall have passed agreeable to the requisitions of the Constitution, the following shall be adopted [Illegible Text] lieu of the foregoing clause in the before recited sections, to-wit: In lieu of the clause in the third section of the first article, [Illegible Text] following, to-witThe Senate shall be elected biennially, after the year eighteen hundred and thirty-one. In lieu of the clause in [Illegible Text] seventh section of the first article, the followingThe represenatives shall be chosen biennially, after the year eighteen hundred and thirty-one. In lieu of the clause in the twelfth section in the first article, the followingThe meeting of the General Assembly shall be biennially, after the year eighteen hundred and thirty-one. An lieu of the clause in the first section of the third article, the followingThe Judges of the Superior Courts shall be elected for the term of four years; the first election to take place in eighteen hundred and thirty-one. And in [Illegible Text] of the clause in the third section of the third article, the followingThere

Page 72

shall be a State's Attorney and Solicitors appointed by the Legislature and commissioned by the Governor, who shall hold their offices for the term of four years; the first election to take place in eighteen hundred and thirty-one. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Canals. AN ACT to authorise his Excellency the Governor to subscribe to the stock of The Savannah, Ogechee and Alatamaha Canal Company. Whereas, the State of Georgia is deeply interested in carrying into effect every enterprise having for its object internal improvement, and giving facility to the commerce and transportation of the products of the different counties in this StateAnd whereas the laudable efforts made for this purpose by the Savannah, Ogechee, and Altamaha Canal Company, are likely as appears by their memorial, to [Illegible Text] abortive, thereby involving great private and public loss of [Illegible Text], unless aid and assistance is afforded them by the Legislature of this StateAnd whereas the interest and honor of the State demand [Illegible Text] this first attempt at internal improvement, should not fail for the [Illegible Text] of means to carry it on: 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 his Excellency the Governor be, and he is hereby authorised on or after the first Monday in January next, or sooner, if he deems it expedient, to subscribe a sum not exceeding forty four thousand dollars, to the stock of the said Savannah, Ogechee and Altamaha Canal Company.

Page 73

Sec. 2. And be it further enacted. That his Excellency the Governor be, and he is hereby authorised to draw upon the Treasury for the said sum of forty-four thousand dollars to carry into effect the provisions of the first section of this act. Sec. 3. And be it further enacted, That immediately after the said subscription to the stock of the said corporation, his Excellency the Governor be, and he is hereby authorised to appoint annually one Director of the Board of Direction of the said Corporation, to represent the interest of the State. Sec. 4. And be it further enacted, That all laws militating against this act, be repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 18, 1828. Duelling. AN ACT to [Illegible Text] and amend the additional oath required by law to be taken by all officers, civil and military, to [Illegible Text] the offence of duelling. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That all officers, civil and military, who shall or may be appointed on or after the first of January next, in this State, before they enter upon the duties of their office, shall take and subscribe the following oath in addition to the oath heretofore prescribed:I, A. B. do solemnly swear, or affirm, as the case may be, in the presence of Almighty God, that I have not since the first day of January, eighteen hundred and twenty-nine, been engaged in a duel either directly or indirectly, as principal or secondnor

Page 74

have I given or accepted, or knowingly carried and delivered a challenge, or message purporting to be a challenge, either verbally or in writing, to fight the person of another, in the State of Georgia or elsewhere, at sword, pistol, or other deadly weapon: so help me God. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented Dec. 19, 1828. Elections. AN ACT to establish an Election District in the county of Troup, and punish those who may attempt to defeat the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be lawful to hold an election for Governor, members to Congress, Electors of President and Vice-President, members of the Legislature, and for all county officers, at the place of holding Justices Courts, in the fourteenth district of formerly Carroll, now Troup county. Sec. 2. A nd be it further enacted, That one justice of the peace or a justice of the inferior court, and two freeholders may superintend the elections in said districts after, the said freeholders shall have taken the following oath:I do [Illegible Text] swear that I will faithfully and impartially superintend this day's election, and make a full and fair return thereof according to law and the best of my abilities: so help me God. Sec. 3. And be it further enacted, That the superintendents of said district election shall, and they are hereby required on the day of said election to count out the votes by them taken in, and make a fair statement of the polls; and one or more of the superintendents of

Page 75

said district election shall meet one or more of the superintendents of the election held at the court-house in said county, on the day after the election and there compare and add the returns of votes together, and transmit a true statement of the same to the Executive Office, agrecable to the laws of the State now in force. Sec. 4. And be it further enacted, That if any person shall vote, or attempt to vote, at more than one place in said county, for the same election; or if any magistrate or superintendent of said district election, shall violate the trust to him committed by this act, such person or magistrate shall be deemed guilty of a high misdemeanor, and on conviction thereof before the superior court of said county, shall be fined fifty dollars, or be imprisoned at the discretion of the court, for a term not exceeding ten days. Sec. 5. And be it further enacted, That the place of the sheriff, or his deputy, shall be supplied by any lawful constable at said district election, and that said district election shall in all other respects than those herein recited, be conducted in the same manner and at the same time as is prescribed by the laws now in force in this State regulating general elections. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 17, 1828. AN ACT to establish and regulate District Elections in the county of Talbot, and to punish those who may attempt to defeat the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the General Election, for Governor, Representatives to Congress, Electors to elect the President and Vice-President, and members to the state legislature, and for all county and state officers, so far as respects the county of Talbot, may and shall be hereafter held at Wm. Cormack's, or the place of holding justices courts in captain John McMikell's district, in said county, and at the place of holding the superior and inferior courts for the county of Talbot. And at the house of Robert Dunkin, [Illegible Text] on lot number two hundred and thirty-five, in the twenty-second district of formerly Muscogee, now Talbot county. Each of which places shall be an election district until permanent arrangements are made in and for said county.

Page 76

Sec. 2. And be it further enacted by the authority aforesaid, That any two magistrates, and one freeholder or two justices of the inferior court and one freeholder, within said county, may superintend said election at each place, after said freeholders have taken the following oath: I do solemnly swear, or affirm, that I will faithfully superintend this day's election, and make a just and true return thereof according to law and the best of my abilities: so help me God. SEC. 3. And be it further enacted by the authority aforesaid, That the superintendents of each district election shall, and they are hereby required on the day of said election to count out the ballots by them taken in, and make a fair statement of the polls; and one justice of the peace or of the inferior court or more, of the superintendents from each of the said districts, shall meet one or more from each of the other districts, at the court-house or place of holding the superior courts, and all other public business in and for said county on the ensuing day, and there compare and add the several returns or votes together, and to certify to his Excellency the Governor the persons so elected, agrecable to the laws of this state now in force. Sec. 4. And be it further enacted by the authority aforesaid, That any person who shall commit, or attempt to commit any act, designed to defeat the intentions of this law, shall be considered guilty of a high crime and misdemeanor, and on conviction thereof, shall be fined in a sum not less than one hundred dollars, and imprisoned not less than ten days, at the discretion of the court. Sec. 5. And be it further enacted by the authority aforesaid, That when any doubt shall be suggested as to the propriety of any vote offered, it shall be the duty of the superintendents to administer, in addition to the oath prescribed by law, the following oath, to-wit:I do solemnly swear, or affirm, that I have not this day voted at any election for any senator, representative, member for Congress or county officer: so help me God. Sec. 6. And be it further enacted by the authority aforesaid, That the duty of the sheriff, or his deputy, may be supplied at such elections by any lawful constable; and that all the elections requiring the vote of the said county, may and shall be held at the said election districts, and that said election shall in all other respects than those herein recited, be conducted in the same manner and at the same time as is permitted by the laws now in force regulating general and county elections. SEC. 7. And be it further enacted by the authority aforesaid, That all laws and parts of laws heretofore passed, which are contrary to the principles of this act, be and they are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 19, 1828.

Page 77

AN ACT to establish an additional Electoral District in the county of Rabun. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, there shall be established an additional electoral district in the county of Rabun, at the house of Alexander Kells, on Talloola. At which place it is hereby made legal for all persons entitled to vote for members of the General Assembly of this State in said county, to vote at the aforesaid place for representatives from this State in the Congress of the United States, members of the Legislature, Electors to elect the President and Vice-President of the United States, Governor of this State, and all county officersWhich election shall be held and conducted under the same rules, regulations and penalties, as are prescribed by lawAll laws or parts of laws to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 16, 1828. AN ACT to repeal so much of the first section of an act passed the eighteenth of December, eighteen hundred and twenty-seven, entitled an act to amend the several acts relative to the establishment and regulation of election districts in the county of Gwinnettas relates to the establishment of an election district at the house of David Watkins, in Captain Woodroof's districtand to establish an election district at the house of John Choice Co. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, so much of the first section of the above recited act as relates to the establishment of an election district, at the house of David Watkins, in Captain Woodroof's district, be and the same is hereby repealed.

Page 78

Sec. 2. And be it further enacted, That from and after the passage of this act, there shall be an election district established at the house of John Choice and company, the place of holding justices court, in captain Everitt's district, Gwinnett county. Sec. 3. And be it further enacted, That all elections for Governor, members of Congress, and members of the State Legislature, and for Electors of President and Vice-President, and county and militia officers be, and they are hereby required to be conducted at said place, and at all other election precincts in said county, subject to the same rules and regulations as are provided to govern election districts in said county. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828. AN ACT to amend the first section of act to amend 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, so far as the same requires all general elections to be held at the place of holding the superior courts, and to alter the manner of holding the election of county officers in the counties of Franklin and Habersham, passed December twenty-fourth, eighteen hundred and twenty-five, so far as to include in said first section, Justices of the Inferior Court, and Electors of President and Vice-President of the United States. Be it enacted by the Senate and house of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same That the first section of the before recited act be, and is hereby so amended as to include Justices of the Inferior Court and Electors of President and Vice-President of the United States who shall hereafter be elected under the provisions of said act. Sec. 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 18, 1828.

Page 79

AN ACT to alter and amend the first section of an act, entitled an Act to carry into effect the fourth and fifth sections of the third article of the Constitution of the State of Georgia, so far as the same relates to the election of Justices of the Inferior Courts, within the county of Henry. 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 future all elections for Justices of the Inferior Courts for the county of Henry shall be at the times prescribed by the before recited section, and shall be held at the town of McDonough, and at the house of John Lovejoy, in the twelfth district, and at the place of holding Justices Courts, in the five hundred and twenty-sixth district company of Georgia militia, and shall be opened, held, and conducted in the same manner as is now by law prescribed for members of the General Assembly, sheriffs, clerks, and other county officers, within the county aforesaid. Sec. 2. A nd be it further enacted, That any thing in the before recited section, and all laws, or parts of laws, militating against the true intent and meaning of this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 17, 1828. AN ACT to amend an act, entitled an Act to establish additional Electoral Districts in the county of Warren. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, there shall be established additional electoral districts in the county of Warren; one at the house of Burman S. Harrison, or at the place whereat the Justices Court for the one hundred and fifty-fifth district of the Georgia Militia may be holdenalso at the house of Benoni Ryland, in the one hundred and fifty-first district, or wherever the Justices Court may be hereafter holden in

Page 80

said districtAlso at the house of Willis Darden, in the one hundred and fifty-ninth district, or wherever the Justices Court may be hereafter holden in said districtAnd at the house of Solomon Newsom, in the one hundred and fiftieth district, or wherever the Justices court may be hereafter holden in said district; and also at the house of Henry Williams, or at such place as the Justices Courts for the one hundred and fifty-second district may be holden, in conformity to law. At which places it is hereby made legal for any person entitled to vote for members of the General Assembly of this State, in said county, to [Illegible Text] at the aforesaid places for representatives in Congress of the United States, members of the State Legislature, Electors to elect the President and Vice-President of the United States, Governor of this State, Militia officers, and all county officers. Sec. 2. And be it further enacted, That said elections shall be held in the same manner under the same rules, regulations and penalties, as are prescribed in an act passed the twenty-third day of December, one thousand eight hundred and twenty-six, to estublish an electoral district in the county of WarrenAll laws or part of laws, to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 16, 1828. AN ACT to establish and regulate election districts, in the counties of Walton, Fayette, Pike, Coweta and Hall, and to punish those who may attempt to defeat the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall and may be lawful to hold all elections for Governor, members to Congress, Electors of President and Vice President of the United States, members of the Legislature, and for all county and regimental officers, at the house of William B. Willingham, in the fourth district of the county of Walton. At the place of holding Justices Courts in the fourth district of the county of Fayette. At the house of Neil Urquhart, in the ninth district of originally Monroe, now Pike county. And at the place of holding Justices Court, in the first district of the county of Cowetaand at the house of Silas Cheek in said county of Coweta. And at the

Page 81

house of Robert Young, instead of the house of Mary Mullins, in the county of Hall, in addition to the other places established by law for holding elections in said counties. Sec. 2. And be it further enacted, That one Justice of the Peace or Justice of the Inferior Court, and two freeholders may [Illegible Text] the elections in said districts, after the said freeholders shall have taken the following oath, viz: I do solemnly swear that I will faithfully and impartially superintend this day's election, and make a full and true return thereof according to law and to the best of my abilities: so help me God. Sec. 3. And be it further enacted, That the superintendents of said elections shall, and they are hereby required on the day of said election, to count out all the votes by them taken in, and make a fair statement of the polls; and one or more of the superintendents of said district elections, [Illegible Text] meet one or more of the superintendents from each of the other districts or places of holding elections on the next day after said election, which meeting shall be held at the court-house in each county, and there add and compare the several returns of the votes together, and transmit a true statement of the same to the Executive Office agreeable to the laws of this state now in force. Sec. 4. And be it further enacted, That if any person shall vote, or attempt to vote, at more than one place in said county for the same election, or if any magistrate or [Illegible Text] of any of said district elections shall violate the trust to them committed by this act, such person or magistrate shall be deemed guilty of a high, [Illegible Text] and on conviction thereof before the superior court of said county, shall be fined in a sum not exceeding fifty dollars, or imprisoned at the discretion of the court, for a term not exceeding ten days. Sec. 5. And be it further enacted, That the place of the sheriff, or his deputy, may be supplied by any lawful constable at said district elections; and that said district elections shall in all other respects be held and conducted in the same manner, and at the same times, as is prescribed by the laws of this state now in force regulating electionsAny law or parts of laws, to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCK President of [Illegible Text] JOHN FORSYTH, [Illegible Text] Assented to Dec. 19, 1828.

Page 82

AN ACT for the payment of such person or persons as may be employed by the superintendents of the elections of electors of President and Vice-President of the United States, of Governor of this State, and members of Congress, in the several counties of this state, to take the same to the seat of government. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act it shall be the duty of the officers who may superintend the election of electors of President Vice-President of the United States, of the Governor of this state, members of Congress, in the several counties of this state, to trans mit by mail to his Excellency the Governor, the result of said elections as soon thereafter as practicable; and in those counties where no mail passes within seven days after the elections are determined, to the seat of government, it shall be the duty of the aforesaid superintendents of said elections to transmit the same to his Excellency the Governor by a special messenger to be by them employed for that purpose. Sec. 2. And be it further enacted by the authority aforesaid, That such person or persons as may be employed by the officers superintending the elections aforesaid according to the provisions of this act, shall receive for the service by them so rendered, such sum as may be deemed by his Excellency the Governor just and proper, and that the same be paid out of the Contingent Fund. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 22, 1828.

Page 83

AN ACT to establish an Election District in the [Illegible Text] of Harris. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall and may be lawful for general elections for Governor, members to Congress, Electors for President and Vice-President of the United States, members of the Legislature, and county officers, to be held at the house of Joseph Whitakers, in the twentieth district of said county, and at the court house in the town of Hamilton. Sec. 2. A nd be it further enacted, That one justice of the peace, or one justice of the inferior court, and two freeholders, may superintend the elections in said district, after the said freeholders have taken the following oath:I do solemnly swear, or affirm, that I will faithfully superintend this day's election and make a just and true return thereof according to law, and the best of my abilities: so help me God. Sec. 3. A nd be it further enacted, That the superintendents of said district elections shall, and they are hereby required on the day of said election to count out the ballots by them taken in, and make a fair statement of the polls; and one or more of the superintendents of the election held at the court-house in the town of Hamilton, on the next day after the said election, and there compare and add the returns or votes together, and transmit a true statement of the same to the Executive office, agreeable to the laws of this state now in force. Sec. 4. A nd be it further enacted. That if any person shall vote or attempt to vote, at more than one place in said county, for the same election, or if any magistrate or superintendent of said district election shall violate the trust confided to him by this act, such person or magistrate may be prosecuted for a high misdemeanor, and on conviction thereof before the superior court, shall be fined in a sum of fifty dollars, or be imprisoned at the discretion of the court. Sec. 5. A nd be it further enacted, That the place of the sheriff, or his deputy, may be supplied by any lawful constable at said district election; and that in all other respects the said district elections shall be conducted in the same manner and at the same time, as is prescribed by the laws now in force in this state regulating elections. Sec. 6. A nd be it further enacted, That all laws and parts of laws militating against this act, be and they are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 16, 1828.

Page 84

AN ACT to establish and regulate district elections in the county of Lowndes, so far as respects the fifteenth and sixteenth districts of said county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first Monday in January next, that elections for Governor, members of the Legislature, members of Congress, Electors to vote for President and Vice-President of the United States, and county officers and militia officers in the aforesaid county, shall and may be held at the following places, exclusive of the court-house, to-wit:For the fifteenth district, at the house of Daniel Burnett, and for the sixteenth district, at the house of Silas Overstrett. Sec. 2. A nd be it further enacted by the authority aforesaid, That one justice of the inferior court or justices of the peace, and two freeholders shall, and may be competent to superinted said elections; said freeholders first taking the following oath before a justico of the inferior court or justice of the peace, to-wit: I, A. B. do solemnly swear that I will faithfully and impartially superintend this day's election, and make a just and true return thereof to the best of my [Illegible Text] so help me God. Sec. 3. And be it further enacted by the authority aforesaid, That one or more of the superintendents from the several [Illegible Text] shall meet at the court-house on the day succeeding said elections, and there compare the several returns and certify to his Excellency the person or persons elected. Sec. 4. And be it further enacted by the authority aforesaid, That [Illegible Text] justices superintending the election at the court-house, shall [Illegible Text] the polls at the usual hour prescribed by law, and proceed to [Illegible Text] the votes, but shall not certify the person or persons elected, till twelve o'clock the next day; by which time the superintendents from the [Illegible Text] shall meet to compare the votes taken by them. SEC. 5. And be it further enacted, That any person or persons voting or [Illegible Text] to vote, at more than one place on the same day, shall pay a fine of thirty dollars, recoverable by any court having competent jurisdiction of the same. Sec. 6. And be it further enacted, That the place of the sheriff at said elections may be supplied by any lawful constableAny law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 18th, 1828.

Page 85

AN ACT to alter and amend an act, passed the twenty-fourth day of December, one thousand eight hundred and twenty-five, entitled an act establishing Battalion District Elections in the county of Burke. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of February next, the before recited act shall be so altered and amended as to authorise all elections for Governor, Electors of President and Vice-President of the United States, Representatives in the Congress of the United States, and senators and representatives in the General Assembly of the State, and for all county officers to be holden at the court-house in Waynesborough; and at the places of holding Justices Courts in the several districts in the said county. Sec. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the magistrates in the several districts of said county to cause such elections to be holden in their respective districts, and returns of the same to be made under the same rules and regulations, and subject to the same penalties as are prescribed in the above recited act. Sec. 3. And be it further enacted, That so much of the above recited act, and all other acts as militate against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 8, 1828. AN ACT to establish three additional districts in the county of Marriwether, and to punish those who may attempt to defeat the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the general [Illegible Text] for members of Congress, and Same

Page 86

Legislature, and for all county and state officers, so far as respects the county of Merriwether, may be held, one at the house of Mr. Mays, on lot nnmber twenty-six in the ninth district of originally Troup, but now Merriwether; and one in the tenth district of originally Troup but now Merriwether, at the house of Mr. Hundson, on lot number one hundred and twenty-seven; and one on lot number ninety-nine, in the second district of originally Troup, but now Merriwether, at the house of Thomas McBurnets. Sec. 2. And be it further enacted, That one justice of the peace, or one justice of the inferior court, and two freeholders may superintend said elections at each place, after said freeholders have taken the following oath:I do solemnly swear, or affirm, that I will faithfully superintend this day's election, and make a just and true return thereof, according to law and the best of my abilities: so help me God. Sec. 3. And be it further enacted, That the superintendents of each district election shall, and they are hereby required on the day of said election, to count out the ballots by them taken in, and make a fair statement of the polls; and one magistrate or more of the superintendents from each of the said districts, shall meet one or more from each of the other districts at the court-house of said county, on the next day after said election, and there compare the several returns together, and to certify to his Excellency the Governor, the persous so elected, agreeably to the laws of this state now in force. Sec. 4. And be it further enacted, That if any person shall vote or attempt to vote, at more than one of the said election districts, at the same election; or if any magistrate presiding at such election, shall violate the trust confided to him by this act, such person or magistrate shall be deemed guilty of a high misdemeanor, and shall on conviction thereof, before the superior court of the said county, be fined in the sum of fifty dollars, and be imprisoned at the discretion of the court for a term not exceeding ten days. Sec. 5. And be it further enacted, That when any doubt shall be suggested as to the propriety of any vote offered, it shall be the duty of the superintendents to administer in addition to the oath prescribed by law, the following oath, viz:I do solemnly swear, or affirm, that I have not this day voted at any election for any senator, representative, member of Congress, or county officer: so help me God. Sec. 6. And be it further enacted, That the place of the sheriff, or his deputy, may be supplied at such election by any lawful constable, or any other individual that the magistrate presiding at such election may appoint to supply the sheriff or his lawful deputy; and that said election shall in all other respects than those herein recited be conducted in the same manner and at the same time as is prescribed by the laws now in force regulating general and county electionsAny law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 87

Indians. AN ACT to protect the Frontier Settlements of this State from the intrusion of the Indians of the Creek Nation. Whereas, many inconveniences and injuries result to the citizens of this State, in the frontier counties, from the unlimited intercourse of the Indians of said nation, by disturbing the peace and tranquility, and destroying and purloining the property of its citizensFor remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid, That from and after the passage of this act, it shall not be lawful for any Indian or descendant of an Indian, belonging to the Creek nation of Indians, to cross the river Chattahoochee, and enter upon the territory of said State, under any pretext whatever, except they have and can shew a written permit from the United State's Agent of said nation, specifying their particular business; which permit shall not exceed ten days duration. Sec. 2. And be it further enacted by the authority aforesaid, That whenever any Indian of said nation shall be found within the limits aforesaid, it shall and may be lawful for any Judge of the Superior courts of this state, any Justice of the Inferior courts or Justice of Peace, on the information on oath of any citizen of said state, that any Indian or Indians as aforesaid, are strolling over the territory of said state, in any of the frontier counties, to issue their warrant to the Sheriff, his Deputy, or any constable of said county, and state requiring the said officer to notify said Indian or Indians to leave the territory of said state forthwith, unless they can shew a permit from said Agent, and on their refusing to obey said order or exhibit said permit, to apprehend said Indian or Indians, and bring them before the magistrate, having cognisance of the same, and if on examination, it shall appear that said Indian or Indians, have no permit as aforesaid, then it shall and may be lawful for said magistrate to imprison the said Indian or Indians, in the common Jail of said county, and in the event of there being no Jail in the county, then in some suitable or conyenient place, not exceeding the term of ten days. Sec. 3. And be it further enacted by the authority aforesaid, That when any Indian or Indians, shall be strolling over any county, on the frontier of said state, with such permit as aforesaid, and shall interfere with the private property, or interrupt the peace and tranquility of any of the citizens aforesaid, it shall and may be lawful

Page 88

for them to be apprehended as aforesaid, on its being made appear to the satisfaction of the magistrate, to whom the warrant is made returnable, that said Indiah or Indians, were without lawful business, and disturbing the peace, or molesting the property of said citizens; for said magistate to imprison said Indian or Indians, not exceeding the term of time aforesaid. Sec. 4. And be it further enacted by the authority aforesaid, That all laws or parts of laws, that are repugnant to this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Sehate, JOHN FORSYTH, Governor. Asseuted toDec. 20, 1828. AN ACT to add the Territory lying within the limits of this State, and occupied by the Cherokee Indians, to the counties of Garroll, DeKalb, Givinnett, Hall and Habersham; and to eixend the laws of this State over the same, and for other purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly mel, and it is hereby enacted by the authority of the same [Illegible Text] [Illegible Text] and after the passing of this act, all that part of the territory, within the limits of this state, and which lies between the Alabama line, and the old path leading from the Buzzard Roost, on the Chattahoochee river, to Sally Huse's, where the said path strikes the Alabama road, thence with said road, to the boundary line of Georgia, be and the same is hereby added to, and shall become a part of the county of Carroll. Sec. 2. And be it [Illegible Text] by the authority aforesaid, That all that part of the said territory, lying and being north of the last [Illegible Text] line, and south of the road, running from Charles Gates [Illegible Text] on Chattahoochee river, to Dick Roes, to where it intersects with the path aforesaid be, and the same is hereby added, and [Illegible Text] become a part of the county of DeKalb. Sec. 3 And be it further [Illegible Text] That [Illegible Text] that part of said territory lying north of the last mentioned line, and south of the old federal road be, and the same is hereby added, and shall become a part of the [Illegible Text] of [Illegible Text]

Page 89

Sec. 4. And be it further enacted. That all that part of the said territory, lying north of said last mentioned line, and south of a line to begin on the Chestertee river, at the mouth of Yoholo creek, thence up said creek, to the top of the Blue ridge, thence to the heand waters of Notley river, thence down said river, to the boundary line of Georgia be, and the same is hereby added to, and shall become a part of the county of Hall. Sec. 5. And be it further enacted, That all that part of the said territory, lying north of the last mentioned line, within the limits of Georgia be, and the same is hereby added to, and shall become a part of the county of Habersham. Sec. 6. And be it further enacted, That all the laws of this State be, and the same are hereby extended over said territory, and all white persons residing within the same, shall immediately after the passage of this act, be subject and liable to the operation of the said laws, in the same manner as other citizens of the state, or the citizens of said counties respectiyely. Sec. 7. And be it further enacted, That after the first day of June, 1850, all Indians then, and at that time, [Illegible Text] in [Illegible Text] ferritory, and within any one of the counties as aforesaid, shall be hable and subject to such laws and regulations, as the legislature may hereafter prescribe. Sec. 8. And be [Illegible Text] further enacted, That all laws, usages, and customs made, established and in force, in the said territory, by the said Cherokee Indians be, and the same are hereby on, and after the first June, 1830, declared null and void. Sec. 9. And be it further enacted, That no Indian, or [Illegible Text] of Indian, residing within the Creek or Cherokee nations of Indians, shall be deemed a competent witness, or a party to any suit, [Illegible Text] court created by the constitution, or laws of this state, to which a white man may be a party. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor, Assented to, Dec. 20, 1828.

Page 90

Judiciary. AN ACT to abolish the right of Survivorship in joint Tenants in this State. Whereas, it is doubtful whether the right of survivorship, as under the English law, does not still exist in this State, in all estates of joint tenantcy. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, when two or more persons shall hold and possess any estate of lands in joint tenantcy in this State, and one or more of said joint tenants, may depart this life during the existence of said estate, the title or interest of the deceased joint tenant in said estate, shall not go to become the property of the surviving joint tenant or tenants as under the English law, but that the same shall be distributed as all other estates are under the existing laws of this State. Sec. 3. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN [Illegible Text] Governor. Assented to, December 17, 1828.

Page 91

AN ACT to regulate the trial of claims to Land and Negroes, when levied on by attachments in the Justice's Courts in this State. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, when any attachment returnable to a Justice's court in this state, shall be levied on land which has been claimed by any person or persons not a party to said attachment, it shall be the duty of the officer levying the same, to return the claim papers to the clerk of the next Superior court of the county where the land lies, which court shall cause the right of property to be tried in the same manner as in other claim cases. Sec. 2. And be it further enacted, That when any attachment as aforesaid, shall be levied on any negro or negroes which may be claimed as aforesaid, it shall be the duty of the levying officer to return the claim papers to the clerk of the next Superior or Inferior court of the county in which said attachment has issued, and it shall be the duty of the courts aforesaid, to cause the right of property to be tried in the same manner as in other cases of claims. Sec. 3. And be it further enacted, That the person or persons claiming as aforesaid, shall present their claim in the same manner, and be entitled to a replevy under the same rule and regulations as in other cases of attachments and claims. SEC. 4. And be it further enacted by the authority aforesaid, That the jury, before the trial of any of the claims aforesaid, shall have administered unto them the following oath, to-wit: You do swear or affirm, that you will give to plaintiffs in attachments against claimants, such damages as may seem reasonable and just, not less than ten per cent: Provided, it shall sufficiently appear that the claim was intended for delay onlySo help me God. Sec. 5. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this law, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assemted to, December 20, 1923.

Page 92

AN ACT to amend an act entitled an act, for the better protection of Orphans and their estates, passed on the eighteenth day of February, seventeen hundred and ninety-nine. Whereas, doubts have been entertained whether an Executor is entitled to any beneficial interest in his Testator's estate, other than the commissions now allowed by law for his care and trouble in the management of said estateWherefore, 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 no executor or executors in this this state shall, either at law or in equity, be entitled to any beneficial interest under and by virtue of the will or testament of their testator, not therein expressly mentioned, except their commissions as now allowed by law, but they shall hold the residuum or undevised real and personal estate as a trustee for the distributees or next of [Illegible Text] of their deceased testator or testatrix. Sec. 2. And be it further enacted, That if any widow or feme sole, after having obtained letters testamentary of administration or of guardianship shall marry, the letters so granted shall abate during the coverture, but the husband may be entitled to such letters [Illegible Text] his giving bond and security, and taking the oath required by law, or the Court of Ordinary may in their discretion, grant the same to any other person [Illegible Text] thereto, according to the laws of this State. Sec. 3. And be it further enacted, That when the Justices of the Inferior court of Courts of ordinary, shall or may issue a rule ni. si. against [Illegible Text] administrators, or guardians, a personal service by the sheriff or his deputy, or a copy of the rule shall be left by him at the executors, administrators, or guardian's notorious place of abode, which shall be deemed a legal service, and the Justices of the Inferior court or court of ordinary, shall proceed to decide the cause, as if a personal service had been effected; and in case the party should have removed without the jurisdiction of the court, then a publication in one of the newspapers nearest his former place of residence, once a week for three weeks, shall be deemed a sufficient and [Illegible Text] notice. [Illegible Text] HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 22, 1828.

Page 93

AN ACT to authorise and require Administrators de [Illegible Text] [Illegible Text] on the estates of deceased Administrators, to be brought in by scire facias, and made defendants. Also, to prescribe the mode of effecting service of orders of court taken against executors, administrators, or guardians, who are alledged to be mismanaging the estates they respectively represent. Be it enacted by the Senate and House of [Illegible Text] of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall and may be lawful in all suits, either in law or equity, brought against a former administrator, on whose decease letters of administration de [Illegible Text] non may be granted, to issue a scire facias to make such administrator a party at any time after the granting of such letters of administration de bonis non. Sec. 2. And be it further enacted by the authority of the same, That in all cases where an executor, administrator, or guardian, is alledged to be [Illegible Text] the estate which they may respectively represent; and the court shall pass an order requiring such executor, administrator, or guardian, to shew cause why such executor, administrator, or guardian, should not be compelled to give security for such executorship, administration, or guardianship revoked; it shall and may be lawful for the sheriff of the county, to effect service of a copy of such order personally on said executor, administrator, or guardian as the case may be, at least twenty days before the sitting of the court at which it is made returnable. Sec. 3. And be it further enacted, That in all such cases above alluded to, where the party against whom the said order shall be taken, shall remove out of the limits of the county or state, or [Illegible Text] or conceals himself, or stands in defiance of a peace officer, it shall and may be lawful, on the return of such fact by the sheriff, to cause a publication of said order of court to appear in some one of the public gazettes of this state at least three times, and such publication shall be deemed and held equivalent to such personal service. Sec. 4. And be it further enacted by the authority of the same, That all laws or parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828.

Page 94

AN ACT to compel the Attorney and Solicitors-General of this state, to give bond and security for the faithful discharge of the duties of their respective offices, and to further define the duties of the Comptroller General, the Attorney and Solicitors-General. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be the duty of the attorney and solicitors-general of this state, and they are hereby required before they are qualified and enter upon the duties of their respective offices, to give bond and security to the Governor for the time being and his successors in office, which shall be judged of and approved by him, in the sum of twenty thousand dollars, which said bond shall be conditioned to pay over to the comptroller general of the state, all monies collected as attorney general or solicitors of their several circuits, or otherwise in behalf of the state, to which the state may be entitled; also, the amount of all sums incurred by said attorney and solicitors general by reason of failure to pay over the same according to the act of eighteen hundred and twenty-three, and do and perform all other duties required of them by law, which said bond shall be field in the comptroller general's office, subject to the order of the legislature. Sec. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the attorney general and solicitors-general, to make an annual report of the state and standing of the clams in favor of the state under their control, to the comptroller general at the commencement of the session of the legislature, shewing what suits are instituted, and when instituted, and what money may have been collected during the preceding year, also on what cases collected. Sec. 3. And be it further enacted, That it shall be the duty of the comptroller general, to report to the legislature at its annual session, all arrears or neglect of duty by the attorney general, or [Illegible Text] of the solicitors-general; any law to the contrary [Illegible Text] IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828.

Page 95

Lands. AN ACT to sell and dispose of the State's interest, in lots of land, which have been or may hereafter be condemned as fradulently drawn in the counties of Lee, Muscogee, Marion, Harris, Talbot, Troup, Merriwether, Coweta and Carroll. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Sheriffs of the aforesaid counties be, and they are hereby authorised and required to advertise and expose for sale to the highest bidder, agreeable to the provisions of this act, all the state's interest, in lots of land, which have or may hereafter be condemned as fradulently drawn, in the above named counties. Sec. 2. And be it further enacted, That it shall be the duty of the sheriffs aforesaid, to advertise in two of the public Gazettes of this state, and also at the court-house, in the county where the land lies, at least thirty days before the day, on which said lots are to be sold, setting forth the number and part of such number, together with the district and county, in which each lot may lie, together with the number of acres, also the hours on which the sale will open and close. Sec. 3. And be it further enacted, That the highest bidder for any of the aforesaid lots, to which the State of Georgia has a right, shall be the buyer, who shall pay to the sheriff aforesaid, one fifth of the purchase money in cash, or current bank bills at pur, on the payment of which the said sheriff shall give to such purchaser or purchasers, a certificate, stating the amount paid, and the amount of such purchase money then due and to be paid, in four equal annual instalments to be paid to the Treasurer of the State of Georgia. Sec. 4. And be it further enacted, That if any purchaser or purchasers shall fail to pay the Treasurer of this state, any instalment at the time, the same may become due within sixty days thereafter, he, she, or they shall forfeit the sum paid, and the land revert to, and become the property of the state. Sec. 5. And be it further enacted, That when the last instalment is paid agreeable to the face of the certificate, given by the sheriff aforesaid, it shall be the duty of his Excellency the Governor, to cause a grant to be filled up in the name of the holder or holders of said

Page 96

certificate on his, her or their paying the sum of four dollars to the Treasurer. Sec. 6. And be it further enacted, That within forty days after the [Illegible Text] of said lots, the sheriffs aforesaid, shall make a report of the proceedings to the Treasurer of the State of Georgia, and [Illegible Text] over the money received and deposit a schedule of lots sold, the amount of sales, cash received, balance due for each lot, and from whom, and the sheriff shall receive as [Illegible Text] for his services, five per cent, on the amount received to be drawn for by warrant, from his Excellency the Governor, on the Treasury of this state. Sec. 7. And be it further enacted That [Illegible Text] sheriffs aforesaid, shall enter on the duties required of them, by this act, immediately after the first day of [Illegible Text] eighteen hundred and twenty nine, for all such [Illegible Text] as may have been [Illegible Text] and [Illegible Text] and all such lots as there has been no judicial decision and partition, within sixty days after such decision and partition, [Illegible Text] to law. IRBY HUDSON, Speaker of the House of Representatives. TPOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 20, 1828. AN ACT to be entitled an act, to Survey and dispose of all the unsold Islands in the Oakmulgee river, adjoining the counties of Monroe or Jones. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the sheriff of Jones county be, and he is hereby authorised to advertise thirty days before the day of sale, and expose to sale, on the first Tuesday in March next, all the unsold Islands, lying in the Oakmulgee river, [Illegible Text] the counties of Jones or Monroe, known by the name of the long shoal Islands. Sec. 2. And be it further enacted by the authority aforesaid, That the butter to enable the sheriff aforesaid, to know what Islands remain unsold, the county surveyor of Jones county he, and he is hereby required so soon as may be convenient, to proceed to [Illegible Text] and survey the unsold Islands, and make a true return of such survey, (before the time specified, for the sale of the same) to the sheriff aforesaid.

Page 97

Sec. 3. And be it further enacted, That the sheriff aforesaid, shall make and execute titles to the purchaser of said Islands, upon the purchaser, paying into his hands, one fifth of the purchase money, and a bond, with approved security, for the payment of the balance of said purchase money, to be paid in four annual instalments, which money when paid, shall be by said sheriff, paid into the [Illegible Text] of this state, after deducting the usual fees, for surveying and selling the same. [Illegible Text] Sec. 4. And be it further enacted, That all laws, and parts of laws, militating against this act, be and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 22, 1828. AN ACT to authorize the Justices of the Inferior Court of Jefferson county, to sell and dispose of the lot of land, in the town of Louisville, on which the old Court-House and Jail stands, together with said Court-House and Jail, also to levy an extra Tax, for the purpose of building a Jail of said county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly net, and it is [Illegible Text] enacted by the authority of the same, That the Justices of [Illegible Text] Inferior court, of the county of Jefferson, are hereby authorised to sell, and dispose of the lot of land, in the town of Louisville, upon which the old court-house and Jail stands, together with said old court-house and Jail, in such manner, and upon such terms, as will in their opinion, command the best price, and the amount of said sale, shall be by them applied for, and towards building a new Jail for said county. Sec. 2. And be it further enacted by the authority aforesaid, That the said Justices of the Inferior court be, and they are hereby authorised to levy an extra tax, on the inhabitants of said county, subject to taxation, until they shall raise an amount sufficient, with the proceeds of the sale of the old court-house and Jail, to build a good and substantial Jail, for said county, which tax shall not exceed in any one year, fifty per cent, on the general tax of said county.

Page 98

Sec. 4. And be it further enacted by the authority aforesaid, That said extra tax shall be collected by the tax-collector of said county, for the time being, he having given bond and security to the said court, for the faithful performance of his duty, whose duty it shall be to pay over the same, when collected to the said court, to be appropriated by them, for the purpose aforesaid, after deducting the usual per centum for collection. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 19, 1828. AN ACT to make valid the title to all lots of land, in the first district of Muscogee county, for which grants issued previous to the resurvey of said district, and to make valid all grants which have issued for fractions, and all draws of fractions, which were put into the wheel and drawn as whole lots, and to provide for the resurvey of such parts of said district, as have not been surveyed, and to compel the fraction selling commissioners to compare their advertisements for the sale of fractions in said district, with the list of fortunate drawers in the Executive Office, and strike from the advertisement, all such numbers of fractions, or lots as may have been drawn by any individual, and proceed to sell the balance of the fractions, in the order of their advertisement. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all and every grant or grants of which have been issued for any lot or lots of land in said district, previous to the resurvey of said district, are hereby declared to be good and valid to the granter for such lot of land, notwithstanding the marks and numbers may have been altered by the resurvey. Sec. 2. Be it further enacted, That all grants which issued for a fraction in said district, previous to its resurvey, and all fractions which were drawn as whole lots, are hereby declared to be good and valid, and shall be deemed, and taken as legal to all intents and purposes. Sec. 3. Be it further enacted, That when it shall be ascertained that any part of said district, has not been surveyed at all, the county surveyor shall proceed under the direction of three or more Justices of the Inferior court of the county, in which such [Illegible Text] may exist, to

Page 99

trace the resurveyed lines of said district, as far as they extend, and shall run them out in the direction of said resurveyed lines, plainly marking and numbering the lots, in the manner pointed out by law. Sec. 5. And be it further enacted, That immediately after the passage of this act, it shall be the duty of the fraction selling commissioners, to compare their advertisements, for the sale of fractions in said district, with the list of fortunate drawers in the Executive office, and strike from their advertisement, all such numbers as may have been drawn by any individual, and proceed to sell the balance of the fractions, in order of their advertisement. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Nov. 21, 1828. AN ACT to sell and dispose of lot of land, number one hundred and three, in the sixteenth district, of orginally Henry, now [Illegible Text] county, for the benefit of the state. Whereas, the aforesaid lot of land, was drawn by Elisha Hayman, of the county of Burke, through mistake, and whereas the said Elisha, did by an act of the General Assembly, passed on the twenty third day of Dec. in the year eighteen hundred and twenty-two, relinquish all claim, interest or title, which he the said Elisha had in, or to said lot of land, to the State of Georgia. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be the duty of the sheriff, of the county of DeKalb, to proceed to sell the aforesaid lot of land, at the court-house, in said county, by giving at least thirty days notice thereof, in two of the public gazettes of this state. Sec. 2. And be it further enacted, That the highest bidder for said lot of land, shall pay to the sheriff aforesaid, one fourth of the purchase money in cash or current bank bills of this state, on which payment, the said sheriff shall give to such purchaser a certificate, stating the amount paid, and the amount of such purchase money, then remaining unpaid, which shall be paid to the treasurer of this state, in three equal annual instalments, and which shall be attached

Page 100

to, and become a part of the Academy fund of this state. Sec. 3. And be it further enacted, That if the purchaser of said lot of land, shall fail to pay to the treasurer of this state, any instalment, at the time the same may become due, or within sixty days thereafter, he shall forfeit the sum or sums so paid, and the land shall revert to, and become the property of the state. Sec. 4. And be it further enacted, That when the last instalment shall have been paid, agreeably to said certificate, given by the sheriff aforesaid, it shall be the duty of the Governor, to cause a grant to be filled up in the name of the holder of said certificate, on his paying the sum of four dollars and fifty cents. Sec. 5. And be it further enacted by the authority aforesaid, That within sixty days after the sales of said lot, the sheriff aforesaid, shall make a report of his proceedings, to the treasurer of this state, with a schedule of the amount of the sale, balance due and from whom, and shall also pay over the money received, and the said sheriff shall receive as a compensation for his services, five per cent on the amount received, and paid over to the treasurer, to be drawn for by warrant from the Governor, on the treasurer of this state. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 20, 1828. AN ACT to extend the time for fortunate drawers in the Land Lotteries of eighteen hundred and eighteen and eighteen hundred and nineteen and eighteen hundred and twenty-one, to take out their Grants, and to authorise any person to take out Grants in their own names, after the time therein specified. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all and every person who was a fortunate drawer in the land lotteries, by authority of the act, passed the fifteenth day of December, eighteen hundred and eighteen, [Illegible Text] by authority of an act, passed the sixteenth day of December, eighteen hundred and nineteen, shall have until the tenth day of

Page 101

November, eighteen hundred and twenty-nine, to take out his, her, or their grant or grants, for the land drawn by him, her or them, for the same on paying into the treasury of this state, the sum of eight dollars. Sec. 2. And be it further enacted, That all and every person or persons, who was a fortunate drawer in the land lottery, by authority of the act, passed the fifteenth day of May, in the year eighteen hundred and twenty-one, shall have until the twenty-fifth day of December, eighteen hundred and twenty-nine, to take out his, her, or their grant or grants, for the land drawn by him, her of them, agreeable to the provisions of the twentieth section, of the said act of eighteen hundred and twenty-one, on paying into the treasury, the sum of eight dollars. Sec. 3. And be it further enacted by the authority aforesaid, That after the tenth day of November, eighteen hundred and twenty nine, any person or persons, citizens of this state, who shall apply at the proper offices, may take out and receive in his, her, or their own name or names, a grant or grants, for any lot or lots of land, in the said lotteries, by authority of the act, passed the fifteenth day of December, eighteen hundred eighteen, and by authority of the act, passed the sixteenth day of December, eighteen hundred and nineteen, which shall not then be granted, on paying into the treasury of this state, the sum of one hundred dollars, including the usual fees. SEC. 4. And be it further enacted by the authority aforesaid, That from and after the tenth day of February, eighteen hundred and thirty, it thall and may be lawful for any person or persons, citizens of this state, who shall apply at the proper offices, to take out in his, her or their name or names, a grant or grants, for any lot or lots of land, which shall not then be granted in the territory, named in the third section of this act, on paying into the treasury of this state, the sum of fifty dollars, including the usual fees. Sec. 5. And be it further enacted, That from and after the tenth day of May, eighteen hundred and thirty, it shall and may be lawful for any person or persons, citizens of this state, who shall apply at the proper offices to receive a grant or grants, in his, her or their own name, for any lot or lots of land, in the before recited lotteries, in said third section of this act, which shall not then be granted, on paying into the treasury, the sum of twenty-five dollars, including the usual fees. Sec. 6. And be it further enacted, That nothing in this act, shall he so construed, as to authorize any person or persons, to receive a grant, for any lot of land, drawn by any orphan, or family of orphans, nor shall the same be done, until three years after the youngest of said orphans arrives at the age of twenty one, nor to any lots drawn by persons, who are deceased since said lotteries, where there is no admistration on their estate, and where there is not, [Illegible Text] three years from the said tenth day of May, eighteen hundred and

Page 102

thirty, nor to any lots number ten, and one hundred, set a part for the purposes of public education, and that all grants which may issue contrary to the true intent and meaning of this act, shall be null and void; any law heretofore passed to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 20, 1828. AN ACT to provide for giving possession to the purchasers of the State's interest in Lands sold in pursuance of an act passed the twenty-second day of December, eighteen hundred and twenty-seven. 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 there may be persons in possession of the lands authorised to be disposed of by the above mentioned act, who may refuse to give possession to the purchasers of the state's interest therein, it shall be the duty of the sheriff or deputy sheriff of the county, where the land may be situated, upon the application of the holder of the certificate, to cause forthwith the person or persons so refusing to be ejected, and the party applying holding said certificate, to be invested with the quiet and peaceable possession of the premises mentioned in said certificate; and should said sheriff or deputy refuse or neglect to comply upon proper application being made, he shall be liable on his bond to the party applying, for the damages he may sustain by such refusal or [Illegible Text] Sec. 2. And be it further enacted, That the sheriff or deputy, for carrying into effect the provisions of this act, shall be entitled to claim and receive from the person or persons refusing to give possession, the sum of five dollars for his services, to be collected after the manner of collecting money under execution in this State. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828.

Page 103

AN ACT to sell and dispose of the State's interest in the square tracts of land not drawn by any person in the late Land Lottery, also, the square tracts given up by the persons to whom they have been granted, or by whom they have been drawn in exchange for Fractions in the first district of originally Muscogee county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the sheriffs in the counties of Marion and Crawford be, and they are hereby authorised and required to advertise and expose for sale to the highest bidder, as [Illegible Text] directed, all the State's interest in the square tracts of land not drawn by any person in the late land lottery, lying in their respective counties; also the square tracts given up by the persons to whom they have been granted, or by whom they have been drawn in enchange for fractions in the first district of Muscogee county. Sec. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the surveyor general, to furnish the sheriffs of said counties with an accurate list of all the square tracts of land aforesaid, numbered according to the present plat of said district, and so soon as the sheriffs aforesaid shall receive the said lists, it shall be their duty to advertise the same in the Columbus Enquirer, and also in one of the public gazettes published at Milledgeville at least sixty days before the day on which the said lots of land are to be sold, setting forth the number of said lots, also the hour on which the said sale will open. Sec. 3. And be it further enacted by the authority aforesaid, That the said sheriffs shall sell the said lots of land upon the same terms, stipulations, and conditions, and in all other matters in relation to the said sale, shall be governed by the directions and provisions of the act entitled An Act to sell and dispose of the State's interest in lots of land in the late purchase, which have been, or hereafter may be relinquished to the state c. passed on the twenty-fourth day of December, eighteen hundred and twenty-seven. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate JOHN FORSYTH, Governor. Assented to, Dec. 20, 1828.

Page 104

AN ACT for the relief of certain drawers in the Land Lottery [Illegible Text] eighteen hundred and twenty-one, in all [Illegible Text] Whereas, many mistakes from bad spelling, and transcribing the names of persons entitled to draw or draws in the land lottery of eighteen hundred and twenty-one does exist, to wit: in the counties of Dooly, Houston, Monroe, Henry, and FayetteFor remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That whenever it shall satisfactorily appear, that a mistake has been committed either by the commissioners, their clerks, or the person originally registering their [Illegible Text] in the different counties, it shall be the duty of his excellency the Governor, and he is hereby required to order such alteration made, as will secure to the [Illegible Text] fide drawer his or her right, his or their [Illegible Text] or devisees, according to the justice of the case and the truth of the matter, and all grants which may issue in consequence of such mistake, thereby be [Illegible Text] and void: Provided however, the holder of such grant or grants issued through mistake, do return the same to the Executive, and his Excellency the Governor is authorised and required to refund to such grant holder, the sum of money paid as office fees, and he shall then cause the true name to be inserted therein in the records of the different offices, which grants when so alterd, shall be good and valid in law; any thing to the contrary notwithstandingAnd provided also, that nothing herein contained, shall deprive the State of its proper fees on the grant or grants that may be so corrected and issued from the proper grantee. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828.

Page 105

AN ACT to alter and amend the first, fourth, and seventh sections of an act, assented to twenty-second day of December, eighteen [Illegible Text] and twenty-seven, entitled an act to dispose of the [Illegible Text] of [Illegible Text] heretofore reserved for the use of the State. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That so much of the first section of the aforesaid act, as requires the commissioners appointed to carry into effect said act, as provides that the commissioners shall not continue said [Illegible Text] after two o'clock in the afternoon, be and the same is hereby repealed, and in [Illegible Text] thereof, the said commissioners shall be authorised to continue said sales until four o'clock in the afternoon. Sec. 2. And be it further enacted by the authority aforesaid, That so much of the fourth section of the aforesaid act, as requires said commissioners, on the payment of one fifth part of the [Illegible Text] money in [Illegible Text] or current bills of any chartered [Illegible Text] [Illegible Text] this State, to give to the purchaser a certificate [Illegible Text] the [Illegible Text] paid, and the amount of said purchase money then due, be so [Illegible Text] and amended as to authorise the said commissioners to [Illegible Text] and require of each purchaser of fractions, lots or islands, to pay [Illegible Text] after any fraction, lot, or [Illegible Text] is, or may be bid off, the sum of five per cent, on the purchase, and the balance to make one fifth part as is now provided by the aforesaid act. Sec. 3. And be it further enacted by the authority aforesaid, That so much of the [Illegible Text] [Illegible Text] of the aforesaid act as provides, [Illegible Text] any person or persons [Illegible Text] for fractions, lots, or islands, [Illegible Text] [Illegible Text] to comply with the provisions of the fourth section of the act aforesaid, shall forfeit the right of having any further bid or bids cried by the commissioners, and that the said commissioners shall, on the next day of sale, put up and [Illegible Text] said [Illegible Text] lot, or island for sale, as though it [Illegible Text] not been previously bid [Illegible Text] be and the same is hereby repealed. Sec. 4. And it is hereby enacted, That from and after [Illegible Text] passing of this act, that if any [Illegible Text] or persons bidding [Illegible Text] fractions, lots, or islands as aforesaid, and failing to comply with the provisions of the second section of this act, shall forfeit the right of having any [Illegible Text] bid or [Illegible Text] cried by the commissioners, and the commissioners may on the same day of sale, [Illegible Text] up and offer said fraction, lot, or island for sale, as though [Illegible Text] had not been previously bid off. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 8, 1828.

Page 106

AN ACT more effectually to detine the mode of perfecting service on persons whose lands may hereafter be returned as having been fraudulently drawn within the counties of Lee, Harris, Talbot, Troup, Marion, Merriwether, Coweta, Carroll, Randolph and Campbell. 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 future wherever any person or persons' lands shall be returned within either of the counties aforesaid, as having been fraudulently drawn and obtained, such fortunate drawer, or his or their lawful agent or attorney, shall be entitled to service, either by being personally served with a copy of the scire facias, or by leaving the same at his or her notorious place of abode: Provided, he, she, or they reside within the organised limits of this State, so that the same can be lawfully done: And provided further, that in all cases where it shall be made appear to the court, before whom such information and scire facias is triable, that such fortunate drawer or drawers have bona fide sold and conveyed said lands then and in that case, such bona fide owner of such lands shall be entitled to personal service of such information, unless it shall be made appear that such bona fide purchaser resides without the organised limits of this State, so that the same cannot be lawfully done. Sec. 2. And be it further enacted, That in all cases where any defendant is entitled by this act to personal service, it shall be the duty of the sheriff of the county in which such defendant usually resides, to execute the same twenty days previous to the court to which the same is returnable, and to make a return thereof by mail or otherwise, to the clerk of the superior court of the county in which such information is triable. Sec. 3. And be it further enacted, That in all cases under the provisions of this act, where personal service cannot be perfected, it shall be the duty of the court before whom such information is triable, to order service to be perfected by publication thereof in one or more of the public papers of this State, printed in Milledgeville once a month for three months, before the sitting of said court at which the same is triable. Sec. 4. A nd be it further enacted, That in all cases where any person intends to return any tract of land as fraudulently drawn, before he shall be allowed to do so, he shall first give bond and security in the sum of five hundred dollars, to the justices of the inferior court of the county, where the land lies, conditioned to indemnify the individual drawer of such tract of land for all damages he may sustain, provided the land is not condemned as frandulent.

Page 107

Sec. 5. A nd be it further enacted, That all laws and parts of laws, militating against the true intent and meaning of this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 22, 1828. AN ACT to sell and dispose of the frnctional parts of surveys of land which remain unsold, in the counties of Walton, Gwinnett, Hall, Habersham and Rabun; and also all such parts of lots of land as have been forfeited to the State as having been fraudulently drawn. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the sheriffs of the aforesaid counties are hereby authorised and required to advertise and expose for sale to the highest bidder, agreeable to the provisions of this act, all the fractional parts of surveys of land which remain unsold in each of the several counties aforesaid; and also all such parts of lots of land as have been forfeited to the State as having been fraudulently drawn. Sec. 2. A nd be it further enacted, That the highest bidder for any of the aforesaid fractions, and also all such parts of lots of land as have been forfeited to the State as having been fraudulently drawn, shall be the buyer, who shall pay to the sheriffs aforesaid one-fourth of the purchase money in cash, or bills of the chartered banks of this Stateon the payment of which, the said sheriff shall give to such purchaser a certificate stating the amount of said purchase money then due, and to be paid in three equal annual instalments. Sec. 3. And be it further enacted, That if any purchaser shall fail to pay to the Treasurer any instalment at the time the same may become due, or within sixty days thereafter, he shall forfeit the sum paid, and [Illegible Text] land revert to and become the property of the State.

Page 108

Sec. 4. And be it further enacted, That when the last instalment [Illegible Text] paid agreeable to the face of said certificate given by the sheriff aforesaid, it shall be the duty of his Excellency the Governor to cause a grant to be filled up in the name of the holder of the said certificate, on his or then paying the sum of four dollars. Sec. 5. And be it further enacted, That the Surveyor General shall furnish each of the several sheriffs of the counties aforesaid with a copy plot of the several fractional parts of surveys of land which remain in the county of which he is sheriff, at least twenty days previous to the day of sale, for which he shall receive [Illegible Text] [Illegible Text] compensation. Sec. 6. And be it further enacted, That the certificates granted under this act, shall be transferable, and any legal holder thereof, when the last instalment due thereon is paid, shall be entitled to a grant for the same on paying the office fees as aforesaid. Sec. 7. And be it further enacted, That the sheriffs aforesaid shall advertise in one of the public gazettes of Milledgeville, and at their respective court-houses, at least thirty days before the day on which the fractions aforesaid, and also all such parts of lots of land as have been forfeited to the State as having been fraudulently drawn, will be offered for sale, [Illegible Text] forth the number of said fraction, the district, the quantity of acres in eachand also the number, the district and quantity of acres in each of said parts of lots of land, as have been forfeited as aforesaid, the hours on which the sales will commence and close. Sec. 8. And be it further enacted, That the sheriffs aforesaid shall within forty days after their sales, make a report of their proceedings to the Treasurer of this State, and pay into the Treasury the money received, and deposit a schedule of the fractions sold, and also of all such parts of lots of land forfeited as aforesaid, the amount of sales, cash received, and balance due for each fraction or part of lot [Illegible Text] as aforesaid, and from whomAnd the said sheriff shall receive as compensation for his services five per cent on the amount of money received, to be drawn for by warrant from his Excellency the Governor on the Treasury of this State. Sec. 9. And be it further enacted, That the sheriffs aforesaid shall before entering on the duties required by this act, give to his Excellency the Governor bond with approved security, in the penal sum of ten thousand dollars, faithfully to perform said duties. Sec. 10. And be it further enacted, That his Excellency the Governor be, and he is hereby authorised and required within sixty days after the passage of this act, to forward to the Justices of the Inferior Court of the several counties aforesaid, bonds to be filled up in their presence, or in the presence of any two of them, by [Illegible Text] sheriffs, immediately after which the sheriffs aforesaid shall [Illegible Text] diately proceed to the duties required by this act.

Page 109

Sec. 11. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828. AN ACT for the relief of purchasers of fractions, lots and islands, in the late sales of fractions, and for the relief of purchasers of the State's interest in lands which have been condemned as fraudulently drawn. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That all purchasers or holders of certificates of lots, fractions or islands, at any of the late sales, lying and being in the counties of Henry, Fayette, Butts, Monroe, Newton, Houston, DeKalb, Dooly, Upson, Pike, Bibb, Decatur, Crawford, Irwin, Early, Appling, Telfair, Rabun, Hall, Habersbum, Gwinnett and Walton, who have paid into the Treasury one half of the original purchase money, shall be indulged for the payment for the principal due and owing on said purchase, until the first day of December next: Provided that all the aforesaid purchasers or holders of certificates shall, on or before the fifteenth day of February next, pay into the Treasury the interest due on said purchaseAnd all purchasers of fractions, lots or islands, at any of the late sales, lying and being in any of the aforesaid counties; who have not paid any money into the Treasury for such purchases subsequent to the sale of said lots, fractions or islands, shall be indulged for the payment of the principal and interest due on such purehase until the fifteenth day of February next: Provided, that all the last mentioned purchasers or holders of certificates, who shall on or before the fifteenth day of February next pay into the Treasury one half of the principal now due and the interest that may have accrued thereon, shall be indulged for the payment of the balance until the first day of December next. And all purchasers or holders of certificates of lots, fractions or islands, who neglect or refuse to comply with the provisions of this act, the lots, fractions or islands purchased by him.

Page 110

or them, [Illegible Text] for which he or they may hold a certificate, such lots, fractions, or islands shall be, and the same are hereby declared to be forfeited and reverted to the State; and the commissioners appointed under the act of the twenty-second of December, eighteen hundred and twenty-seven, for selling lots, fractions and islands, belonging to the State, shall proceed to sell all lots, fractions and islands so forfeited and reverted to the State agreeable to their advertisement. Sec. 2. And be it further enacted, That the same indulgence be allowed and given to purchasers of the States interest in lots which have been condemned as fraudulently drawn in the counties aforesaid, upon the terms and stipulations contained in this act. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 111

Medical. AN ACT to establish and incorporate the Medical Academy of Georgia. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, it is hereby enacted, That from and after the passing of this act, William R. Waring, John Carter, Lewis D. Ford, Ignatius P Garvin, Benjamin A. White, Samuel Boykin, William P. McConnel, Walter H. Weems, William P. Graham, Thomas P. Gorman, Alexander Jones, Milton Antony, John J. Boswell, Thomas Hoxey, James P. Scriven, William C. Daniel, Richard Banks, Henry Hull, John Dent, Thomas Hamilton, Tomlinson Fort, Nathan Crawford, O. C. Fort and John Walker, and their successors, shall be and they are hereby constituted and created a body corporate, by the name and style of the trustees of the Medical Academy of Georgia. Sec. 2. And be it enacted by the authority aforesaid, That said trustees be, and they are hereby authorised to have, and use a common seal, and to alter the same at pleasure; and by their corporate name, to sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity: and also to ordain, establish, and alter at pleasure, such bye-laws, rules and regulations, as may be necessary and convenient for the government of the said corporation, the direction of the affairs, and the management of the property thereof; Provided, such bye-laws, rules and regulations, shall not contravene the constitution and laws of this state, or of the United States. Sec. 3. And be it further enacted, That the said trustees shall be and they are hereby authorised to establish within the corporate limits of the city of Augusta, a Medical Academy for the State of Georgia; on such principle, and under such rules and regulations, and with such Professors, Intructors and Officers, as may be best calculated to perpetuate the same, and promote the improvement of its pupils in the several branches of the healing art. Sec. 4. And be it further enacted, That it shall be the duty of the said trustees to assemble annually at the Medical Academy in Augusta, on such day as may be fixed on by the bye-laws, for the purpose of examining into the affairs of the Institution, and generally managing its concerns. And the said trustees, together with the regular professors and teachers in the Institution, shall constitute a board of examination, whose duty it shall be at the said annual meetings, after thorough examination, to decide on the merits of

Page 112

such candidates, as may have studied in the said Institution at least one year, and complied with all the conditions imposed by the board of trustees, as preliminary to such examination, and confer the degree of Bachelor of Medicine, on such as may in their judgment be worthy of the same. Sec. 5. And be it further enacted, That the board of trustees, at their annual meeting, shall appoint a committee of three of their members to serve as an executive committee, whose duty it shall be to attend in the recess of the board, semi-monthly, or at the call of the regular teachers and professors of the institution, for the purpose of inforcing the execution of the rules and regulations, prescribed by the board of trustees; their decisions being liable to the revission of the board of Trustees, at their next annual meeting. Sec. 6 And be it further enacted, That the board of trustees, shall cause to be kept a book, in which shall be registered the name, age and place of nativity, of each and every person who shall receive from this institution, the degree of bachelor of Medicine, and the time when the said degree was conferred, together with the names of the members of the board of examination present, and the book so kept, shall be considered a book of record and a transcript from the same certified by the proper officer, shall be taken and received as evidence of the conferring of the said degree, in any court of law within this state. Sec. 7. And be it further enacted, That not less than five members, shall constitute a quorum of the board of trustees; but any less number may adjourn from day to day, until a sufficient number shall attend to form a quorum. Sec. 8. And be it further enacted, That the board of trustees of the Medical Academy be, and the same are hereby empowered to have, hold, use and enjoy, purchase, receive, and dispose of at pleasure, land, houses, and other property, real and personal, to an amount, not exceeding one hundred thousand dollars. Sec. 9. And be it further enacted, That the Graduates of the Medical Academy, shall be allowed to practice medicine and surgery in this state, in the same manner as they would have been, had they been examined and licensed by the board of physicians of the state of Georgia, any law, custom or usage to the contrary notwithstanding. Sec. 10. And be it further enacted, That the said trustees shall have authority, to fill all vacances in their body, which may occur by death resignation, or otherwise. Sec. 11. And be it further enacted, That any two or more of the trustees above named, be and they are hereby authorised to call a meeting of the board, at any time they may think proper, to be holden in the city of Augusta, for the purpose of making and establishing such bye-laws as are authorised by this act. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 113

Mills. AN ACT to authorise David Terrell, Jun. to [Illegible Text] a Mill Dam across Flint River, in the county of Crawford, upon certain conditions. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, David Terrell, jun. be, and he is hereby authorised to erect a mill dam across Flint river upon his own land, in the county of Crawford: Provided always, that said mill dam shall not be so constructed as to obstruct the free passage of fish up and down said river. Sec. 2. And be it further enacted, That Daniel Hicks, Robert Hicks, and Lucas Price be, and they are hereby appointed commissioners to examine the aforesaid mill dam, and if the same shall be so constructed during the months of February, March, and April, as to prevent the free passage of fish up and down said river, they shall notify said David Terrell thereof, and if he shall fail within a reasonable time after such notice, to open said mill dam agreeable to the instructions of said commissioners, he shall be liable to pay to any person or persons injured thereby, the sum of twenty dollars per day until he shall remove the same, to be recovered from him in any court of law of this State having competent jurisdiction thereof. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 114

Military. AN ACT to add the County of Butts to the Second Brigade Fifth Division Georgia Militia, and to add the county of Pike to the Second Brigade Eighth Division Georgia Militia. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this [Illegible Text] the county of Butts be, and the same is hereby attached to the [Illegible Text] brigade fifth division Georgia Militia. Sec. 2. And be it further enacted, That the county of Pike be, and the same is hereby attached to the second brigade eighth division Georgia Militia. Sec. 3. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 16, 1828.

Page 115

AN ACT to alter and amend a part of the fourteenth and twenty-first sections of the Milita Laws of this State, [Illegible Text] the nineteenth day of December, eighteen hundred and [Illegible Text] so as to permit the Company Officers of the Militia to uniform in homespun, and to alter the present mode of notifying defaulting officers to Courts of Inquiry. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assem b ly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the uniform of the company officers of the militia, shall or may be composed of homespun, deep blue cotton and wool, and made to correspond with the uniform at present worn by the militia officers, with plated bullet buttons. Sec. 2. And be it further enacted, That ten days previous notice shall be served in writing to any deliaquent officer, non-commissioned officer, or private, by the Adjutant or Sergeant Major, to all Field and Staff officers, and to the Commanding officers of the different companies, whose duty it shall be to issue orders to their respective Sergeants, to serve a notification on all subaltern officers, non-commissioned officers and privates, of the time and place the Court of Inquiry shall sit. Sec. 3. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed, any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 19, 1828. AN ACT for the more complete organization of the [Illegible Text] Companies of the city of [Illegible Text] and for the encouragement of the Volunteer Corps, and the Fire Company of said City. Whereas, it has been found [Illegible Text] under the present existing laws, to [Illegible Text] the organization of the Militia [Illegible Text] in the city of Augusta, [Illegible Text] for want of such organization, the [Illegible Text]

Page 116

Corps and Fire Company of said city are becoming destitute of members. Be it therefore enacted by the Senate and House of [Illegible Text] of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing this act, when any district company in the city of Augusta, shall neglect to elect officers, on an election being duly ordered in the manner prescribed by law, or in cases where such company or companies may [Illegible Text] and when no suitable person offers to accept a brevet, the commanding officer of the regiment, or of the battalion, shall forthwith proceed to enroll the men subject to military duty in such company, and to draw sergeants and corporals in the manner now provided by law; and the persons who may be drawn as sergeants, shall act as officers of such company, and do the duty of captain and subalterns [Illegible Text] until such officers are regularly elected or brevetted for want of election; the sergeants in all instances, to rank in command in the order in which they are. Sec. 2. A nd be it further enacted, That when any person shall be drawn as a sergeant in the manner set forth in the preceding section, he shall not be allowed to resign such office for the space of one year from the time of his being drawn, under the penalty of fifty dollars: Provided, that if such sergeant shall, at any time during the year of his service, join any volunteer company of said city, or the fire company, and actually do duty therein for two years he shall be exempt from the foregoing penalty. Sec. 3. And be it further enacted, That in case of any resignation, such as is prohibited in the foregoing section, the officer commanding the battalion, or in his absence the officer of the regiment, shall forthwith order a court of inquiry, to consist of five or more commissioned officers of the city, to which court the person resigning shall be summoned at least five days before its sitting, by a notice in writing served by some staff officer of the regiment, and such court when assembled, shall be sworn, as is now provided by law for the members of regimental and battalion courts of inquiry. And if the fine prescribed in the preceding section be assessed, it shall be enforced by an execution, signed by the senior officer of the court, and served by the provost Marshall of the regiment in the form and manner in which other military executions are now enforced. Sec. 4. And be it further enacted, That when any company shall be organised as is herein before provided, the commanding officer of the battalion, or in his absence the officer of the regiment, shall issue orders to the sergeants of such company for the number of musters now prescribed by law, and it shall be his duty to see that at such musters, such companies are properly drilled; for which purpose, he shall be authorised to attend and command in person, or to detail some suitable officer from some one of the volunteer corps of said city, who shall command, and shall have for the time being, all the powers vested by law in a commissioned captain of a company.

Page 117

Sec. 5. And be it further enacted, That all defaulters at such musters, shall be tried by a court of enquiry, detailed by the commanding officer of the battalion or regiment, from the company officers of the city, of whom not less than three shall form a board; and all executions issuing from such court, shall be signed by the officer presiding, and served by the provost Marshall of the regiment. Sec. 6. And be it further enacted, That the compliment of men of the fire company in said city, shall be one hundred and fifty. Sec. 7. And be it further enacted, That any person who shall, after the passing of this act, actually serve for six successive years in any volunteer company or the fire company in said city, either in the character of an officer or private, shall be exempt for life from further militia duty in this State, except in case of war, insurrection, invasion. Sec. 8. And be it further enacted, That all captain's of district companies in said city, shall, during their continuance in office, exempt from duty as jurors, in all the courts holden in said city. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828. Penitentiary. AN ACT to amend the twelfth section, of the ninth division, of the penal code of this state. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That nothing in said section, shall in future, be so construed as to authorise, the distruction of any grist or saw mill, or water machinery of valuable consideration, except it be by, and upon the [Illegible Text] of two or more freeholders, before one or more

Page 118

of the Justices of the Inferior court of the county, in which the [Illegible Text] complained of, may exist, testifying that the health of the neighbourhood to the best of their [Illegible Text] is injured by such [Illegible Text] dam, or such other obstruction to a water course, by other machinery, as may be complained of, whereupon, it shall be the duty of said Inferior court (as soon as practicable) to cause a jury of twelve men, to be drawn and summoned for other trials, and also to have summoned all necessary witnesses, who together with said court, shall attend at the court-house of said county, to adjudge the case of nuisance, complained of, and should the mill or mills, or other machinery, be adjudged by said court and jury a nuisance, and evidently injurious to the health of the neighbourhood, the sheriff shall be ordered to remove such cause of nuisance, the parties concerned however, shall have the right of an appeal, within five days to the next Superior court, thereafter held in said county, upon giving bond and security, for the eventual cost, and that the sheriff shall not abate said measure, until the five days shall [Illegible Text] elapsed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws, militating against this law be, and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, JOHN FORSYTH, Governor. Assented toDec. 22, 1828. AN ACT to change the manner of appointing Officers and Agents of the [Illegible Text] Be it enacted by the Senate and House of Representatives of the [Illegible Text] [Illegible Text] in General Assembly met, and it is hereby enacted by the authority aforesaid, That the appointment of the [Illegible Text] [Illegible Text] of the [Illegible Text] all the assistant keepers, the book keeper, the inspectors, the physician or surgeon to the institution, and all [Illegible Text] [Illegible Text] and agents: Provided for by law, except [Illegible Text] [Illegible Text] [Illegible Text] shall be annually, made by his Excellency the [Illegible Text] for [Illegible Text] [Illegible Text] being. Sec 2. And be [Illegible Text] further enacted, That [Illegible Text] shall be the duty of the inspectors of the [Illegible Text] to prepare and make to his Excellency

Page 119

the Governor, quarterly returns of the state, and condition of the [Illegible Text] exhibiting the number, names and occupations of all officers and agents, imployed in, or about the institution; all contracts made for supplies of provisions or materials; the number, names and crimes of persons, confined in the penitentiary, the actual stock of materials, to be wrought up or manufactured, an invoice or accurate account of the articles, already manufactured and for sale, that may be on hand at the time, any such return is made, together with an account of the debts due, by and to the institution, and any other fact, transaction or occurrence, that said inspectors may think proper, to communicate for the benefit of the institution. Sec. 3. And be it further enacted, That in making and preparing said quarterly reports, the said inspectors, shall command the services of the book-keeper, or any other officer or agent, whose time they believe can most conveniently or advantageously be given to that object, but without additional pay or compensation. Sec. 4. And be it further enacted That it shall be the duty of his Excellency the Governor, to recommend from time to time, to the inspectors of the penitentiary, such changes in the regimen and police of the penitentiary, as may seem to him expedient; and for gross neglect of duty or abuse of confidence, by any officer or agent of the penitentiary, to [Illegible Text] or dismiss such officer or agent, and appoint another, of better qualifications to the vacancy. Sec. 5. And be it further enacted, That his Excellency the Governor, in the examination of said quarterly reports, or in the discharge of any other function assigned to him by this act, shall have power to command the assistance and services of the Secretary of State, or of any other of the State-House officers at his discretion. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 20, 1828,

Page 120

Relief Laws. AN ACT to extend the time for fortunate drawers in the Land Lottery of eighteen hundred and twenty-seven, to take out their grants, and to reduce the fees on grants. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That all and every person who was a fortunate drawer in the land lottery, by authority of the act passed the ninth day of June eighteen hundred and twenty-five, shall have until the twenty-fifth day of December, eighteen hundred and twenty-nine, to take out his, her, or their grant or grants, for the land drawn by him, her, or them, and that a grant or grants shall issue to him, her, or them for the same, according to the provisions of the twenty-first section of the said act, on paying into the treasury of this State, the sum of twelve dollars. Sec. 2. And be it further enacted, That all laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. IN THE HOUSE OF REPRESENTATIVES, [UNK] 20 th December, 1828. Repassed by a majority of two thirds of the House, agreeably to the provisions of the Constitution. IRBY HUDSON, Speaker of the House of Representatives. AttestWM. C. DAWSON, Clerk. Repassed by two thirds of the Senate, twentieth December, eighteen hundred and twenty-eight. THOMAS STOCKS, President of the Senate. AttestWM. Y. HANSELL, Secretary.

Page 121

AN ACT to establish certain instruments which were destroyed with the county records of the county of Wilkinson by fire, and to make valid the same. Whereas, on the sixteenth day of last March, the Clerks Office of the Superior Court of Wilkinson county, was consumed by fireAnd whereas, there is [Illegible Text] law that provides for the establishment of certain instruments [Illegible Text] in said office and destroyed, together with the records of the sameFor remedy whereof: Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, it shall and may be lawful for any person or persons, whose title, deeds of conveyance of lands, and gifts of personal property, and all other instruments, not hereinafter mentioned, which were destroyed in the aforesaid Clerks office, together with the records of the same, who shall produce a paper writing purporting to be a copy, or as near a copy of the original instrument in substance as can be recollected, and so destroyed as aforesaid, with full or circumstantial proof o' the substance thereof, and of his, her or their title thereto, and shall lodge the same in the office of the Clerk of the Superior Court in the county aforesaid; and shall give sixty days notice in one of the public gazettes of this State, that such person or persons intends to establish such deed or other instrument at the next term of the superior court to be holden in and for the county aforesaid thereafter; and it shall then be lawful in case no sufficient objection shall be made, for the said court to establish any of the aforesaid instruments by the testimony and papers offered to the said court, which said instruments when established as aforesaid shall be taken, held, and considered as valid in law, to all intents and purposes, as the said lost originals would be were they in existence Provided the same shall be established in manner aforesaid within seven years from the passage of this act. Sec. 2. And be it further enacted, That all deeds and other instruments not hereinafter mentioned, that have been recorded in the Clerks office of the superior court of the county aforesaid, the records of which were destroyed, it shall and may be lawful for any person or persons holding the same, to have the said instruments again recorded, together with the certificates of the Clerks who recorded the same; and the clerk recording the same, shall also certify on the back of the [Illegible Text] or other instruments, which said deeds or other instruments having been twice recorded, the second record shall be valid from the date of the original record.

Page 122

Sec. 3. And be it further enacted, That all administrators and guardians bonds that have been recorded in the Clerk's office in the county aforesaid, and the records of the same destroyed, they shall be again recorded in the manner prescribed by the provisions of this act for the recording of deeds and other instruments, so far as relates to the recording the Clerk's certificates, and certifying in like manner. Sec. 4. And be it further enacted, That all administrators and guardians bonds remaining in the clerks office of the superior court of the county aforesaid, and which were destroyed with the records of the same, it shall be the duty of the clerk of the court of ordinary of the aforesaid county, upon application to him made by any person or persons interested in the establishment of the same, to give sixty days notice in one of the public gazettes of this State, of his intention to have the same established at the next term of the superior court to be holden in the county aforesaid thereafter, that then the affidavit of the clerk that he produces a copy or copies in substance of such bonds, and that the same are destroyed or missing from his office, shall be sufficient to have the same established by the courtwhich said copies when established as aforesaid shall be as valid in law to all intents and purposes as the originals would be were they in existenceAny law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828. AN ACT to pardon William Lockwood of Upson county. Whereas, at a superior court held in and for the county of Upson at March Term, eighteen hundred and twenty eight, William Lockwood of said county was convicted of murder, but was reprieved by the [Illegible Text] until the third Monday in December next. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the said William Lockwood be

Page 123

and he is hereby declared to be freely, fully and entirely pardoned, [Illegible Text] and discharged from the pains and penalties of his said conviction and sentence, as fully, freely and entirely, as if such conviction and sentence had never taken place. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented Dec. 22, 1828. AN ACT to legalise and make valid a certain grant for a tract of land heretofore issued to and in the names of William, John and Mary Randolph. 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 of the same That a certain grant for lot number three hundred and twenty in the fourteenth district of Wilkinson county, containing two hundred two and one half acres of land; was issued to and in the names of William, John and Mary Randolph, on the nineteenth day of April, one thousand eight hundred and sixteen, under the authority of his Excellency David B. Mitchell, then Governor of the State of Georgia, but to which grant the signature of the said David B. Mitchell was omitted to be affixed, shall be held and considered as legal and valid to all intents and purposes, as if the signature of the said David B. Mitchell had been affixed theretoAny law, usage or custom to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 16, 1828.

Page 124

AN ACT to admit Achille Murat, George T. [Illegible Text] William A. McRae, Samuel Beale, Christopher C. Greenup, Henry W. Fontaine, and John K. Campbell, citizens of FloridaAlso George W. Williams a citizen of Alabama, to plead and practice law in the several courts of law and equity in this State. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, Achille Murat, Geo. T. Ward, William A. McRae, Samuel Beale, Christopher C. Greenup, Henry W. Fontaine and John K. Campbell, citizens of Floridaalso George W. Williams, a citizen of Alabama, be and they are hereby authorised and admitted to plead and practice law in the several courts of law and equity in this State, upon their undergoing an examination in open court, according to the laws of this State. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 16, 1828. AN ACT to repeal an act entitled an act to grant relief to the securities of the Unicoi Turnpike Company, passed the twenty-fourth of December, eighteen hundred and twenty-seven. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, an act entitled an act granting relief to the securities of the Unicoi Turnpike Company be, and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 125

AN ACT to give to Master Carpenters and Masons a lien on buildings erected by them in the Town of Columbus. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That all Master Carpenters and Master Masons, who after the passage of this act, may erect buildings in the Town of Columbus, shall have full power and authority to retain the keys and possession of said buildings, and shall have a lien thereon for the amount that may be owing to them therefor: Provided, there be no agreement securing the amount to be paid for the erection thereof, and that the buildings are furnished according to contract. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 16, 1828. AN ACT to legalise and make valid certain sheriffs' sales in the Chattahoochie Circuit, and to legalise the sheriffs sales of Taliaferro county, and to authorise the sheriff and his deputies of said county hereafter, to advertise either in a paper in the Northern Circuit, or in a public gazette printed in Milledgeville. Whereas, the sheriffs and their deputies of the several counties in the Chattahoochie Circuit, did advertise their sales in the Milledgeville and Macon papers, after the establishment of a public gazette within said Circuit, contrary to an act of the Legislature passed on the twenty-second day of December, eighteen hundred and eight, requiring the sheriffs of the several counties in this State to advertise their sales in some public gazette within the Judicial Circuit, where such sales are intended to be madeFor remedy whereof: Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the sales of the sheriffs and their deputies in the

Page 126

several counties in the Chattahoochie Circuit, advertised in public papers out of said Circuit since the establishment of a public gazette within said Circuit, shall be considered and held as legal and valid to all intents and purposes, as if the same had been advertised according to the laws of force in this State: Provided, that this act shall not operate to divest any existing right which has vested since said sales and before the passage of this act. Sec. 2. And be it further enacted, That from and immediately after the passage of his act, that previous sales of the [Illegible Text] and their deputies of the county of Taliaferro, published in the Southern Recorded, shall be considered and held as legal and valid as if the same had been advertised in one of the public gazettes within that Judicial Circuit. Sec. 3. And be it further enacted, That it shall be lawful for the present sheriff of ther county of Taliaferro, his deputy, and their successors in office, to advertise their sales, either in one of the public gazettes within that Judicial Circuit or in one of the Milledgeville papers. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 22, 1828. AN ACT to carry into effect the petition of John J. Groves and Elizabeth Haine, guardians for certain [Illegible Text] and to authorise them to join in the conveyance of a certain tract of land. Whereas, John J. Groves, guardian for the minors of William C. [Illegible Text] [Illegible Text] and Elizabeth Haine, guardian for the minors of [Illegible Text] Haine, deceased, have petitioned this Legislature to [Illegible Text] a law for their relief, under the following statement of factsThat their wards [Illegible Text] some of the legal [Illegible Text] of Joseph Terrell, [Illegible Text] of the county of Elbert in this State, who died, [Illegible Text] and [Illegible Text] of a tract of land in said county, on the waters of Goody's [Illegible Text] containing four hundred and thirty-four acres, it being the tract whereon the said Joseph Terrell lived at the time of his deathThat the [Illegible Text]

Page 127

and recordedAnd that by the mutual consent of the heirs, who were of age (including Gideon Haine the father of the wards, of the said Elizabeth Haine who was then living,) they proceeded to dispose of the property, both real and personal, according to the provisions of the will, sometime in the year eighteen hundred and twenty six, having duly advertised the sale, and that the property was set up at public out-cryAnd that David B. Hudson became the highest bidder for the aforesaid tract of land, and thereby became the purchaserAnd they having further stated in their petition that by reason of the minority of their wards, titles to said [Illegible Text] of land cannot be perfected to the purchaser without much trouble, expense and delay, and that the said Elizabeth Haine and her wards, reside in [Illegible Text] and is not recognised as guardian in this State, so as to authorise her to procure an order for the sale of the real estate of her wardsAnd that as said land has been sold by consent, to disturb the peaceable possession of the purchaser would be unjustFor [Illegible Text] whereof: Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the said John J. Groves and Elizabeth Haine, guardians aforesaid, be and they are hereby authorised to join the adult heirs of the said Joseph Terrell, [Illegible Text] in a conveyance of said tract of land; and that said conveyance shall be held, taken, and considered good and legalAny thing to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 17th, 1828.

Page 128

AN ACT to authorise the Governor to issue to Vincent A. Pratt, of Warren county, a grant for a certain undrawn lot of land in the first district of Muscogee county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That immediately after the passage of this act, his Excellency the Governor shall be authorised to cause a grant to issue to Vincent A. Pratt, of Warren county, upon application and payment of the usual fees, to a certain undrawn lot of land lying and being in the first district of Muscogee county, known and distinguished in the plan of the resurvey of said district by being lot number two hundred and sixtyWhich said lot shall be in lieu of a certain lot of land, number thirty-three, in the sixth district of Gwinnett, which he the said Pratt drew in the land lottery of eighteen hundred and twenty, and whose name by the mistake or oversight of the transcriber of the numerical list, was not placed to said number, and which number was according to law, placed in the lottery of eighteen hundred and twenty-one, and drawn by, and granted to Patrick M. Thomas, of Early county. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828. AN ACT to authorise the Governor to have a grant issued to Allen R. Stephens, for fraction, number three hundred and sixty-nine, in the thirteenth district of Monroe, upon certain conditions. Whereas, it appears that Allen R. Stephens is assignee of John Martin, assignee of Wm. Brown, who purchased fraction number three hundred and sixty-nine, in the thirteenth district of MonroeAnd whereas it appears that the certificate for the said fraction is lost or mislaid, so that it cannot be foundTherefore, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the

Page 129

passage of this act, it shall and may be lawful for his Excellency the Governor to cause a grant to be issued to Allen R. Stephens, of Bibb county, for fraction number three hundred and sixty-nine in the thirteenth district of originally Mouroe, at any time previous to the first day of December next: Provided the said Allen R. Stephens shall at or before that time pay into the Treasury of the State the balance of the purchase money, which is to be paid for said fractions. Sec. 2. And be it further enacted by the authority aforesaid, That the commissioners for the sale of fractions are hereby directed not to sell the said fraction. Sec. 3. And be it further enacted by the authority aforesaid, That all laws or parts of laws [Illegible Text] against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 19, 1828. AN ACT to change the names of certain persons therein mentioned. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, Eliza Adeline Ray, Joseph Tull Ray, Eleanor Elizabeth Ray, James Morgan Ray, and John Silas Ray, shall be called and known by the names of Elizabeth Adeline Outlaw, Joseph Tull Outlaw, Eleanor Elizabeth Outlaw, James Morgan Outlaw, and John Silas Outlaw. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 22, 1828.

Page 130

AN ACT to change and legitimatise the names of sundry persons hereinafter mentioned. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That immediately after the passage of this act, the name of Stokes Pennington be, and the same is hereby changed to that of Stokes P. Ivey; the name of Winaford M. Henderson, to that of Winaford M. Hooker; the name of William Parker, to that of William Bryant; the name of Mary Horne, to that of Mary Rains; Mourning Canaway to that of Mourning Bush, and they are hereby declared to be fully and completely legitimatised, and entitled to all the rights and privileges that they would have been had they been born in lawful wedlock, and fully capable of taking, inheriting, and receiving all manner of property by virtue of the statute of distributions of this State, so far as relates to the estates both real and personal, of Adam Ivy of Warren county, the reputed father of Stokes Penington; of William B. Hooker, the reputed father of the said Winaford M. Hooker; and of William Briant, the reputed father of the said William Parker; and James Bush the reputed father of the said Mourning Bush, to all intents and purposes; any law to the contrary notwithstanding Provided, that this act shall not enable the said Stokes P. Ivey, Winaford M. Hooker, William Bryant, Mary Rains, and Mourning Bush, to inherit to the exclusion of any child or children of the said Adam Ivy, William B. Hooker, William Bryant, or James Bush, respectively born, or who may hereafter be born in lawful wedlock. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 17, 1828.

Page 131

AN ACT to grant relief to the purchasers of town lots in the town of Macon, and to the purchasers of four-acre lots near said town, so far as to extend the time of payment. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the purchasers of town lots in the town of Macon, and the purchasers of four-acre lots near said town, by the payment of one half of the purchase money due, or which may become due by the first day of June next, and give additional good and sufficient security to the State by that time, shall have until the twenty-fifth day of December thereafter for the payment of the balance remaining due and unpaid, on their giving additional security, to be approved by the Comptroller General. Sec. 2. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor Assented to, December 20, 1828. AN ACT to change the names of certain persons therein mentioned, and to legitimatise those persons whose names are so changed. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that the persons now known by the name of William Greene Dixon, Henry Dixon, and Anna Dixon, of the county of Upson, be changed and known by the names of William [Illegible Text] Reid, Henry Reid, and [Illegible Text] Reidand the names of [Illegible Text] M. Fletcher and Naucy Fletcher, of the county of Bulloch, be changed

Page 132

to that of Francis M. Selph and Nancy Selphand the name of James Madison Wright of the county of Columbia, be changed to that of James Madison Sullivanand the name of Wiley Osteen of the county of Ware, be changed to that of Wiley Robersonand the name of Amelia Demaris Hargrove, of Wilkinson county, to that of Amelia Demaris Gilbertand the name of Jane H. and Martin Greene Connell, to that of Jane H. and Martin Greene Wood of Pulaski countyand Ira Reddick Foreman of De Kalb county, to that of Ira Reddick Greerand Daniel Marcus of Monroe county, to that of Jefferson Troup Patterson; and that said persons whose names have been so changed, are hereby declared to be legitimatised and entitled to inherit all property which they or any of them would have been, had they or any of them been born in lawful wedlock, so far as regards the estates of their respective reputed fathers. Sec. 2. And be it further enacted by the authority aforesaid, That the names of Martha Ann Logen, William Carroll Logen, and Fleming Adrian Logen, shall be called and known by the names of Martha Ann Usry, William Carroll Usry, and Fleming Adrian Usry, and they are hereby declared to be fully and completely [Illegible Text], and entitled to all the rights and legal privileges that they would have been, had they been born in lawful wedlock, and be capable of taking and inheriting, and receiving all manner of property by virtue of the statute of distributions of this State, so far as relates to the real or personal estate of William Usry the reputed father of the said Martha, William, and Fleming, to all intents and purposes; any law to the contrary notwithstanding. Sec. 3. And be it further enacted, That Adehne Evans and Caroline Evans of Jones county, children of Jinney Evans, shall be called and known by the name of Missoura Adaline Clark, and Minerva Caroline Clark. Sec. 4. And be it further enacted, That the name of Hazell Greene You of the county of Warren, be altered and changed to that of Hazell Greene Burson; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 19, 1828.

Page 133

AN ACT to alter and change the name of Betsy Ann Stuckey, to that of Betsey Ann Chambers, and to legitimate the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the name of Betsey Ann Stuckey, the daughter of Wm. Chambers and Rebecca Stuckey, previous to the intermarriage of the said William Chambers and the said Rebecca Stuckey, shall be changed to that of Betsey Ann Chambers, by which name she shall be called and known. Sec. 2. And be it further enacted, That said Detsey Ann Chambers, shall be entitled to all the rights and privileges as heir of the [Illegible Text] William Chambers, as if she had been born in lawful wedlock. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 20, 1828. AN ACT for the relief of John Hale, a purchaser of University Lands. Whereas, at the sales of the University Lands in the year eighteen hundred and sixteen, John Hale of Oglethorpe county, became purchaser of certain lots of the Falling Creek Tract, at and for the sum of thirteen hundred and fifty-three dollars, for which he executed his bond payable in four equal annual instalments, to the Trustees of the University of Georgia, which said bond is now deposited in the office of the Treasurer of this stateAnd whereas, a part of said lots have been recovered from said John Hale, in a suit at law by an adverse title. Be it therefore enacted by the Senate an d House of R epresentatives of the State of Georgia in General A ssembly met, and it is hereby [Illegible Text] by the authority [Illegible Text] by authorised to ascertain the deduction to which the said John Hale

Page 134

is entitled on the said bond, by reason of the loss aforesaid, estimating said deduction by the proportion of the land lost to the quantity purchased; and the said sum when ascertained, shall be entered on said bond as a credit; and the treasurer is further required and directed to ascertain what amount of principal and interest has been paid on the quantity of land lost as aforesaid, and enter such amount as a credit on said bond; any thing to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828. AN ACT to alter and change the name of Gadsey Davis of [Illegible Text] county, to that of Gadsey Spivey, and John Butcher of Hall county, to that of John Sauls. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met and it is hereby enacted by the authority of the same, That from and after the passing of this act, Gadsey Davis of Telfair county, shall be known and called by the name of Gadsey Spivey. Sec. 2. And be it further enacted by the authority aforesaid, That John Butcher of Hall county, shall be known and called by the name of John Sauls. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828.

Page 135

AN ACT for the relief of Edmund Glascock and John Turpin, securities on the bond of Thomas Handley, given according to law by the said Thomas Handley, as Tax Collector of the county of Richmond for the year eighteen hundred and nineteen. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, Edmund Glascock and John Turpin, securities on the tax collector's bond given by Thomas Handley according to law, while tax collector for the county of Richmond, for and during the year eighteen hundred and nineteen, shall be, and they are hereby released from all liability on said bond: Provided, that nothing in this act contained, shall be so construed as to exhonerate the said Thomas Handley the principal in said bond. Sec. 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828. AN ACT for the relief [Illegible Text] Eliza T. Baxter. Whereas, Eliza T. Baxter and Robert M. [Illegible Text] did make and execute to the State, their note for seven hundred and thirty three dollars, for rent of lands the property of the State. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That a credit be allowed and [Illegible Text] of three hundred and twenty-five dollars, to bear date on the day on which said note become due; and on the payment of the balance remaining due on said note with the interest thereon, that said note be delivered up as fully paid off and discharged. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 136

Roads. AN ACT to repeal the eight section of an act, passed the ninth day of December, eighteen hundred eighteen, entitled an act, to alter and amend the road laws of this State, so far as the same relates to the county of Gwinnett, and to point out and define the duties of all [Illegible Text] of roads in said county, so far as relates to the width of roads and causeways, to be cleared out by them in said county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met and it is hereby enacted by the authority of the same, That from and after the passage of this act, the said eighth section of the above recited act shall be, and the same is hereby repealed, so far as the same relates to the county of Gwinnett. Sec. 2. And be it further enacted, That all overseers of roads, in and for the county of Gwinnett, shall cause their respective roads to be cleared out at least twenty feet wide, and all causeways at least twelve feet wide. Sec. 3. And be it further enacted, That all laws or parts of laws, militating against this act be, and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of Senate. JOHN FORSYTH, Governor. Assented toDec. 20. 1828.

Page 137

AN ACT to repeal an act, entitled an act, to repeal certain road laws now in force, in this State, so far as respects the county of Effingham, passed the 24th day of December, 1827. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, it is hereby enacted, That from and immediately after the passing of this act, the before recited act be, and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 16, 1828. AN ACT to alter in part, an act entitled an act to alter and amend an act, regulating roads in this State, so far as respects the operation of said act, in the counties of Bryan, Liberty, McIntosh, Glynn, Camden and Wayne, so far as respects the county of Camden, passed in eighteen hundred and nine. 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 Alexander [Illegible Text] [Illegible Text] [Illegible Text] and Henry Jones, be and they are hereby appointed commissioners, for that part of the public roads in the county of Camden, denominated the fourth district of public roads in said county, and they the said commissioners, are hereby empowered and required to employ all the hands liable or amenable to perform road duty, in the said fourth district, to work upon, clear, amend, repair, erect, and improve the several roads and bridges, fords, causeways, and water passes within the said fourth district or division, and also upon the road leading from it, and passing the Hermitage, Brailsford, Saddlers and Holzendorfs plantations, to the main post road, intersecting it near Crooked river bridge, and leading to St Marys. Sec. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of said commissioners, to superintend the working upon said roads, within their said districts or divisions, and they the said commissioners are hereby authorised and empowered to apportion the labor on their respective roads as the circumstances and situation of said roads in their judgment may require.

Page 138

Sec. 3. And be it further enacted by the authority aforesaid, That said commissioners shall have full power and authority to compel the attendance of such persons as are liable to do road duty within their said districts, and to do and exercise all other acts and things in relation to their duty, as are delegated to road commissioners under the existing laws of this state. Sec. 4. And be it further enacted. That said commissioners and the hands embraced under this act, shall be exempt from the performance of any other road duty, than such as is herein required, and they shall be liable to all the penalties, for a failure to comply with the provisions of this act, or to keep said roads in good order. Sec. 5. And be it further enacted, That all laws or parts of laws contradicting this act be, and they are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 19, 1828. AN ACT to repeal the third and fourth sections of an act, entitled an act, to alter and amend the road laws so far as respects the county of Rabun, passed the twenty-second day of December, eighteen hundred and twenty-seven. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General A ssembly met, and it is hereby enacted by the authority of the same, That from and after the passage of [Illegible Text] act, the third and fourth sections of an act, entitled an act, to [Illegible Text] and amend the road laws, so far as respects the county of [Illegible Text] passed the twenty-second day of December, eighteen hundred and twenty seven, be and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 8, 1828.

Page 139

AN ACT to alter and amend the road laws of this State, so far as respects the county of Chatham. Whereas, great inconvenience and delay to the public, arise from the neglect or refusal of persons, liable to work on said public roads and the owners of slaves, to clear out and remove obstructions in the public roads, caused by storms, [Illegible Text] and other calamities, without receiving legal notice of ten days. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall and may be lawful for the commissioners of roads of Chatham county, in cases of emergency and general calamity, to call out a portion of the hands liable to road duty of any particular district or districts, within their respective jurisdictions, for any time not exceeding two days, on giving two days notice of such call: Provided, that the portion of hands so called out, shall not exceed one third of the number of hands liable to road duty in such district. Sec. 2. And be it further enacted by the authority aforesaid, That it any person or persons, after receiving the above required legal notice, shall refuse or neglect to furnish their portion of hands a aforesaid, shall be liable to the same fines and penalties, prescribed by the road laws now in force in said county. Sec. 3. And be it further enacted by the authority aforesaid, That all laws militating against this act, be and the same are he [Illegible Text] IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 17, 1828

Page 140

AN ACT to repeal an act, passed the nineteenth day of December, eighteen hundred and twenty-seven, entitled an act, to amend the roads laws of this State, so far as it respects Burke and Laurens county, so far as it respects the county of Laurens. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same That from and [Illegible Text] [Illegible Text] [Illegible Text] of [Illegible Text] the act passed by the last general assembly of this state, on the 19th day of December, eighteen hundred and twenty-seven, to amend the road laws of this state, so far as it respects the counties of Burke and Laurens be; and the same is hereby repealed; so far as respects Laurens county. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 9, 1828.

Page 141

Rivers. AN ACT to repeal an act, entitled an act, to incorporate a Company for the improvement of the navigation of Broad river, assented to the sixteenth of December, eighteen hundred and fifteen. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the before recited act be, and the same is hereby repealed; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828.

Page 142

Sheriffs. AN ACT to reduce the Sheriff's Bonds of this state, so far as respects the county of Tattnall. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, persons elected or appointed sheriffs of the county of Tattnall, shall be required to give bond and security in the sum of five thousand dollars only, for the faithful discharge of the duties of sheriff's office in said county; any thing contained in the forty-sixth section of the Judiciary Act of seventeen hundred and ninety-nine, to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, JOHN FORSYTH, Governor. Assented to, Dec. 20, 1828. AN ACT to require the Sheriff of the county of [Illegible Text] or his Deputy Sherid, to reside at or within one mile of the Court-house in said county, and to require said Sheriff to keep his office at [Illegible Text] within one mile of said court-house. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted, by the authority of the same, That from and after the next election for sheriff of Gwinnett county, the sheriff or deputy sheriff of Gwinnett county shall, and he is hereby required to reside at or within one mile of the court-house in said county of Gwinnett. Sec. 2. And be it further enacted, That the said sheriff shall, and he is hereby required to keep his office at, or within one mile of the court-house in said county.

Page 143

Sec. 3. And be it further enacted, That all laws or parts of laws [Illegible Text] against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 9, 1828. AN ACT to reduce the amount of the Sheriffs bonds in this State so far as respects the county of Dooly. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, persons elected or appointed sheriffs of the county of Dooly, shall be required to give bond and security in the sum of five thousand dollars only, for the faithful discharge of the duties of the sheriff's office in said county; any thing contained in the [Illegible Text] section of the judiciary act of seventeen hundred and ninety-nine, to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 19, 1828.

Page 144

AN ACT to reduce the amount of the Sheriff's bonds in the county of Marion. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, persons elected or appointed as sheriffs of Marion county, shall be required to give bond and security in the sum of five thousand dollars only, for the faithful discharge of the duties of sheriff of said county; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 20, 1828. Taxes. AN ACT to impose, levy, and collect a tax for the political year eighteen hundred and twenty-nine, on property real and personal, and to inflict penalties for neglecting or failing to comply with the provisions thereof; and also appropriating one half thereof to each county, of its own tax, for certain purposes therein expressed, to-wit: for the improvement of public roads, bridges, c. and to direct who shall be the holder of the one half reserved to each county, and for other purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the act passed the eighteenth day of December, eighteen hundred and twenty-five, together with all acts and parts of acts which said act revived and continued in force, shall be, and they are hereby declared to be revived and continued in force, as the tax act for the political year eighteen hundred and twenty-nine.

Page 145

Sec. 2. And be it further enacted, That the one half of the tax of each county so directed to be levied, shall be paid into the treasury of this State as heretofore, and the other half to the Inferior court of the respective counties for county purposes, to be placed by them in the hands of the county treasurer, where there are treasurers, and where none, the clerks of the Inferior court for safe keeping, to be appropriated by said courts to the building court-houses and jails, and to the building of bridges, the improvement of public roads, and for the support of the poor, for the education of youth, as said courts may severally direct as most expedient; any law, usage, or custom, to the contrary notwithstanding. Sec. 3. And be it further enacted, That all brokers, private bankers, or exchange merchants, or firm or firms of brokers, private bankers, or exchange merchants, and their agents in this state shall, during the month of January, eighteen hundred and twenty-nine, respectively return on oath, to the receivers of tax returns of the respective counties of this state where he or they shall reside, or do business, the maximum amount of capital which he or they employ, or intend to employ in their said business, at any time during said year, and the said brokers, private bankers, or exchange merchants, or firm or firms of brokers, private bankers, exchange merchants or their agents, shall pay a tax of forty cents on every hundred dollars of capital so returned, to be levied and collected by the tax collectors of the respective counties as in other cases Provided, that in all cases under this section, where a firm shall be required to make a return as above specified, that a return by one member for, and in behalf of the firm to which he belongs, shall be deemed sufficient. Sec. 4. And be it further enacted, That if any person or persons, (except the incorporated Banks of this state,) shall be found, after the first day of February next, and during said year of eighteen hundred and twenty-nine, doing the business of a broker, private banker, or exchange merchant, or as their agent, without having made the return required by the third section of this act, it shall be the duty of the receiver of tax returns for the county where said broker or brokers, private banker or bankers, exchange merchant or merchants, or his or their agent or agents may reside, or do business, to return said broker or brokers, private banker or bankers, exchange merchant [Illegible Text] merchants, or his or their agent or agents, as defaulters, who shall pay a tax for said year of five thousand dollars, to be levied and collected by the tax collector as in other cases, or by a capias ad satisfaciendum. Sec. 5. And be it further enacted, That the tax on all high river swamp and low grounds on the west side, and adjoining thereto of the river Ocmulgee; also on both sides of the Flint river, and on the east side of the Chattahoochie, and the lands adjoining thereto up to where the boundary line dividing this State and the State of Alabama comes on said river, be the same assessment as, by the act of eighteen hundred and four, is levied on lands of the same quality on the Oconee river; and on all other oak and hickory land, and pine

Page 146

land lying between the rivers Ocmulgee, Flint and Chattahooc hie, be the same assessment as in other counties in this state; and all the lands which lie on both sides of the Chattahoochie above the corner specified above, to the head waters thereof; and on all the land which lies on the west side of the Tugalo and Chattooga rivers, above what is known as Hawkins' line, and all other [Illegible Text] and hickory land other land of the third quality, which lies between the said rivers Tugalo and Chattahoochie, shall be assessed as the land on Tugalo river, from the junction of Broad river with said Tugalo river to the above described line; and all other mountainous land of the fourth or last quality, which lies between the said rivers and the present Cherokee boundary line, and the line of the Alabama, shall be assessed at half a mill per acre. Sec. 6. And be it further enacted, That the one half of the tax collected in each county for the political year eighteen hundred and twenty-eight, shall be paid into the treasury of the state as [Illegible Text], and the other half shall be paid to the Inferior courts of the respective counties for county purposes, to be disposed of as provided for by the second section of this act. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 22, 1828. AN ACT to authorise the Justices of the Inferior Court of [Illegible Text] county, to levy an extra tax to build a Jail in said county, at the public site in said county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the justices of the Inferior courts of Lowndes county, be and they are hereby authorised to lexy an extra tax on the inhabitants of said county subject to taxation, [Illegible Text] they shall deem it necessary so to do, which shall not exceed in any one year fifty per cent on the general tax, to be applied exclusively to building a jail in said county at the public site, in any way said justices shall think proper to direct.

Page 147

Sec. 2. And be it further enacted by the authority aforesaid, That the said extra tax shall be collected by the tax collector of said county, he having given satisfactory obligation to the said court, for his faithful performance of his duty, whose duty it shall be to pay over the same, when collected, to the said court, to be applied by them for the purpose aforesaid, after deducting the usual per centum for collecting; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 17, 1828. Towns. AN ACT to authorise the corporation of the town of Milledgeville, to establish a Fire Company, and to exempt the members of said Fire Company, from certain duties therein specified. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the corporation of the town of Milledgeville, shall have power and authority, and they are hereby empowered and authorised to nominate, select and appoint certain individuals, being free white persons, and not exceeding eighty in number, and who when so appointed, shall be known as the fire company of the town of Milledgeville. Sec. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of said company, when formed to take charge of the fire engine hooks, ladders, c. and manage the same in cases of fire, within the town of Milledgeville. Sec. 3. And be it further enacted by the authority aforesaid, That so soon after the passage of this act, as a sufficient number of individuals may consent to become members of said fire company, as may be

Page 148

necessary to [Illegible Text] it effectual, it shall be the duty of said corporation, to convene said individuals, and recommend the adoption of such constitution, rules and regulations, as said company, or a majority of them may deem necessary, and proper for their government and conduct, which when so adopted by the company, and approved of by the corporation aforesaid, shall be binding on each member of said company. Sec. 4. And be it further enacted by the authority aforesaid, That the said eighty persons, when so selected and organised, shall not be liable during their continuance as members of said fire company, to perform militia duty, except in case of invasion, war or insurrection. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 17, 1828. AN ACT to authorise a Lottery for the purpose of raising within a certain time, the sum of twenty-five thousand dollars to be appropriated, to the building of a Masonic Hall, in the town of Milledgeville, and to appoint commissioners to carry the same into effect. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall and may de lawful for the commissioners hereinafter named, to establish a lottery within two years, after the passing of this act, to raise the sum of twenty-five thousand dollars, under such scheme and regulations as they or a majority of them may deem necessary and proper for the purpose of building a Masonic Hall in the town of Milledgeville. Sec. 2. And be it further enacted by the authority aforesaid, That William Y. Hansell, Seaton Grantland, Richard K. Hines, Wyatt Foard, John Manning, William Green, Arthur B. Davis, Benja-F. Owens, Frances V. Delonney, David B. Mitchell, and James S. Calhoun be, and they are hereby appointed commissioners to curry the aforesaid lottery into full effect.

Page 149

Sec. 3. And be it further enacted by the authority aforesaid, That when any vacancy may happen by death or resignation, or otherwise of any of the commissioners aforesaid, the surviving or remaining commissioners, shall fill the same in such manner, as they or a majority of them may deem proper. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 9, 1828. AN ACT to make permanent the site of the Public Buildings in the town of Hamilton, Harris county; in the town of Newnan, Coweta county; and in the town of Talbotton, in Talbot county; and the town of Greenville, in Merriwether, and to incorporate the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the public buildings in the town of Hamilton, [Illegible Text] and Talbotton, shall be, and remain permanently located and fixed at and upon the places, which said towns now respectively occupy. Sec. 2. And be it further enacted, That Clark Blandford, Jacob M. Guerry, P. T. Bedell, George H. Bryan, and Norris Lyon be, and they are hereby appointed commissioners, for the town of [Illegible Text]; that Winchester Dumas, William Hunt, James Clements, Thomas Roney, and William Nimmons be, and they are hereby appointed commissioners for the town of Newnan; and that H. R. Ward, George W. B. Town, John B. Davis, Samuel Flournoy, and William Goss be, and they are hereby appointed commissioners, for the town of Talbotton; and that Abner Durham, Joseph Cone, Levi Adams, Matthew Levirit, and Abraham Ragan, are hereby appointed commissioners of Greenville, Merriwether county. Sec. 3. And be it further enacted, That the said commissioners for the said towns of Hamilton, Newnan, Talbotton and Greenville, or a majority of them, shall have power and authority, to pass all bye-laws and ordinances, which they or a majority of them may deem necessary and expedient for the well government and good order of said towns, to lay and collect a tax for the support of said towns, and do all other things as bodies corporate, which may not be repugnant to the constitution of this state, or the United States.

Page 150

Sec. 4. And be it further enacted, That the [Illegible Text] authority and jurisdiction of said commissioners, shall extend to, and be exercised over all lots which now are, or which may hereafter be [Illegible Text] out within said towns. Sec. 5. And be it further enacted, That on the first Saturday in January, of the year eighteen hundred and thirty, and on the first Saturday in January, in every year thereafter, all free white male persons in said towns, who are entitled to vote for members of the General Assembly, shall assemble at their respective [Illegible Text] in the towns aforesaid, and by ballot, elect five commissioners, who shall continue in office one year, and until their successors are elected, at which election, one or more magistrates shall preside, and in case of the removal, resignation or death, of any of said commissioners, the remaining commissioners shall have power to fill such vacancy, for the time being. Sec. 6. And be it further enacted, That if said election should not take place, on the day pointed out by this act, it shall be lawful for it to be held on any other day, ten days notice of the same being given by a Justice of the Peace, or one of the commissioners. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 20, 1828. AN ACT to authorise the Commissioners of the town of [Illegible Text] in the county of Dooly, to lay out and sell [Illegible Text] lots in said Village. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act the commissioners of the town of [Illegible Text], shall have full power and authority, to lay out and sell as many lots in the said village, as they in their discretion may think proper.

Page 151

Sec. 2. And be it further enacted, That all laws and parts of laws, militating against this act, be and the same is repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 16, 1828. AN ACT to make permanent the site of the public buildings in the county of Lowndes, and to name the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text], and it is hereby enacted by the authority of the same, That from and after the passage of this act, the present site of the public buildings fixed on by the commissioners for that purpose, in the county of Lowndes be, and the same is hereby made permanent, and shall be called and known by the name of Franklinsville. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 16, 1828.

Page 152

AN ACT to make [Illegible Text] the site of the public buildings in and for the county of Troup, at the town of La Grange, and to incorporate the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text], and it is hereby enacted by the authority of the same, That from and after the passage of this act, the public buildings in and for the county of Troup, shall and the same are hereby declared to be permanently fixed, on lot number one hundred and nine, in the sixth district of said county of [Illegible Text], which said public site shall be called and known by the name of La Grange. Sec. 2. And be it further enacted by the authority aforesaid, That R ichard A. Lane, James Simmons, John Herring, Dowe [Illegible Text], and Howel W. Jenkins, be and they are hereby appointed commissioners for the town of La Grange, and shall continue in office until successors are appointed according to the provisions of this act. Sec. 3. And be it further enacted by the authority aforesaid, That on the second Tuesday in January, eighteen hundred and twenty-nine, and on the second Tuesday in January every year thereafter, it shall be lawful for all persons [Illegible Text] within the corporate limits of said town, entitled to vote for members of the Legislature, to assemble at the court-house in said town, and under the superintendence of two or more justices of the peace or justices of the inferior court of said county, to elect by ballot five commissioners, who shall continue in office for one year and until [Illegible Text] successors are elected; and if it shall so happen that such election shall not take place on the day before appointed, it shall be lawful for the same to be held on any other day, in the manner and form before prescribed by this act, upon ten days notice being given thereof in two or more public places in said town; and in case of the death, removal or resignation of any of said commissioners, those remaining shall have power to fill such vacancy or vacancies until the next annual election. Sec. 4. And be it further enacted by the authority aforesaid, That the aforementioned commissioners and their successors in office, shall have full power and authority to pass all laws, rules and regulations, and all other matters of police as shall seem to them conducive to the health, peace and well being of the inhabitants thereof: Provided the same is not repugnant to the constitution and laws of this State and of the United States, and shall have full power and authority to appoint such officers as may be necessary to carry into effect and execute such rules and regulations. Sec. 5. And be it further enacted by the authority aforesaid, That said commissioners, and their successors in office, shall have corporate jurisdiction over the lot of land on which said town is situated, and

Page 153

all other public lots that may hereafter be laid out in said town; and shall have exclusive government and control of all potrols and persons liable to work on the roads within the same. SEC. 6. And be it further enacted by the authority aforesaid, That said commissioners, and their successors in office, shall have power to levy a poll tax on the [Illegible Text] and property of said town: Provided the poll tax shall not exceed one dollar, and other tax shall not exceed that required by the State. SEC. 7. And be it further enacted by the authority aforesaid, That said commissioners shall be authorised to issue executions for their tax [Illegible Text] and penalties, and the same shall be collected as [Illegible Text] executions. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 16, 1828. AN ACT to incorporate the Town of Columbus, in the county of Muscogee, and to provide for the election of an Intendent and Commissioners for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That [Illegible Text] persons inhabitants of said town, entitled to vote for members to the General Assembly, shall assemble at the court-house in said town on the first Monday in January, eighteen hundred and twenty-nine, and on the first Monday in January every year thereafter, and by ballot, elect an Indendant and six Commissioners, who shall continue in office for one year, and until their successors are elected, at which election any two justices of the inferior court or two justices of the peace of said county, not being themselves candidates, shall preside. Sec. 2. And be it further enacted by the authority aforesaid, That if it shall so happen that said election shall not take place on the day herein appointed, any one or more justices of the peace for said county may afterwards give ten days public notice for holding an election, and the same shall be held in the manner herein [Illegible Text],

Page 154

and in case of the death, removal or resignation of any of said commissioners, the remaining commissioners shall have power to fill such vacancy until the next annual election. Sec. 3. And be it further enacted by the authority aforesaid, That the Intendant and Commissioners shall in nowise have power to alter the plan of said town by shutting up streets, or otherwise, not to permit any dweling house or other buildings to be put on any of the streets or common of said town, under any lease or leases, or in any other way. Sec. 4. And be it further enacted by the authority aforesaid, That the Intendant and Commissioners of said town shall have power to lease the common and other property of the town for any term not exceeding three years at any one time. Sec. 5. And be it further enacted by the authority aforesaid, That the Intendant and Commissioners shall have power to pull down and destroy as nuisance all obstructions in the streets of said town, and all dwelling and other houses on the common and unsold lots within the corporate limits of said town, which shall embrace the town and common belonging thereto. Sec. 6. And be it further enacted by the authority aforesaid, That the commissioners above named, shall be known as the Intendant and Commissioners of the town of Columbus, and by such their corporate name shall sue and be sued, and shall have a common seal, and shall have full power and authority to pass all bye-laws and ordinances, and to enforce the same, that they may deem best calculated to promote the general good of the citizens of said town: Provided, that no bye-law or ordinance shall be contrary to the constitution or laws of this State or of the United States. SEC. 7. And be it further enacted by the authority aforesaid, That when any vacancy shall happen in the office of Intendant, the Commissioners for the time being shall proceed within ten days to fill such vacancy out of their own body. Sec. 8. And be it further enacted by the authority aforesaid, That it shall be the duty of each and every person elected for Intendant or Commissioner, to take before he enters on the duties of his office, the following oath:I. A. B. do solemnly swear that I will well; and truly discharge the duties of Intendant, (or Commissioner as the case may be,) of the town of Columbus, and adopt such measures as may in my judgment be best calculated to promote the general good of the citizens of said town. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 19, 1828.

Page 155

AN ACT to appoint Commissioners to select a scite for the public buildings for the county of Marion, and to make permanent the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That [Illegible Text] Brewer, William Wells, William Williams, [Illegible Text] John J. Kaigler, William Underwood [Illegible Text] Gilmore, David Johnston, James Newherry and Joseph C. Brooks, be and they are hereby appointed commissioners [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] for the public buildings in the county of Marion, which [Illegible Text] [Illegible Text] so selected by the said commissioners, or a majority of them shall be held and deemed as the permanent scite for the public buildings for the county aforesaid. Sec. 2. And be it further enacted, That said commissioners one majority of them, are hereby authorised to purchase a lot [Illegible Text] [Illegible Text] of land for the same, and proceed to lay of lots in the [Illegible Text] scite in said county, and expose to public sale, after giving usual notice, the proceeds of such sales of lots to be returned to the inferior court of said county, as well as the lands purchased for the public scite, as a county fund, reserving sufficient to pay for purchasing the land for a county scite, and expenses incurred with regard to the same. Sec. 3. And be it further enacted, That the Superior Courts, Inferior Courts, and elections for the county of Marion, shall be held at the usual place of holding courts and elections, until the commissioners appointed by this act, shall have selected a scite for the public buildings in the county aforesaid, and shall have proceeded by a written notification to inform the Inferior Court of said county of such place and circumstance; and it shall be the duty of the justices of the Inferior Court of said county to advertise the same, stating the lot of land selected for the public scite in said county, at three of the most public places in the same, and it shall thereon immediately become the permanent scite of said county. Sec. 4. A nd be it further enacted, That it shall be the duty of the Justices of the Inferior Court of said county, so soon as the Commissioners have selected a public scite, and run off and sold the lots in conformity with the provisions of this act, to proceed and let out the building of a court house and jail in said county, after such plan, and under such regulations as a majority of them may think expedient, at such sciteAny law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 17th, 1828.

Page 156

AN ACT to authorise and provide for the building of an Arsenal in the City of Savannah, for the preservation and better security of he arms and munitions of war, the property of the State, in said City. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That his Excellency the Governor be, and he is hereby authorised and required to cause to be built or erected, in the City of Savannah aforesaid, on such lot of ground as the citizens or corporation of said City may surrender in fee simple, for this purpose, a suitable building or Arsenal of brick or stone of proper dimensions for the security and preservation of the arms and munitions of war belonging to the State, and as a place of deposit for the same. Sec. 2. And be it further enacted by the authority aforesaid, That his Excellency the Governor be, and he is hereby authorised to pay for the erection and building of said Arsenal, by draft on the Contingent Fund, for a sum not exceeding seven thousand dollars. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 20, 1828.

Page 157

AN ACT to incorporate the Savannah Ice Company. Whereas, a number of persons in the City of Savannah, in this State, have associated themselves into a company, for the purpose of furnishing the City with Ice, particularly during the summer months, and are desirous for the better effecting of that object, that the said association should be incorporated 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 William B. Bulloch, John Balfour, J. H. Burroughs, R. R. Cuyler, Wm. C. Cuthbert, Wm. C. Daniel, William Davies, John Davidson, R. H. Footman, Elias Fort, Geo. Glen, J. B. Gaudry, Wm. W. Gordon, Wm. P. Hunter, R. W. Habersham, R obert Habersham, Joseph Habersham, H. Hudson, P. M. Kollock, Charles Leusueur, H. W. Lubbock, Lowe, Taylor, Co. M. Myers, Wm. Mackey, John H. Morell, Geo. Millen, John D Mongin, John C. Nicoll, Jona. Olmsteed, Geo. W. Owens, Geo. F. Palmes, O. Palmes, Thomas R yerson, jr. Hugh R ose, B. E. Stiles, Isaac Scudder, Nach B. Silson, John P. Williamson, Paul H. Wilkins, Wm. T. Williams and Thomas Young, and others who are or may hereafter become members of the said Association, their successors and assigns, be and they are hereby created and made a corporation and body politic, by the name and style of the Savannah Ice Company, and by that name and style shall be and are hereby made able and capable in law, to have, purchase, receive, possess, enjoy and retain to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects of what kind, nature, or quality soever, to an amount not exceeding the capital of the said corporation, at the time of holding such property; and the same to sell, grant, demise, alien, or dispose of; and to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in courts of record, or any place whatsoever; and also to make and use a common seal, and the same to break, alter and renew at their pleasure, and also to ordain, establish and put in execution such bye-laws, ordinances and regulations as shall seem necessary and convenient for the government of said corporation: Provided, nevertheless, that such bye-laws, rules and regulations be not contrary to the Constitution and laws of this State or of the United States. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 158

AN ACT to amend an act, entitled an act more particularly to define the qualifications of voters for Aldermen of the City of Savannah and [Illegible Text] thereof, and to restrict the corporation of said City, in the imposition of a poll tax, to a specified sum. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the above recited act, be and is hereby so far amended as to qualify any citizen of the City of Savannah, and of the United States, resident in said City for the last three months preceding the election of Aldermen, to vote for Aldermen: Provided lie has paid all taxes, or has in his own right, sufficient estate, real, to satisfy, any tax executions which may be against him, and has made all returns required by the ordinances of said city, and has attained the age of twenty-one years. Sec. 2. A nd be it further enacted, That the magistrates presiding at said election are hereby authorised and required to administer the following oath, to any voter whose vote may be challenged before he votes:I, A. B. do swear, or affirm, as the case may be, that I am twenty-one years of age, have resided within the corporate limits of the City of Savannah for the last three months, have made all returns to the Treasurer of the Corporation of said City required by the ordinances of the same; have paid all taxes, or have sufficient estate, real, to satisfy any executions on amount of said taxes, and [Illegible Text] a citizen of the United States, and an inhabitant of this state. Sec. 3. And be it further enacted by the authority aforesaid, That it shall not be lawful for the said Mayor and Aldermen aforesaid, to impose any poll tax on any free white citizen of the said city, exceeding in amount the sum of one dollar. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented Dec. 19, 1828.

Page 159

AN ACT to incorporate the Town of Perry, in Houston county, and to define the duties and authority of the, commissioners of the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Giles B. Taylor, James M. Kelly, F. W. Jobson, James E. Duncan, and Allen Chastain are hereby appointed commissioners of said town, and shall continue in office, until successors are appointed according to the provisions of this act. Sec. 2. And be it further enacted by the authority aforesaid, That on the first Monday in January, eighteen hundred and thirty, and on the first Monday in January, in every year thereafter, all persons, inhabitants of said town, or residing within six hundred yards of the court-house square in said town, entitled to vote for members to the General Assembly, shall assemble at the court-house, in said town, and by ballot, elect five commissioners, who shall continue in office for one year, and until successors are elected, at which election, any two of the Justices of the Inferior court, or two of the Justices of the Peace of said county, not being themselves candidates, shall preside, and if it shall so happen, that such election shall not take place on the day herein appointed, any one or more of the Justices of the Inferior court, or Justices of the Peace for said county, may afterwards, by giving ten days public notice, hold the same in manner herein directed; and in case of the death, resignation, or removal of any of said commissioners, the remaining commissioners shall have power to fill such vacancy, until the next annual election. Sec. 3. And be it enacted by the authority aforesaid, That it shall not be lawful for any of said commissioners, so elected on appointed, to [Illegible Text] on the duties of his office, until he shall have taken and subscribed the following oath:I. A. B. do solemnly swear, or [Illegible Text] as the case may be, that I will, well truly perform the duties of a commissioner of the town of Perry, as [Illegible Text] by law, by adopting such measures therein, as shall in my judgment be best calculated to promote the general good of the citizens of the town of Perry, without any favor or partiality to any one: and that I will support and defend the constitution of the United States, and of the State of GeorgiaSo help me God. Which oath shall be taken before some Justice of the Inferior court, or Justice of the Pence of said county: and a certificate on the minute book of the commissioners, by the Justices, presiding at the election of commissioners herein directed, that the persons named and duly elected, and a certificate, as aforesaid, by the Justice, before whom, the above oath is directed to be taken, that they have taken and subscribed the said

Page 160

oath, shall be legal evidence, that the said commissioners so elected and sworn, are authorised to act as such. Sec. 4. And be it further enacted by the authority aforesaid, That the commissioners appointed under this act, shall be a corporation and body politic, so far as to be competent to make contracts, hold property, in their corporate capacity, both real and personal, and to do other acts herein authorised, and to sue and be sued by the name of the Board of Commissioners of the town of Perry, in Houston county. Any three or more of the commissioners, shall form a board, and be competent, to transact business, and make bye-laws, under this act: Provided, that no business of the board shall be transacted, nor any bye-laws made, unless a majority of the commissioners of the whole board, be present and concur therein; the proceedings of the commissioners, under this act shall be summary, and shall be authenticated by the signature of the President, and be judicially proved by a copy thereof, signed and certified by their Secretary; the board of commissioners shall have power and authority, at any time, if necessary, to transcribe their minutes, and other recorded proceedings into new books, and any transcript thereof, on being approved by them, shall be held and taken as the original. Sec. 5. And be it further enacted by the authority aforesaid, That the said board may appoint from their own body, a President, and may appoint a town Marshall, and such other officers as they may deem necessary, and in their absence, may appoint such officers protempore, and may allow compensation for their services, and may authorise the Marshall to appoint a Deputy, who shall take the same oath and have the same power as the Marshall himself: they shall have power to remove from office, such officers for misconduct, and appoint others in their stead, and to prescribe and settle all the forms and details, necessary and proper to give effect to their ordinances. While sitting as a Board, the said commissioners shall have the same power, as Justices of the Peace have of punishing contempts, and coercing their officers, and said officers shall continue and remain subject to this authority, twelve months after they shall be out of office, as to any monies or papers in their hands; the commissioners, or any one of them, shall be authorised to administer oaths, in any matter coming within the cognisance of the Board, and in case of any breach, or violation of the bye-laws of said town, for which the offender ought according to said bye-laws to be arrested, the commissioners or any one of them, may issue a warrant, having the usual requisites, for the apprehension of such offender or offenders, and for the bringing of him or them before the board of commissioners, to be dealt with as such bye-law, so broken, shall direct; and the said board of commissioners, are hereby empowered and authorised to impose and collect fines; the Marshall of said town and his Deputy, before they enter upon the duties of their office, shall before the board of commissioners, or some Justice of the Inferior court, or Justices of the Peace, take and subscribe to the following oath:I. A. B. do solemnly swear, or affirm as the the case may be, that I will, well and truly, do and perform the duties required of me as Marshall, of the town of Perry, according

Page 161

to law, and without favor or partiality to any one; and that I will support the constitution of the United-States, and of the State of Georgia; so help me God. The Marshal of said town and his Deputy, shall have power and authority, to arrest all who in their presence, within the corporate limits of said town, break the public peace, and to bind them over in recognisance, for their personal appearance at the next regular meeting of the board of commissioners, who may fine such offender or offenders, for so breaking the public peace, in a sum not exceeding ten dollars, provided this act shall not be so construed, is to operate upon any accused person, who under the same circumstances, would not be guilty according to the laws of force, in this state. In suits against the commissioners, or their officers, or any of them, they shall be entitled to the benefit of any statutes or laws in force, for the time being, in respect to suits against Justices of the Peace and constables respectively. Sec. 6. And be it further enacted by the authority aforesaid, That the corporate limits of said town, shall embrace all the lands lying within six hundred yards of the centre of the court-house square, and the jurisdiction of the board, shall extend over the same, and all persons usually resident therein, shall be liable to the provisions of this act. Sec. 7. And be it further enacted by the authority aforesaid, That the said board, shall have the superintendance of the streets, and may prohibit or remove all obstructions off, or incroachments thereon, and all nuisances, within the said corporate limits; and the said board of commissioners may levy and collect, in a summary manner, an annual poll tax, not exceeding one dollar on each free male person, of the age of twenty-one years, and not exceeding twenty-five cents, on each slave, usually resident therein, and a tax not to exceed ten cents, on every hundred dollars value, of all real estate except, that belonging to the county, stock in trade, and other personal estate, and any other property or thing therein, that may at the time being, be taxable by laws of this state, and also a tax not [Illegible Text] five dollars for each day, on all itinerant exhibitions, and performances therein for money. Sec. 8. And be it further enacted by the authority aforesaid, That the said board, may within the corporate limits of said town, make all needful regulations, for the restraint and punishment of slaves, and free persons of colour, according to the patrol laws of force in this state, and for the appointment and government of patrols therein; and may levy and collect as aforesaid, a tax not exceeding five dollars for each day, on pedlars, and itinerant traders therein; and may regulate and enforce work, upon the roads and streets, within the corporate limits of said town, by such persons, as by law, are liable to work on roads in this state, not exceeding five days at any one time, nor exceeding fifteen days in any one year; and in other respects, the said board of commissioners, shall and may have the same authority and jurisdiction over the said roads and streets, as would belong to the Inferior court of the county of Houston, if the said town were not incorporated; and the citizens of

Page 162

said town, liable to work on the roads, and streets aforesaid, are hereby exempted from any other road duties in said county; any law to the contrary notwithstanding. And the said board may pass all such ordinances, and do all such other acts, not repugnant to the constitution or laws of this State, or of the United States, as may be necessary to the accomplishment of the purposes in this act mentioned, and of all other matters of police, within the corporate limits of said town, as they shall deem [Illegible Text] to the health, safety, peace and well being, of the inhabitants thereof. Sec. 9. And be it further enacted by the authority aforesaid, That the said board may punish all offences, by white persons, and by free persons of colour against their ordinances by fine, not exceeding ten dollars, except on itinerant gamblers, and on them, not exceeding one hundred dollars; no corporal punishment shall be inflicted upon free white persons, but slaves and free persons of colour, for offences committed within the corporation aforesaid, and against the provisions of this act, may be corporally punished, not exceeding fifteen stripes. To enforce the payment of fines, taxes, and all other monies, accruing otherwise than by contract, the board may issue execution, against either the person or property of the delinquent, which shall have the force and effect of a Justices judgment and execution; and if property levied on by the Marshall, shall be claimed by any other person, than the delinquent, and such claimant or his agent, shall make affidavit in writing before any one of the commissioners, that the property belongs to him, the levy shall stand dismissed; and any person swearing falsely therein, shall be punished, as in other cases of perjury; the Marshal, or other ministerial officer, or officers of said board, and their Deputies shall, in the execution of their office, have the power, and be entitled to double the fees of a constable, and shall give bond, payable to the board of commissioners, in the sum of two hundred dollars, for the faithful discharge of their duties, which may be [Illegible Text] upon in the Inferior Superior court of said county, by order of said board, at the instance of any person or persons, making it satisfactorily appear, the he, she, or they have been injured, by his illegal conduct, in the execution of his office as Marshal, or [Illegible Text] Marshal; the Marshall shall have the collection of all fines imposed, and all taxes and dutics, laid by virtue of this act, and shall keep a book, containing all his actings and doings as Marshal, and all the actings and doings of his Deputy, for the inspection of the board of commissioners, and all persons interested. Sec. 10. And be it further enacted by the authority aforesaid, That the board of commissioners, shall hold their regular meetings in the court-house in said county, on the first Saturday of January next, and on the first Saturday, of every month thereafter, and they may hold [Illegible Text] meetings, for the transaction of business, under this act, at any time; and the corporate funds, after defraying the charges, incident, to the levying and collecting thereof, shall be by the said board, applied to the necessary expences, and improvement of the said town, in such manner as the board may deem most [Illegible Text] and the said board shall publish annually, at the end of

Page 163

each year, an account of such corporate funds, exhibiting the amount received in that year, and the several objects and amount of expenditure, including the balance either way, from the year preceeding; and if any preceding commissioner, shall retain in his hands, any such moneys, or any papers, which he may have received while in office, be may on refusal, be compelled to pay over, or deliver the same, or account there for, to the board of commissioners, by rule in a summary way, and an attachment may issue against him, in the nature of attachment for a contempt: Provided, such commissioner so in default, shall by proceeded against, within six months after he goes out of office. Sec. 11. And be it further enacted by the authority aforesaid, That all the rights and privileges, which were secured to the citizens of said town, under any act incorporating the same, heretofore made, be and the same are hereby secured to them under this act. Sec. 12. And be it further enacted, That all laws and parts of laws, militating against this act, be and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate JOHN FORSYTH, Governor. Assented toDec. 20, 1828,

Page 164

AN ACT to appoint Commissioners, to select a site for the public Buildings, in the county of Tattnall, and to make permanent the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General A ssembly met, and it is hereby enacted by the authority of the same, That William Johnson, Josiah [Illegible Text] Samuel S. Brinson, John T. Sharpe, Lewis Strickland, Nathan Bruton, Sr. James A. Tippins, and Daniel Coleman be, and they are hereby appointed commissioners to select a site, for the public buildings, in the county of Tattnall, which site shall be situated as near the center of the county, as circumstances and conveniences will admit, and the site so selected by the commissioners aforesaid, or a majority of them, shall be held and decmed as the permanent site, for the public buildings for the county aforesaid. Sec. 2. And be it further enacted by the authority aforesaid, That the aforesaid commissioners, or a majority of them shall be, and are hereby authorised and impowered to contract for, and purchase for the use of the county aforesaid, a lot or tract of land, not exceeding fifty acres, and shall immediately proceed to lay out such number of lots, out of the same as they may deem proper; and after giving at least thirty days notice, by advertising the same at three or more of the most public places in the county aforesaid; the said commissioners, or a majority of them, shall proceed to sell the said lots at public auction, upon such terms and conditions, as they may deem proper, and most for the interest of the county; and the proceeds of the sale of the lots sold by them, shall be paid over to the Justices of the Inferior court of said county, saving and reserving, in [Illegible Text] own hands a sufficient sum, to pay the purchase money for the lot, or tract of land purchased by them, and for all expenses incurred by the said commissioners, in laying off the lots, and selling the same. Sec. 3. And be it further enacted, That it shall be the duty of the commissioners aforesaid, as soon as they shall have selected and purchased a lot or tract of land, as a site for the public buildings, for the county aforesaid, and caused the said lots to be sold, under the provisions of the second section of this act, the said commissioners aforesaid, shall notify, in writing, the Justices of the Inferior court, of the county aforesaid, of their having selected and purchased a lot, or tract of land, for the site of the public buildings in said county; and it shall be the duty of the Justices of the Inferior court of said county, within ten days after receiving such written notice, to advertise the same, in three or more of the most public places, in the county, describing the lot, or tract of land, selected by the commissioners aforesaid, for the site of their public buildings, and [Illegible Text] same shall immediately thereafter, become the permanent site for the court-house and [Illegible Text] for the county of Tattnall.

Page 165

Sec. 4. And be it further enacted by the authority aforesaid, That it shall be the duty of the Justices of the Inferior court, of the county aforesaid, immediately after receiving the net proceeds of the sale of the lots, from the commissioners aforesaid, to advertise, and let to the lowest bidder, the building a court-house and jail, on the site selected by the commissioners aforesaid, after giving at least thirty days public notice, of the same, at three or more of the most public places in said county. Sec. 5. And be it further enacted by the authority aforesaid, That if any of the aforesaid commissioners, remove [Illegible Text] [Illegible Text] to serve, then and in that case, the remaining commissioners, shall immediately appoint some fit and proper person, to fill such vacancy. Sec. 6. And be it further enacted by the authority aforesaid, That all laws and parts of laws, militating against this act, be and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 16, 1828. AN ACT to make permanent, the Public Site of Baker County, and to name the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly me, and it is hereby enacted by the authority of the same, That the [Illegible Text] for the public buildings, of the county of Baker be, and the [Illegible Text] is hereby declared permanently fixed, on lot number thirty-five in the second district, of formerly Early, now Baker county, [Illegible Text] that said public site, shall be called, and known by the name of Bryon. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 16, 1828.

Page 166

AN ACT to appoint commissioners, for the better regulation and government of the town of Petersburg, and further to amend the same, passed the third day of December, eighteen hundred and four. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That so much of the second section of the act, first above mentioned, as authorises the election of five persons, as commissioners of said town, shall be repealed, that on the first Monday of January, in every year hereafter, the free white residents of said town, shall be authorised to elect by ballot, three of their number, to act as commissioners of said town, for the current year, ensuing their election; who shall take an oath, well and faithfully to perform the duties as commissioners of said town; and that on the refusal or neglect of any person, elected a commissioner for the period of twenty days after being elected, to accept, and in case of vacancy by death, removal, or resignation, the acting commissioners, shall order a new election, to fill such vacancy, giving at least ten days notice thereof, in two or more public places in said town, and that the election hereafter to be held, shall be superintended by a Justice of the Peace, of the county of Elbert: Provided, such commissioners so appointed, shall be lot owners in fee simple. Sec. 2. And be it further enacted by the authority aforesaid, That the non election of commissioners of said town, at any time heretofore, or the omission to hold elections hereafter, on the day by this act designated, shall not cause a forfeiture, or invalidate the powers and authorities of commissioners, hereafter to be elected, but the same are hereby granted and continued to them as fully, as by the above mentioned [Illegible Text], they are created and vested. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, Dec. 20, 1828.

Page 167

AN ACT to give to the county of Muscogee, one half of the square, laid off and appropriated for the erection of a Town House, in the town of Columbus, for county purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That one half of the square, laid off and appropriated, for the erection of a town house, in the town of Columbus, be given to the county of Muscogee: Provided, the Justices of the Inferior court, for said county, make known their intention to the commissioners, and intendant of the town of Columbus, to build a court-house, on the same within twelve months from the passage of this act: Provided, that the Inferior court, or commissioners of the court house and jail, of the county of Muscogee, shall not sell or dispose of any part of the square, reserved for a town house, in the town of Columbus. Sec. 2. And be it further enacted, That the Justices of the Inferior court, for said county, be authorised to sell or dispose of, in any manner, they may deem proper; the ten acres of land, heretofore land off, and appropriated for county purposes, in the town of Columbus, and make bona fide titles to the same. Sec. 3. And be it further enacted, That all laws or parts of laws militating against this act, be and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented toDec. 20, 1828.

Page 168

AN ACT to make permanent the public site for Appling county, and to name the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the public site for Appling county, shall be upon the lot of land where Solomon Kennady now lives, being the place selected by the Justices of the Inferior court of said county. Sec. 2. And be it further enacted, That it shall be known and called by the name of Holmesville; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to, December 8, 1828. AN ACT to extend the time for the Commissioners of the town of Brunswick and Frederica, to prepare a map of Brunswick, and send the same to the Surveyor General's office for recording. Be it enacted by the Senate and House of Representatives of the [Illegible Text] of Georgia in General Assembly met, and it is hereby enacted [Illegible Text] the [Illegible Text] of the same, That the commissioners of the town of [Illegible Text] and Frederica, shall be allowed to the first day of December [Illegible Text] hundred and twenty-nine, to send the plan of the town of [Illegible Text] to the Surveyor General's office; any law to the contrary [Illegible Text]. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, [Illegible Text]. Assented to, December 22, 1828.

Page 169

AN ACT to alter and amend an act, for the better regulation of the town of Elberton. Whereas, an act passed the twentieth day of December, eighteen hundred and twenty-four, to incorporate the town of Elberton, in Elbert county, by which act the power to sue and be sued, to plead and be impleaded, is not vested in the CommissionersAnd whereas, said act requires that the election for Commissioners be holden on the first Monday in January in each year, and at no subsequent timeFor remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the commissioners for the town of Elberton as a corporate body, may sue and be sued, plead and be impleaded, and exercise all other rights and immunities granted to them by the above recited act. Sec. 2. And be it further enacted by the authority aforesaid, That should the persons authorised to vote for commissioners within the corporate limits of said town, fail to elect their commissioners on the first Monday of January in each year, they are hereby authorised and empowered to hold such election at any time within ten days after the said first Monday in January. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 17, 1828.

Page 170

AN ACT to amend and enlarge an act, eniitled an act, to grant certain powers to the Commissioners af Pilotage, and for further preventing the obstruction of the Savannah river. Whereas, the river Savannah is frequently injured by the projecting of the wharf heads into the river, beyond the line of the authorised survey of the wharf lots, and by the sliding, washing, or caving in of the material with which the wharfs are filled in, in consequence of the defective manner in which said wharfs are constructed, or in consequence of some decay, or want of reparationTherefore, Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the commissioners of pilotage for the bar and river of Savannah, and they are hereby authorised to visit, inspect, and examine annually in the month of June, the several wharves on said river, between Rays Hall, and the ocean; and should any wharf seem to them to require repair, whereby injury to the river, in their opinion, may be be prevented, they shall cause the same to be inspected and surveyed by an alderman of the city of Savannah, a wharf owner, and a master carpenter or wharf builder, and if said surveyors or a majority of them, shall be of opinion that said wharf requires repair, then the owner or owners tenant or tenants thereof, his, her, or their agent or agents, representative or representatives, shall within three months thereafter, well and sufficiently in the opinion of said surveyors, or a majority of them, repair, or cause to be repaired said wharf so deemed to be in need thereof; and if he, she, or they, shall refuse, fail, or ueglect so to repair said wharf, or cause it to be repaired within the time aforesaid, it shall be the duty of said commissioners to cause the same to be repaired, and the owner or owners, tenant or tenants of such wharf, his, her, or their agent or representatives, shall forfeit and pay to the commissioners for the use of the said river, the sum of two hundred dollars, together with all the costs, charges, and expenses of the repairs, to be recovered in any court of competent jurisdiction; and which may be levied by distress and sale of said wharves, and the lot or lots thereunto appertaining, or by any other execution or process against the person or property of the defendant or defendants. Sec. 2. And be it further enacted by the authority aforesaid, That if any vessel, boat, flat, ark, hulk, wreck, crib, raft, or erection, shall be sunk or caused, permitted, or suffered to be sunk in the river Savannah, between Rays Hall and the ocean, or to drift up and down said river, or to lodge to the injury or annoyance of the navigation thereof, against the wharves, banks, shores, or sides thereof, or any of them, the person who shall so sink or cause to be sunker

Page 171

permit or suffer the same to be sunk, or to drift or lodge as aforesaid, or the owner or owners, master, consignee, or consignees, or other person or persons, having charge of such vessel, boat, flat, ark, crib, raft, or erection as aforesaid, shall forfeit and pay to the said commissioners for the use of the river aforesaid, a penalty not exceeding five hundred dollars, to be assessed by said commissioners, which may be recovered in any court of competent jurisdiction. And whereas, it frequently happens that vessels, halks, or wreeks, condemned or deemed unseaworthy, are dismantled, and partially broken up, at or near the wharves, where they are left in a state liable to sink, or otherwise become an obstruction to the navigation of the river. Sec. 3. Be it enacted by the authority aforesaid, That whenever any vessel, wreek, or hulk, deemed by the commissioners to be, or likely to become an obstruction as aforesaid, it shall be the duty of the commissioners to require of the person or persons, their agents or legal representatives last having had charge of the same, to remove, of cause to be removed, said obstruction or threatened obstruction as aforesaid, to some spot on the sboal ground between Hutchinson and Fig Islands, as shall be designated by the [Illegible Text] of the said commissioners; and whenever any vessel, [Illegible Text] or hulk, so deemed by the said commissioners an obstruction, or likely to become so, shall be sold, it shall be the duty of the auctioneer, or person or persons selling, or otherwise disposing of the same, to demand and take as one of the conditions of [Illegible Text] or other disposition thereof, of and from the purchaser or purchasers, or person or persons otherwise coming into possession thereof, bond with good and sufficient securities, to be approved by said commissioners or their chairman, in the sum of five hundred dollars, payable to said commissioners, conditioned to remove, or cause to be removed, such wreck, hulk, or vessel, to some spot on the shoal ground between Hutchinson's and Fig Islands, to be designated as aforesaid; and if such person or persons having charge, or having last [Illegible Text] charge, or possession of such vessel, wreck, hulk, or other [Illegible Text] as aforesaid, on requisition made to them by the commissioners of pilotage through their chairman, shall refuse, reglect, or fail to remove the same within such time as said commissioners may think the exigency of the case requires, and to such spot as shall be pointed out to him, her, or them; and also, if such [Illegible Text] or auctioncers, or other person so selling, or otherwise disposing of said vessel, wreck, hulk, or other [Illegible Text] threatening to become an incumbrance or obstruction to the river, shall [Illegible Text] [Illegible Text] or fail to take such bond, he, she, or they, as well as the party so [Illegible Text] to remove, as that so neglecing or failing to take such [Illegible Text] as aforesaid, shall forfeit and pay to said commissioners for the use of the river, a penalty not exceding five hundred dollars, which may be recovered in any court of competent jurisdiction. Sec. 4. And be it further enacted by the authority aforesaid, That if any [Illegible Text] wreck, or hulk, deemed to be [Illegible Text] or [Illegible Text] [Illegible Text]

Page 172

as unseaworthy, shall be broken up, or caused, or attempted to be broken up elsewhere in said river, than at a spot on said shoal space, which shall have been designated by the chairman of said commissioners, in convicting any person of breaking up, or causing or attempting to break up the same, or the owner or owners, master, consignce or consignees, or other person or persons having charge of such vessel wreck, or hulk, shall forfeit and pay to said commissioners for the use of said river, a penalty not exceeding two hundred dollars, to be assessed by said commissioners, which may be recovered in any court of competent jurisdiction. Sec. 5. And be it further enacted by the authority aforesaid, That whenever any vessel, wreck, or hulk in said river, shall be deemed by said commissioners to be unseaworthy, or liable to sink, it shall and may be lawful for said commissioners, and they are hereby authorised to cause a notice or requisition to be given to, or served on the owner or owners, master, consignee or consignees, or other person or persons having charge thereof, or any of them, requiring him, her, or them, to remove such vessel, wreck, or hulk, within three days, to such spot upon said shoal space, as shall or may be designated in said notice or requisition; and if such owner or owners, master, consignee, or consignees, or other person or persons having charge of such vessel, wreck, or hulk, shall refuse, neglect, or fail to remove the same within said time to such spot as aforesaid, it shall be the duty of said commissioners, and they are hereby authorised and empowered to remove such vessel, wreck, or hulk, or cause the same to be removed, and the owner or owners, master, consignee or consignees, or other person or persons having charge of such vessel, wreck, or hulk, shall forfeit and pay to said commissioners for the use of said river, not exceeding the sum of two hundred dollars, together with all the costs, charges, and expenses of such removal, to be recovered in any court of competent jurisdiction. Sec. 6. And be it further enacted, That if any person or persons shall place, or lay any vessel, wreck, or hulk, or cause any vessel, wreck, or hulk to be placed, or to lie on shoal, bank, bed, or bar in said river, between Ray's Hall and the ocean, except by and with the permission of said commissioners, signified in writing, and unless secured in the manner specified in and by said permission, such person or persons, owner or owners, shall forfeit and pay to said commissioners for use of said river, a penalty not exceeding five hundred dollars, to be assessed by said commissioners, which may be recovered in any court of competent jurisdiction. Sec. 7. And be it further enacted by the authority aforesaid, That if any person or persons shall resist, oppose, obstruct, or beat said commissioners or surveyors, or them, or either of their agents, or servants, or any of them, in the performance, execution, or carrying into effect of the services or duties, or any of them herein before mentioned, every such person shall be deemed guilty of a misdemeanor, and on conviction thereof, shall pay a fine or be imprisoned in the common jail, or both, in the discretion of the court.

Page 173

Sec. 8. And be it further enacted by the authority aforesaid, That whenever an action, or cause of action shall accrue, or arise within the intent or meaning of this act, the affidavit whereon to found an attachment or other legal proceeding, or to hold the defendant or defendants to bail thereon, may be made by the chairman of said commissioners or their agent. Sec. 9. And be it further enacted, That this act shall be published at the expense of the aforesaid commissioners, once a month for the term of three months in each of the gazettes in the city of Savannah for six months. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. Assented to Dec. 20, 1828.

Page 174

RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. HOUSE OF REPRESENTATIVES, December 10, 1828. The Committee to whom was referred the resolutions from the States of South-Carolina and Ohio, have had the same under their consideration. As the subjects referred involve questions of the deepest interest, [Illegible Text] the fundamental principles of the [Illegible Text] government, the [Illegible Text] of the states, causes of complaint for infractions of the [Illegible Text] and [Illegible Text] by the General Government upon state rights, as well as the rights of the states to redress their wrongs, your committee have devoted their serious attention and grave [Illegible Text] to the subject which the magnitude and importance of the [Illegible Text] [Illegible Text] require. And from the view which your committee have given the subject, they concur in the sentiments and [Illegible Text] of the state of South-Carolina upon most of the subjects [Illegible Text] in the discussion. They entertain no doubt but that the Constitution of the United States is a federal compact, formed and adopted by the States as [Illegible Text] and independent communities. The convention which formed and adopted the Constitution, was composed of members elected and delegated by, and deriving [Illegible Text] power and authority from the legislatures of their respective states. Its ratification depended upon the Legislatures of the states, each reserving the right of [Illegible Text] or dissent without regard to [Illegible Text]

Page 175

By the Articles of Confederation of 1778, which was a [Illegible Text] between the states, there was a special reservation of all rights [Illegible Text] sovereignty and independence, not thereby expressly [Illegible Text] which proves conclusively, that prior to [Illegible Text] into that [Illegible Text] all the rights of [Illegible Text] and independence belonged to the states, and were complete in them, and that they did not intend to divest themselves of any of those rights, except such as were expressly delegated. In the constitution of 1787, the powers delegated are clearly defined and particularly [Illegible Text] The amendment to the [Illegible Text] is more explicit. It declares that the powers not delegated [Illegible Text] the United States by the Constitution, are reserved to the states [Illegible Text] or to the people. The states were granting powers to the General [Illegible Text] and as they enumerated the powers granted, it was useless and would have been superfluous to have made special reservations. The affirmative grant of powers [Illegible Text] operates an exclusion of all powers not [Illegible Text] The states in forming the constitution, treated with each other [Illegible Text] [Illegible Text] and independent governments, expressly acknowledging their rights of [Illegible Text] and [Illegible Text] as they divested themselves of those rights only which were expressly delegated, it follows as a [Illegible Text] consequence, that they are still sovereign and independent as to all the powers not granted. The States respectively, therefore, have in the opinion of your committee, the unquestionable right in case of any infraction of the general compact, or want of good faith in the performance of its obligations, to [Illegible Text] [Illegible Text] and even to refuse [Illegible Text] to any measure of the General Government [Illegible Text] [Illegible Text] [Illegible Text] in violation of the Constitution; and in short to seek redress of [Illegible Text] wrongs by all the means rightfully exercised by a sovereign and independent government. Otherwise, the constitution might be [Illegible Text] with impunity and without redress, as often as the majority [Illegible Text] think proper to [Illegible Text] their powers, and the party [Illegible Text] [Illegible Text] to yield a submissive obedience to the measure however [Illegible Text] This would tend to annihilate all the sovereignty and independence of the states, and to consolidate all power in the General Government, which never was desigued nor intended by the [Illegible Text] of the constitution. Your committee are also of opinion, that the acts of the General Government in providing for the general welfare, must [Illegible Text] general in their operation and promotive of the general good; not the advancement of the interest of any particular section or local interest, to the injury of another. The [Illegible Text] general welfare, implies clearly, that the means [Illegible Text] [Illegible Text] [Illegible Text] this end, must be general in their nature and tendency. Any measures therefore having for [Illegible Text] object [Illegible Text] advantages [Illegible Text]

Page 176

local interests, to the prejudice of another portion of the [Illegible Text] cannot be general, and therefore contrary to the letter and spirit of the Constitution. It is believed by your committee therefore, that the tariff laws of the United States, so far s they have for their object the protection of a particular branch of labor to the injury of the commercial [Illegible Text] of the country, and of the agricultural interest of the southern states, are unconstitutional. For the same reason, [Illegible Text] have not the right to [Illegible Text] the monies of the United States for the improvement or benefit of a particular section of the country, in which all the States would not have a common interest and equal benefit. If Congress is invested with the right at all, she is invested to an [Illegible Text] and indefinite extent, and may exhaust the whole wealth and [Illegible Text] of the Government in the promotion of the improvement and interest of [Illegible Text] sections of the country to the injury of another. In fine, that she may make one portion of the country tributary to anotherthat she may tax the community to enrich or aggrandize a particular section, and [Illegible Text] the general welfare yield to a particular interst. But if it be true as your Committee maintain, that the Congross of the United States are restricted to the powers expressly [Illegible Text] it is equally true that they have no power or right to pass any laws but such as may be necessary and proper to carry into effect the powers [Illegible Text] and which promote the general welfare of the United States. In relation to the right of Congress to interfere [Illegible Text] directly or [Illegible Text] with the subject of slavery, as recoguised by the laws of this State, your committee [Illegible Text] it improper and [Illegible Text] to enter into a discussion. This State never can, and never will so far compromit her interests on a subject of such deep and vital concern to her self-preservation, as to suffer this question to be brought into discussion. [Illegible Text] on this subject was the sine qua [Illegible Text] on the part of the slave holding States, in forming the Union, and entering into the Federal Compact. As the southern states would then, so they must now or hereafter consider any attempt to interfere with this delicate subject, an aggression as having a tendency to produce revolt and [Illegible Text] of the most [Illegible Text] character. These States must view with jealously and distrust, all associations having for their object the [Illegible Text] of slavery. The principles propagated by the [Illegible Text] devotees of this project, are calculated to have the most [Illegible Text] effectsexiciting false hopes of libertyproducing discontent and [Illegible Text] in the mind of the otherwise happy and [Illegible Text] slave, and a restlessness for [Illegible Text] when the actual state of [Illegible Text] forbids the possibility of it at [Illegible Text]

Page 177

The Colonization Society is considered by your committee as one of a dangerous character in this respect. Its [Illegible Text] of [Illegible Text] are vain and visionary. Its professed objects never can be accomplishedthey are wholly [Illegible Text] This institution therefore, should not in the opinion of your Committee, receive the support, countenance, or patronage of Congress, and not being a matter of national interest, the Government has no right to take it under its protection, or make appropriations for its support. Your Committee therefore recommend the adoption of the following resolutions: Resolved, That this legislature concur with the legislature of the State of South-[Illegible Text] in the Resolutions adopted at their December session in 1827, in relation to the powers of the General Government and State rights. Resolved, That his Excellency the Governor be requested to transmit copies of this Preamble and Resolutions to the Governors of the several States, with a request that the same be laid before the Legislatures of their respective States; and also to our Senators and Representatives in Congress, to be by them laid before Congress for [Illegible Text] Approved Dec. 20, 1828. To the People of the States in favor of prohibiting Importations, as a policy for the encouragement of Domestic [Illegible Text] HOUSE OF REPRESENTATIVES, December 19, 1828. To preserve the Union of these States, and the full enjoyment of that happiness which is [Illegible Text] to us all by a holy [Illegible Text] to the [Illegible Text] is deemed an object of sufficient [Illegible Text] to justify an Address, [Illegible Text] [Illegible Text] its character and brotherly in its objects, from one part of the political family to the other. The people of Georgia believe the [Illegible Text] to have [Illegible Text] [Illegible Text] it becomes necessary, through their [Illegible Text] to [Illegible Text] to [Illegible Text] in language of [Illegible Text] and truth, their views and [Illegible Text] upon [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] which [Illegible Text] of the [Illegible Text] not for the purpose of making captions objections to the exercise by

Page 178

Congress of legitimate powers, that we claim your attentionBut with an ardent hope, founded upon the intelligence, virtue, and love of common country which reigns among the people, of bringing the public servants back to that republican simplicity, in the administration of our affairs which marks, sustains, and adorns our political institutions, and is the only safe guard to liberty. The nature and extent of our political associations cannot be misunderstood by any one who will discard sectional interest, and dispel from his mind the mists and prejudices produced by its deceptive influence. That the relation in which we stand towards each other, may be distinctly understood and acknowledged, it is only necessary to review our several situations previous to any political alliance with each other. From our carliest colonization we were of kindred blood, and kindred in principle, and close connexions in pure love of libertyOur primary political connexion had its origin in the oppressions of the mother countryWe resisted aggressions upon our unalienable rights, and with a fervor that thrilled through every heart, joined our fortunes, our lives, and our sacred honor, in the declaration of our independence and the achievement of our liberties.Providence hallowed the undertaking, and victory sealed our [Illegible Text] and each of us was acknowledged a free, independent, and [Illegible Text] State. To secure the blessings of liberty to ourselves and our posterity, we formed that Constitution, against the provisions of which, no Georgian was ever heard to utter a murmur of complaint. It was by that Constitution we expected to be governed in our relations with foreign governments, and with each other as States, or Independent Communities. The people of Georgia wish neither to deny, or to withdraw any power which they have granted. They love and venerate the Constitution, as they believe a tenacious adherence to it is the only security to the prosperity, the liberties, the glory and the happiness of all the States; and that upon its perpetuation, in its native purity, the principle and progress of free government in the whole world depend. In the legal exercise of the powers conferred in that instrument, there is not a dissenting voice in GeorgiaBut it is the misconstruction and abuse of those powers that is sought to be redressed. The sovereignty of the State Governments was never intended to be given up or impaired, in any other manner than that expressed in the Constitution, and was retained and cautiously guarded, both by the limited and special grants of power in the Constitution, and by the insertion in that instrument of the following articlesThe [Illegible Text] in the Constitution of certain rights, shall not be construed to disparage others retained by the peopleAnd the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. These articles were intended as express limitations to the General Government; and explicit reservations to the State Governments of every power not granted. The language is too plain to fail in expressing the object of the Convention. It cannot then be believed, notwithstanding the warmth and earnestness

Page 179

with which it has been contended, that the States assented to any power being given to the National Government, but those which were expressed and those which were strictly necessary and proper to carry such expressed powers into effect. A system of measures not contemplated by the Constitution, has been adopted and [Illegible Text] pursued by Congress, having for its object the improvement of particular parts of the country, and the advancement of sectional interests. These measures, of whatever kind or character, are justly objectionableas they can only be supported by forced constructions of the Constitution, and are partial and oppressive in their operation; and among them may be included that system, which has been in progress for years, of levying heavy duties to exclude from our ports, many articles of general commerce, for the purpose of encouraging and protecting the manufacturing interest, in exclusion to the other great branches of industry. If it were inexpedient only, oppressive and ruinous as it is to our interests, we would not use this method of opposing it. The repeal of the measure would be sought in a different way; but when it is an open and violent infraction of our Compact, we have a right which we will never surrender, to demand its repeal. It is not presumed that you will continue to confide in those who persevere in the exercise of a power which has never been granted themIf it has been granted it is open to public view; there are no secrets in the Constitutionbut for the authority which it confers, the National Government would not exist. Its power is based upon the Constitution alone, and has no auxiliaryWhere then, we may confidently ask you, is the power granted, either expressed or implied, either in letter or spirit, to pass laws to create, extend, and to protect a particular branch of industry, to the prejudice of other interests of equal importance to the people, and of equal advantage to the Nation? It cannot be denied that this is the effect of protecting duties, and that it was intended to be the effect, as prices of all articles upon which duties are paid, are obviously enhanced to the extent of the duty imposed. Is the right claimed by Congress fairly derivable from the power granted to levy taxes, lay imposts, c.? The object to be obtained by this power is very clearIt was to enable the government to raise a revenue to defray expenses, indirect taxes being considered a better mode of raising funds than direct, because they bear most heavily upon those who have not ability to pay them. That power was likewise given to Congress to prevent the injustice which would have resulted to the non-importing States, by paying their indirect taxes into the coffers of importing States, and at the same time through direct taxation upon their people, to furnish their quota of the disbursements of the government. It was not in contemplation of the framers of the Constitution, that a power to raise revenue should be exercised to destroy it. The Convention of Harrisburgh, who met to goad Congress to the late deplorable expedient for the establishment of the monopoly of the manufacturers, knew full well, while recommending an increase of duties, that a decrease

Page 180

of revenue would be the immediate, and the [Illegible Text] of it, the final result, if their wishes were accomplished; and gave occasion to the subterfuge used in Congress to evade the question of Constitutional power, by rendering it impracticable for the judges of the supreme court to ascertain the true object of the act passed, without looking to the motives of its advocates, which unhappily, as it regards this act, they do not consider themselves authorised to [Illegible Text] The Constitution declares that the imposts shall be uniform throughout the United States. That declaration was intended to protect the States from any partiality and advantage which might otherwise have been extended to one quarter of the country, by making the imposts greater at one part than another. What is the difference in effect, if you insist through that power to levy such excessive duties as will give the interest of one part of the community, an advantage over that of another; though that end is not accomplished by imposing greater duties at some ports than at others, yet you desire to attain the same object by their excessive imposition and increase. Is the right to protect manufactures, claimed under the power to regulate commerce? It is true Congress has the power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes. This power was given to cnable Congress to carry into effect the commercial treaties with foreign nations, and render them [Illegible Text] throughout all the States to save the perplexity which would have arisen by each State retaining the power of making its own commercial regulations with foreign nations, and with the States, which without such a grant of power would not have been effected. That clause was never intended to vest the right, nor can it be legitimately inferred from it, that Congress had the power of legislating upon the internal concerns and interest of the people of the several States. It was only intended to regulate our relations between the whole of the States as one body, and foreign governments, and our commerce with each other as States, or independent communities. If under that grant of power, the right of passing laws for the protection of manufactures can be justified, a continuance of the principle, and an extension of the practice, will lead to the [Illegible Text] extirpation of the very commerce which that clause was inserted to regulate. If it be your interest to lay such interdicting duties as to exclude one article, by the same rule you may exclude another, and go on excluding, until you completely inhibit the importation of every species of foreign manufacture Should you continue to [Illegible Text] the right of excluding all articles which it is your interest to manufacture, you will not, nor cannot deny the same right to other sections of the Union. We might upon our part, insist upon such a duty on sugar, rum, and molasses, as to prohibit the [Illegible Text] of those articles; and though we might not be able at once to [Illegible Text] a [Illegible Text] supply for the consumption of the whole [Illegible Text] [Illegible Text] [Illegible Text] argument against us, since it is always in our power to [Illegible Text] upon you the favorite answer of the manufacturersIt

Page 181

is true we cannot at present furnish what is required for the consumption of the nation, and the people will pay higher for these articles of necessity; but give us our own prices long enough, and we shall furnish them much cheaper than they are now afforded, to the great benefit of the country, and the encouragement of American industry. Other sections of the country having the same right, would require prohibitory duties upon their favored products or manufactures; and if protection be granted to all, as justice requires it should be, if granted to any, the inference is [Illegible Text] that the commerce with foreign nations, so far as regards their importations, would be at an end; it follows as a necessary consequence, that all foreign commerce would be entirely cut off. Money is the only medium of exchange, and no nation will find it to be her interest to buy our exports, unless we receive theirs in return. If the system cannot be justified in the general, upon the principles of our government, it cannot be in part It is not reasoning upon extreme cases, and if it were, it is not an illegitimate test of constitutional principle. Whenever a power is exercised by Congress, which is not granted, it is an assumption of authority by that body, dangerous to the liberties of the people, since every assumption of power is an act of despotism. The intention and letter of the Constitution, were to prescribe within certain defined limits, the power of the General Government, and not to consolidate the power of the state sovereignties. If the latter was the real government, no matter how arbitrary and partial might be its measures, they would nevertheless be the law, as the majority would rule. But while the Constitution is to regulate the power of Congress, any act which is in contravention of that instrument is illegal, and not binding even though it may have been passed unanimously, and twenty-three out of twenty-four States should assent to it. To provide for the general welfare, is an expression in the Constitution by virtue of which it has been contended, that any law would be constitutional which, in the opinion of Congress, would redound to the general interest. From an inspection of the instrument, this, so far from being a grant of power, is the designation of one object to be effected by powers specially and distinctly granted in the Constitution. The Convention never intended to grant power by this clause; if it had, there would have been no need of any other article in the ConstitutionIf it were [Illegible Text] alone, and received the construction given to it by those who claim unlimited control for the national councils, it would of itself render every article in that instrument nugatoryIndefinite in its extent, it would give, if it gave any thing, unlimited authority. Establish its claim as an authorative article, and it will justify any thing and every thing which Congress might pretend to believe would promote the general welfare.

Page 182

The interest of one State was never intended to be sacrificed [Illegible Text] that of the othersClimate, soil, and custom, have prescribed different occupations and pursuits suitable to the situation and [Illegible Text] of each other. If it be the interest of any part of the confederacy, to manufacture, let them pursue those vocations in peace to which their genius and circumstances direct them: it is not though expected that they will by legislative enactments, continue to require the agriculturalist to make sacrifices to enhance the products of their labor. Such pretensions are foreign from the spirit of the compact. We have as much right to lay a prohibitory duty upon the hogs, horses, and mules of Kentucky and Ohio, to promote the encouragement of raising those animals, as the General Government has to prohibit foreign goods to promote the manufacture of them in a particular section; or that Kentucky should vote for a duty on bagging to compel us to pay a greater price for the article. The whole [Illegible Text] system is founded in error, and humanity weeps over the fading patriotism of those who sordidly pursue their own interest at the expense and utter sacrifice of the holy principles of liberty and the constitution. The people of Georgia are fully sensible of the impositions which are heaped upon them by the extravagant constructions and perversions of the powers delegated to the United States, and regret that they have causes of complaint too well founded to be removed by argument, or to be softened by explanation. Let us recur to the inducements which were held out, the great objects to be [Illegible Text] by our political connexion. The Constitution was adopted to form a more perfect union, establish justice, [Illegible Text] domestic [Illegible Text], to provide for the common defence, promote the general welfare, and to secure the blessings of liberty to ourselves and posterity. Can it be said that the anticipations of our forefathers, who looked to effect these objects by the instrumentality of the Constitution, are realised, when our interests are made subservient to a growing monopolyIs justice established, when we are required not only to buy the products of your labor at your own price, but to suffer by the same compulsory arrangement the loss of a great market, and a depreciation of price for our own? Is it reasonable to expect a more perfect Union, when the interest of a portion of that Union is wholly disregarded, and made the subject of depredation by the other part? Can [Illegible Text] be ensured among a people who are reminded of their injuries and oppressions by repeated infractions of their compacts and [Illegible Text] engagements? Is the general welfare promoted by a studious and systematic course of legislation, which has for its object the promotion and encouragement of a particular branch of industry at the expense of all others? And will the blessings of liberty to ourselves and posterity be secured, if the violence of irritated feelings, and a sense of that misery and degradation which, if the limitations of the Constitution are not more strictly observed, must be our portion, should produce such convulsions as to rend [Illegible Text] twain the Temple of Liberty? When we entered the confederacy, it was for the protection of our rights, and we were particularly [Illegible Text] to grant no power by

Page 183

which they might be either disregarded or abused; and if instead of that protection, they are abandoned, and made the sport of the self-interest of our nearest and dearest friends, we must as we did under British domination, seek an effectual remedyThis we shall be compelled most reluctantly to do, if these partial and unconstitutional measures are persevered in, without fear of imputation from our contemporaries, or the impartial [Illegible Text] of [Illegible Text]. But does not the heart of [Illegible Text] sicken at the prospect, that the American Constitution, justly esteemed by the friends of Freedom throughout the world, as the great [Illegible Text] of the genius and patriotism of the last century, is in danger of being torn by manufacturing cupidity from its high place, while some of the immortal men whose hands aided in its elevation, are yet on earth to witness and deplore the sacrilegious deed. Resolved, That the Governor be requested to forward a copy of the foregoing remonstrance to the Governors of the several States. Approved, December 20, 1828. HOUSE OF REPRESENTATIVES, December 17, 1828. A Memorial from the Senate and House of Representatives, in General Assembly, representing the feelings and opinions of the people of the State of Georgia, upon the Tariff Law, passed at the Firt Session of the 20th Congress; submitting to the States opposed to that obnoxious law, a summary of the principles of the opposition of this State to it, and requesting a concurrent Constitutional opposition to the law, and the system which it is intended to foster. The Senate and House of Representatives of the State of Georgia in General Assembly met, solicit the concurrence of their sister States opposed to the Tariff lately passed, in resisting the law and its operation, upon the following reasons, and in the manner hereinafter proposed. 1st. We oppose the Tariff Law, last enacted, because we believe it to be both in its object and its spirit, unconstitutional. It is unconstitutional1st. Because the power to lay and collect duties and imposts, to pay the debts, and provide for the common defence and general welfare of the United States, is abused and [Illegible Text] to the accomplishment of objects not within the [Illegible Text] of

Page 184

direct federal legislation. The power intended to be given by the Constitution, to Congress, is that of raising a revenue, for objects specified. The late tariff destroys the revenue, and is intended and [Illegible Text], to have for its object, the encouragement and protection of Domestic manufactures. As it destroys, or at least, [Illegible Text] the [Illegible Text], it is so far inexpedient. It operates thereby, indirectly as an [Illegible Text] fax upon the [Illegible Text] of Southern productions. So far, it is unequal and [Illegible Text]therefore, it is inexpedient and [Illegible Text], as a general law. It intends to encourage and protect domestic manufactures, by reversing the accustomed [Illegible Text] of exchange in tradevix: [Illegible Text] [Illegible Text] materials for manufactured commodities. It thereby intends to effect an entire alteration in the system of [Illegible Text] commercial inter-course with foreign nations. Hitherto, the trade of the U. [Illegible Text] has been comparatively absolutely free; subject only to regulations, expedient, when considered in relation to the raising of a revenueThe present tariff restrains its freedom, and therefore, [Illegible Text] both its extent and its profitableness. 2dly. It is unconstitutionalBecause if it be defended under the power to regulate commerce with foreign nations, while the avowed object is, to encourage and protect domestic manufactures, it is a palpable abuse of the power given by the language of the ConstitutionFor under a power of prescribing the rules of exchanging foreign and domestic commodities, the power is so perverted as to endanger, not only the prosperity of our commerce, but almost its very existence, in the [Illegible Text] to accomplish an object, altogether domestic, and even sectional. An object too, which the Constitution intends to effect, by means prescribed, and altogether different from those used. For, under the power to promote the useful arts, an ample and effectual general power, with a prescribed mode of use, resides in Congress to encourage and protect all useful arts. To use another and a different power, capable, indirectly, of effecting such objects, concurrently with that, obviously intended to effect them, is an [Illegible Text] abuse of the [Illegible Text] power. 3dly. Independent of its [Illegible Text], the law is [Illegible Text], and oppressive generally, particularly on the [Illegible Text] division of the United States. It is inexpedient, because it brings into premature existence [Illegible Text] vast system of industry, which should be, and which in time, would be, the natural and spontaneous production of [Illegible Text], and the [Illegible Text] of the country. This is nothing but pure political [Illegible Text]. It is inexpedient, because that industry having this [Illegible Text] origin, must be sustained by a [Illegible Text] and like [Illegible Text] [Illegible Text]. Law after law will be required, or demanded, [Illegible Text] support [Illegible Text] [Illegible Text] of labor which springs up under the [Illegible Text] of [Illegible Text] [Illegible Text] and cupidity are [Illegible Text] [Illegible Text] their [Illegible Text] [Illegible Text]

Page 185

pecuniary adventure. And every [Illegible Text] of [Illegible Text] [Illegible Text] which [Illegible Text] or boundless speculation may produce, will, [Illegible Text] [Illegible Text] commercial policy of England [Illegible Text], be sought to be [Illegible Text], by cumulative [Illegible Text] upon foreign commerce. It is [Illegible Text] because one species of industry is directly supported by government, at the expense of other branches of industry. The productious of Southern agriculture, which [Illegible Text] have mainly supplied the exportation of this country, and drawn its [Illegible Text] and [Illegible Text] [Illegible Text] of manufactured [Illegible Text], are almost forced into domestic markets, and [Illegible Text] within one [Illegible Text]. A liberal reciprocity of trade, between our own and foreign nations, being by this means destroyed, the vender of [Illegible Text] products is in effect deprived of a choice of markets, either foreign or [Illegible Text], and [Illegible Text] to vend in the latter. Confined to [Illegible Text], [Illegible Text] [Illegible Text] dependent on the manufacturing consumer, for the [Illegible Text] of his raw materials. The competition of manufacturers cannot sustain their old prices. And the law operates unequally oppressively in thisthat the [Illegible Text] is deprived of the liberty of choosing his market. This liberty, hitherto enjoyed, and which has [Illegible Text] been his security, for fair and [Illegible Text] prices of his productions, by [Illegible Text] foreign and domestic competition, is in effect taken awayFor heavy impositions upon foreign imports, exclude foreigners from market, by destroying the equality of [Illegible Text] advantages. Thus, the [Illegible Text] purchaser controls the market. The adventage heretofore enjoyed, by the agriculturalist, is destroyedhe no longer can control his prices by the power of optional disposition, at [Illegible Text] or abroad, but is controlled by purchasers independent in their [Illegible Text] monopolies. This [Illegible Text] of an [Illegible Text] right of the [Illegible Text], under the free trade intended by the Constitution, is not, and cannot be compensated by the promised, yet [Illegible Text], [Illegible Text], and improbable advantages [Illegible Text] from [Illegible Text] [Illegible Text]. It is [Illegible Text], because it brings prematurely into existence, those [Illegible Text] whose materials are drawn from the [Illegible Text] of the earth, by imposing duties on the articles manufactured abroad, with a view to prohibit their introduction, and [Illegible Text] the manufacture of the same articles at home. The prices of manufactured imports, are [Illegible Text] regulated by law, to effect an object in its nature partial and sectional. This two, is a [Illegible Text] which operates [Illegible Text]. The consumer is deprived of the [Illegible Text] of seeking a supply of his wants, on equal terms, at home or abroad, at his option. The prices of foreign manufactures, and other commodities, are [Illegible Text] [Illegible Text] high, to force the consumer to purchase, what under such restriction can be procured [Illegible Text]; which must be, the domestic manufacture. Here the manufacturer is the favorite of governmentlegislation directly confers upon him [Illegible Text] advantageswhile the [Illegible Text] pays him [Illegible Text], and is in dependence upon him. It might be assuming too [Illegible Text] a ground, to say that the Constitution [Illegible Text] the [Illegible Text] and protection of any object of

Page 186

industrythat it forbids the protection of any manufacture whatever. It is both advisable and patriotic, that all the necessaries and implements of military use, in protecting and defending our rights, and our honor as a nation, should be the product of national industry. To provide for the common defence and general welfare, is a power clearly given to the Congress. The power given is vague, and if taken separate, indefinite, but when taken in connexion with the [Illegible Text] and even jealous imitations of federal powers, and considered in reference to the specified general objects of our confederation, it cannot be deemed to be a power, limitable only by the discretion of a majority of Congress. Does not Congress provide for the common defence and general welfare, in erecting fortifications? Is the general welfare something distinct from, and separable from, the common defence? And if so, what class of objects and measures can be enumerated under it? The power to provide for the general welfare certainly confers not a discretionary power over every object of human legislation. It refers to appropriations of money, for proposed objects, included within the enumerated federal powers. Whether any proposed measure, or regulation, will promote the general welfare, is one question entirely speculative. [Illegible Text] legislative action upon such measure, is within the limit of constitutional competency, or whether its object be constitutionally pursued, is another question. Measures of an experimental character, and of problematical operation, upon the general good, transcend the prudent restraints, and violate the spirit of the Constitution. To guard it from violation, is the proper object of State vigilance: to restore its purity, a proper and legitimate object of their several or united endeavors. The spirit and objects of the Federal Compact, place a virtual constraint upon latitudinary construction and implication. The power is clearly limited by its objects. We object, therefore, to the expansion of federal powers by construction. We deny the right of Congress to restrain the freedom of our commerce, to protect, as it is said, domestic [Illegible Text];and we affirm, that a power wisely given to Congress, is carried to an extent, at once unuecessary, inexpedient, and even abusive. [Illegible Text] The late tariff altering the duties on imports, if the power of the Constitution were strictly adhered to, would be a revenue bill. It is calculated to diminish the revenue. In this, the law is inexpedient and injudicious. But the avowed object of the law is to promote manufactures at home. Under the power therefore to raise a revenue, for specific national purposes, a different object is pursued. In this the power is perverted. If the law be called a regulation of commerce, it is, in like manner, inexpedient and oppressive. If the law in question, upon its face, promised a greater prosperity to our external commerce, which the Constitution intended to preserve and extend by wise regulations, we should deem the power to regulate it, faithfully fulfilled and executed. But on its very face, the features of [Illegible Text] are set forth in full relief. And a short [Illegible Text]

Page 187

has realised the consequences which its provisions indicated. [Illegible Text] the law, in this light, calculated to produce its legitimate object? If experience of the contrary, proves not merely its inefficiency, but its [Illegible Text] operation, policy on the first ground requires; justice, expediency and necessity demand it on the second. If the decline and ruin of our commerce, is the consequence of an attempt to regulate it, the consequence proves the measure to have been injudicious, either in conception or [Illegible Text] Either would be a sufficient ground of repeal. If under the pretext of regulating commerce, or of raising a revenue, the aim is, to effect a collateral and indirect object; if a [Illegible Text] power be used in disguise, to accomplish a purpose, which, if the power and right to accomplish it, existed, could be [Illegible Text] by a direct, overt, and undisguised exercise of the power;then, and in the first case, the legitimate power is abused and perverted; and in the second case, the stratagem resorted to, argues the [Illegible Text] of using improperly, a proper power, and a disregard of the restraints and limitations of the powers of the Constitution. This spirit is censurable, and calculated, to impair the vigour of the [Illegible Text] and vitiate the purity of federal legislation; it leads to the use of unconstitutional powers; it leads to illiberal and sectional legislation; and produces a disregard or oblivion of national interests. While complaining of a law intended solely to promote sectional objects, we will endeavor to avoid an opposition upon sectional interests and feelings. We are aware, that if each state consulted its [Illegible Text] interests alone, the consequences might be particularly disagreeable and injurious to others; so too, if [Illegible Text] section of the Union acted on the same illiberal principle. It might be impracticable in the Federal Government of these states to [Illegible Text] all rights of independent sovereignty to each, and all the particular intersts of an individual state, or section of states, to their fullest extent, and [Illegible Text] provide for the interest and safety of all. To reconcile all to federal legislation, partial and conciliatory compromises of sectional interest must be made Individuals entering into society must give up a share of liberty to preserve the rest. This is the rational and harmonizing spirit, and doctrine of law. It is strongly applicable to these states, confederated for the great purposes of general defence, general benefit, and general harmony. For the advantages and benefits of union, the interest of particular states, or divisions of states, should be in some measure compromised; that a spirit of liberal and fraternal conciliation should regulate all measures intended to advance their [Illegible Text] prosperity. Thus, if it be the interest of the Middle and Western divisions of the Union, to manufacture, their interest should not be promoted by making [Illegible Text] agricultural divisions of the Union tributary to them. The population of the first divisions, which secures to them a numerical predominance in the federal councils, enables them to [Illegible Text] the measures of legislation to their particular benefit. It is true that the political will of the Union, (if a majority of members on the floor of Congress, be considered a fair representative of the will of the Union.) was in the Congress which [Illegible Text] the tariff, clearly in

Page 188

its favor. Are we told that we must submit to the will of the [Illegible Text] We reply, that while we admit the general propriety of [Illegible Text] to that [Illegible Text] does it [Illegible Text] that we are to observe the doctrincs of passive [Illegible Text] and non-resistance? That would preclude the [Illegible Text] right of [Illegible Text] But such sentiments are not the [Illegible Text] growth of freedom and republicanism. Besides the ability to use a power, does [Illegible Text] [Illegible Text] imply the expediency of using it; on the contrary, where the difference between a majority and a [Illegible Text] [Illegible Text] is small; where opinions and feelings on subjects, are almost in [Illegible Text] reason and prudence require that a [Illegible Text] party should use its power with [Illegible Text] and caution. This should especially be the case with the States of this Union. Under our Federal [Illegible Text] Congress is made the depository of certain powers, [Illegible Text] up by the States severally, for general objects; objects which [Illegible Text] [Illegible Text] to the Union, may be called national, in contradistinction to [Illegible Text] objects. [Illegible Text] arising from, and [Illegible Text] by a housand [Illegible Text] and [Illegible Text] of revolutionary [Illegible Text] presided at this [Illegible Text] of compromise and [Illegible Text] It becomes us to recur to this [Illegible Text] to catch from the records and events of those times, the spirit which [Illegible Text] their political agents; to carry this spirit with us into the councils which act upon the interests of the nation. Those who look not back to their [Illegible Text] [Illegible Text] look forward to [Illegible Text] the present [Illegible Text] their conceptions, and the future and the [Illegible Text] are alike [Illegible Text] to them. When the past is thus considered, the wise and judicious will doubt and [Illegible Text] to exercise a power, or [Illegible Text] a measure, [Illegible Text] of the interest of, and therefore, offensive to a large minority of the Union. But to reconcile the Southern divisions of the Union, averse to changing its [Illegible Text] the fruits of which have hitherto been profitably exchanged, for the various commodities of foreign nations; to reconcile New England to the [Illegible Text] of her boundless carrying tradethe former is promised an eager market, and a fair price for the products of their soilthe latter is [Illegible Text] [Illegible Text] employment, in exporting the rich and various manufactures of the United States. These promises proceed upon the following assumptions. 1st. That by [Illegible Text] protection, domestic fabrics, and [Illegible Text] in general, can be supplied at as [Illegible Text] or cheaper rates, [Illegible Text] of qualities as good as they can be brought to us from abroad. 2d. That the domestic consumption will use up all that quantity of our usual exports, which our imposts may hereafter prevent [Illegible Text] from taking. 3d. That the nautical carrier shall experience no inconvenience from the run of the usual carrying trade. That it shall be compensated by a new and equally extensive and profitable trade, in carrying the [Illegible Text] manufactures of America into distant markets. These [Illegible Text] [Illegible Text] upon grounds highly improbable[Illegible Text] [Illegible Text] is [Illegible Text] in substitution for rights.These

Page 189

are the [Illegible Text] used to soothe an indignation, aroused by the rigorous and oppressive exercise of power; a power distorted and perverted. We decline a repetition of the powerful expositions made against the first assumption. The price of a manufactured article is made up of three components1st. The price of the raw material2d. The wages of labor3d. The profits of capital.The powerful expositions which have gone forth to the world, show the futility of the first assumption. The other assumptions are entitled to as much credit as the first. The present Tariff is calculated to diminish our revenue. If the course of policy, [Illegible Text] in [Illegible Text] the imposts on all imports, be fully effectuated; and the domestic manufactures supercede those hitherto importedin which process, our external commerce will be dwindling away, and with it, our revenue, the question arises, what will be the resort, to raise a revenue? Direct taxation. We deprecate the time when this will take place; when the citizens of the different States will be called on to support, by direct taxes, not only their particular State, but also the Federal Government. Patriotism will cheerfully submit to onerous exactions, to sustain the government in exigency and perilBut it will feel with indignation the weight of any imposition, which sectional power, influenced by the illiberality of sectional interests, may impose. It will feel with regret, [Illegible Text] with a proud contempt, a faithless departure from the letter and spirit of a compact, formed with the fondest hope of its perpetuity; and [Illegible Text] until recently, cherished and adhered to with an exalted and [Illegible Text] reverence. Taxation is a power, which to avoid offence requires a delicate use and execution. An indirect, [Illegible Text] and therefore, inoppressive mode, is preferable to any direct taxation. When the tax of an article, or item of property is disguised and concealed by its pricewhich in relation to the [Illegible Text] itself is considered its fair equivalentthe tax is paid, and is not felt. It falls almost insensibly upon the consumer. And mankind in this way, will pay with no [Illegible Text] a sum of taxation, which if demanded of them as a tax, co nomine, and in cash, they would reluctantly hand forth. The payment of two specific taxes, for two specific objects, would be throughout the States disagreeable, and would seem and fuel oppressive; however constitutional and proper it would be [Illegible Text] national necessity. But the [Illegible Text] of a course of policy by the Federal Government, which would render this resort, always necessary for its support, is a course we feel opposed to, and will perseveringly and decisively resist. To this result the tariff policy, with its avowed object, tendsto that as the instrument of effecting it, we will yield a full and steady tribute of opposition.The exports of Southern production, have, and still constitute, the chief mean of exchange for all articles brought from the abounding stores of British industry. The [Illegible Text] intending to promote domestic manufactures by almost prohibiting this exchange, intends to force Southern products into Northern markets. By this, the agricultural and mercantile interests are oppressed. Is not the tendency to restrain and diminish foreign commerce? Does it not abuse and pervert the power, to raise a revenue, as well as the power to regulate commerce?

Page 190

Congress has power to promote the useful artsAmong [Illegible Text] certainly the arts of manufacture and the art of agriculture. How? By forcing the fruits of agricultural industry into one channel, and into one market? By forcing them to contribute to manufactures? And thus in effect giving bounties to manufactures, to stimulate their activity and their enterprise? No: But by securing to the inventors of improvements, in the useful arts, the benefits of their inventions and their discoveries. Household industry supplies the immediate wants of familiestheir food and their raiment. Advancing one step further, an individual for gain, and the convenience of a neighborhood, may manufacture, to supply for equivalent compensation, the wants of a population around. Thus the progress is spontaneous and natural. The progress of their increase and diffusion throughout a country, is alike natural, and proceeds upon the common principles of necessity, convenience, profit, and ability; as these are developed amidst an increasing and improving population, daily and yearly acquiring a thousand artificial and refined wants. Manufactories, which supply the various conveniences and elegancies, which refinement or luxury, either require or crave, will naturally spring up by the enterprise and cupidity of individuals. They will be resorted to as a profitable, or supporting species of labour, by thousands; and will be seen to increase and prosper, according to the amount of the wants and demands of population. The greatest stimulant to the improvement and extension of the useful arts, exists in the power resident in the Federal Government, to appropriate to individual genius and skill, the benefit of its inventions and discoveries. The Federal Convention, sagaciously foreseeing this natural progression of improvements, wisely withheld from Congress, the power to promote them by additional protecting laws. By this power the same rewards are held forth to active and inventive genius, throughout the Union. What further power could have been necessary? Can Congress incorporate a company of manufacturers, in any one of the States? It connotIf a power of protection, other than that specified, to promote the useful arts, was intended to be given by the Constitution, to Congress, why was it not given in some direct, positive, indisputable form? But an express refusal to give such a specific power, is recorded on the journals of the Convention! And the power of granting pstent rights, for inventions and discoveries substituted as more expedient. A power highly remunerative and incapable of oppressing. A tariff for raising a revenue, is constitutional and necessary.Further than this, no object was intended by the power. The legislative power of the several States is the proper power to promote manufactures, by incorporating companies. Such is the common mode of concentrating the wealth of individuals, and rendering it when thus united, competent to do, what individuals could not effect. Such too, are voluntary associations, formed with the hope, or the certainty of particular advantages; and as such, their efforts may be considered as private enterprises. Thus, there exist two proper

Page 191

depositories of powers, capable of producing the same effects, by two different modes. The Federal Power, specified in the Constitution, (Art. 1st. Sec. 8) to promote the useful artsand the State power of incorporating companies, or giving exclusive privileges for any specific objects, promotive of its internal prosperity:for example, manufacturing companies, when circumstances hold forth to a combination of indviiduals, the prospect of profitable exertions. These powers, are too, in strict concurrence. A judicious and necessary tariff may, collaterally, stimulate domestic industryarouse activityand inspirit speculation. Such results may often succeed upon a truly revenue regulation; and the fact of their following proves the regulation to be judicious. But what are we to say of a tariff which prostrates commerce? Which operates so oppressively on the fair and honorable enterprise of merchants, as to produce the same effects as a law, to promote smuggling? We must condemn it as injudiciousAnd when we consider the law to have been enacted to encourage domestic manufactures, we must condemn it as unconstitutional. FurtherIf such a power was intended to reside in Congress, other than that expressly given, why did the Constitution expressly forbid the imposition of duties on exports? Does not the exemption intend, and in fact, promote an absolute freedom of trade? Yet, the present tariff policy, intends by a reverse operation, to defeat the effect of that exemption. England promoted her Woollen Manufactures by inhibiting the exportation of wool. To promote manufactures, she pursued a course the opposite of the American System. Yet the English plan is that, which would directly promote the objects of the American System. This plan cannot be pursuedit is forbid by the Constitution. Yet such, if the Constitution had intended it, would have been the power given, to legislate the country into manufacturing townsProhibiting the exportation of raw materials, would have induced the necessity of manufacturing. Thus the country might have become an inexhaustible supply for the wants of the commercial world. One section of the Union may be destined by its physical circumstances, mainly to pursue manufacturing. If so, the rapid progression of every thing, amidst lively and unfettered enterprise, will early develope that destiny. It will be sustained by circumstances more powerful and permanent than legislation. Amid the rival industry of sister states, absolutely free in their social and commercial intercourse, what is mutually advantageous will be developed with insensible rapiditywhen thus made known interest will lead to their enjoyment. Proceeding thus, a Federal and Domestic Legislation, liable to the natural bias of sectional interest, and therefore to abuse and partial oppression, being abandoned, the geographical delineation and fosterage of particular interests, will produce no heart-burnings among the several divisions of our Union. We, therefore, recommend to our sister States opposed to the recent Tariff law, solemnly to protest to the Senate of the U. States against that [Illegible Text] lawto deprecato the abuse of limited powers,

Page 192

to accomplish ends, capable of accomplishment by legitimato and prescribed means. We recommend a remonstrance to the states in favor of the tariff, advising of its injurious tendency and operation to their sister States opposed to it, and-insisting on the necessity of compromising sectional [Illegible Text] for the general good. We recommend a policy for self-preservation; exhorting each State opposed to the tariff policy, to ward off its effects, by living as far as possible, within itself. We recominend a continued and strenuous exertion to defeat that general [Illegible Text] and unconstitutional policy, contemplated and pursued by the advocates of the tariff. Such means, may restore Federal Legislation to the standard of Constitutional [Illegible Text] Times, occasions, and provocations, teach their proper lessons and expedients. Future measures will be [Illegible Text] by expediency; the nature and tendency of injury will suggest the mode and measure of future resistance. Therefore R esolved, That copies of this Memorial be signed by the President of the Senate, the Speaker of the House of Representatives, and by his Excellency the Governor; and that one be transmitted by his Excellency to each State of the Union opposed to the Tariff Act of the First Session of the twentieth Congress. Approved, December 20, 1828. IN THE HOUSE OF REPRESENTATIVES, November 13, 1828. Whereas, the Treasurer has, through mistake, reported to the Commissioners of the sales of Fractions, No. three hundred and thirty-one in the 4th district of Walton; said number should have been reperted three hundred and fifty-one, which is the proper number, containing forty acres. Be it therefore R esolved, That the treasurer be forthwith requested to [Illegible Text] said mistake and report to the commissioners the proper number 351 in the 4th distric, Walton, containing forty acres, and that the said fraction be sold in the order of 331, as advertised by the commissioners. Approved, November 19, 1828.

Page 193

IN THE HOUSE OF REPRESENTATIVES, November 14, 1828. The Joint Committee on Printing, to whom was referred a resolution of this Branch of the General Assembly, requiring them to contract for the printing of the Laws and Journals of this sessionReport: That in the discharge of the duties assigned them, they notified the several printers in [Illegible Text] place to hand in proposals, stating upon what terms and at what time they could do the printingTwo of them only have done so, viz:Messrs. [Illegible Text] Jones and Camak Ragland, both of which proposals are herewith submitted as a part of this report. The terms of Messrs. Camak Ragland appearing to this committee most advantageous to the State, they unanimously recommend the adoption of the following resolution: Resolved, That this legislature accept the proposals of Messrs. Camak Ragland, who propose to execute the laws and journals of the present session, at seven mills per sheet of eight [Illegible Text] pages, the execution of the work to correspond with the laws and journals of the last session. The laws to be delivered by the first of March, and the journals by the first of April next; the laws to be bound in blue covers. They propose to execute the job printing of the present session upon the same terms as last year, viz: ten cents for one sheet of eight octavo pages, five cents for all over one sheet; half a sheet half these rates; less than half a sheet as a half sheet, for two hundred copies; for all over two hundred copies one cent per sheet of eight octavo pages; figure work double these rates. Approved, November 19, 1828.

Page 194

IN THE HOUSE OF REPRESENTATIVES, November 14, 1828. Resolved by the Senate and House of R epresentatives of the State of Georgia in G eneral Assembly met, That the Commissioners heretofore appointed to superinted the improvement of the navigation of the Chattahoochie river above the Coweta Falls be, and they or a majority of them, are hereby required to report to the present, and annually to each succeeding legislature, of all disbursements made by them of the funds appropriated for that purpose, in what manner disbursed, and the nature and extent of the improvements made by them on said river. Approved, November 19, 1828. IN THE HOUSE OF REPRESENTATIVES, November 14, 1828. R esolved, That the Treasurer be, and is hereby authorised to refund to William Watkins, formerly tax collector of Wilkes county, twelve dollars and fifty cents, the amount overpaid by him for the year eighteen hundred and twenty-six, it being allowed him by the Grand Jury on his insolvent list for that year, being the balance on execution against John O'Mera. Approved, November 19, 1828. IN THE HOUSE OF REPRESENTATIVES, November 14, 1828. R esolved, That George B. Whitfield, J. D. Kaigler, and John Matthis, be and they are hereby appointed Commissioners to examine

Page 195

Flint river from the Old Agency in Crawford county to Travellers Rest in Dooly county; and that John Young, Walker L. Campbell, and Samuel Williams be, and they are hereby appointed commissioners to examine said river from Traveller's Rest to Fort Early; and that Gabriel Parker, J. B. Coleman, J. Richardson, and William Posey be, and they are hereby appointed commissioners to examine said river from Fort Early to Smith's in Baker county; and that David Waters, [Illegible Text] Hutchings, Eason Tyson, L. Griffin, and J. Brown be, and they are hereby appointed commissioners to examine said river from Samith's to its junction with the [Illegible Text] Be it further Resolved, That if in the opinion of said commissioners the said river can be made navigable, they shall report to the next legislature, the nature of the obstructions which at present exist to the navigation of said river, where they are, if they be shoal or other important obstructions, and what probable expense would be incurred by the removal of them. And it is further Resolved, That upon the refusal or failure of any of the above named persons to serve, or commence their operations in time to make a report to the next legislature, the Justices of the Inferior court of the county where such person or persons refusing or failing to serve may reside, shall fill the vacancy [Illegible Text] by such refusal or failure. And be it further Resolved, That any two of the commissioners may proceed in the examination of that part of the river assigned them, if it be impracticable for the others to attend. Approved, December 20, 1828. IN THE HOUSE OF REPRESENTATIVES, November 21, 1828. The Committee to whom was referred the memorial of Luke J. Morgan, have had the same under consideration, and are of the opinion that the prayer of the memorialist [Illegible Text] reasonable and ought to be granted; and therefore recommend the following [Illegible Text] Resolved, That his Excellency the Govern or do cause the Sheriff of Bibb county to desist from any further proceedings on the execution in his bands, where the State is plaintiff against John A. [Illegible Text]

Page 196

principal, and Isaiah Favors and Luke J. Morgan securities, against said Luke J. Morgan, until further ordered by the legislature to proceed; and that his Excellency the Governor cause the execution founded on the mortgage, to be levied on fractions Nos. two hundred and eighty-five and two hundred and ninety-two, lying in originally Baldwin but now Putnam county, the money arising therefrom applied to the extinguishment of the above fi fa, it being founded upon a judgment obtained in consideration of the debt due for said fractions, and the same consideration for which said [Illegible Text] was given. And be it further Resolved, That all the resolutions heretofore passed in relation to said fi fa and mortgage, or either of them, be and they are hereby repealed. Approved, December 8, 1828. IN THE HOUSE OF REPRESENTATIVES, November 22, 1828. The committee to whom the petition of Warren Jourdan was referred, have duly considered the same, and are of opinion that his claims are reasonable and just, and ought to be allowed. They therefore beg leave to report the following report: Resolved, That his Excellency the Governor be, and he is hereby authorised and required to [Illegible Text] as credits upon the bond of the said Warren Jourdan, or cause the ame to be done, the sum of sixty-eight dollars [Illegible Text] and eight y-eight [Illegible Text] and the sum of seventy four [Illegible Text] eighty-one and a quarter cents, with interest on the first [Illegible Text] [Illegible Text], from the eighte th February, eighteen hundred and [Illegible Text], and on [Illegible Text] last [Illegible Text] from the second May, [Illegible Text] hundred and [Illegible Text] eight. Approved, December 11 1828.

Page 197

HOUSE OF REPRESENTATIVES, Nov. 22, 1828. The Committee to whom was referred the petition of Elijah [Illegible Text] and Theodorick Muntfort, have had the same under [Illegible Text] and are of the opinion that the prayer of the petitioners is reasonableThey therefore present the following resolution: R esolved, That the Comptroller-General deliver to Elijah Tarver his note, given to the State, for one hundred and fifty dollars, for the rent of a bridge, on a creek called Little Lightwood, in Muscogee county: And that he also deliver to the said Theodorick Montfort, his note for one hundred dollars, given to the State for the rent of a bridge over a creek called Patsaliga, in Monroe countyWhich said notes were taken by Mansfield Torrance, as the States agent. And be it further resolved, That the relief granted by the above resolution to Elijah Tarver and Theodorick Montfort, be extended to Chs. Ingram: And that the comptroller general be directed to deliver to said Ingram his note for one hundred and fifty-four dollars, given to Mansfield Torrance, as State's agent, for the rent of a bridge across Ten Mile creek. Approved Dec. 20, 1828. HOUSE OF REPRESENTATIVES, November 28, 1828. The Committee to whom was referred the petition of Evan Lewis, administrator of Isaac Lewis, late tax collector of Burke county, beg leave to offer the following REPORT: That it appears from the documents before them, that Isaac Lewis the tax-collector for the year 1827, departed this life in the month of June last; and that the administrator on his estate, has paid into the Treasury one thousand dollars of the tax collected by said Isaac Lewis, the whole not having been collected; and that he is at this time unable to pay the balance, according to law, in consequence of the law regulating his conduct as administrator: And whereas, it appears that said estate is very solvert, and that the securities of said tax collector are amply good and responsible; and it being just and

Page 198

right that the death of a public officer should not occasion an injury, either to his estate, or his securities, especially when the State will loose nothing by indulgence: Be it therefore resolved, That Evans Lewis, administrator of Isaac Lewis, late tax collector of Burke county, and his securities, be indulged until the first Monday in November next, to pay the balance into the Treasury; and that on their paying the principal and interest then due, they shall be secured from any of the penalties inflicted by law for failing to pay the amount collected, as tax collector, into the Treasury, by the time prescribed. Approved Dec. 2, 1828. HOUSE OF REPRESENTATIVES, December 1, 1828. The Committee on Finance, to whom was referred the petition of John Hopkins, tax-collector for Madison county, beg leave to REPORT: That they have carefully examined the receivers books, of Madison county, deposited in the Comptroller's Office, for the years 1826 [Illegible Text] 1827, and find that the collector has paid for the year 1826, one hundred and twenty-one dollars and twenty-one cents too muchThey therefore recommend the following resolution: R esolved, That the Comptroller be authorised, and he is hereby required to credit John Hopkins, tax collector for Madison county, for the year 1827, with the sum of sixty dollars and sixty and a half cents, that being the amount over paid the State for the year 1826; and the further sum of three dollars and thirty-four and a half cents, it being one half the amount of M. T. Wilhites tax for the year 1826, who paid tax in Jackson county for that year. Approved Dec. 5, 1828.

Page 199

HOUSE OF REPRESENTATIVES, December 1, 1828. R esolved, That both branches of the Legislature will convene in the Representative Chamber, at the hour of 11 o'clock, A. M. for the purpose of choosing an elector of President and Vice Presiden in the place of John Moore, Esq. resigned. And also for the election of a compiler of laws, agreeable to the Constitution and laws of this State And a Brigadier General of the 2d Brigade of the 9th Division Approved Dec. 1, 1828. HOUSE OF REPRESENTATIVES, December 5, 1828. R esolved, That the Inspectors of the Penitentiary be required to deliver, after the fifteenth day of January next, to the collecting Clerk of the Institution, all notes, accounts, and demands, which became due to said Institution previous to, and at the end of, the political year 1828, and which do not exceed the sum of thirty dollars each; and that the said Inspectors be required to deliver immediately to the Attorney of the Institution, all notes, accounts, and demands which became due as aforesaid, and which are of a doubtful nature, as well as those which have been due for the term of twelve months or upwards, and which exceed the sum of thirty dollars; and that the said collecting Clerk and Attorney be instructed by the Inspectors, to proceed without delay, to liquidate and collect, by suit, or otherwise, all demands due to the said institution. Approved Dec. 20, 1828.

Page 200

HOUSE OF REPRESENTATIVES, December 6, 1828. The Select Committee to whom was referred the petition of [Illegible Text] Holt, beg leave to REPORT That they have had said petition under consideration, and are of opinion that the prayer of the petitioner is reasonable and just, and ought to be grantedThey therefore recommend the passage of the following resolution: Whereas, it appears that in the land lottery, drawn in the year 1818, fraction No. 167, in the 9th district of Hall county, was drawn by William Arnold, to whom a grant for the same from the State was issued, and the said William Arnold afterwards conveyed the same to Simon Holt for a bona fide considerationAnd whereas, it further appears from the certificate of the Treasurer of this State, the said fraction No. 167, containing 247 1-10 acres, in the ninth district of Hall, was sold to John Boyl, of Jackson county, at the sales of fractional surveys on the 22d of August, 1821, for the sum of $124thereby depriving the said Simon Holt of the benefit of said fraction: Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the sum of one hundred and twenty-four dollars be, and the same is hereby appropriated to the said Simon Holt, as a remuneration for said fraction No. 167, in the 9th district of Hall county, to be paid out of any money in the Treasury, not otherwise specially appropriated; and that the same be inserted in the appropriation act of this session. Approved Dec. 20, 1828. HOUSE OF REPRESENTATIVES, December 6, 1828. The Committee to whom was referred the petition of M. B. Lamar, editor of [Illegible Text] Columbus EnquirerREPORT: That they have had the subject referred to them, under consideration, and believing that the public interest has been promoted by the

Page 201

publication of the Fraction Sales in the Columbus paper; and also believing that if that paper had been in existence when the law directing the sales was passed, the Legislature would have directed the publication to be made there also, as most of the land lay in the section of country in which that paper circulates: Resolved therefore, For these reasons, that the Editor of the Columbus Enquirer be allowed for the publication of the present land sales, the same compensation that may be allowed to other newspapers for the like services in the upper part of the State. Approved Dec. 11, 1828. HOUSE OF REPRESENTATIVES, December 6, 1828. The Committee to whom was referred the petition of William Aaron, have had the same under consideration, and beg leave to Report That the fact stated in the petition, to-wit. that your petitioner drew fractional lot number 321, in the first district of Walton county, containing fifty acres is true, as appears of record, in the Surveyor-General's office. It follows, therefore, that the Governor committed an error in causing said number to be put in the wheel to be drawn forThe consequence of which has been to exclude your petitioner from any participation in the land lottery of 1821, as well as any benefits that might have accrued to him in the recent land lottery, as a revolutionary soldier. It also appears of record in the treasurer's office, that said fractional lot was sold by the fraction-selling commissioners on the 8th day of August, 1821, for the sum of one hundred dollars. From the feregoing facts your committee are of opinion that the prayer of the petitioner is reasonable and ought to be grantedAnd would therefore recommend the following resolution: Resolved, That the sum of one hundred dollars be, and the same is hereby allowed to William Aaron, and that the same be inserted in the appropriation act. Approved Dec. 20, 1828.

Page 202

IN THE HOUSE OF REPRESENTATIVES, December 6, 1828. R esolved, That Thomas Spalding, Esq. be and he is hereby appointed a Commissioner of the river Alatomaha, in place of James H. [Illegible Text], esq. resigned. Approved Dec. 17, 1828. IN THE HOUSE OF REPRESENTATIVES, December 10, 1828. From a painful conviction, that a manifestation of the public sentiment, in the most imposing and impressive form, is called for by the present agitated state of the Southern section of the Union: The General Assembly of the State of Georgia have deemed it their duty to adopt the novel expedient of addressing, in the name of the State, the Senate of the United States. In her sovereign character, the State of Georgia protests against the Act of the last session of Congress, entitled an Act in alteration of the several Acts imposing duties on imports, as deceptive in its title, [Illegible Text] in its pretexts, oppressive in its exactions, partial and unjust in its operations, unconstitutional in its well known objects, [Illegible Text] to [Illegible Text] and agriculture,to secure a hateful monopoly to a combination of importunate Manufacturers. Demanding the repeal of an act, which has already disturbed the Union, [Illegible Text] the public tranquility, weakened the confidence of whole States in the Federal Government, and diminished the affection of large masses of the People of the Union itself,and the abandonment of the degrading system which considers the people as incapable of wisely directing their own enterprisewhich sets up the servants of the people, in Congress, as the exclusive judges of what pursuits are most advantageous and suitable for those, by whom they were elected; the State of Georgia expects, that, [Illegible Text] [Illegible Text] testimony thereof, this deliberate and solemn expression of [Illegible Text] opinions, will be carefully preserved among the [Illegible Text] of the Senate, in justification of her character to the present generation and to posterity; if, unfortunately, Congress, disregarding

Page 203

this protest, and continuing to pervert powers granted for clearly defined and well understood purposes, to effectuate objects never intended, by the great parties, by whom the Constitution was framed, to be entrusted to the controlling guardianship of the Federal Government, should render necessary, measures of decisive character, for the protection of the people of the State, and the vindication of the Constitution of the United States. R esolved by the Senate and House of R epresentatives of the State of Georgia in General Assembly met, That the foregoing protest be signed by the President of the Senate, by the Speaker of the House of Representatives, and by his Excellency the Governor; and after having the Great Seal of the State affixed to it, be transmitted by the Governor, to the Senate of the United States. Approved, Dec. 20, 1818. IN THE HOUSE OF REPRESENTATIVES, December 11, 1828. The committee to whom was referred the communication from his Excellency the Governor, on the subject of the unexpended balance of money appropriated for the improvement of the navigation of Brier creek, beg leave to report. That appropriations to the amount of eight thousand dollars were made for the purpose of rendering the said creek navigable; certain commissioners were appointed to superintend that work, who drew from the Treasury, the sum above mentioned. It appears that these Commissioners appointed; Peter Lequieux, their Treasurer, who gave at several times, two bonds conditioned for the faithful discharge of his duties as treasurer. That after paying out all the money ordered by the commissioners, there remained [Illegible Text] his hand, an unexpended balance of two thousand four hundred [Illegible Text] thirty five dollars and twelve cents; the said Peter Lequicux, has since departed this life, and the representatives of his estate, have paid into the Treasury of the State, the sum of twelve hundred and thirty five dollars, leaving a balance still due, of twelve hundred dollars and twelve cents. Your committee on examining the condition of the two bonds, find that Peter Lequieux, was bound to pay out the moneys in his hands to the order of the commissioners only; this doubtless [Illegible Text] the belief, that a payment to the newly appointed [Illegible Text] who formed a board separate and distinct, from those [Illegible Text]

Page 204

were originally appointed, and to whom the said Treasurer was by his bond rendered accountable, would not be a compliance with the condition of his bond; further it does not appear by any evidence before your committee, at what time the late Governor's draft was presented to the said Lequieux, or to his representatives; for these, reasons, your committee are of opinion, that interest ought not to be required from the estate of the said Lequieux. They therefore recommend the adoption of the following resolution. R esolved, That the legal representatives of Peter Lequieux, late Treasurer to the board of commissioners, for improving the navigation of Brier creek, or his securities be, and they are hereby required to pay into the Treasury of the State, before the first day of November next, the sum of twelve hundred dollars, and twelve cents, being the [Illegible Text] balance of the fund appropriated for the improvement of the navigation of Brier creek; and that his Excellency the Governor, be authorised on such payment being made, to cancel the bonds of the said Treasurer; and in case of failure, to adopt such measures as will compel the payment of the said balance. R esolved, That the said sum of money when paid in, shall make a part of the funds of the State, and not be considered as specially appropriated to the purpose of improving the navigation of [Illegible Text] creek. Approved, Dec. 20, 1828. IN THE HOUSE OF REPRESENTATIVES, December 13, 1828. The committee to whom was referred, the petition of [Illegible Text] F. Harris, Esq. late Solicitor-General, of the Flint circuit, have had the same under consideration, and are of the opinion, that the prayer of the petitioner is reasonable and just, and ought to be granted. They therefore offer the following resolution. R esolved by the Senate and House of R epresentatives of the State of Georgia, in General Assembly met, That the sum of three hundred and forty dollars, nineteen cents be allowed to the said [Illegible Text] [Illegible Text]. Harris, as a compensation for his services in collecting and paying the Treasurer for the State, the sum of one thousand seven hundred and sixty-five dollars, and twenty-eight cents, and in prosecuting to judgment, debts due the State, amounting to seven

Page 205

thousand, eight hundred and three dollars, seventeen cents, and other professional services, rendered in the trial of cases, [Illegible Text] the State was a party, and that the same be inserted in the bill appropriating monies, for the political year, of eighteen hundred and twenty-nine. Approved, Dec. 20, 1828. IN THE HOUSE OF REPRESENTATIVES, December 13, 1828. The committee to whom was referred the memorial and petition of Frederick Williams (a surveyor of the late acquired territory) have had the same under their attentive consideration, and have believed the prayer of the petitioner, to be reasonable, and that it ought to be granted. They would therefore respectfully recommend the adoption of the following resolution. R esolved, That the sum of one hundred dollars is hereby appropriated to Frederick Williams, to indemnify him for losses sustained in the actual engagement and survey of the sixteenth district, of Carrol county, and that the same be placed in the appropriation law, for the present year. Approved Dec. 20, 1828.

Page 206

IN THE HOUSE OF REPRESENTATIVES, December 13, 1828. Whereas, from the communication of his Excellency the Governor in reply to a resolution of the House of Representatives, requesting information as to the amount of money received from time to time, and now due the commissioners of the poor school fund for the county of Habersham, it appears that by reference to the census returns of Habersham county in eighteen hundred and twenty-four, the aggregate number of white population of the three battalions in that county, amounted to five thousand nine hundred and thirty-five, and that had the calculation for the distribution of the poor school fund been made for that number instead of three thousand nine hundred and thirty-five, that county would have been entitled to receive three hundred and forty-eight dollars eighty-two cents more than it has received for the distribution made in eighteen hundred and twenty-four and eighteen hundred and twenty-five, and one hundred and seventy-one dollars forty-nine cents, more than is apportioned to it for the distribution made on the first [Illegible Text] of January, eighteen hundred and twenty-seven, making together a difference of five hundred and twenty dollars thirty-one cents against the county, which has been distributed among other counties. For [Illegible Text] whereof Be it Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the sum of five hundred and twenty dollars and thirty-one cents be, and the same is hereby [Illegible Text] to the Trustees of the Poor Schools in the county of [Illegible Text] being the amount due said county, and [Illegible Text] from the distributions of the funds set apart for the education of poor, on account of a mistake in the computation of the population in said county, and that the same be inserted in the appropriation act of this session, subject to the order of said trustees, or a majority of them, to be by them appropriated as by law required. Approved, December 20, 1828.

Page 207

IN THE HOUSE OF REPRESENTATIVES, December 13, 1828. The Committee to whom was referred the petition of Carlton Wellborn, have had the same under consideration, and are of the opinion that the prayer of the petitioner is reasonable, and ought to be granted. They therefore offer the following resolution: R esolved, That the sum of three hundred and fifty dollars for the plan of the new territory west of Flint river, be allowed the said Carlton Wellborn, and that the same be inserted in the bill appropriating monies for the year 1829. Approved, December 20, 1828. IN THE HOUSE OF REPRESENTATIVES, December 13, 1828. R esolved, That the Senate and House of Representatives, will convene in the Representative Chamber on Thursday next, at three o'clock P. M. for the purpose of electing four Directors of the State Bank, two Directors of the Planter's Bank, and five Directors of the Darien Bank; also a Judge of the Superior Court of the [Illegible Text] [Illegible Text] in place of Judge Shorter resigned. Approved, December 17, 1828. IN THE HOUSE OF REPRESENTATIVES, December 13, 1828. The Committee to whom was referred the petition of Wright [Illegible Text] late Sheriff of Wilkinson county, have had the same under

Page 208

their consideration, and believe from the facts disclosed, that the prayer of the petitioner is reasonable and ought to be granted.They therefore recommend the adoption of the following resolution: Resolved, That a resolution passed during the last legislature, and approved on the 24th day of December, 1827, in favor of Isaac Hall late tax collector of Wilkinson county, be and the same is hereby repealed, so far as it goes to implicate the conduct of Wright [Illegible Text] late sheriff of Wilkinson county. Approved, December 20, 1828. IN THE HOUSE OF REPRESENTATIVES, December 15, 1828. The Committee to whom was referred the resolution directing them to enquire, whether the Cherokees are now in possession of any land formerly the property of the Creeks, and ceded by them to the United States for the use of Georgia, have had the same under consideration, and beg leave to report: That by an examination of the Treaty held and concluded on the twenty-second March, eighteen hundred and eighteen, between the United States and the Creek tribe of Indians, it is [Illegible Text] that said tribe ceded to the whites a certain tract of country lying within certain [Illegible Text] designated by said treaty, the northern part of which was a line running from Suwanne Old Town, on the [Illegible Text] to the head of the Appalache river. By reference to the treaty of eighth July, eighteen hundred and seventeen, between the Cherokees and the General Government, it is also ascertained, that said tribe ceded by said treaty, a portion of their lands lying north of said line and east of the Chattahoochie; from which it would clearly appear, that as late as eighteen hundred and eighteen, the Suwanne Old Town on the Chattahoochie, was the point on said river to which the boundaries of the Creeks and Cherokees extendedthe one having ceded lands north and the other south of that point. By reference to the other treaties with said tribes, entered into by the United States, it appears that the mouth of Wills' creek on the Coosa river, was the established point of boundary between said

Page 209

[Illegible Text] on that river. The most rational conclusion from these facts is that the established boundary between said tribes west of the Chattahoochie, was a line connecting the two points above designated, viz: the Suwanne Old Town on the Chattahoochie, and the mouth of Wills' creek on the Coosa river. In confirmation of this conclusion, your committee have received information from General D. B. Mitchell, former Creek Agent, that a boundary had been established between said tribes, running from Suwanne Old Town as aforesaid, immediately across to the Hightower river at a place called Sixes' Old Town; thence down said river to the mouth of Wills' creekthat such boundary was agreed upon and established between said tribes, by a convention or treaty held many years ago, to which the United States was a party, and which was [Illegible Text] and recognised by the General Government as the permanent boundary line between said tribes, your committee are confident, from all the information which they have received, that the fact is susceptible of proof; not only from the report made to the General Government by Col. Hawkins, formerly Indian Agent, but by the testimony of living witnesses, that such was the established boundary of said tribes, between said rivers Coosa and Chattahoochie, and the only one ever recognised and ratified by the Government of the United States. Your committee are aware of the fact, that by a subsequent agreement or convention between said tribes in eighteen hundred and twenty-one, another and a different boundary was attempted to be established, running from the Buzzard Roost on the Chattahoochie in a straight line to the mouth of Wills' creek. But this line was agreed upon and run by the Indians themselves, without the assent or authority of the General GovernmentThe United States was no party to such agreement, nor have your committee understood that it has been recognised or ratified by the General Governmentit is therefore void. The Creek tribe had no right, according to the Constitution of the United States and the laws of Congress, to cede any portion of its territory to the Cherokees, by any agreement, reaty or negotiation, to which the United States was not a party.The convention of eighteen hundred and twenty-one, between said tribes, being thus clearly and unquestionably null and void, the whole of the territory lying south of the long established and permanent boundary between said tribes first above described, and east of the Alabama line, is now the rightful property of Georgia; for by the treaty of fifteenth November, eighteen hundred and twenty-seven, made by the Creeks with the United States, all the lands owned or claimed by the Creek Nation of Indians, not theretofore ceded, and which on actual survey should be found to be within the chartered limits of Georgia, were ceded to the United States for the use of Georgia. It is a fact admitted on all hands, and well ascertained, that the territory thus described, does lie within the chartered limits of Georgia. Under these considerations, and with these views, your committee beg leave to offer the following resolutions:

Page 210

R esolved, That his Excellency the Governor be authorised and requested, to adopt the most efficient means to procure all the information and evidence in his power, in relation to the true boundary line between the said tribes of Indians. R esolved, That should the fact be sufficiently established in his opinion, that the proper line between said tribes, at the time of cession by the treaty with the Creeks, of November eighteen hundred and twenty-seven, was the one first above described, beginning at Suwanne Old Town as aforesaid, running to the Hightower river, and thence to the mouth of Will's [Illegible Text] on the Coosa, that he be instructed to take immediate and efficient measures to have said line distinetly run and marked, in such manner he may deem most adviseable. R esolved, That so soon as said [Illegible Text] shall be run and marked, that his Excellency the Governor be instruced [Illegible Text] the President of the United States, to have removed immediately, all and every Indian, whether Creek or Cherokee, who may be found residing within the territory aforesaid. Approved, December 20, 1828. IN THE HOUSE OF REPRESENTATIVES, December 16, 1828. The Committee to whom was referred a resolution from the House of Representatives, requiring them to enquire into the propriety of granting them a further stay of the proceedings on a judgment in favor of the State against Fleming F. Adrian and his securities, have had the same under consideration, and find that by a resolution of the last legislature, the said judgment was suspended for and during the term of twelve months, after the expiration of whichtime, your committee offer the following resolution: R esolved, That the Comptroller General, direct the Solicitor General of the Western Circuit, to proceed in the collection of an execution in favor of the State, against Fleming F. Adrian and his securitie [Illegible Text] Approved, December 20, 1828.

Page 211

IN THE HOUSE OF REPRESENTATIVES, December 16, 1828. The Joint Committee on the State of the Republic, to whom was referred that part of the Governor's communication, which relates to the dividing line between Georgia and the Territory of Florida, have had the same under consideration, together with the accompanying documentand after an attentive examination of the subject REPORT: That the Executive conformably to a resolution of the last session caused the report then made, to be land before [Illegible Text] and in further compliance with the request of the legislature, opened a correspondence with the President of the United States, in which the claims of Georgia to her legitimate and constitutional boundary were zealously and ably asserted. The report made to the Senate of the United States, by the judiciary committee, recommended the postponement of the subject, [Illegible Text] the ensuing session. That to the House of Representives was drawn to [Illegible Text] more definite [Illegible Text] by resolving as the opinion of the committee that in runing the boundary line between Georgia and Florida, the point designated by the commissioners under the third article of the treaty of 1795, between the United States and Spain, [Illegible Text] to be the [Illegible Text] of the line from the junction of the Chattahoochee and Flint rivers. This report was not acted upon: the subject consequently is yet to be discussed and decided. Your committee reposing full confidence in the General Government, and deeply sensible of the inviolability of Georgia's claim, cannot but express their [Illegible Text] [Illegible Text] that the committee should upon the evidence before it, have [Illegible Text] to recommend the repeal of the act of Congress of eighteen hundred and twenty-six, or such a modification of it as would have enabled the President to empower Commissioners, in conjunction with this government, to run and mark the [Illegible Text] agreeable to the rights of the parties. And still more are they [Illegible Text] that reasons should have been sought after, and [Illegible Text] employed, on which no just inference against our claim [Illegible Text] be sustained. The whole argument used by the committee charged with this matter has for its foundation, and arises out of the [Illegible Text] Mr. Ellicot and the Spanish Commissioner, in designating the North branch as the true source of the [Illegible Text] Marys. This mistake is the key-stone of the whole [Illegible Text] it is from this that they say the North prong was called St. Marys, and ought to be so considered; it is this that led them into the error of declaring that the commissioners of the two governments were appointed to settle and decide a contested question of boundary, and because this mistake was not detected before the line was about to be run, the [Illegible Text] of Georgia is presumed and urged as an argument against her claim. It is a fact admitted by all parties, and which forms the very essence of this controversy, that the line between the Chattahoochee and Flint rivers, and the head of St. Marys river, was neither traced [Illegible Text] marked by the commissioners appointed under third article of the treaty with Spain. From that article they derived their powers, and by a reference to [Illegible Text] it will appear that they were not [Illegible Text] but merely ministeral agents acting under orders, to run

Page 212

and mark the line according to the stipulations of the second article of the treaty, which is in the following wordsThe Southern boundary of the United States, which divides their territory from the Spanish Colonies of East and West Florida, shall be designated by a line beginning on the river Mississippi, at the northernmost part of the thirty-first degree of latitude North of the equator, which from thence shall be drawn East to the middle of the river Apalachicola or Chattahoochee; thence along the middle thereof to its junction with the Flint; thence straight to the head of St. Marys river, and thence down the middle thereof to the Atlantic Ocean. From the Mississippi to the Chattahoochee they executed their commission according to the stipulations of the treaty. The remaining part of the duty assigned them, they neglected to perform; and whatever agreement they may have made by virtue of the powers invested in the third article, cannot be reasonably insisted upon as authority for varying the true line: as the article in its most enlarged construction does not extend so far as to justify the running of the line in any other direction, or from and to any other points, than those designated in the second article. The point of departure and the terminating point are both fixed by the second article, and it is provided in the third, specially, that the commissioners should run mark from and to those points. The points referred to are, from the junction of the Chatahoochee and Flint rivers, [Illegible Text] the head of the St. Marys river; and not to mound A or mound B, or to any other indefinite place to be fixed upon at the commissioners discretion. As the proceedings of those Commissioners, present the only difficulty, your committee [Illegible Text] leave cite the whole article under which they acted, to wit; In order to carry the [Illegible Text] article into effect, one commissioner and one surveyor shall be appointed by each of the contracting parties, who shall meet at the Natches, on the left side of the river Mississippi, before the expiration of six months from the ratification of this convention; and they shall proceed to run and mark this boundary according to the stipulations of said article; they shall make plats, and keep journals of the proceedings, which shall be considered as part of this convention, and shall have the same force as if they were inserted therein. It is [Illegible Text] to presume that the [Illegible Text] committee did not examine minutely the provisions of this article, or they would not have exposed their judgment to impeachment by asserting that the commissioners of the two governments were appointed to settle and decide a contested question of boundary. There is no discretion conferred in this article. If their plats and journals were to have the same force as the convention, they were nevertheless obliged to be in [Illegible Text] with its stipulation. If, therefore, Mr. Elicott agreed, as is insisted upon, that one mile north of mound B. should be as far south as the line when run should approach, it is very palpable that he exceeded his authority, even though he may have made a plat of mound B and journalised the agreement, He was not sent there to make an agreement defining a point to which the line should be run at some future time; but to

Page 213

run and mark the line between points already described. If permitted to vary the stipulation of the treaty, he could with as much propriety and equal justice, have fixed upon a point fifty miles further in the interior of Georgia. The question is, did the Spanish and American commissioners run and mark the line from the junction of the Chattahoochee and Flint rivers to the head of the St. Marys river, as they were directed to do? No: they ran no line at all between those points! What did they do? They agreed that the line should be run at some future time, and by some other persons, to a certain other point different from that fixed by the treaty!!! The committee who have claimed this extraordinary power for the commissioners, place themselves in an inextricable dilemma, as they not only consider themselves authorised to overturn the treaty they were appointed to [Illegible Text] into effect; but likewise, assume for them the right to bargain away the soil and sovereignty of a sovereign State, who could not under her obligations to the Union, interfere in settling the boundaries of the United States, though on that line of it she was more immediately concerned than all her sister states together. So far from those commissioners being justified in the exercise of the power which they arrogated, your committee, next to the loss of the liberties of their [Illegible Text] State, would regret to see the time, when the government of the United States should become so forgetful of the limitations of her prerogatives, as to assume the power of ratifying a treaty with any foreign nation, by which the least portion of the soil of a state should be taken from her without her consent. The United States is bound by the Constitution to protect us from invasion. Upon the supposition then, that the line had been run and marked agreeable to the report of the Spanish commissioners, and had been sanctioned by the government, by a ratification of the [Illegible Text] it would have imposed upon her the disagreeable alternative of breaking the treaty with Spain, or, abandoning her obligations to the confederacy. If Florida were yet a Spanish Province, Georgia would have a right to require the United States to perform her sacred engagements, by driving from our soil the Spaniard who invaded it. To provide for the common defence, is one of the principal objects of our political association; and could the United States humiliate themselves upon our application to have our soil and our sovereignty restored to us, by plending that they had ceded it to Spain, and therefore could not interfere? Such disregard of her obligations would be productive of the worst of consequences, as it would destroy all confidence in the protection of the Constitution. It is not expected, now that the Federal Government is the proprietor of Florida, that it can be unmindful of the declaration in the Constitution, that no new state shall be formed or erected within the jurisdiction of any states, or parts of states, without the consent of the legislatures of the state concerned. Has the legislature of Georgia ever given her assent in any manner, that, that portion of the state should be detached and set apart to assist in [Illegible Text] formation of another State? The forgoing allusion to the obligations of the General Government to the States, we have thought it

Page 214

advisable to make, because it does not appear from the report made to the House of Representatives, that the ommittee themselves consider Ellicott's moand to be the head of St. Marys, but they say it `ought to be so considered, because Elicott and the Spanish commissioner agreed that it should be so, and that the Georgia commisers in 1818, [Illegible Text] in the designation; from which [Illegible Text] it had the reputation of being the head of St. Marys; and because of that reputation, it should be considered the true bead or source of the St. Marys. This though not precisely their language, is the amount of their argument. Your committee conceiving that they have most conclusively proven that the American and Spanish commissioners to have acted extraofficically in making mounds and agreements not provided for by the treaty, any reputation of names inferred from those acts, is too vague to require serious examination. In regard to the acquiescence of Georgia the facts cited in the report to Congress, prove that the authorities of the State were deceived. If Georgia had considered the act of the United States and Spain as decisive and final, she would not have deputed commissioners to have made an examination. The very deputation shows that she conceived, as must be admitted, that she had a right to be heard in settling her own boundary. She did not though send those commissioners to make a final settlement of her boundary. She could only confer such power when the United States was ready to join her in the commission. They were sent merely upon an exploring tour, for the satisfaction of the State, on a disputed point. The United States were under no obligation to abide by the opinion formed. How then can the United States upon any principle of reciprocity contend that Georgia should be forstalled by an opinion as to an isolated fact, to which they held themselves free to agree or [Illegible Text] The [Illegible Text] of Georgia in the extent to which it has been given, only proves that she was then, as she is now, and ever will be, while she respects the right of others as she does her own, willing to be governed in the running of that line by the true [Illegible Text] She desired then no more than she believed to be her right; and from the evidence then in her possession, she supposed the point fixid upon by Ellicott, was the true point. She contends now for no more than later developments incontestibly prove to be her own. Your committee feel authorised by the facts, to deny that Georgia has ever acquiesced so far as to agree that the line should be run to Ellicott's mound; there has been no definite act of the State by which the matter has been settled, or considered settled, by either party. It is true her commissioners believed that the mound was at the source of the river, upon whose information the Governor's opinion was then predicated, all of which was mainly [Illegible Text] to the confidence reposed in the previous examinations of Mr. Ellicott. They were not, however, associated with commissioners of the United States to settle the boundary; they were [Illegible Text] merely exparte in the search of information, whose [Illegible Text] of correct, would not have bound the United States, and if [Illegible Text] cannot hind Georgia: neither this [Illegible Text] any other act coucludes

Page 215

either party, because the parties never have acted in conjunction, consequenutly the true head of the St. Marys has always been debatable, and from the limited information as to the topography of the country, it was obliged to remain so, until commmissioners were duly appointed by the parties to run and mark the line. The argument of the committee, that the North prong was called the St. Marys, and therefore intended in the several state papers above recited, to which they attach the greatest importance, is based upon the same mistake of their own agent; for from the evidence adduced by them, it appears that Ellicott was the first who gave it the name of St. Marys, in exclusion of the other branches; and by an assumption of their own, they deprive the Southern branch of a participation in the rights of a name. This argument cannot avail even upon the principle which they were forced to admit in their illustration, until a name for the South prong, different from St. Marys shall have been established, and that too known to the, King of Great Britain, when the boundary of Georgia was described; as it is clear by the commission to Governor Wright, that it was intended by the Royal Government to extend the Eastern boundary of Georgia to the most Southern stream of St., Marys, and thence to the head thereof. The river took is name at the disemboguementof course, all streams coming in on the South were [Illegible Text] streams of that river, to the head of the most Southern stream, is the point at which the Eastern line [Illegible Text] for it is in a subsequent clause that the Southern [Illegible Text] is described to be thence Westward as far as our [Illegible Text] extend by the North boundary line of our Provinces of [Illegible Text] and West Florida. By this commission, all previous boundaries of Georgia were revoked and determined. To this then, we are to look for our geographical limits, and fortunately for us in this exigency, it describes that stream of the St. Marys to be, the head or source for which we are now contending, with an accuracy that can no longer be misunderstod. It is probable that the course of the river was not accurately known; from which it is inferred, that it was the intention of the Royal Commission that Georgia should extend as far South as the most Southern stream, and to the head thereof, or that part of the description would not have been incorporated in the Eeastern boundary. It is reasonable to believe that this identical stream was meant, and not the stream at the disemboguement, which was between Amelia Island and the main, which is one of the months of the St. Marys. It could not have applied to that, as both the Provinces of Georgia and Florida were at that time under the same regal government and Ameha was not than, nor has it at any time since been considered as belonging to Georgia. If then it did not mean the Southern stream at the mouth of the river, it must have [Illegible Text] the Southern stream higher up the river. It is from this charter that our Legislature conceived themselves authorised in 1783, to declare our boundary to be from the fork of the [Illegible Text] where the [Illegible Text] and [Illegible Text] rivers [Illegible Text] in a direct line, to the [Illegible Text] or source of the Southernmost stream of the St. Marys, river, and along the course of said river to the Atlantic Ocean.

Page 216

Which furnishes additional evidence that the South prong was known at that day, to be the head of the river. If the Southern stream were not ascertained to lead to the source of the river, there would be more plausibility in the entertainment of different opinions upon the subject: as in that event, the boundary acknowledged by Great Britain in the treaty of '82, and provided for us by the treaty with Spain in '95 would vary from that described by the regal commission of '64, and our act of '83But when all these documents agree that the head of the St. Marys is one of the points by which the boundary was to be regulated, and the rights conveyed in the charter of Florida are not violateddoes it not require a tenacity of opinion, approaching obstinacy in error, to insist upon a deviation? It is not expected that Congress will be led by [Illegible Text] to the support of an erroneous claim. These questions, then, resultIf the line were to be run to the point agreed upon by the commissioners, under the 3d article of the treaty with Spain, would it run according to the boundary described for us in our old Charter? According to the boundary which is secured to us in the definitive treaty of peace with Great Britain? Which is provided for us in the treaty [Illegible Text] '95, with the Spanish Government? which our act of '83 recognises? And more than all, which our Constitution consecrates. Your Committee cannot believe that when the subject is fully investigated by Congress, that the [Illegible Text] government will be so unmindful of justice and her obligations to one of the confederacy, even upon the hypothesis that she could [Illegible Text] as to claim an advantage which is derived solely from the [Illegible Text] and error of her own agent. They therefore beg leave to recommend the following resolutions: R esolved, That it is desirable to the State of Georgia, to have the Boundary Line between her and Florida, run and marked as speedily as will meet the convenience of the United States. R esolved, As the act of Congress of 14th May, 1826, providing for the running and marking that line, requires it to be run and marked to the point designated as the head of St. Marys, by the commissioners, appointed under the third article of the treaty of friendship, limits and navigation between the United States and Spain of 27th Oct. 1795; and as that line is not, in the opinion of Georgia, the true boundary, that Congress be earnestly requested at the present session, to repeal the aforesaid act, and to pass another, authorising the line to be run and marked according to the provisions of the 2d article of said treaty. R esolved, That should Congress refuse to make any provision for running the aforesaid line in conjunction with the authorities of Georgia, that the Governor be authorised and requested to appoint commissioners, to be accompanied with a competent Surveyor and Artist, to run and mark the line according to the stipulations contained

Page 217

in the 2d article of the treaty between the United States and Spain, of the 27th of October, 1795. R esolved, That the Governor be requested to forward a copy to our Senators and Representatives in Congress, to be, by them, laid before the Senate and House of Representatives of the Congress of the United States. Approved 20th Dec. 1828. IN THE HOUSE OF REPRESENTATIVES, December 16, 1828. The Committee on Agriculture and Internal Improvement, to whom was referred the report of the late commissioners of the Oakmulgee river navigation company, have had the same under their consideration, and believe that the said commissioners have acted for the interest of the State, in laying out the funds appropriated for that purpose; and recommend the said commissioners to cause to be collected the balance in the hands of the former commissioners, and apply the same to the benefit of said river Oakmulgee. Approved, Dec. 20, 1828.

Page 218

HOUSE OF REPRESENTATIVES, December 16, 1828. The committee to whom was referred the message of his Excellency the Governor, on the subject of the addition to the State-house, beg leave to report: That after examining the contract entered into by the State with C. C. Birch, and other documents herewith submitted, the said C. C. Birch in his estimate of the cost of the aforesaid additional building, had omitted, in the articles of stone and sheet lead, amounting to the sum of seven hundred dollars, agreeable to a letter from C. C. Birch to Hamilton Fulton, Esq. which your committee are of opinion ought to be allowed the said Birch on his final completion of the work. Your committee therefore recommend the following resolution: Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That whenever C. C. Birch shall have completed his work according to the contract made by him for [Illegible Text] the State-house, that his Excellency the Governor or his successors in office be, and he is hereby authorised and required to draw his warrant in favor of said Birch, for such sum as was overlooked in the estimate of the price of the granite and lead. Provided, said amount does not exceed the sum of seven hundred dollars, to be paid out of the appropriation for enlarging the State-house. Your committee beg leave to be discharged from that part of the Governor's communication, which recommends the making the main building to correspond with the addition, and offer the following resolution, to-wit. Resolved, That so much of the-Governor's message on the subject of enlarging the State-house, and making the main building to correspond with the late addition, be referred to the joint committee for that purpose. Approved, December 20, 1828.

Page 219

HOUSE OF REPRESENTATIVES, December 17, 1828. The Committee on Agriculture and Internal Improvement, to whom was referred a resolution of the House of Representatives, instructing them to enquire into the expediency of not appropriating any more funds for the improvement of the navigation of rivers, c. in this State, until some better system of internal improvement be adopted; and that said committee be instructed if they should deem it expedient, to propose such change in the present [Illegible Text] of internal improvement, as shall operate more efficiently and with greater regard to economy and accountability than the present one, have had the same under consideration, and ask permission to report the result of their deliberations. The easy transportation of the gross products of a State, the pursuits of whose inhabitants are almost solely of an agricultural nature, is one which, next to agriculture itself, demands attention.The magnitude of the subject, has with your committee, precluded any thing like a partial investigation of it; and while it views a variegated soil teeming with corresponding fruits, and rivers in every section of the State, communicating with both the Atlantic Ocean and the Gulf of Mexico, whose channels are sufficiently deep, if cleared of obstructions, which have [Illegible Text] with time, for the navigation of boats of sufficient capacity to transport all the surplus produce of the State, to the most advantageous markets, it is nevertheless the duty of your committee, to which it [Illegible Text] yields, to advise an abolition for the present, of the office of Civil Engineer, and a cessation of operations by the State, so far as relates to the improvement of its rivers, until some method shall be found which may promise a better prospect of success Within the last thirteen years, the sum of $321,500 has been appropriated by the State for purposes of Internal ImprovementWith the exception of $5000 [Illegible Text] appropriated for Broad river, which has never been drawn, [Illegible Text] cents [Illegible Text] to the Treasury [Illegible Text] the Savannah River Navigation Company, between [Illegible Text] and Petersburg, and $1235 returned by the Commissioners of Briar Creek in Seriven county, with about eighty, negroes [Illegible Text] some implements for labor, your committee is unable to account for the expenditure of the appropriations. Those who have been [Illegible Text] to direct the plan and course of operations, and supervise every thing in connexion with them, have in many instances made no report, while others have rendered very unsatisfactory statements of the discharge of their duties. All reports as well as the omission to make them go to shew, that the Commissioners and those entrusted with this business, have not [Illegible Text] that fidelity, industry and skill, which the State has a right to expect they would do. It is

Page 220

true, that the attention of the State has been but recently [Illegible Text] to the subject of Internal Improvement, and success in that business must depend in a great measure, upon the experience of those who control it; and to this may be attributed in part, the little profit which the State has reaped, and after having expended so much of its treasure. Your Committee do not consider that they have cause to censure the Chief Civil Engineer for the manner in which he has discharged his duty. His reputation in North-Carolina as well as in England as an Engineer, is doubtless just, and his failure to succeed in Georgia, if indeed failure can be charged to him, is more attributable to the course he has been directed to take, than to any want of skill in the performance of his operations. Your Committee consider, that the amount of money already [Illegible Text] out on Internal Improvements, if properly applied, would have been abundantly sufficient to render navigable the first class of rivers in the State; but it has been unfortunately the case, that whenever an appropriation has been made, the amount has been divided into so many parts, and applied to the use of so many different places, unaided by professional experience and science, that there has no benefit accrued to any section of the State. If the sum of $325,000 had been applied to benefiting the condition of roads, the people of the State would doubtless have realised a much greater profit than they have from the improvement in the navigation of rivers. The high tuition which the State has already paid for the experience which she possesses on this subject, together with the advanced period of this session of the legislature, induces your committe respectfully to submit the following resolution: Resolved, That no further appropriations be made for the purposes of Internal Improvement, until some better and more efficient system shall be matured and adopted, and that the office of Givil Engineer be abolished for the present. Resolved, That his Excellency the Governor be requested to discharge the Civil Engineer, Hamilton Fulton, from the service of this State, so soon as the present quarter, specified by his Excellency's Message of the 4th inst. shall have expired. Approved Dec. 20, 1828.

Page 221

HOUSE OF REPRESENTATIVES, December 19, 1828. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That P. Rockmore, and Jacob Pruitt, Esqts. of the county of Jones, be [Illegible Text] they are hereby appointed Commissioners of the Ockmulgee Navigation above Macon, in addition to those already appointed. Approved Dec. 20, 1828. HOUSE OF REPRESENTATIVES, December 18, 1828. R esolved, That Thomas L. Jackson, Mirabeau B. Lamar, Martin Hardin and Richard Grist, be appointed commissioners of the Chattahoochie river, below Columbus, in addition to those already appointed. Approved Dec. 20, 1828. HOUSE OF REPRESENTATIVES, December 18, 1828. R esolved, That the Comptroller-General be, and he is hereby directed to publish his quarterly list of Pedlars in the Columbus Enquirer, in addition to the papers already prescribed by a resolution, approved 22d December 1825. Approved Dec. 20, 1828.

Page 222

HOUSE OF REPRESENTATIVES, December 18, 1828. R esolved, That the senators and representatives of this General Assembly shall each receive a copy of the Laws and Journals of the present session, when printed; and that copies he delivered them accordingly by the proper officers of their respective counties. Approved Dec. 20, 1828. HOUSE OF REPRESENTATIVES, December 18, 1828. The Committee to whom was referred the account of Thomas Mitchell, Esq. against the State of Georgia for surveying Islands in the Chattahoochie river, having had the same under consideration, are ready to Report: That they believe the account to be reasonable, and ought to be granted Be it therefore resolved by the Senate and House of R epresentatives in General Assembly met, That the sum of one thousand and sixty-five dollars be paid to Thomas Mitchell, as compensation for his services in surveying said Islands, out of any money not otherwise appropriated, previously deducting the amount heretofore paid to said Mitchell on said account, out of the amount thus appropriated. Approved Dec. 20, 1828.

Page 223

HOUSE OF REPRESENTATIVES, December 12, 1828. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That one hundred and ninety-six dollars be appropriated to the payment of an account against the State of Georgia by John Bethune, for services rendered as surveyor (to which his Excellency adverts in his message to the House,) and the account of said Bethune is herewith furnished, and that the said amount be placed in the appropriation bill. Approved Dec. 20, 1828. HOUSE OF REPRESENTATIVES, December 18, 1828. R esolved, That Lewis Gregory of Bibb county, and Mark Wilcox of Telfair county, be appointed Commissioners on the Ockmulgee river, below Macon, in the place of John Knowls of Pulaski and John Wilcox of Telfair resigned. And that Hartwell H. Tarver of Twiggs county, and George R. McCall of Telfair county, be appointed commissioners on the Oakmulgee navigation below Macon, to fill the vacancies of Harrison Smith of Bibb county, and John Lamkin of Telfair county, resigned. Approved Dec. 20, 1828. IN THE HOUSE OF REPRESENTATIVES, December 18, 1828. R esolved, That both branches of the General Assembly will [Illegible Text] sine die Saturday the 20th instant. Approved Dec. 20, 1828.

Page 224

IN THE HOUSE OF REPRESENTATIVES, December 18, 1828. The Committee to whom was referred the letter of William C. Dawson, Esq. Clerk of this House, in relation to a resolution of the last legislature, requiring him to have such of the journals re-bound which were then in a defective state, and to select from all papers in the office, such as were apparently useless, and submit them to the inspection of the next legislature, and that he be directed to have the balance of the papers properly arranged and labelled. Report, That they have performed the duty required of them, and find that the said clerk has complied with said resolution, and that he has arranged and labelled the papers in his office, and had the journals re-bound; all done and executed in regular and neat style. Your committee therefore beg leave to offer the following resolution: R esolved, That William C. Dawson, Esq. Clerk of the House of Representatives, be allowed the sum of five hundred dollars for his services and expenses, including binding, stationary, gilt, and every expense, in culling, arranging, and rebinding the journals and papers belonging to his office, agreeably to his appointment last session, and that the same be placed in the appropriation bill. Approved, December 20, 1828. IN THE HOUSE OF REPRESENTATIVES, December 18, 1828. The Committee to whom was referred the petition of Wiley W. Gaither, have had the same under consideration, and from documents herewith submitted, they believe such charges have been customary. They therefore believe the amount reasonable, and ought to be allowed. They therefore recommend the adoption of the following resolution: R esolved, That the sum of ninety-eight dollars be, and the same is hereby appropriated to the said Gaither, for recording one hundred

Page 225

and seventy-six laws and resolutions of the year eighteen hundred and twenty-five, in the Secretary of State's Office, and that the same be inserted in the appropriation law of the present session. Approved, December 20, 1828. IN THE HOUSE OF REPRESENTATIVES, December 19, 1828. R esolved, That his Excellency the Governor be, and he is hereby requested and authorised, to appoint some fit and proper person or persons, as agents and attornies, to prosecute to a final settlement, the accounts of Col. Bedney Franklin, late solicitor general of the Ocmulgee circuit, deceased; and of Adam G. Saffold and Seaborn Jones, Esquires, his successors in office; and also the accounts of sheriffs, clerks, and others, who may be in arrears to the State on account of the business originally intrusted to Col. Bedney Franklin, and reported by Lamar Hmes to be indebted and in arrears to the State for momes collected by them and not paid over to the treasurer. R esolved further, That said agent and attorney to be appointed by his Excellency the Governor, he vested with discretionary powers to allow and admit any amounts as sets off, which the said parties may justly claim as compensation for services rendered and commissions for collection: Provided, the same does not exceed five per centum on all collections made and actually paid into the treasury, and such compensation as they may deem reasonable and just, for all amounts prosecuted to judgment and not collected. And provided also, that the agent and attorney shall ascertain the balance due by each individual reported to be in default, by Messrs Lamar Hmes, the time that they withheld such balances from the public treasury; and the said agent and attorney shall be, and he is hereby authorised to charge the said public defaulters interest on all balances due and owing the State, if the agent and attorney may deem it just and equitable to do so; also, to allow interest upon the amount awarded to said public defaulters as commissions, or for extra services from the time the money was paid into the treasury, and from the time said services were rendered. And be it further resolved, That the agent and attorney to be appointed by his excellency the Governor, proceed immediately to collect all balances due the State, on all bonds originally delivered to Col. Bedney Franklin, and which remain uncollected, and to prosecute all the public officers reported by Messrs, Lamar Hines to

Page 226

be in arrears to the State, to a final settlement, and [Illegible Text] [Illegible Text] Excellency the Governor be, and he is hereby authorised [Illegible Text] [Illegible Text] [Illegible Text] agent and attorney, such compensation for his services as he may deem reasonable and just. Approved, December 20, 1828. HOUSE OF REPRESENTATIVES, December 19, 1828. R esolved, That the sum of one hundred and twenty-four dollars and sixty-six cents, be allowed to Thomas B. Stubbs for carpeting and other articles furnished by him for the Representative Chamber, and that his Excellency the Governor be, and he is hereby authorised and requested, to draw his warrant on the treasury for said amount in favor of Thomas B. Stubbs, in discharge of his account for the same. Approved, December 20, 1828. IN THE HOUSE OF REPRESENTATIVES, December 19, 1828. R esolved, That the Fraction-selling Commissioners do immediately advertise, and proceed to sell at the close of the present advertised sales, the fractions in the first district of Muscogee county, which belong to the State. Approved, December 20, 1828.

Page 227

HOUSE OF REPRESENTATIVES, December 20, 1828. R esolved, That his Excellency the Governor be authorised and requested, to communicate with Oliver H. Prince, Esq. in relation to the manuscript concerning the early history of the Colony of Georgia, referred to in the communication of Mr. Prince to the Speaker of the House of Representatives, and that his Excellency the Governor be authorised and requested, to purchase said [Illegible Text] for the use of the State, if he should deem it of sufficient importance to the State, and that he pay for the same out of the [Illegible Text] fund. Approved, December 20, 1828. HOUSE OF REPRESENTATIVES, December 19, 1828. The Committee on Finance, to whom was referred the letter of George R. Clayton, of the second of December, eighteen hundred and twenty-eight, addressed to the honorable the Speaker and Members of the House of Representatives, requesting compensation for the attending to and laying out the sum of two thousand dollars, which was appropriated by the legislature of last year, for the purpose of repairing and painting the Government House, and furnishing the samereport, That they have had the same under consideration, and are of opinion the request is one which ought to be allowedthey therefore recommend the following resolution: Resolved, That the sum of fifty dollars be paid to George R. Clayton, for his attention and services in contracting for the repairing and painting the Government House, and for furnishing the same, and that the same be placed in the appropriation act. Approved, December 20, 1828.

Page 228

HOUSE OF REPRESENTATIVES, December 19, 1828. Resolved, That his Excellency the Governor be requested to dismiss forthwith Hamilton Fulton, from any and all supervision and attention to public bublic buildings growing out of a resolution passed December 21st, 1827. Approved, December 20, 1828. HOUSE OF REPRESENTATIVES, December 20, 1828. Resolved, That his Excellency the Governor, cause to be advertised as soon as practicable, in such of the public papers of this State as he may deem proper, the act to provide for the better distribution of the poor school fund among the poor of this State, and to point out the mode of accounting for the distribution of the academy and poor school fund, and for other purposes; and all other acts of a general and public nature, which he may deem necessary and useful to have published immediatelyalso, all acts for altering the times of holding the Superior and Inferior courts in the several circuits of this State. Approved, December 20, 1828.

Page 229

RESOLUTIONS WHICH ORIGINATED IN THE SENATE. IN SENATE, Dec. 10, 1828. The Joint Committee on Banks, to whom was referred the statement made by the Bank of the State of GeorgiaReport: That said statement warrants the committee in the declaration that the condition of the said Bank is sound, and that its affairs have been managed with prudence. Read and agreed to THOMAS STOCKS, President. HOUSE OF REPRESENTATIVES, [UNK] December 19, 1828. Read and concurred in IRBY HUDSON, Speaker.

Page 230

IN SENATE, Dec. 19, 1828. Resolved by the Senate and House of Representatives, That Elbert Calhoun, of Bibb county, be appointed a commissioner of the Ocmulgee Navigation Company, above Macon, to fill the vacancy occasioned by the resiguation of Noah Butts. Approved Dec. 20, 1828. IN SENATE, Dec. 5, 1828. The committee of Finance, to whom was referred the communication of his Excellency the Governor, and the report of the Treasurer and Comptroller-General, on the claims of John McBride, Esq. deceased, late surveyor-general, after due and careful examination of the same, find that there is due to the said John McBride, for services rendered in recording 121 head-right plats, 462 lottery grants, and 70 maps of fractional surveys in the counties of Lee, Muscogee, Troup, Coweta and Carroll, with the numbers of the adjoining squares or lots for the use of the commissioners of the fraction salesThey therefore recommend the adoption of the following resolution: Resolved, That the sum of five hundred and eight dollars be, and the same is hereby recommended to be [Illegible Text] to John McBride, Esq. dec. late surveyor-general, for services rendered in recording 121 head-right plats, 462 lottery grants and 70 maps of fractional surveys, in the counties of Lee, Muscogee, Troup, Coweta and [Illegible Text] with the numbers of squares and lots adjoining, for the use of the commissioners of fraction sales, and that the same be placed in the appropriation law of the present session. Approved Dec. 20, 1828.

Page 231

IN SENATE, Dec. 18, 1828. The Joint Military Committee submit the following report: That they have examined into the state of the Arsenal and Magazme, and have found the arms, ordinance and [Illegible Text] of war, with a few exceptions, in good order and preservation. From the recent appointment of the military store-keeper, it has been out of his power to render us that aid which might otherwise been calculated on. Having no invoice, our examination has been more limited than it would otherwise have beenbut as far as this examination extended, they feel satisfied in the manner which the keeper has discharged his duties. The committee find a number of the arms of different decriptions unfit for serviceAlso a considerable quantity of camp equipage, together with the leather of the gun carriage harness; all of which, except those guns which can be repaired for a small sum, they think should be disposed of as early as practicable. The following is a statement of the number of arms and accoutrements, received since the first of November last, to-wit: 23 boxes, each containing 20 rifles. 40 boxes, each containing 20 muskets. 1 box containing 17 muskets. 4 boxes each containing 50 sabres. 1 box containing 24 sabres. 224 sabre belts, 17 cartridge boxes. 17 cartridge belts. 17 bayonet [Illegible Text] 17 bayonet belts. 1 box containing 250 sets of rifle implements. 1 box containing 210 sets of rifle implements. 1 box containing 250 rifle flasks. 8 boxes, each containing [UNK]100 cartridge box belts, 100 bayonet scabbards. 8 boxes, each containing [UNK]100 cartridge box belts, 100 bayonet [Illegible Text] belts. Your Committee state that they have examined the ammunition in the Magazine, which appears to be in good orderYour Committee recommend that the Keeper of the Arsenal shall as soon as practicable, clean all the arms that are fit for service, or that may be repaired, and place them in good boxes; and that his Excellency the Governor cause to be made such improvement in the Arsenal as he may deem proper to protect the upper floors from the [Illegible Text] of the

Page 232

arms, and cause all the arms to be deposited in the upper stories of said building; and that as many of the gun carriages and harness as can be conveniently done, be deposited in the lower story of said building, taking care that the same be protected from the moisture by placing them on plank. For the purpose of carrying into effect the foregoing report, we would recommend the following resolutions: R esolved, That the sum of one hundred dollars be appropriated for compensating the military store-keeper for his trouble in cleaning and boxing up the arms, c. which are not now in good order, as soon as he may have placed the arms in the situation before and hereinafter described. And be it further resolved, That the Military Store-Keeper be authorised, under the direction of his Excellency the Governor, to employ some suitable person to repair all such arms as can be made fit for service at a small expense And be it further resolved, That the Military Store Keeper be authorised, under the direction of his Excellency the Governor, to sell and dispose of all such arms of any [Illegible Text] cannot be made fit for service, without considerable expense, together with the camp equipage now on hand; also that part of the gun carriage harness which consists of leatherthe amount of which shall be paid into the Treasury. And be it further resolved, That the Military Store Keeper be requested to box up in good order all such arms as are now, or may be hereafter made fit for service, and label the same with the number and quality of arms they contain, an invoice of all the arms in the Arsenal, and their situation, shall be by him delivered at each annual session of the Legislature, to the Chairman of the Military Committee, for the purpose of aiding said committee in their examination of the same. And be it further resolved, That his Excellency be, and he is hereby authorised to pay all expenses that may be incurred by carrying into operation the above contemplated objects, out of the Contingent Fund. Approved Dec. 20, 1828.

Page 233

IN SENATE, Nov. 5, 1828. R esolved, That both branches of the General Assembly will convene in the representative chamber on Friday next, at half past 10 o'clock, A. M. for the purpose of electing an Attorney General and six Solicitors and a Surveyor General. Approved Nov. 7, 1828. IN SENATE, Nov. 6, 1828. Resolved by the Senate and House of Representatives, That the members of both branches of the General Assembly will convene in the representative chamber at 12 o'clock on Friday next, for the purpose of clecting by joint ballot, a senator in Congress to fill the vacancy occasioned by the resignation of the Hon. Thomas W. Cobb. Approved Nov. 7. 1828. IN SENATE, Nov. 12, 1828. R esolved by the Senate and House of R epresentatives of the State of Georgia, That both branches of the General Assembly will convene in the representative hall on Thursday next, at 11 o'clock, A. M. for the purpose of electing three Brigadier-Generals; one for the 1st Brigade of the 2d Division; one for the 1st Brigade of the 7th Division, and one for the 1st Brigade of the 6th Division, Georgia Militia. Approved Nov. 13, 1828.

Page 234

IN SENATE, Nov. 14, 1828. R esolved. That the Governor is hereby [Illegible Text] and requested to pay from the Contingent Fund $26 to David Clements$28 to Robert Paxtonand $26 to Jonathan Knight, bearers of the returns of the election of Electors of President and Vice President of the United States, from the counties of Wayne, Camden, Glynn and Lowndes, to the seat of Government. Approved Nov. 15, 1828. IN SENATE, Nov. 14, 1828. Whereas a vacancy has been created in the 1st brigade 5th [Illegible Text] Georgia Militia, lately commanded by Gen. Charles Phillips, by his removal without the limits of said BrigadeFor the purpose of filling said vacancy: R esolved, That both branches of the Legislature will meet in the representative hall, this day, at half past 1 o'clock, for the purpose of proceeding to the election of a Brigadier General of the 1st brigade [Illegible Text] division Georgia Militia. Approved Nov. 14, 1828. HOUSE OF REPRESENTATIVES, Nov. 17, 1828. R esolved, That both branches of the General Assembly will convere in the representative chamber, at 1 o'clock on Tuesday in order to elect a Brigadier General of the 2d brigade 3d division Georgia Militia in the room of General Howard, removed beyond the [Illegible Text] of the said brigade Approved Nov. 18, 1828.

Page 235

IN SENATE, Nov. 18, 1828. R esolved, That the county surveyor of Hall county, be and he is hereby appointed to examine and report to the next Legislature the number of Islands in the Chattahoochie river, which have not been surveyed opposite to and lying in the county of Hall, that contain more than four acres, and which have not been sold for the benefit of the State. Approved Dec. 20, 1828. IN SENATE, Nov. 21, 1828. R esolved, That his Excellency the Governor be requested to cause the Commissioners now employed in selling the fractions, islands, c. of the lately acquired territory, to suspend until the 25th day of December next all fractional surveys, islands, and lots of land in the first district originally Muscogee. Approved Nov. 21, 1828. IN SENATE, November 28, 1828. Resolved, That the Executive appointment of Dr. John C. [Illegible Text] as commissioner of the river Alatamaha, in place of [Illegible Text] King, Sen. be and the same is hereby confirmed. Approved, December 9, 1828.

Page 236

IN SENATE, November 22, 1828. Whereas, John Kenor formerly of Bibb, now of Upson county, became security for Lawson J. Kenor, for the rent of the ferry across the Ocmulgee river at the town of Macon, for the year 1822, for which rent a judgment for more than twenty-one hundred dollars with interest and cost, has been recovered against the said John Kenor. And whereas, the said John Kenor, had indulgence extended to him until the first day of January last, by paying up eight hundred dollars of the principal of said debt, together with the interest and cost which had accrued thereon, and giving security to the satisfaction of the solicitor general of the Flint circuit, for the payment of the balance due on said execution. And whereas, a further indulgence has been given the said John Kenor, until the first day of March next, by his paying the further sum of three hundred and twenty-five dollars of the remaining principal, together with the interest which had accrued thereon, and giving such additional security as the Solicitor General of the Flint circuit may require, for the balance due on said execution. Be it therefore resolved, That all further proceedings be stayed on said execution, for one year from the first day of April next: Provided, that the said John Kenor do pay by the first day of April next, the interest which has accrued on said execution, and three hundred dollars of the remaining principal, and give additional security, if required by the solicitor general of the Flint circuit, for the absolute security of said debt. Approved, December 20, 1828. IN SENATE, November 22, 1828. The select committee to whom was referred the petition of Thomas White of Columbia county, beg leave to report, that it appears from the petition and documents accompanying the same, that the said Thomas White faithfully served his adopted country, he being an Irishman by birth, as a quarter-master and soldier in the revolutionary war in the State of Georgia; that he lost a valuable horse at the battle of Burke Jail, which was captured by the British and Tofies, and that the said Thomas White has received no compensation

Page 237

for his services as a soldier or for the horse captured by the enemy. Your committee therefore believe that the claim of the petitioner is just and reasonable, and that the prayer of the petitioner ought to be granted. The committee therefore beg leave to recommend the adoption of the following resolution: Resolved, That the sum of one hundred dollars be allowed the said Thomas White for his services as a quarter-master and soldier in the revolutionary war, and for a horse captured by the enemy at the battle of Burke Jail, and that the same be provided for in the appropriation law. Approved, December 20, 1828. IN SENATE, November 25, 1828. R esolved, That Thomas King, Esq. be and he is hereby appointed a commissioner of the river Alabama, in the place of Dr. Charles West resigned. Approved, December 13, 1828. IN SENATE, November 26, 1828. Resolved, That the Executive appointments of John F. Williams in place of John Kell, Esq. deceased; William Scarboro in place of George Atkinson, Esq. deceased; and James Smith, Esq. in place of Roswell King, jun. Esq. resigned as commissioner of the river Alatamaha; and that of Philip R. Yonge, Esq. as a Director of the Bank of Darien, in place of George Atkinson, Esq. deceased, be and the same are hereby confirmed. Approved, December 9, 1828.

Page 238

IN SENATE, November 27, 1828. Resolved, That the Secretary of Senate be, and [Illegible Text] hereby required and directed to have bound in volumes of convenient size, fifty sets of the printed Journals of the Senate of this State, on the like plan with those presented to the Senate by him, as a specimen, at the price of sixty cents per volume for the quarto Journals, and forty cents per volume for octavo Journals, and that his Excellency the Governor pay for the same out of the printing [Illegible Text] Approved, December 20, 1828. IN SENATE, November 29, 1828. The committee to whom was referred so much of his Excellency's message, as relates to the map of Virginia, lately transmitted by his Excellency Governor Giles of Virginia, beg leave to report: That the splendid map of Virginia, lately presented to our State, is regarded by this legislature, as a distinguished evidence of the taste, the patriotism, and liberality of one of the oldest and most respectable members of this confederacy, and that our warmest acknowledgments are due to her General Assembly and Executive for this signal token of esteem. R esolved therefore, That the map of Virginia recently received as a present to our State, be carefully preserved in the Executive Office, as a splendid specimen of the Fine Arts, and as an evidence of the high value which we place on a gift so kindly bestowed upon us. Resolved, That this Legislature tender to each branch of the General Assembly of Virginia, and her distinguished Chief Magistrate, their warmest acknowledgments for this signal mark of her regard, and their confidence in, and attachment to, the wisdom and patriotism of her people. Resolved, That his Excellency the Governor, transmit to his Excellency the Governor of Virginia, and both branches of her General Assembly, copies of this report and resolutions. Approved, December 20, 1828.

Page 239

IN SENATE, November 29, 1828. The Joint Committee on the state of the republic, to which [Illegible Text] the Message of the Governor, respecting the agreement between this State and South-Carolina, relative to the navigation of the Savannah and Tugalo rivers, have had the same under serious consideration, and beg leave to report: That in the year 1820, Georgia was invited by South-Carolina, to enter into a convention or compact, to improve the navigation of the Savannah and Tugalo riversCommissioners were, in pursuance of that call, appointed by this State, who, in conjunction with the South-Carolina Delegates, actually concluded a convention, with the proviso, that such convention was not to be binding or obligatory on either of the contracting parties, until ratified by the Legislatures of both States, and approved by the Congress of the United States, agreeably to a provision of the Federal Constitution. The convention was ratified by Georgia, by an act of the General Assembly of the 20th December, 1823, and by the Legislature of South Carolina on the 20th December, 1825From a want of concert, however, between the Delegations of the two States in Congress, no application has ever been preferred to the General Government for its assentInasmuch as both the contracting parties have made this assent a condition precedent to the binding of the instrument, it is therefore for want of it, incomplete; a circumstance, in the estimation of your committee, by no means affording just cause of regret. Recent indications exhibited in South-Carolina, evidence very clearly, not only the unwillingness but the inability of [Illegible Text] State to aid in the consummation of the proposed undertaking. The Governor of South-Carolina, in a letter addressed to the Executive of this State, frankly admits, that the incorporation of a Company to erect a rail road from Hamburg to the city of Charleston, which it seems will be carried into effect, will render this State averse to expending any money on the river below Augusta In another part of the same letter he says, it is not likely that in any short time this State will make any appropriation for clearing the river above Augusta; in favor of this course we have one unanswerable argument, the low state of our treasury. This confession impresses your committee with the belief, that should the complete ratification of the convention be obtained, it would under existing circumstances, be inoperative or of no avail. Georgia, we apprehend, would be unwilling to fetter herself by a positive pledge, when there was a strong probability, if not absolute certainty, that all the disbursements necessary to effectuate the proposed object, were to [Illegible Text] exclusively from her own treasury. Should however, the resource of the other contracting party, ever ever enable her to co-operate

Page 240

with us in the prosecution of the work, a collision of opinion, engendered by a diversity of interests, would unquestionably prevailin regard to the portion of the river upon which the joint fund should be expended. It would be a paramount consideration with Georgia, to render perfect the navigation of the river below Augusta, whilst South-Carolina with all the facilities for transportation, afforded by her rail road, could feel no interest whatever in its improvement. She would of course, bestow all her care and attention upon the river above Augusta, which to us would be an object of secondary importance. These considerations impell your committee to recommend for adoption, the following resolution: Resolved, That under present circumstances, it is impolitic on the part of Georgia, to attempt to procure a full and entire ratification of the Convention with South-Carolina, relative to the navigation of the Savannah and Tugalo rivers. Approved; December 20, 1828. IN SENATE, December 4, 1828. Resolved, That the execution of the State against John A. Cuthbert, [Illegible Text] Favor, and Luke J. Morgan, be suspended as against said Favor, until ordered to proceed by the legislature: Provided, that no measures should be used to prevent the sale of two fractions, to-wit: numbers two hundred and eighty-five and two hundred and ninety-two, in the fourteenth district of originally Baldwin, now Putnam county, which by a resolution, has passed each branch of the legislature at this session, has been ordered to be sold by virtue of a mortgage [Illegible Text] [Illegible Text] the State against the same; and in case of any measures being taken to prevent the sale aforesaid, the Governor is required to proceed to have the fi fa first aforesaid collected from said Cuthbert and Favor. Approved, December 20, 1828.

Page 241

IN SENATE, December 5, 1828. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the compensation to the Electors of President and Vice President in the State, shall be six dollars a day while in actual service, and six dollars for every twenty miles of travel to the Seat of Government and back to their places of residence; and that the amount paid to the Electors of the present year, shall be charged to the contingent fund. And be it further resolved, That his Excellency the Governor be requested to pay the several sums so allowed, out of the contingent fund of 1828. Approved, December 5, 1828. IN SENATE, December 8, 1828. The committee to whom was referred the petition from sundry citizens of Lowndes county, relative to the resurvey, and correction of the eleventh district of Irwin now Lowndes county; REPORT. That they have had the said petition and resolution referred to under their attentive consideration, and believe the prayer of the petition, to be reasonable and just, and that it ought to be granted, they therefore beg leave to offer the following resolution: R esolved, That his Excellency the Governor be requested after the first day of January next, to send some [Illegible Text] [Illegible Text] to [Illegible Text] the eleventh district, formerly Irwin now [Illegible Text] county, [Illegible Text] report whether the same has been surveyed according to law; and if it is found not to be surveyed according to law, his Excellency the Governor, is hereby requested to have it surveyed; giving John H. Brodnax, the district surveyor, fifty days notice of such examination. And be it further resolved, That his Excellency the Governor is requested, if the said district is found not to be surveyed according to law, to have suit entered against the said John H. [Illegible Text] [Illegible Text] as quick as possible. Approved, December 20, 1828.

Page 242

IN SENATE, December 10, 1828. The committee on Finance, to whom was referred the petition [Illegible Text] [Illegible Text] Granbury, tax-collector of Dooly county, for the year eighteen hundred and twenty-six, have had the same under consideration, and are of opinion, from the facts ascertained in the case that the petitioner is entitled to be reimbursed the twenty per cent, paid by him into the treasury, for the tax collected by him, for said year they therefore recommend the adoption of the following resolution. R esolved, That his Excellency the Governor, do issue his warrant on the treasurer, in favor of Silas Granbury, tax-collector of Dooly county, for the year eighteen hundred and twenty-six, for the [Illegible Text] of nine dollars and four cents. Approved, Dec. 20, 1818. IN SENATE, December 10, 1828. The Joint Committee on Banks, to whom was referred the report of the Planters Bank, Report. That they have had under consideration, the statement of said banks that the same induces a belief in the committee, that the condition of the said bank is sound, and that it affairs have been conducted [Illegible Text] discretion. Read and agteed to THOMAS STOCKS, President. HOUSE OF REPRESENTATIVES, [UNK] December 19, 1828. Read and concurred in IRBY HUDSON, Speaker.

Page 243

IN SENATE, December 12, 1828. The Committee to whom was referred the communication from the Commissioners appointed by his Excellency the Governor, to sell and dispose of the unsold lots in the Town of Macon, and the public lands on the East and West side of the Oakmulgee river, near and [Illegible Text] the said town, and also the Bridge across the Oakmulgee river, [Illegible Text] Macon, have had the same under consideration, and beg leave to make [Illegible Text] following Report: Your committee are of opinion, that the said commissioners, have faithfully executed the duties assigned them, by the act of December 20th, 1827. Approved, Dec. 20, 1828. IN SENATE, December 13, 1828. The Committee on Finance; Report that they feel warranted in saying that great losses have accrued to the State, by the indulgences which have been given to its debtors, and are of opinion, that longer indulgences will augment the loss. They therefore offer the following resolutions. Resolved, That the Comptroller-General do place in the hands of the Attorney and Solicitor-General, after the first day of March next, all evidences of debt due the state in his office, or which shall be at that time due, for collection, with instructions to them to have the same collected with the least possible delay The committee discover that when bonds or notes are placed in the hands of Attornies and Solicitors for collection, the course heretofore practised, has been to take only a recept on a piece of loose paper for the same. They therefore recommend the following resolution. R esolved, That it shall be the duty of the Comptroller-General [Illegible Text], to keep a receipt book (or book of entry) in which he shall take the recepts of [Illegible Text] and Solicitors, for all evidences of debts placed in their hands for collection, and when monies are paid in for, and on account thereof he shall enter it in said book, stating the time and amount paid, who by, and on what account, and that to said book, he shall affix an index.

Page 244

The committee find receipts given by Attorneys or Solicitors for debts placed in in their hands for collection, some of [Illegible Text] are of long standing, and yet unaccounted for; they therefore recommend the following resolution. R esolved, That it shall be the duty of the Comptroller-General to furnish each of the present Attorney and Solicitor-Generals, within three months, a schedule of the names of all persons, and their securities who reside in their several circuits, whose bonds or notes have heretofore been delivered to their predecessors in office for collection, and which remain unaccounted for, with instructions to said Attorney and Solicitors, to make strict enquiry into the state and [Illegible Text] of such bonds, notes and specialities, together with the situation of the makers and their securities, and to collect all the money they can therefrom, and it shall be the duty of said Attorney and Solicitors, to make a full and special report of the result of their investigation to the Comptroller-General, whose duty it shall be to take the same to the Executive office, and his Excellency the Governor, is hereby requested to order such proceedings thereon, as he may deem best for the interest of the state. The committee find a long list of tax-collectors, in arrears for taxes, from different counties, for many years and various sums; some of which are pretty large amounts; they therefore remommend the following resolution. R esolved, That the Comptroller-General, do forthwith issue executions against all tax-collectors and their securities, who are in arrears to the state, for taxes when it is believed by him that the [Illegible Text] and insolvent list will not balance the same, and that he use all legal means to have the money therefor brought into the treasury as soon as possible, either by instructing the Attorney and Solicitor General, to attend to the collecting the same, or by employing a special Agent for the purpose, as he may deem best, for the interest of the state. In the Comptroller Generals report, the committee find an item of reverted confiseated property, to the amount of $21,013 15 cents. In that office, no record is to be found in relation thereto, either in the shape of receipts, notes, bonds, or book entry, except the copy of a single bond; they therefore recommend the following resolution. Resolved, That a diligent search be made, in all offices of state, by the officers of each Department, for bonds, notes, receipt or receipts given for or on account of reverted confiscated property, or for any record entry or other thing, relating thereto, and his Excellency the Governor, is hereby requested to order such proceeding in the premises as he may deem best, and most for the interest of the [Illegible Text]. The committee discover that monies have been paid into the Treasury, by Attorneys and Solicitor [Illegible Text], and that in the [Illegible Text]

Page 245

Generals office, no mention is made, on what account the same was paid; they therefore recommend the following resolution. R esolved, That when any Attorney or Solicitor General shall pay money into the Treasury, he shall inform the Treasurer on what account the same is paid particularly, and it shall be the duty of the Treasurer, to state the same in the certificate he gives him, and the Comptroller General shall enter the said sum to the account specified in said certificate. The committee recommend the adoption of the following resolution. R esolved, That the Comptroller-General do ascertain the amount the fractions which were sold in 1807 and 1808 brought, when they were sold, by executions in favor of the state, and that he place on each bond, the credit it is entitled to, on account of said last sale of the fraction, and that he then place all of said bonds which may remain unpaid in the hands of the Attorney and Solicitor Generals for collection, giving to each of them the bonds on persons residing in his circuit. The committee beg leave further to add that they have examined the books of the Comptroller-General, and find them kept in a manner creditable to that officer, and to agree with his report; they also find the books, and records of that officer, all brought up to the 31st of Oct. 1828. Approved Dec. 20, 1828. IN SENATE, December 13, 1828. The committee on Finance, beg leave to Report: That upon an examination into the Finances of the [Illegible Text] they find that the receipts into the Treasury, up to the 31st day [Illegible Text] December, [Illegible Text]

Page 246

In Darien bills in packages numbered from 1 to 4 inclusive, which were sealed up and delivered to the present Treasurer by the [Illegible Text] select committee of the last year and which remained unbroken. The balances of packages 5 and 6 of Darien bills, which had been opened by order of the Executive; your committee counted, sealed up and delivered to the Treasurer. The number and amount of these packages are as follows. Package no 1 containing $117,500 do 2 containing 137,500 do 3 containing 113,000 do 4 containing 12,661 Balances of packages 5 and containing 4,600 containing $385,261 In Current Bills containing 194,543 89 3-4 Check on State Bank containing 50,680 56 1-4 Specie containing 1,043 90 Amount remaining in the Treasury $631,529 36 Your committee also further report:That the warrants drawn by the Executive on the Treasury, during the last political year agrees with the entries on the book of the Treasurer, so far as they have been presented to that department for payment, and that the Treasurers books agree with the reports of the Treasurer and Comptroller General, made to both branches of the legislature, at the commancement of this session. The committee farther recommend that the statement of warrants drawn by his Excellency the Governor, in the last political year, and communicated to the legislature, at the commencement of this session, be taken and considered a part of the report of the committee on Finance. Read and agreed to. THOMAS STOCKS, President. HOUSE OF REPRESENTATIVES, [UNK] December 18, 1828. Read and concurred in IRBY HUDSON, Speaker.

Page 247

IN SENATE, Dec. 13, 1828. The committee on Finance to whom was referred the petition of George R. Clayton, claiming the exemption from the payment of a debt due by Edwin Monger, to the State, as far back as 1801, for the sum of $71 38 cents, to which the said Clayton is security; the committee find from a document herewith submitted from the Comptrollers office, that the said note was delivered into the hands of the proper officers for collection, within one year after it become due with whom it remained untli 1819; failing to discharge the duties of his office, to the prejudice of the petitioner. Be it therefore resolved, That the Solicitor for the Oakmulgee circuit, give into the hands of the said George R. Clayton, said note with an entry of a credit, amounting to the interest on condition the principal sum shall be paid to said Solicitor. Approved Dec. 20, 1828. IN SENATE, Dec. 15, 1828. Resolved, That Jacob Copehart, William Bevertt, and Solomon Beck, be and they are hereby appointed commissioners of Clayton Academy, in the county of Rabun, in addition to those already appointed. Approved, Dec. 20, 1828.

Page 248

IN SENATE, December 16, 1828. The Bank Committee to whom was referred the exhibit of the Marine and Fire Insurance Bank, report: That this institution is in a very sound conditionTheir issues within prudent limits, and their means more than ample for the redemption of their bills in circulation. Read and agreed to THOMAS STOCKS, President. HOUSE OF REPRESENTATIVES, December 19, 1828. Read and concurred in IRBY HUDSON, Speaker. IN SENATE, December 17, 1828. Whereas, at the last sale of lands belonging to this State, lot of land number one hundred and ninety-six, in the first district of originally Early county was sold, which lot has been forfeited to the State, and is again advertised to be sold at the present land sales, when in fact said lot of land is not a fraction, nor subject to be sold, but has been drawn and granted to an individual previous to [Illegible Text] having been sold by the State. For remedy whereof Be it resolved by the Senate and House of R epresentatives of the State of Georgia, That it shall not be [Illegible Text] to issue any other grant for said lot of land, and that the present commissioners be [Illegible Text] to withhold [Illegible Text] sale of the same. Approved, December 20, 1828.

Page 249

IN SENATE, December 17, 1828. Resolved, That William W. Kennon and Thomas Cook be, and they are hereby appointed Commissioners for the county of Butts, to keep open the main channel of the Ocmulgee river above [Illegible Text] for the free passage of fish, in the place of James Bunkley and Josiah Hardy, who refuse to serve. Approved, December 20, 1828. IN SENATE, December 18, 1828. Whereas, there has been a Volunteer Company raised in the county of CamdenAnd whereas, there is now in the care of John Bailey of said county, a quantity of arms belonging to the State. Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the said John Bailey be, and he is hereby authorised to deliver to [Illegible Text] Volunteer Company, as many stands of arms as there are [Illegible Text] in said company, requiring of the members of said company, to give bond for the safe keeping and return of said arms whenever reqhired. Approved, December 20, 1828.

Page 250

IN SENATE, December [Illegible Text], 1828. Whereas, it appears by an official communication of the Survey or General, that the plan of the fifth district of [Illegible Text] county, has been lost out of the Surveyor General's office, and it being deemed necessary that a new one should be made Be it therefore resolved by the Senate and House of Representatives of the State of Georgia, That the Surveyor General be, and [Illegible Text] is hereby authorised to make a new plan or map of said district, for which his Excellency the Governor is hereby authorised to pay him such sum as he may think reasonable out of the contingent fund. Approved, December 20, 1828. IN SENATE, December 18, 1828. The Committee on the State of the Republic, to whom was [Illegible Text] so much of the Governor's Message as relates to the Boundary line between Georgia and AlabamaReport: That on the subject of the boundary between the two States, [Illegible Text] very full and clear view of the subject was presented in the correspondence between their respective Executives, and the Commissioners appointed by each for the purpose of quieting the interest and claims of the parties concerned. In 1822 and 1823, the subject engaged the attention of the legislature, and the State deemed it of much importanceResolutions were then adopted, requesting the Governor to urge upon the authorities of the United States, the policy of co operating, in adjusting a subject which would be involved in difficulty from the lapse of time, and in intricacy, from neglect. In 1821, the enlightened and patriotic statesman who filled the Executive [Illegible Text] of this State, [Illegible Text] the [Illegible Text] hitherto [Illegible Text], with a zeal and ability which so conspicuously characterised [Illegible Text] in all his public actsBut the then Secretary of War, suggested as objections to any interferenceFirst, that [Illegible Text] appropriation for that purpose had been made in the compact of 1802. Secondly,

Page 251

that Alabama had neither given her assent, or expressed a desire for the interposition of the United States, and without such assent or such desire, any act done would be nugatory, invalid, and void. A sensitiveness for the rights of the States, and a fear of invading them, appeared to restrain the exercise of a power, which would not have been deemed illegitimate, or even contested by either of the States interested. To the proper understanding of the disagreement in respect to boundary, and to present in its true light the arguments used by the Commissioners in 1826, we must refer to the first Article of Cession of 1802, between Georgia and the United States. She cedes all her title to the jurisdiction and soil within the United States south of the State of Tennessee, and west of a line beginning on the western bank of the [Illegible Text], where it crosses the boundary line between the United States and Spaing running thence up said river Chattahoochie and along its western bank, to the great bend thereof, next above the place where a certain creek or river called Uchee, (being the first considerable stream on the western side above the Cusseta and Coweta towns) empties into the said river Chattahoochie; thence in a direct line to Nickajack on Tennessee river. A rich and fertile territory was thus [Illegible Text], and two States important and flourishing have from thence sprung up, which annually increase, and by their progress and improvements, strengthen and support the most [Illegible Text] wishes formed in respect to the rapid extension of our country, and the augmentation of its population. Whilst acting with such liberality, and yet want of policy, it could not have been cenceived, that any disputes would ever arise, by which the reserved limits of Georgia would be encroached upon, or any doubt as to the true construction of any of the Articles of Cession. The Commissioners of Georgia were no doubt impressed with this belief, when they met those of Alabama in 1826. They contended first, that a point was designated on the river Chattahoochie, answering the description given of it in the articles, which point they had ascertained from examination of the country. They represented and stated Miller's Bend, or the Big Shoal, to be of extraordinary size; that it was the great bend next above the place where a considerable stream above the Cusseta and Coweta towns, empties into the ChattahoochieThat the name of Uchee was not to be found attached to any [Illegible Text] in the neighborhood, but the description given identified Miller's Bend as the place referred to by the Commissioners who formed the compact of 1802. [Illegible Text] was discoverable only by being the first considerable stream above the Cusseta and Coweta towns, on the western side of the Chattahoochie, and Miller's [Illegible Text] next above said stream. Miller's Bend answered the description assigned it in the article, and though many other bends might be discovered, yet it was more distinctively characterised than any other. On the part of the Alabama Commissioners it was said, that the boundary as proposed, left a narrow strip between it and the Chattahoochie, and The house again went into committee of the whole, mr. Byne in formed an acute angle with that river. Secondly, that the Weehatkee, was a larger stream than [Illegible Text] Wocchoochee, and had other descriptive marks which identified it as the stream referred to in the article under the name of Uchee.

Page 252

The Commissioners of Georgia replied to these objections, [Illegible Text] although much inconvenience might result by establishing the boundary as prescribed in the article; yet, reasoning deduced from convenience could not affect the terms or change the import of a compact. That if the commissioners appointed in 1802, had previously to the entering on their duties been acquainted with the country ceded, they would have consulted both private and public interest, in the form to be given to the line of boundary; but in an unexplored country, with defective and incorrect charts or maps, information concerning its locality, would be as various [Illegible Text] dissentient as the channels through which they were communicated. That although the Wehatkee is the largest stream above the Cusseta and Coweta Towns, the article described the first considerable stream emptying into the river above those towns, and not the largest streamThat the identity of Uchee being established, it was immaterial whether the towns be above or below it, they being a mere accident or [Illegible Text] to identify the creek. That though convenience might induce a change of those towns, nothing but a convulsion of nature could change the bend or the creek. The Committee by adhering as closely as possible to the language of the Commissioners, have given a compend of their argumentsThe Committee animadvert with no pleasant feelings to the course pursued by the Legislature of Alabama; they will not however, use retaliatory language, or reply to their protest in the angry spirit which [Illegible Text] it. The close affinity, the sincerity in the habits and character of the people of the two States, should induce the kindliest feelingsSlight and trivial cause will not produce a revulsion of those feelings, which nature has formed and which time will cement. We must deny that any imputation has ever been cast upon the Commissioners who negotiated the Compact in 1802. Their venerated and exalted characters are common property and dear to the nation; but no names however emblazoned with good and great acts, can weigh against deductions founded in reason and supported by facts. The names of those who negotiated treaties, have never been [Illegible Text] as authority in ascertaining their meaning and intent, or [Illegible Text] their construction. In our sound reason, and without the least exercise of [Illegible Text], we see nothing monstrous or [Illegible Text] in supposing Messrs. Madison, Gallatin, and Lincoln, should have located [Illegible Text] artificial boundary on the margin of a natural one. That the assumption of that fact, would be a charge on those highly talented and gifted men of egregious folly, we cannot assent to as a self-evident proposition or an [Illegible Text] truth. In the protection of reserved rights Georgia has displayed as keen sensibility [Illegible Text] other of her sister StatesShe has been firm in sustaining her [Illegible Text]She will never [Illegible Text] the invasion of [Illegible Text] rights. We cannot permit to pass undenied the accusation of a disposition to invade the rights of Alabama, of [Illegible Text] so [Illegible Text] a disregard to principles, the support of which has brought upon Georgia [Illegible Text] reproach and unwarranted suspicious. She [Illegible Text], [Illegible Text] those [Illegible Text] [Illegible Text] save but by one State (the [Illegible Text], and gifted State of Virginia)She will be the last to desert

Page 253

them. The protection of personal rights, and the quiet enjoyment of property by their citizens, require the respective States interested in this matter, to terminate speedily, a dispute with regard to boundary, which neither involves extensive territory or rich possessions; and an amicable and conciliatory spirit will reconcile differences which are only increased by intemperate and warm expressions.Your Committee believe Alabama will not persist in error, but be ready to unite in the ascertamment of truth. With these impressions, your Committee recommend the adoption of the following resolution: Resolved, That the General Assembly of Georgia regret the excitement of unfriendly feelings in that of Alabama, on the subject of boundary, and give assurances of their readiness at all times to [Illegible Text] the most friendly relations. Approved Dec. 20, 1828. IN SENATE, Dec. 18, 1828. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That James Simpson of the county of De Kalb, Alexander Ware of the county of Fayette, Lewis Williams of the county of Merriwether, Archibald Willingham of the county of Harris, and George W. Dillard of the county of Muscogee, be and they are hereby appointed commissioners to examine and lay out a large market road, the nearest and most practicable route from the town of Decatur, in De Kalb county, to the town of Columbus, by the way of Fayetteville, Greenville and Hamilton, or as near on this route as the ground will admit ofWhich said commissioners shall enter on their duties [Illegible Text] hereafter as they shall be notified of the passage of this [Illegible Text] having first taken an oath before some officer having power to administer the same, well and truly to perform their duty according to the spirit and intention of this resolution, which road shall be cut out and improved by the hands liable to work on the same, in the several counties through which said road may pass. Approved Dec. 20, 1828.

Page 254

IN SENATE, Dec. 19, 1828. Whereas the petition of Elisha Tarver provides for the payment of a part of the money due the State by said Traver and Joseph Bennett, which could not otherwise be collected: Resolved, That it is expedient to grant the prayer of the petitioner and that the Solicitor-General of the Flint Circuit be directed to, cancel the judgments against said Tarver and Joseph Bennett in favor of the State, when Elisha Tarver shall have complied with the conditions set forth in his petition, and shall have relinquished to the State the five lots in the town of Macon, pointed out in said petition. Approved Dec. 20, 1828. IN SENATE, Dec. 19, 1828. The Joint Committee on Education and Free Schools, to whom was referred the reports of the Academies and Free Schools in the several counties of this State, beg leave to Report: That such has been the irregular manner in which these reports have been made, that they find it impossible to give such a condensed view of them as can lead to any correct conclusion as to the real state and condition of those institutions; but so far as we have examined we find out one fact, that there has been great waste and [Illegible Text] of the funds to those purposes. But although we [Illegible Text] obliged to say that this is generally the case, we are happy to state that there are some few honorable exceptions. In order that the public may know what the real situation of these institutions is and what has been their management, we recommend the adoption of the following resolution: R esolved, That the condensed Report on Academies and Free Schools, together with the Governor's communication giving a list of the monies drawn by the several counties, for the purposes of education, be published in pamphlet form, and distributed in the several counties, in the propertion of 10 to each county, and that the act passed the present session be appended to said pamphlet. Approved Dec. 20, 1828.

Page 255

IN SENATE, Dec. 19, 1828. Whereas it is important for the information of purchasers of fractions, islands, town lots, and the State's interest in lots which have been fraudulently drawn, that the bill passed at the present session of the legislature for their relief, should be published as early as possible in the newspapers of Milledgeville and MaconTherefore. Resolved by the Senate and House of Representatives, That his Excellency the Governor be, and he is hereby requested to cause the aforesaid bill to be published in the papers aforesaid, and that the same be paid for out of the printing fund. Approved Dec. 20, 1828. IN SENATE, Dec. [Illegible Text] [Illegible Text]. Be it resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That James L. Corry, of the county of Coweta, O. Whitfield, H. Sledge of the county of Troup, be and they are hereby appointed Commissioners of the navigation of the Chattahoochie river, above the Coweta Falls, in addition to those already appointed, upon their giving bond to like [Illegible Text]. Approved Dec. 20, 1828.

Page 256

Index. LIST OF TITLES. Academies PAGE 8 Appropriations 23 Banks 26 Bridges 39 Clerks 41 [Illegible Text] 44 Counties 52 Courts 59 Constitution 71 Canals 72 [Illegible Text] 73 Elections 74 Indians 87 Judiciary 90 Lands 95 Medical 111 Mills 113 Military 114 Penitentiary 117 Relief Laws 120 Roads 136 Rivers 141 Sheriffs 142 Taxes 144 Towns 147 Resolutions of the House of Representatives, 174 Resolutions of the Senate, 239

Page 257

A. ACADEMIES Distribution and application of the poor school fund, and mode of accounting for the disbursement of the academy and poor school funds, 3 The conveyance of a tract of land to the trustees of Newton county academy, authorised, 6 Concord academy, in Monroe county, incorporated, 7 An additional number of trustees to Hall county academy made, 8 The county academy in Newnan, Coweta county, incorporated, ib Commissioners authorised to raise $10,000 by lottery, for the Fayette county academy, 10 The several acts incorporating Elbert county academy, consolidated, ib The trustees of Lawrenceville academy, in Gwinnett county, authorised to raise $5,000 by lottery, 12 The Smithville academy, in Early county, incorporated, 13 The academy in Columbus, Muscogee county, established, named, and incorporated, 14 Incorporation of Washington academy in Talbot county, Of Hamilton academy, in Harris county, Of Social Circle academy, in Walton county, Of Flint river academy, in Houston county, Of Marion county academy, Of Merriwether county academy, and Of Byron academy, in Baker county, 15 The trustrees of Madison county academy authorised to raise $5,000 by lottery, 17 Jefferson academy, in Twiggs county, incorporated, ib Repeal of part of the act appointing trustees for the academy of Jefferson county, 18 A number of trustees to the Washington academy, in Gwinnett county, added, 19 Hebron academy, in Monroe county, incorporated, 20 Scriven county academy incorporated, 21 APPROPRIATIONS for the support of Government for 1829, 23 Academy Fund mode of accounting for its disbursement, 3 Augusta court of Common Pleas and fees of the officers regulated, 69 Organization of militia companies; encouragement to volunteer corps and the fire company, 115 Administrators de bonis non, required to be made defendants, 93 Mode of effecting service on ib Attorney General, to give bond and security, 94 Resolution for the election of 233 Athens Presbyterian and Methodist churches in, incorporated, 50 Appling county, purchasers of fractions, c. in, relieved. 109 Resolution concerning 5th district of 250

Page 258

Alabama, boundary line between Georgia and, report and resolution concerning ib Academies and Free Schools, report and reso. concerning 254 Address to the people of the United States on manufactures, 177 Aaron, William, resolution concerning, 201 Arscnal, report and resolutions concerning the arms in the 231 Alatamaha river Thomas Spalding appointed commissioner, 202 Dr. John C. Tunno, do do of 235 Thomas King, do do of 237 John F Williams, William Scarboro, and James Smith appointed commissioners of 237 Adrian, Fleming F., resolution concerning 210 Agriculture and Internal Improvement, report and resolution on 219 Adjournment of the General Assembly, resolution for 223 B. BANKS Bank of Columbus, in Muscogee county, incorparated 26 The number of directors of the Planter's Bank of the State of Georgia, reduced, 33 Central Bank of Georgia incorporated, 34 BRIDGES The bridge across the Ocmulgee river at Macon, sold to the Corporation, with certain conditions, 39 Byron Academy, in Baker county, incorporated, 15 Berrien, lots to be sold in the town of 150 Byron, name of the public site in Baker county, 165 Brunswick and Frederica, time extended to the Commissioners to prepare a map of 168 Butcher, John, name of, changed to John Sauls, 134 Baxter, Eliza T. relieved on a note, 135 Broad River Company, act of incorporation repealed, 141 Brokers, a tax laid on 145 Bankers, private, a tax laid on ib Burke county, authorised to establish an asylum for the poor, 55 Baldwin county, time of holding superior and inferior courts, 62 Burke county, battalion election districts in 85 Bibb county, purchasers of fractions, c. in, relieved, 109 Butts county, added to the 2d brigade 5th div. G. M. 114 Purchasers of fractions, c. in, relieved, 109 Bricr creek, report and resolutions concerning 209 Boundary Line between Georgia and Florida, report and resolutions concerning 211 [Illegible Text], John, resolution concerning 223 Bank of the State of Georgia, report and declaration, c. 229 Bank of Darien, Philip R. Yonge, appointed a director of 237 Boundary Line with Alabama, report and reso. concerning 250 C. CLERKS. Clerk of the Inferior court of [Illegible Text] county, authorised to advertise estrays in the Washington News. 41

Page 259

Clerk of the Inferior court of Columbia county, authorised to advertise estrays in the Constitutionalist. 42 An act concerning the clerks of the Superior and Inferior courts of Dooly county, 42 An act concerning the clerks of the Superior, Inferior, and court of ordinary of Telfair county, 43 Clerk of Superior court of Lowndes county, authorised to transcribe the records of said court, 43 CHURCHES. Presbyterian and Baptist Union church in Greenesborough, incorporated 44 Methodist Episcopal church in Jacksonborough, Scriven county, incorporated 47 Grant for a lot of land in Columbus, to issue for the Methodist church, 48 Independent Presbyterian church in St. Mary's, incorporated, 48 Presbyterian and Methodist churches in Athens, Clarke county, incorporated, 50 Presbyterian church in Milledgeville, incorporated, 51 COUNTIES. Part of Hancock county added to Taliaferro county, 52 Part of Wilkes county added to Taliaferro county, 52 Lee county divided, and Randolph county formed therefrom, 53 Parts of Gwinnett county added to De Kalb county, 54 Part of Houston county added to Pulaski county, 54 Hancock, Elbert, Richmond, and Burke counties authorised to establish asylums for invalid poor, 55 Campbell county formed of the counties of Coweta, De Kalb, Carroll, and Fayette, 56 Part of Habersham added to Rabun county, 58 COURTS. Time of Holding Inferior courts in Montgomery county, 59 Time of holding Inferior courts in Irwin county, 59 Time of holding Inferior courts in Oglethorpe county, 60 Time of holding Inferior courts in Monroe county, 61 Time of holding Superior courts in Chatham and Effingham counties, 61 Time of holding Inferior courts in Columbia county, 62 Time of holding Superior and Inferior courts in Baldwin county, 62 Time of holding Superior courts in the Chattahoochie circuit, 63 Time of holding Inferior courts in Randolph and Campbell counties, 63 An act for the organisation of Lee, Randolph, and Campbell counties, 63 Time of holding land courts, 65 Time of holding Inferior courts in Jones county, 65

Page 260

Time of holding Superior courts in [Illegible Text], Rabun, and Franklin counties, 66 Time of holding Superior courts in the Middle circuit, 67 Time of holding Superior and Inferior courts in the Flint circuit, 68 Act regulating the jurisdiction of the court of common pleas of Augusta, and the fees of the officers, 69 CONSTITUTION. The Constitution altered as to the meeting of the legislature and election of members, 71 CANALS. Subscription by the State to the Savannah, Ogeeche, and Alatamaha Canal Company, 72 Concord Academy, in Monroe county, incorporated, 7 Crawford county, purchasers of fractions, c. in, relieved, 109 Carpenters and Masons, in Columbus, to have a lien, c. 125 Camden county, road laws altered as respects 137 Clerk of the House of Representatives, resolution concerning W. C. Dawson, 224 [Illegible Text] county, academy in Newman incorporated, 8 Part of, to form Campbell county, 56 Election districts in, 80 Disposition of land in, frandulently drawn, 95 Mode of perfecting service for lands frauduleutly drawn in 106 Columbus Academy, in Muscogee county, incorporated, 14 Bank, in Muscogee county, incorporated, 26 Town of, in Muscogee county, incorporated, 153 Central Bank of Georgia, incorporated, 34 Columbia county, estrays to be advertised in the Constitutionalist, 42 Time of holding Inferior courts in, 62 Campbell county, formed of Coweta, De Kalb, Carroll, and Fayette, 56 Time of holding Inferior courts, 63 Organization of 63 Mode of perfecting service for land in, [Illegible Text] drawn, 106 Carroll county, part of, to form Campbell county, 56 Part of the Cherokee lands added to 88 Disposition of land in, fraudulently drawn, 95 Mode of perfecting service for land fraudulently drawn in 106 Chatham county, time of holding Superior courts, 61 Road laws altered as respects 139 Chattahoochie circuit, time of holding Superior courts in 63 Chattahoochie river, resolution on improvements of 194 Chattahoochie River, above Coweta falls, commissioners appointed for the navigation of 255 [Illegible Text]. Thomas, appointed commissioner of the [Illegible Text] river above [Illegible Text]. 249

Page 261

Corry, James L. appointed commissioner of the Chattahoochie river, above the falls, 255 Below Columbus, commissioners appointed for 221 Creek Indians, an act for protection against the 87 Cherokee Lands, added to Carroll, De Kalb, Gwinnett, Hall and Habersham counties, 88 Report and resolutions concerning dividing line, 208 Clayton, George R. resolution for an apropriation to 227 Resolution for the relief of 247 Calhoun, Elbert, appointed commissioner of the Ocmulgee Navigation Company, above Macon, 230 Clements, David, resolution for an appropriation to 234 Cuthbert, John A. resolution concerning 240 Clayton Academy, in Rabun county, commissioners appointed 247 D. DUELLING. Oath to be taken by all officers against 73 De Kalb county, part of Gwinnett county added to 54 Part of, to form Campbell county, 56 Part of the Cherokee lands added to 88 Purchasers of fractions, c. in, relieved, 109 Decatur county, purchasers of fractions, c. in relieved, 109 Davis, Gadsey, name of, changed to Gadsey Spivey, 134 Directors, Bank, resolution for election of 207 Dooly county, an act concerning the clerks of the Superior and Inferior courts of 42 Purchasers of fractions, c. in, relieved, 109 Sheriff's bond of, reduced, 143 Debtors of the State, resolutions concerning 243 E. ELECTIONS. Election districts in Troup county, 74 Election districts in Talbot county, 75 An additional election district in Rabun county, 77 An act concerning election districts in Gwinnett county, 77 Amoundment of the act regulating general elections, as regards Franklin and Habersham, 78 An act concerning the time and place of holding elections for justices of the Inferior court of Henry county, 79 Additional election districts in Warren county, 79 Election districts in the counties of Walton, Fayette, Pike, Coweta, and Hall, 80 An act concerning persons bringing returns of elections, 82 Election districts in Harris county, 83 Election districts in Lowndes county, 84 Battalion district elections in Burke county, 85 Additional district elections in Merriwether county, 85 Election of Attorney and solicitors general, and surveyor general, resolution for 233

Page 262

Of a Senator in Congress, resolution for 233 Of three brigadier generals, resolution for 233 Of a brigadier general in place of Charles Phillips, resolution for 234 Of a brigadier general in place of N. Howard, resolution for 234 Electors of President and Vice-President, resolution concerning compensation to 241 Early county, Smithville academy incorporated, 13 Estrays, [Illegible Text] Wilkes county to be advertised in the News, 41 In Columbia county in the Constitutionalist, 42 Effingham county, time of holding Superior courts, 61 An act concerning the road laws in 137 Elberton, the act regulating the town of, amended, 169 Executors, mode of effecting service on 93 Early county, purchasers of fractions, c, in, relieved, 109 Exchange Merchants, to pay a tax, 145 Elbert county, the acts incorporating the academy of, consolidated, 10 Authorised to establish an asylum for the poor, 55 F. [Illegible Text] county, commissioners of the academy authorised to draw a lottery, 10 Part of, to form Campbell county, 56 Election districts [Illegible Text], 80 Purchasers of fractions in, relieved, 109 Flint River Academy, in Houston county, incorporated, 15 Flint circuit, time of holding Superior and Inferior courts in the 68 Flint River, resolution appointing commissioners to examine 194 Franklin, Col. Bedney, late solicitor general, resolution concerning 225 Franklin county, time of holding Superior courts, 66 The act regulating elections amended as respects 78 [Illegible Text] name of the public site [Illegible Text] Lowndes county, 151 Fraction No. 351, [Illegible Text] district of Walton, error corrected on 192 Fractions, islands, c. the bill for the relief of purchasers of, to be published in Milledgeville and [Illegible Text], 255 Fraction Selling Commissioners, [Illegible Text] for the selling of fractions in the [Illegible Text] district of Muscogee county, 226 Resolution to suspend the sale of the fractions, c. in the 1st district of [Illegible Text] 236 Fulton, [Illegible Text], resolution for the dismission of, as superintendent of public buildings, 228 Report complimentary of 219 Favor [Illegible Text], resolution concerning 240 Finance, report of the committee on 245 Frac Schools and Academics, report and resolution concerning 254 G. [Illegible Text] county [Illegible Text] of the Lawrenceville academy, authorised to draw a [Illegible Text], 12

Page 263

[Illegible Text] number of trustees added to Washington academy. 19 Part of, added to DeKalb county, 54 Time of holding Superior courts in 66 Election district in, 77 Part of the Cherokee lands added to 88 Sheriff of, to reside within one mile of C. IL 142 Disposition of fractions in 107 Roads laws, as respects 136 Purchasers of fractions, c. in, relieved, 109 Glascock, Edmund, and John Turpin, relieved, 135 Greenville, town of, in Merriwether county, incorporated. 149 Gaither, Wiley W. resolution concerning 224 Granbury, Silas, resolution for an appropriation to 242 Green county, Presbyterian Baptist Union church in Greensboro' incorporated, 44 Guardians, mode of effecting service on 93 Government House appropriation to G. R. Clayton, for repaires 227 H. Hall county, additional number of trustees to the academy, 8 Election districts in 80 Part of the Cherokee lands added to 88 Disposition of fractions in 107 Purchasers of fractions, c. in, relieved, 109 Hamilton academy, in Harris county, incorporated, 15 Hamilton, town of, in Harris county, incorporated, 149 Houston county, Flint rivet academy in, incorporated, 15 Part of, added to Pulaski county, 54 Purchasers of fractions, c. in, relieved, 109 Hebron academy, in Monroe county, incorporated, 20 Hancock county, part of, added to Teliaferro county, 52 Authorised to establish an assylum for the poor, 55 Habersham county, part of, added to Rabun county, 58 The act regulating elections amended as respects 78 Part of the Cherokee lands added to 88 Disposition of fractions in 107 Purchasers of fractions, c. in, relieved, 109 Resolution concerning poor school fund of 206 Henry county, place of holding elections for justices of the inferior court, 79 Purchasers of fractions, c. in, relieved, 109 Hall county, Surveyor of, resolution for the examination of islands in the Chattahoochee river, 235 Harris county, election, districts in, 83 Disposition of land in, fradulently drawn, 95 Mode of perfecting service for lands fradulently drawn in 106 Hale, John, a purchaser ofuniversity land relieved, 133 [Illegible Text], name of the public site in [Illegible Text] county, 168 [Illegible Text], John, resolution concerning 198 Holt, Simon, resolution concerning 200 Harris, Benjamin F. resolution concerning 206

Page 264

I. Indians An act for protection against the Creek Indians, 87 The Cherokee land added to the counties of Carrol, DeKalb, Gwinuett, Hall, and Habersham, 88 Irwin county time of holding inferior courts, 59 Purchasers of fractions, c. in relieved, 109 Internal Improvement and agriculture, report and resolution on 219 J. Judiciary The right of survivorship in joint tenants abolished, 90 The trial of claims to land and negroes regulated, 91 An act for the protection of orphans and their estates, 92 Administrators de bonis non required to be made defendants, and mode of effecting service on administrators, executors, and guardians, 93 Attorney and Solicitors-General to give bond and security, 94 Jefferson academy, in [Illegible Text] county, incorporated, 17 Jones county, time of holding inferior courts, 65 Disposition of islands in the Oakmulgee river, adjoining 96 Jefferson county, authorised to sell a lot in [Illegible Text] and to levy an extra tax, 97 An act concerning the academy fund of 18 Jourdan, Warren, resolution concerning 196 Journals of the Senate, resolution concerning 238 Judge, resolution for election of, in place of E. S. Shorter, 207 K. Knight, Jonathan, resolution for an appropriation to 234 Kenor, Lawson J. resolution concerning 236 King, Thomas, resolution appointing, commissioner of the Altamaha, 237 Kennon, William W. appointed commissioner of the Oakmulgee river, above Macon 249 L. LANDS. Disposition of the land fradulently drawn, in the counties of Lee, Muscogee, Marion, Harris, Talbot, Troup, Meriwether, Coweta, and Carrol, 95 Disposition of the islands in the Oakmulgee river, adjoining Jones and Monroe counties, 96 The justices of the inferior court of Jefferson county, authorised to sell a lot in [Illegible Text] and to levy an extra tax, 97 An act concerning the first district of Muscogee county, 98

Page 265

Disposition of lot No. 103, in the 16th district of Henry now DeKalb county, 99 Time extended to drawers to take out grants in the lotteries of 1818, 1819, and 1821, and persons authorised to take out grants after the time, 100 To give possession to certain purchasers of land provided, 102 Disposition of the square tracts of land not drawn, in the late land lottery, or exchanged for fractions in the first district of orignally Muscogee, 103 For the correction of mistakes in the lottery of 1821, 104 The act disposing of the residue of the lands reserved for the use of the state, altered and amended, 105 The mode of perfecting service for lands fraudulently drawn, defined, in the counties of Lee, Harris, Talbot, Troup, Marion, Meriwether, Coweta, Carrol, Randolph, and Campbell, 106 Disposition of fractions in the counties of Walton, Gwinnett, Hall, Habersham, and Rabun. 107 Relief for purchasers of fractions, lots and islands in the late sales, and of lands fradulently drawn, 109 Lot No. 196, in originally Early, resolution concerning 248 Lotteries For the benefit of Fayette county academy, 10 Of Lawrenceville academy, 12 Of Madison county acadmy, 17 For a Masonic Hall in Milledgeville, 148 Lotterics of 1818, 1819, 1821, time extended to take out grants, c. 100 Lottery of 1821, mistakes in the, to be corrected, 104 Lottery of 1827, time extended to take out grants, and fees reduced, 120 Lewis, Evan, resolution concerning 197 Lamar, M. B. resolution concerning 200 Laws and Journals, Senators and Representatives, to receive a copy of 222 Lowndes county, resolutions concerning the resurvey of part of 241 Lowndes county, clerk of the superior court authorised to transcribe records of 43 Election districts in 84 Site of the public buildings named Franklinsville, 151 Authorised to levy an extra tax, 146 Lee county, divided, and Randolph county formed, 53 Organization of 63 Disposition of land in, fradulently drawn, 95 Mode of perfecting service for land in, fradulently drawn, 106 Land Courts, time of holding 65 Land, trial of claims to regulated, 91 Lockwood, William, of Upson county, pardoned, 122 Laurens county, roads law altered as respects 140 La Grange, town of, in Troup county, incorporated, 152

Page 266

M. MEDICAL. Academy of Georgia incorporated, [Illegible Text] MILLS. David Terrell, Jr. authorised to erect a mill dam across the Flint river, 113 MILITARY. Butts county, added to 2d brigade, 5th division, and Pike county to 2d brigade, 8th division 114 Company officers permitted to uniform in [Illegible Text] 115 Mode of notifying defaulting officers, 115 Organization of the militia companies of Augusta, 115 Monroe county, Concord academy in, incorporated, 7 Hebron academy in, incorporated, 20 Time of holding inferior courts, 61 Disposition of islands in the Oakmulgee river, adjoining 96 Purchasers of fractions, c. in, [Illegible Text] 109 Muscogee county, Columbus academy incorporated, 14 Disposition of land in, fraudulently drawn, 95 An act concerning 1st district of 98 Grant of half a square lot in Columbus to 167 Marion county academy incorporated, 15 Disposition of land fraudulently drawn in 95 Commissioners for selecting a site in 155 Sheriff's bonds of, reduced, 144 Mode of perfecting service for land [Illegible Text] drawn in 106 Meriwether county, academy incorporated, 15 Additional district elections in 85 Disposition of land fradulently drawn in 95 Mode of perfecting sevice for land fradulently drawn in 106 Montgomery county, time of holding inferior courts in 59 Madison county, trustees of the academy authorised to draw a lottery, 17 Macon Bridge, sold to the corporation of the town, 39 Macon lots, report and declaration concerning the commissioners to sell 243 Methodist church, in Jacksonboro' incorporated, 47 In Columbus, a lot of land granted to 48 In Athens, incorporated, 50 Milledgeville, Presbyterian church incorporated, 51 Corporation authorised to establish a fire company, 147 Commissioners authorised to draw a lottery for a Masonic Hall, 148 Middle Circuit, time of holding superior courts 67 Murat, Achile, and others, permitted to practice law, 124 Memorial to the states on the tariff, 183 [Illegible Text] Luke I. resolution concerning, 195 Mims, Wright, resolution concerning 207

Page 267

Mitchell, Thomas, resolution concerning 222 McBride, John, deceased, resolution for an appropriation, 230 Military Store-keeper, resolutions concerning 232 Marine and Fire Insurance Bank, resolution and declaration concerning [Illegible Text] N. Negroes, trial of claims to, regulated, 91 Nuisances, mode of redress, on account of saw grist [Illegible Text] c. 117 Newnan, town of, in Coweta county, incorporated, 149 Newton county, a tract of land in, to be conveyed to the trustees of the academy, 6 Purchasers of fractions, c. in, relieved, 109 O. Oglethorpe county time of holding inferior courts, [Illegible Text] Oath, to be taken by all State officers against duelling, 73 Orphans and their estates protected, 92 Ocmulgee River, declaration concerning the commissioners of 217 Commissioners appointed for, above Macon, 221 Commissioners appointed for, below Macon, 223 Oakmulgee Navigation Company, above Macon, Elbert Calhoun appointed commissioner, 230 Oakmulgee river, above Macon, commissioners appointed for 249 P. PENITENTIARY The 12th section, 9th division, of Penal Code, amended, 117 Mode of redress for nuisances occasioned by saw and grist mills, or water machinery, ib Manner of appointing officers and agents, 118 Resolution concerning Inspectors of the 199 Poor School Fund, mode of accounting for the disbursement of the 3 Governor required to have the act advertised concerning 228 Planters' Bank, in Savannah, number of directors reduced, 33 Report and declaration concerning 242 Presbyterian and Baptist Union Church, in Greensborough, incorporated, 44 Presbyterian Church, in St. Marys, incorporated, 48 in Athens, Clark, incorporated, 50 in Milledgeville, incorporated, 51 Pulaski county, part of Houston added to 54 Pike county, election districts in 80 Purchasers of fractions, c. in, relieved, 109 Added to 2d [Illegible Text] 8th division G. M. 114 Penal Code, 12th section, 9th division of, amended, 117 Pratt, Vincent A. the Governor to issue a grant to 128 Prince, Oliver H. resolution concerning history of Georgia, 227 Paxton, Robert, resolution for an appropriation to 234 Purchasers, of town and 4 acre lots near Macon, relieved, 131

Page 268

Purchasers of Fractions, the bill for relief of, to be published in Milledgeville and Macon, 255 Petersburg, town of, the act regulating it amended, 166 Perry, town of, incorporated, 159 Public Printing, contract for 193 President and Vice President of the U. S. resolution for the election of an elector, 199 Protest, on the Tariff, addressed to the Senate U. S. 202 Pedlars, to be advertised in the Columbus Enquirer, 221 R. RELIEF LAWS Time extended for drawers in the land lottery of 1827, and fees of grants reduced, 120 Mode of establishing instruments destroyed by fire in Wilkinson county, 121 William Lockwood, of Upson county, pardoned, 122 A grant to William, John and Mary Randolph legalised 123 Achille Murat, and others, admitted to practice law, 124 The act granting relief to the securities of the [Illegible Text] Turnpike company, repeated, ib An act concerning master carpenters and masons in Columbus, 125 Sheriffs' sales in the Chattahoochie Circuit made valid, ib Do do [Illegible Text] county made valid, ib Sheriff of Taliaferro county, to advertise in a paper of the Northern Circuit or in Milledgeville, ib Guardians of the minors of William C. Terrell and Gideon Haine, authorised to convey a tract of land, 126 The governor authorised to issue a grant to V. A. Pratt, 128 Do do do Allen R. Stephens, ib The names of sundry persons of the name of Ray changed to Outlaw, 129 The names of sundry persons changed and legitimatised, 130 Purchasers of town and 4 acre lots near Macon relieved 131 The names of certain persons changed and legitimatised, ib The name of Betsy A. Stukey changed to B. A. Chambers 133 John Hale, a purchaser of University land, relieved, ib The name of Gadsey Davis, of Telfair, changed to Gadsey Spivey, and John Butcher of Hall, to John Sauls, 134 Edmund Glascock and John Turpin, relieved, as securities of Thomas Handley, 135 Eliza Baxter relieved on a note, ib ROADS Road laws amended as respects Gwinnett county, 136 Do do Effingham county, 137 Do do Camden county, ib Do do Rabun county, 138 Do do Chatham county, 139 Do do Laurens county, 140 Commissioners appointed to lay out a large market road from the town of Decatur to Columbus, 253 RIVERS Repeal of the act incorporating Broad River Company, 141

Page 269

Randolph county, formed of Lee county, 53 Organization of 63 Time of holding inferior courts in ib One half of the tax to be retained by the counties, 145 Mode of perfecting service for land fradulently drawn in 106 Richmond county, authorised to establish an asylum for the poor 55 Rabun county, part of Habersham added to 58 Time of holding superior courts in 66 Additional election districts in 77 Disposition of fractions in 107 Road laws altered as respects 139 Purchasers of fractions, c. in, relieved, 109 Randolph, William, John and Mary, a grant to, legalised, 123 Ray, certain persons named, names changed to Outlaw, 129 S. SHERIFFS The sheriffs' bond of Tattnall county reduced, 142 Of Dooly county, reduced, 143 Of Marion county reduced, 144 Sheriff of Gwinnett to reside within one mile of c. h. 142 Sheriffs' sales, in the Chattahoochie Circuit made valid, 125 Smithville Academy, in Early county, incorporated, 13 Social Circle Academy, in Walton county, incorporated, 15 Scriven county academy, incorporated, 21 Methodist Church incorporated in Jacksonboro 47 St. Marys Presbyterian Church incorporated in 48 Savannah, Ogechee and Altamaha Canal, subscription by the State to 72 Survivorship, right of, in joint tenants abolished, 90 Solicitors General, to give bond and security, 94 Resolution for the election of 233 Stephens, Allen R. the governor to issue a grant to 128 Stubbs, Thomas B. resolution for an appropriation to 226 Scarboro, William, appointed com'mr. of [Illegible Text] river, 237 Smith, James, appointed do do ib Sledge, Whitfield H, appointed commissioner of the Chattahoochie river, above the Falls, 255 Stukey, Betsey Ann, name of, changed to B. A. Chambers, 133 Savannah and Tugalo rivers, report and resolution concerning, 239 Ice Company, incorporated, 157 Qualifications of voters for aldermen, c. in 158 Powers to the commissioners of pilotage of 170 State Rights, report and resolutions on 174 State House, report and resolutions concerning 218 Surveyor General, resolution for the election of a 233 Surveyor of Hall county, resolution for the examination of Islands in the Chattahoochie river, 235

Page 270

T. TAXES Tax act of 1829, 144 Brokers, private bankers, and exchange merchants taxed ib Penalty for evading tax on brokers, c. ib One half of the tax of 1828, to be paid into the treasury, 146 Justices of the Inferior Court of Lowndes county, authorised to levy an extra tax, ib TOWNS Corporation of Milledgeville authorised to establish a fire company, 147 Lottery for a masonic hall in Milledgeville, 148 Incorporation of the towns of [Illegible Text], Coweta county, of Hamilton, Harris county, of Talbottoh, Talbot do of Greenville, Merriwether do 149 Commissioners authorised to sell lots in Berrien, Dooly county, 150 Site of the public buildings in Lowndes county named Franklinsville, 151 Incorporation of the town of La Grange, Troup.co. 152 Do do Columbus, Muscogee co. 153 Commissioners for selecting a site for Marion c. h. 155 Incorporation of the Savannah Ice Company, 157 Qualifications of voters for aldermen of Savannah, and restriction for the imposition of a poll tax, 158 Incorporation of Perry, Houston county, 159 Commissioners for selecting a site for Tattnall c. h. 164 Public site of Baker county named Byron, 165 The act regulating the town of Petersburg amended, 166 Grant of one half of a square lot in Columbus to Muscogee county, 167 The public site of Appling county named Holmesville, 168 Time extended to the commissioners of Brunswick and Frederica to prepare a map, ib The act regulating the town of Elberton, amended, 169 The act granting powers to the commissioners of pilotage of Savannah, amended, 170 [Illegible Text], Dr. John C. reso. confirming appnintment of, as commissioner of the river Altamaha, 235 Tarver, Elisha, resolution concerning 254 Terrell, Junr. David, authorised to erect a mill-dam across Flint river, 113 Tattnall county, sheriff's bond of, reduced, 142 Commissioners to select a public site for 164 Talbotton, town of, in Talbot county, incorporated, 149 Tarver, Elijah, and Theodorick Muntfort, reso's. concerning 197 Talbot county, Washington academy in, incorporated, 15 Election districts in do 75 Disposition of land in, fraudulently drawn, 95 Mode of perfecting service for land fraudulently drawn in 106 Twiggs county, Jefferson academy in, incorporated, 17

Page 271

Telfair county, an act concerning the clerks of the superior, inferior and court of ordinary of 43 Purchasers of fractions, c. in, relieved, 109 Taliaferro county, part of Hancock added to 52 Part of Wilkes added to ib Sheriff's sales of, legalised, 125 Sheriff of, to advertise in the Northern Circuit, or in Milledgeville, ib Troup county, election districts established in 74 Disposition of land in, fraudulently drawn, 95 Mode of perfecting service, for land fraudulently drawn in 106 Treasury, report of the committee on Finance, on the state of the 245 U. Upson county, purchasers of fractions, c. in, relieved, 109 Unicoi Turnpike Company, act granting relief to, repealed, 124 V. Virginia, report and resolutions concerning a map of 238 Volunteer Company, in Camden county, reso. concerning 249 W. Washington Academy, in Talbot county, incorporated, 15 in Gwinnett co. a number of trustees add. 19 Wilkes county Inferior court authorised to advertise in the news [Illegible Text] Part of this county added to Taliaferro, 52 Warren county, additional election districts established in [Illegible Text] Wilkinson county, mode of establishing instruments, destroyd by fire, 121 Watkins, William, tax collector Wilkes co. reso. concerning, 194 Williams, Frederick, resolution concerning, 205 Wellborn, Carlton, do do 207 White, Thomas, reso. for an appropriation to 237 Williams, John F. appointed com'mr. of the [Illegible Text] [Illegible Text], ib Walton county, Social Circle academy in, incorporated, 15 Election districts in 80 Disposition of fractions in 107 Purchasers of fractions, c. in, relieved, [Illegible Text] Yonge, Philip R. appointed director of Darien Bank, [Illegible Text]