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 Louisbille: Ambrose [Illegible Text]. 18061100 English

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT LOUISVILLE, IN NOVEMBER AND DECEMBER , 1806. 18061100 18061200 Louisbille Printed by Ambrose [Illegible Text]. 1806.

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ACTS OF THE STATE OF GEORGIA; PASSED IN NOVEMBER AND DECEMBER, 1806. An Act To authorize certain commissioners therein named, to define, ascertain and new mark the dividing line between the counties of Elbert and Franklin. WHEREAS the line dividing the counties of Elbert and Franklin, has never been properly defined and ascertainedand difficulties having already arisen from the want of such ascertainment: For remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Richardson Hunt, and William Pulliam, citizens of the county of Elbert, and John Martin, and James Little, citizens of the county of Franklin, shall be commissioners for, and on the part and behalf of the counties aforesaid, who shall be invested with full power and authority to define

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and ascertain the said line, and plainly to mark the same: which line when so marked as aforesaid, by the commissioners aforesaid, or a majority of them, shall be deemed, held and taken, as the true line of division between the said counties. SEC. 2. And be it further enacted, That the said commissioners shall receive as a compensation for their services, the sum of three dollars each per day; which shall be paid by the Inferior Court of each of the aforesaid counties, out of the county funds. SEC. 3. And be it further enacted, That in case of the death, disability, or refusal to act, of any of the aforesaid commissioners, the Justices of the Inferior Court of the county in which the same may happen shall immediately proceed to fill such vacancy. SEC. 4. And be it further enacted, That the said commissioners shall make return of their proceedings to the Inferior Courts of their respective counties, on or before the last day of July next. SEC. 5. And be it further enacted, That all laws heretofore passed on that subject, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor: Assented to November 24, 1806.

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An Act [Illegible Text] the better regulation and government of the town of Watkinsville, in the county of Clarke. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Bedford Brown, Edward Bond, and Robert Echols, shall be commissioners of said town, and their successors in office, shall have full power and authority to pass all by-laws and regulations which may be necessary for the improvement and repairing of the streets of the said town, and the preservation of the public springs Provided, That such by-laws and regulations shall not be repugnant to the constitution and laws of this State, and that no penalty thereby imposed shall extend to coporeal punishment (except to people of colour) And provided also, That the said commissioners shall not impose any tax upon the citizens of the said town which shall exceed one dollar on each poll within the term of one year. SEC. 2. And be it further enacted, That the said commissioners shall continue in office until the first Monday in January, one thousand eight hundred and eight, and on the first Monday in every year thereafter, on which day all the free male white citizens of the said town who have given in their taxable property, and who are entitled to vote for members of the General Assembly, shall assemble

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at the court-house in said town, and by ballot elect other commissioners, who shall continue in office for one year; at which election two Justices of the Peace for the said county shall preside: Provided nevertheless, That the said commissioners shall be re-eligible to the said appointment. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to November 24, 1806. An Act To regulate the town of Jefferson, in the county [Illegible Text] Jackson, and to make permanent the seat of the public buildings of said county. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That Buckner Harris, David Witt, John Allen, Thomas Hyde, and Stewart M'Cravy, Esq's, shall be commissioners of said town, and their successors in office, shall have full power and authority to pass all by-laws and regulations which may be necessary for the improving and repairing of the streets of the said town, and the preservation of the public springs Provided.

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That such by-laws and regulations shall [Illegible Text] be repugnant to the constitution and laws of this State, and that no penalty thereby imposed shall extend to corporeal punishment (except on slaves, or persons of colour) And provided also, That the said commissioners shall not impose any poll tax upon the citizens of the said town which shall exceed one dollar, within the term of one year. SEC. 2. And be it further enacted, That the said commissioners shall continue in office until the first Monday in January, eighteen hundred and eight, on which day, and on the first Monday in January every year thereafter, all the free male white citizens of the said town, who shall have given in their taxable property, and are entitled to vote for members of the General Assembly, shall assemble at the court-house of the said county, and by ballot elect other five commissioners, who shall continue in office for one year; at which election any two Justices of the Peace of said county shall preside: Provided nevertheless, That the said commissioners shall be re-eligible to the said appointments. SEC. 3. A nd be it further enacted, That the said town of Jefferson, be, and the same is hereby declared to be the permanent seat of the public buildings, and of the administration of public justice in said county. BENJ. WHITAKER, Speaker of the House of Representatives. LDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to November 24, 1806.

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An Act To regulate the town of Lexington. BE it enacted by the Senate and House of Representatives, in General Assembly met, and by the authority of the same, it is hereby enacted, That Mathew Gage, George Philips, John Gresham, Thomas W. Cobb and George Pascal, and their successors in office, shall be commissioners of the said town, and shall have full power and authority to pass all by-laws and regulations which may be necessary for the improving and repairing of the streets of the said town, and the preservation of the public spring Provided, That such by-laws and regulations shall not be repugnant to the constitution and laws of this State, and that no penalty thereby imposed shall extend to life, limb, or corporeal punishment on white persons: And provided also, That the said commissioners shall not impose any poll tax upon the citizens of the said town, which shall exceed one dollar within the term of one year. SEC. 2. A nd be it further enacted, That the said commissioners shall continue in office until the first Monday in January, 1808; on which day, and on the first Monday in January in every year thereafter, all the free male white citizens of the said town, who shall have given in their taxable property, and who shall be entitled to vote for members

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of the General Assembly, shall assemble at the Court-House in said town, and by ballot elect five other commissioners, who shall continue in office for one year; at which election any two of the Justices of the Inferior Court, or Justices of the Peace of said county shall preside: Provided nevertheless, That the said commissioners shall be re-eligible to the said appointments. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to November 24, 1806. An Act To authorize the trustees of the University, through the aid and assistance of certain commissioners herein named, to establish a lottery, for the purpose of raising three thousand dollars, to purchase a library for the use of the University. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That it shall and may be lawful for the commissioners herein after named, to establish a lottery, whereby they may be enabled to raise the sum of three

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thousand dollars, for the purpose of purchasing a library for the use of the University of this Stateunder such schemes and regulations as they, or a majority of them may deem necessary and proper to carry into effect the above recited object. SEC. 2. And be it further enacted, That Thomas Cumming, John Murray, John Willson, the elder, John Twiggs and Thomas Flournoy, be, and they are hereby appointed commissioners to carry into effect the aforesaid lottery. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to November 28, 1806. An Act To amend an act, entitled an act, to empower the Inferior Courts of the several counties in this State, to order the laying out of public roads, and to order the building and keeping in repair of public bridges, so far as respects the county of Effingham. BE it enacted, That all overseers of roads, who shall refuse or neglect to do their duty as is directed by this act, or shall not

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keep the roads and bridges over small water courses, and cause-ways over swamps and low lands in repair, or let them remain uncleared or out of repair, for and during the space of thirty days, unless hindered by extreme bad weather, such overseer shall forfeit for every such offence the sum of two hundred dollarsone moiety thereof to the informer, and the remainder to the use of the county, to be recovered by warrant or execution to be issued by the Inferior Court of the county where such default shall happenwhich Court is hereby authorized and empowered to examine into such default in a summary manner, after having given twenty days notice to such overseer, to come forward and exculpate himself from such charge. SEC. 2. And be it further enacted, That this act shall be in force in the county of Effingham only. SEC. 3. And be it further enacted, That the fifth Section of the above recited act, so far as respects the county of Effingham, be, and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to November 28, 1806.

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An Act To make permanent the seat of the public buildings in the county of Franklin, and to appoint commissioners to erect the said buildings. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Carnesville, in the county of Franklin, shall be the permanent seat of the public buildings thereof. SEC. 2. And be it further enacted, That James Terrill, Obadiah Hooper, Joseph Chandler (of broad river) Frederick Beall, and Benjamin King, be, and they are hereby appointed commissioners, to erect said buildings, and they, or a majority of them, are hereby fully authorized and required, after giving twenty days notice, at three or more of the most public places in the county, shall contract for, or let the building of a Court-House and Jail, of such dimension and on such plan as they shall deem most convenient to answer the end proposed, at the place aforesaid. SEC. 3. And be it further enacted, That the said commissioners, or a majority of them, are hereby authorized and empowered to draw on the funds of said county for such sums of money as may be necessary to defray the expense of said buildings. SEC. 4. And be it further enacted, That all laws, or parts of laws heretofore passed,

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that militates against this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to November 29, 1806. An Act To authorize the Justices of the Inferior Court of Hancock county to levy an extra tax, for the purpose of building a new Jail, and making such repairs to the Court-House of said county as may appear necessary. BE it enacted by the Senate and House of Representatives, in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior Court of Hancock county shall be, and they are hereby authorized to levy an extra tax on all persons and property in said county liable to taxation, for the purpose of building a new Jail, and making such repairs to the Court-House of said county as may appear necessary and proper Provided, the amount so levied shall not exceed one third part of the general tax and provided also, that the said levy shall not be continued more than three years.

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SEC. 2. A nd be it further enacted, That the collector of tax for said county, shall collect and return to the Court the amount so levied, to be by them applied to the purposes aforesaid, after deducting the lawful per cent. for collecting the same. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to November 29, 1806. An Act To rgulate the election of Aldermen for the city of Savannah, and the city officers, and to repeal the laws herefore passed on that subject. WHEREAS by the present mode of electing Aldermen for the city of Savannah, a great number of citizens are wholly disfranchised, deprived of the inestimable privilege of voting for their Representatives, and subjected to penal laws, arbitrary fines and taxes imposed upon them without their consent, in direct violation of the fundamental principles of the constitution: SEC. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is anacted by the authority of the same, That

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the present Mayor and Aldermen of the said city, shall continue in office until the first Monday in September next, and from thence until their successors shall be duly elected and qualified, according to the directions of this act. SEC. 2. And be it further enacted by the authority aforesaid, That on the said first Monday in September next, and on the first Monday in September in every year thereafter, an election shall be held at the Court-House in Savannah, for Aldermen to represent the several wards of the said city, by three or more Justices of the Peace, or Justices of the Inferior Court, not being candidates, whose duty it shall be to preside at, and superintend the said election; and it shall be the duty of the Sheriff of the said city to attend the said election, with two or more constables to keep and preserve order. SEC. 3. And be it further enacted, That the said election shall be by the citizens inhabitants of the said city, who shall have resided therein six months previous to the day of election, and who are entitled by law to vote at elections for representatives or members of the Legislature of this State, and the said election shall be opened, conducted and closed in the same manner as is established by law for elections of members of the Legislature. SEC. 4. And be it further enacted, That at the said elections the said electors shall elect-from among the citizens generally, one

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Alderman for each of the wards of the said city, and shall at the same time elect a City Marshal, Sheriff, Clerk of the Council, Clerk of the Mayor's Court and Clerk of the Market; which said officers shall give such security for the faithful execution of their duty, as the said corporation shall require and approve. SEC. 5. And be it further enacted, That all acts, and parts of acts heretofore passed, so far as the same militate with this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to November 29, 1806. An Act To amend an act, entitled An act to carry into effect the 9th section of the 3d article of the constitution. BE it enacted by the Senate and 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 divorces recognized by this act shall be absolute, and totally dissolve the marriage contract, or conditional, and only separate the parties from bed and board, and provide for the separate

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maintenance and support of the parties and their issue. SEC. 2. A nd be it further enacted, That all cases of divorce which shall come before the Superior Court, shall be tried by a special jury, who shall enquire into the situation of the parties before their intermarriage; and also at the time of trial, and in all cases where they shall determine in favor of a conditional divorce, they shall be their verdict or decree make provision out of the property of which the husband may be possessed, for the separate maintenance and support of the wife and the issue of such marriage; which verdict or decree, the said court shall cause to be carried into effect according to the rules of law, or according to the practice of chancery, as the nature of the case may require. SEC. 3. And be it further enacted, That in all cases where the verdict shall be for an absolute divorce, the party whose improper, or criminal conduct shall authorize such divorce, shall not be permitted to marry again during the life of the other party, and in case of such second marriage, the party so offending shall be subject to the pains and penalties enacted against bigamy Provided always, That where the marriage is declared void for such causes existing before such intermarriage as are recognized by the ecclesiastical Courts, the said parties may marry again, any thing herein before contained to the [Illegible Text] notwithstanding. SEC. 4. And be it further enacted, That

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in all cases where the special jury shall have brought in a verdict for an absolute divorce, and the General Assembly shall refuse to pass a law to carry the same into complete effect, it shall be lawful for either party to apply to the Superior Court of said county, after giving thirty days notice, in writing, of such application, to the adverse party, if within this State, and if out of the State three months notice, in one of the public gazettesand it shall be the duty of such court to appoint three commissioners, who shall enquire into the situation of the parties before their intermarriage, and also at the time of such enquiry; and shall determine upon the support or provision which may be necessary for the separate maintenance of the wife, having due regard to her situation before marriage, and also of the situation of the husband at the time of such enquiryand the said three commissioners, before they proceed to make the enquiry, shall take and subscribe before one of the Justices of the Inferior Court, or Justices of the Peace of said county, the following oath, or affirmation, [Illegible Text]:I, A. B. do solemnly swear, or affirm, that I will, without prejudice, or partiality, faithfully enquire, and justly decide upon the case now submitted to me, and that I will make my report, or decree thereon according to the principles of justice and equity, to the best of my skill and understanding, so help me God. And it shall be the duty of such commissioners to report their decision or decree in the premises to the next

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Superior Court of the county aforesaid; which shall cause the same to be entered as the judgment of said Courtsubject nevertheless to be altered or modified by the said Court Provided application be made to the next Superior Court of said county for that purpose, stating the grounds upon which such application is founded; and in such case it shall be the duty of the said Superior Court to refer the said decree, or report to the same commissioners, with two additional commissioners, who shall take the oath herein before prescribed, and shall proceed to reexamine the said decree, and report their decision or decree in the premises, to the next Superior Court of said county; which shall be entered as the judgment or decree of said Court. SEC. 5. And be it further enacted, That all commissioners appointed under, and by virtue of this act shall have power to compel the attendance of such witnesses as may be deemed necessary by the parties, before them, at such time and place as they may appoint for their meeting; and shall also have competent power and authority to administer an oath to such witnesses, and shall take down the testimony of such witnesses in writing, which shall be annexed to their decree, and be deposited in the Clerk's office. SEC. 6. And be it further enacted, That in all cases where provision is made for the separate maintenance of the wife according to the provisions of this act, the husband shall

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notbe subject to any contract made thereafter by such wife, but in all and every such case, the wife shall be subject to the payment of her own debts, out of her separate maintenance, during the time that such separation, and separate maintenance shall continue. SEC. 7. And be it further enacted, That in all cases of divorce the issue of such marriage shall not be bastardized, but shall be capable of taking by descent or destribution from either of their said parents. SEC. 8. And be it further enacted, That in all cases of applications for a divorce, the party applying shall render a schedule on oath, of the property owned or possessed by said parties at the time of such application; or if the parties have separated at the time of such separation, which shall be filed of record by the Clerk of the Superior Court, and after all just debts shall be paid, shall be subject to a division or equal distribution between the children of such parties, except the jury before whom the same may be tried, shall think proper to allow either party a part thereof. SEC. 9. And be it further enacted, That so much of the before recited act, as is repugnant to this act, be, and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor Assented to December 5, 1806.

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An Act To repeal an act, entitled an act to incorporate [Illegible Text] Creek Baptist Church, in Elbert county. WHEREAS the said Church, by their petition presented to the present General Assembly, praying a repeal of the aforesaid act: BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the above recited act, and every part thereof, be, and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 5, 1806. An Act To incorporate the Red's Creek Baptist Church, in Columbia county. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That Loveless Savidge, James Simms,

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Archibald Odom, David Walker, and John Collier, and their successors in office, shall be, and they are hereby declared to be a body corporate, and known by the name of the Incorporated Red's Creek Baptist Church. SEC. 2. And be it further enacted, That the said Loveless Savage, James Simms, Archibald Odom. David Walker and John Collier, and their successors in office, shall be vested with all such property, both real and personal, as has shall, or may be bestowed on said society, or church, by gifts, grants or otherwise in trust, for the use and benefit of the said society, or church. SEC. 3. And be it further enacted, That the aforesaid society, or church, or a majority of them, shall at any time they may deem proper, proceed to elect other persons as trustees in the room of the aforesaid Loveless Savidge, James Simms, Archibald Odom, David Walker and John Collier, or either of them, or their successors in office, previously thereto, giving at least thirty days notice of such intention, to said society, or church. SEC. 4. And be it further enacted, That the aforesaid trustees, and their successors in office, shall be, and they are hereby declared to be a body corporate, and capable of suing and being sued, of pleading and being impleaded, and of using all legal measures for the recovery and defending any property

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which the said society, or church may have, hold, claim, or enjoy. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 5, 1806. An Act To amend the acts for regulating Venduesso far as to authorize a Vendue Master for 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, That there shall be a Vendue Master for the town of Milledgeville, who shall be appointed by concurred resolution of both branches of the Legislature, and who shall in all respects proceed and conduct himself in conformity to the several acts heretofore passed for regulating Vendues, during the time he may continue in office. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 5, 1806.

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An Act To change the time of holding the Superior Court in the counties of Oglethorpe, Clarke and Jackson. 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 immediately from and after the passing of this act, the times of holding the Superior Court, in said counties, shall be as follows, viz:In the county of Oglethorpe, on the second Monday in March and Septemberin the county of Clarke, on the third Monday in March and September; and in the county of Jackson, on the fourth Monday in March and September. SEC. 2. And be it further enacted, That the grand and petit jurors and witnesses, summoned to appear before such Courts, and all writs and recognizances returnable on the days, upon which the said Courts would have been held under the laws heretofore in force, shall be returnable to the several days herein before specified for holding of the said Courts in the aforesaid countiesany law, usage, or custom, to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 5, 1806.

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An Act To empower the Inferior Court of Jefferson county to levy an extra tax, for the purpose of building a new [Illegible Text] said county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior Court of the county of Jefferson, be, and they are hereby authorized to levy an extra tax on all persons and property in said county, liable to taxation, for the purpose of building a new Jail therein Provided always, nevertheless, That the said tax shall not exceed more than one fourth of the general tax, nor continue in force for more than three years. SEC. 2. And be it further enacted by the authority aforesaid, That the collector of tax for said county, shall collect and return to the Justices of the Inferior Court of Jefferson county, aforesaid, the amount so levied, to be by them applied to the purposes aforesaid, after deducting the lawful per cent. for the collection thereof. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806.

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An Act To authorize the Inferior Court of the county of [Illegible Text] to levy an extra tax, for the purpose of enlarging [Illegible Text] re-building a Court-House in said county. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the Justices of the Inferior Court of the county of Clarke, are hereby authorized and required to impose a proportionate extra tax on the respective inhabitants of said county, annually, for three years in succession, not exceeding the one third of the annual general state tax of each inhabitantwhich said tax shall be collected in the same manner, and under the same restrictions as are laid down for the collection of the general tax of this State; and the monies so arising from the extra tax as aforesaid, shall be appropriated for the special purpose of enlarging or re-building the Court-House of said county of Clarke. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806.

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An Act To authorize the Justices of the Inferior Court of Washington County, to levy an extra tax, for the purpose of repairing the Court-House and Jail of said county, so far as may appear necessary. BE it enacted by the Senate and 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 Washington County, shall be, and they are hereby authorized to levy an extra tax on all persons and property in said county, liable to taxation, for the purpose of repairing the Court-House and Jail, so far as may appear necessary and proper Provided, the amount so levied, shall not exceed one fourth part of the general tax And brovided also, That the said levy shall not continue for more than three years. SEC. 2. And be it further enacted, That the collector of tax for said county, shall collect and return to the Court, the amount so levied, to be by them applied to the purpose aforesaid, after deducting the usual persent, for collecting the same. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806.

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An Act [Illegible Text] authorize the Justices of the Inferior Court of the county of Columbia, to levy an extra tax, in aid of the county fund, for the purpose of building a [Illegible Text] House in said county. BE it enacted by the Senate and House of Representatives, in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior Court for the county of Columbia, are hereby authorized to levy an extra tax on the inhabitants of said county, annually, not to exceed one fourth part of the general tax; which said tax shall be collected in the same manner as the general tax, out of which sum the Tax Collector shall be entitled to receive two and one half per centum for his servicesand the monies so arising from the extra tax as aforesaid, shall be appropriated, in aid to the county funds, for the special purpose of building a Court-House in said county. SEC. 2. And be it further enacted, That the Justices aforesaid, shall within six months from the passing of this act, let the building of the said Court-House, by public out-cry, to the lowest bidder, at the place contemplated for building said Court-House, after giving twenty days public notice, at three [Illegible Text]

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more of the most public places within the county. SEC. 3. And be it further enacted, That this act shall be and continue in force until there shall be a sufficient quantum of monies raised, in aid of the county funds, to complete the building of said Court-House, and no longer. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To appoint commissioners, for the purpose of [Illegible Text] into effect the building the Court-House and Jail for the county of Wayne. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That Solomon Gross, Francis Smallwood, John Mundon, William Clement, and William Knight, be, and they are hereby appointed commissioners, with full and ample powers, to point out and fix upon the most suitable and convenient place in the said

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county of Wayne, for erecting a Court-House and Jail thereon, and such place to be agreed on by them, or a majority of them, shall, and the same is hereby declared to be the permanent seat of the Court-House and Jail of said county of Wayne. SEC. 2. And be it further enacted, That the aforesaid commissioners are hereby authorized and empowered to contract with some person, or persons, as the case may be, upon the best terms for the building said Court-House and Jail of said county of Wayne. SEC. 3. And be it further enacted, That until such Court-House and Jail shall be compleated, the Inferior and Superior Courts, and elections for said county, shall be held at the house of Francis Smallwood. SEC. 4. And be it further enacted, That the aforesaid commissioners, or a majority of them, are hereby authorized and empowered to collect and receive all monies which may be appropriated for that purposeany law, custom or usage, to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806.

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An Act To authorize certain commissioners therein named, to new mark and ascertain the dividing line between the counties of M'Intosh and Liberty. BE it enacted by the Senate and 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 Stacy of Liberty county, and Leonard Jourdine of M'Intosh county, shall be, and they are hereby appointed commissioners, to ascertain and new mark the dividing line between the said counties of Liberty and M'Intosh, in the following manner, to wit:Commencing at the head or main source of Bull Town Swamp, then running a north west course, until by a right angle they shall strike the Alatamaha river at Oswald's Bluff. And the said commissioners for their services shall be allowed three dollars per day each, and their choppers one dollar each per day while performing that duty, to be paid jointly out of the funds of said counties of Liberty and M'Intosh. SEC. 2. And be it further enacted, That in case of failure of either of the above commissioners, the Inferior Court of the county where they reside, shall fill the vacancy occasioned thereby; and the report of said

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commissioners shall be made to the Inferior Courts of said counties, to be entered of record, for the information of the inhabitants thereof. SEC. 3. And be it further enacted by the authority in aforesaid, That in case of disagreement between the commissioners as to running said line, or either party should refuse to act, that then and in that case, it shall and may be lawful for the commissioner of either of the said counties, after giving thirty days notice to the commissioner of the other county, to proceed to run and new mark the line dividing said counties; which shall be deemed, held and taken as the true line. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To appoint commissioners, for the better regulating and government of the town of Milledgeville, and for incorporating the same. BE it enacted, by the Senate and House of Representatives in General Assembly met, That the following persons, to wit; David

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Fluker, Jett Thomas, Uriah Threatt, John W. Devereaux, and Thompson Bird be, and they are hereby appointed commissioners of the town of Milledgeville, and that they, or a majority of them, shall, immediately after the passing this act, convene, and proceed to the appointment of a clerk, and such other officers as they may deem necessary to carry this act into execution. SEC. 2. And be it further enacted, That the said commissioners shall hold their respective appointments, hereby given them, until the first Monday in January, eighteen hundred and eightat which time, and on every subsequent year thereafter, the citizens of Milledgeville, entitled to vote for members of the General Assembly, shall choose by ballot, five persons to succeed them as commissioners of said town, and they shall have, and are hereby vested with full power and authority to make such by laws and regulations, and inflict or impose such fines, penalties and forfeitures, and doing other incorporate acts, as in their judgment shall be conducive to the good order and government of the said town of Milledgeville Provided, That such bylaws and regulations be not repugnant to the laws and constitution of this state. SEC. 3. And be it further enacted, That any two or more Justices of the Peace for said county of Baldwin, are hereby authorized and required to preside at such elections

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for commissioners aforesaid Provided always nevertheless, That nothing herein contained shall be so construed as to prevent the election of the commissioners herein before named; and any person or persons who may hereafter be elected commissioners of said town, shall be re-eligible at the next, or any subsequent election, after the expiration of the time for which he or they may be elected as commissioners under this act. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act The more effectually to ensure the testimony of witnesses going beyond seas, or removing without the jurisdiction of the State, and aged and infirm persons. WHEREAS no provision is made by the laws of this State for taking the examination of witnesses, going beyond seas, or removing without the jurisdiction of the State, or who from infirmity may be unable to attend the Court, in suits, or actions, there pending, by which serious injuries result to the citizens thereof:

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BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby declared by the authority of the same, That in case either plaintiff or defendant may deem any witness or witnesses material, in any cause or causes pending in any of the Courts of law in this State, and who are going beyond seas, removing without the jurisdiction of the State aforesaid, or from age or other bodily infirmity, may be unable, personally to attend the said Court, application by petition to the Judge of the Superior Court, if the action is there pending, or in his absence, to one, or more Justices of the Inferior Court, stating the grounds for such application; to which petition the party so applying shall annex an affidavit, stating the materiality of the witness or witnesses, that he, she, or they, are removing without the jurisdiction of the State aforesaid, or going beyond seas, or from age, or bodily infirmity, are unable to attend Courtand that he cannot with safety proceed to trial without such testimony: And it shall be the duty of the Judge, Justice, or Justices to grant the prayer of the petitioner, and fix a day on which he, or they will attend to receive and take the examination of such witness or witnessesand when he or they shall have so taken and received the testimony aforesaid, the same shall be sealed up, and directed to the Clerk of that Court, in which the suit, or action may be then pending Provided always, The adverse party

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have at least three days notice, for every twenty miles, he, she, or they may reside from the place of taking such examination And provided also, That in case the person, or persons, whose testimony shall have been taken, return, or be able to attend such Court, that then, and in that case, such written testimony shall not be received or read. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To amend and explain an act, entitled An act to revise and amend an act to incorporate the town of St. Mary'sso far as respects the second and ninth sections of the said act. WHEREAS in and by the said act, it is among other things enacted, That any two Justices of the Peace for the county of Camden, shall, without loss of time, after the passing of this act, and on the second Monday in October, annually thereafter, given ten days public notice, in two or more places, before the election shall take place; and whereas doubts have arisen respecting the construction

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of the said clause, in the second section of the said act, as to the true intention of the Legislature BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the true intent and meaning of the said section was, and is, to hold the election for councilmen, on the second Monday in Octoberten days previous and public notice being first given. And whereas in, and by the ninth section of the said incorporating act, power is vested in the corporation to elect commissioners of pilotage, and to prescribe such rules and regulations for their government, as they may see fitthereby preclading that body from having any control over the conduct of pilots, or passing such by laws and regulations, which to them might seem properwhich is absolutely inconsistent, unreasonable, and unjust BE it therefore enacted, by the anthority aforesaid, That the said intendant and council, are hereby authorized and required to appoint a board of commissioners of pilotage, for the port and district of St. Mary'swho shall hold their appointments during good behaviour, unless sooner removed by sentence on impeachment: and the said commissioners shall have power to appoint any number of pilots they may see fit for the same, and

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to [Illegible Text] and establish any such rules and regulations as they may deem expedient thereforwhich rules and regulations shall be binding on all pilots, and those that act under them, any law to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To incorporate the Presbyterian Church of the city of Savannah. WHEREAS a number of the inhabitants of the city of Savannah and county of Chatham, have by their memorial represented to the Legislature, that on the 16th day of January, 1756, a certain lot of land, situate and being in the city of Savannah, and known by the letter K was granted to James Powell, Robert Bolton, James Miller, Joseph Gibbons, William Gibbons, Benjamin Farley, William Wright, David Fox and John Fox, their heirs and assigns forever, in trust nevertheless, and to the intent and purpose that a Meeting-House or place of public worship

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for the service of Almighty God, should be erected thereon, for the use of such persons as were then residing, or might thereafter reside in the district of Savannah, as were professors of the doctrines of the Church of Scotland, agreeable to the Westminster confession of faith, with a proviso in the said grant contained, that should such Meeting-House or place of worship not be erected on the said lot within the time therein limitted, then the said lot should revert to the grantors, that a Meeting-House was built within the time limitted, and the professors of the Presbyterian Religion, held, occupied and used the same as their place of public worship, until the said Meeting-House was destroyed by fire, in the month of November, 1796, and the said lot was afterwards disposed of by the then Trustees, on building leases, and hath ever since been held by the Lesseesthat in the year 1800, the professors of the said Presbyterian religion were enabled by subscription to build a Church on their other lot in the said city of Savannah, known by the letter Q, which is their present place of worship, and have prayed that a certain act of the Legislature relative to the said Church be repealed, and that they, the said memorialists, may be made a body corporate, and Trustees appointed for the said Presbyterian Church or congregation: BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That Thomas

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Newell, Charles Harris, Francis Courvoisie, John G. Williamson, John Scriven, Barrack Gibbons, Thomas F. Williams, Fingal T. Flyming and Benjamin Maurice, 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 of the city of Savannah. SEC. 2. And be it further enacted, That the said Trustees and their successors in office, shall be invested with all manner of property, real and personal, all monies due, and to grow due, donations, gifts, grants, privileges and immunities whatsoever, which shall or may belong to the said Presbyterian Church, at the time of the passing of this act, or which shall, or may at any time, or times hereafter be granted, given, conveyed, or transferred to them, or their successors in OfficeTo have and to hold the same, to the said Trustees, and their successors in office, to the only proper use, benefit, and behoof of the said church forever.And the said Trustees and their successors in office, may have and use a common seal, and shall be, and they are hereby declared to be capable, by the name and style aforesaid, of suing and being sued, impleading and being impleaded, in any court or courts of law or equity, and of using and taking all lawful and necessary ways and means for recovering or defending any property whatever, which the said church may have, hold, claim or demand, or the rents, [Illegible Text] and profits thereof, or of any part thereof.

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SEC. 3. And be it further enacted, That the above named Trustees shall continue in office until Easter Monday, in one thousand eight hundred and eightand that on the said Easter Monday, one thousand eight hundred and eight, annually, thereafter, the members of the said church shall convene at the said church, between the hours of ten and two o'clock, and then, and there elect, from among the said members nine fit and discreet persons, as Trustees of the said church, who shall be vested with all necessary powers, to carry the several purposes intended by this act into full effect. SEC. 4. And be it further enacted, That nothing herein contained shall be construed to vest in the said Trustees, any right or title, or color of right or title to any estate or property whatsoever, real or personal, other than such as doth, or may rightfully and lawfully belong to the said Presbyterian Church, or congregation, hereby made a body corporate. SEC. 5. And be it further enacted, That it shall not be lawful for the said Trustees, or their successors in office, at any time or times, hereafter, to grant, bargain, sell, alien, or convey, any real estate whatsoever, belonging to the said church, to any person or persons, under any pretence, or upon any consideration whatsoever, so as to dispose of the [Illegible Text] simple thereof. SEC. 6. And be it further enacted, That

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an act entitled An act to increase the funds of the Presbyterian Church of the city of Savannah, be, and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To limit the jurisdiction of the Mayor's Court in the city of Savannah, and to alter the times of holding the same. WHEREAS the frequent sittings of the Mayor's Court in the city of Savannah, and the small sums of which it has cognizance under the existing laws, hath been found to operate grievously and oppressively on the inhabitants of the said cityFor remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is enacted by the authority of the same, That from and after the first day of January next, the said court shall not take cognizance of any cause in which the plaintiff's demand shall not exceed thirty dollars.

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SEC. 2. And be it enacted, That from and after the said first day of January next, the said court shall be held quarterly, on the days and times herein after mentioned, that is to say:On the third Tuesday in March, the third Tuesday in June, the third Tuesday in September, and the third Tuesday in December in every year. SEC. 3. And be it further enacted, That all acts heretofore passed, so far as the same militate with this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To authorize the Judges of the Superior Courts of this State, to alternate in their districts. 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 it shall and may be lawful for the Judges of the Superior Courts of this State, and they are hereby authorized to alternate in their districts,

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from and immediately after the first day of January next, any law to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act For the better regulation and government of the town of Athens, and to incorporate the same. BE it enacted by the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That William Malone, Stephen Thomas, and Hope Hull, be appointed commissioners of the town of Athens, and that they, or a majority of them shall, immediately after the passing of this act, convene and proceed to the appointment of a secretary, and such other officers as they may deem necessary to carry this act into execution. SEC. 2. And be it further enacted, That the said commissioners shall hold their respective appointments, hereby given them, until the first Monday in January, eighteen hundred and eightat which time, and on

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every subsequent year thereafter, the citizens of the town of Athens, entitled to vote for members of the General Assembly, shall choose by ballot, three persons to succeed them as commissioners of said town, and they shall have, and they are hereby vested with full power and authority, to make such by-laws and regulations, and inflict, or impose such fines, penalties and forfeitures, and to do such other incorporate acts, as in their judgment shall be conducive to the good order and government of the said town of Athens Provided. That such by-laws and regulations be not repugnant to the constitutional laws of this State. SEC. 3. And be it further enacted, That any two or more Justices of the Peace for said county of Clarke, are hereby authorized and required to preside at such elections for commissioners aforesaid Provided always, That nothing herein contained, shall be so construed as to prevent the election of the commissioners herein before namedand any person, or persons, who may hereafter be elected commissioners of said town, shall be eligible at the next, or any subsequent election, after the expiration of the time for which he, or they may have been elected as commissioners under this act. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806.

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An Act To extend the operation of the laws of this State, [Illegible Text] the persons resident in Wafford's Settlement, and to organize the same. 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 immediately from and after the passing of this act, that the land included in Wafford's Settlement, as defined and marked by the Cherokee Nation of Indians, by their agents James [Illegible Text] and Katahee, in conjunction with James Blair, Esq. on the part of the United States, be added to and become a part of the counties of Franklin and Jackson, and that the line dividing the said counties, be extended in the same direction until it [Illegible Text] intersect the external boundary of Wafford's Settlement. SEC. 2. And be it further enacted, That it shall be the duty of the [Illegible Text] Courts of said counties, to organize the persons resident within the said lines, and each and every person, and persons residing within the said district, are hereby declared to be subject to the full force and operation of the laws of this State, and entitled to all the rights, privileges, and immunities of free citizens of this State.

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SEC. 3. And be it further enacted, That for the quieting and securing the said persons in the enjoyment of their habitations and lands it shall not be lawful for the land courts of said counties, to grant any land warrant to be located between the line run and marked by Col. Hawkins, and the said lines run and marked by the said Cherokee Indians, and James Blair; and it shall not be lawful for any Survey or to run, locate, or survey any lands within the above described lines, upon any such warrant, or any other warrant whatsoeverand all such surveys, and the grants, which shall issue thereon, are hereby declared to be null and voidany law to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To authorize Pleasant Walton to erect a Mill on Little River. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That it shall be lawful for Pleasant

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Walton, of the county of Lincoln, to erect a Mill at his Mill-Seat, on Little River, near his plantation Provided nevertheless, That the same does not interfere with the rights of any other personany law to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act For the better regulating the admission of attornies to plead and practice in the several Courts of Law and Equity within this State. 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, all, and every person or persons whatsoever, who are citizens of this State, may, on application to the Judge of the Superior Court, be admitted to practice as an attorney Provided, such person shall produce satisfactory evidence of his moral rectitude, and shall undergo an examination in open Court, upon a day assigned

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for that purpose, by the Judgeany law, usage or custom to the contrary notwithstanding. SEC. 2. And be it further enacted, That the rules of Court relative to the admission of Attornies, which requires the applicant to study any particular length of time in the office of any Judge or practitioner of law, be, and the same is hereby declared to be abrogated and void. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To regulate the navigation of the Savannah river, between the cities of Savannah and Augusta, so far as it respects the patroons of boats. WHEREAS it is found from experience to be highly improper and inexpedient for the boats employed in the carrying trade between the cities of Savannah and Augusta, to be commanded by, and under the care of slavesFor remedy whereof,

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BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of January next, it shall not be lawful for any negro slave or other person of color, to have the command, or to act as patroon of any boat carrying goods, wares and merchandize, or produce, from either of the said cities to the other. SEC. 2. And be it further enacted, That persons transgressing this act, shall be liable to indictment in the Superior Courts of this State; and on conviction thereof, shall forfeit and pay the sum of two hundred dollars; one half thereof to the use of the informer, and the other half to the use of the county where such conviction shall take place. And the party so offending, shall moreover be liable for all losses which may happen to the owners of property on board such boats, the usual dangers of the river, and other exceptions, not excepted. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806.

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An Act To alter and amend the second and fourth sections of an act, entitled An act for the establishing and regulating patrols, and for preventing any person from purchasing provisions or any other commodities from, or selling such to any slave, unless such slave shall produce a ticket from his or her owner, manager or employer. WHEREAS the fines imposed by said act for the refusal and neglect of patrol duty, is found from experience to be inadequate for the purposes therein intendedFor remedy whereof, BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That any person liable to do and perform patrol duty, as prescribed in the above recited act, who shall refuse or neglect to do and perform the same, shall forfeit and pay a sum not exceeding five dollars for each offence, to be adjudged by a majority of the militia officers of the company district where the offence shall be committed, and levied by distress and sale of the offender's goods, under the hand and seal of the captain or commanding officer of such company,

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to be paid over to the Inferior Court, for the use of the poor of the county where such offence shall be committed; unless sufficient excuse be made to the officers of such company on their next ensuing muster day. And it shall be the duty of the commanders of patrols to make a just and true return of all defaulters in their respective districts, to the captain or commanding officer of the company, on the muster day after they shall have been appointed. And if any person shall be regularly appointed to command the patrol, agreeable to the above recited act, who shall refuse to accept of such command, or after accepting thereof, shall refuse or neglect to do his duty, such person so offending, shall for every such offence, forfeit and pay a sum not exceeding ten dollars, to be adjudged by a majority of the officers of the company, and levied by distress and sale of the offender's goods, under the hand and seal of the captain or commanding officer of the company, and paid over to the Inferior Court, for the use of the poor of the county where such offence shall be committed. SEC. 2. And be it further enacted, That any thing in the above recited act which militates against this act, be, and the same is hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806.

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An Act To amend an act, entitled An act for ordering and governing slaves within this province, and for establishing a jurisdiction for the trial of offences committed by such slaves and other persons therein mentioned, and to prevent the inveigling and carrying away slaves, from their masters, owners or employers. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That the several crimes and offences herein after particularly enumerated, are hereby declared to be felonythat is to say:If any slave, free negro, Indian, mulatto or mustizo, (Indians in amity with the United States excepted) shall be guilty of homicide of any sort, upon any white person, except by misadventure, or, if a slave, in defence of his or her owner, or other person under whose care and government such slave shall be, or shall raise or attempt to raise any insurrection, or commit or attempt to commit any rape on any white person whomsoever, every such offender or offenders, his and their aiders and abettors, shall upon conviction thereof, suffer death; or if any slave, free negro, Indian, mulatto or mustizo, (except

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as before excepted) shall wilfully and maliciously kill any slave, free negro, Indian, mulatto or mustizo, or shall break open, burn or destroy any dwelling-house or other building whatsoever, or set fire to any rice, corn or other grain, tar kiln, barrel or barrels of pitch, tar, turpentine, rosin, or any other goods or commodities whatsoever, or shall steal any goods or chattels whatsoever, or inveigle, delude or entice any slave or slaves to run away, whereby the owner or owners of such slave or slaves, shall, might, or would have lost or been deprived of such slave or slaves, every such slave, free negro, Indian, mulatto or mustizo, and his and their accomplices, aiders and abettors, shall upon convict on as aforesaid, suffer death, or such other punishment as the justices and jury shall in their discretion think fit Provided, That such slave, free negro, Indian, mulatto or mustizo as aforesaid, shall have actually prepared provisions, arms, ammunition, horse or horses, or any flat, canoe or other vessel, or done any other overt act, whereby their intentions shall be manifested. SEC. 2. And be it further enacted by the authority aforesaid, That the trial of any such free negro, Indian, mulatto or mustizo as aforesaid, shall be had, held and conducted in the same manner, and be governed by the same rules and regulations, as to evidence and punishment as in and by the act aforesaid is directed for the trial and punishment of slaves.

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SEC. 3. And be it further enacted, That the twelfth clause, and such other parts of the said act, and all other acts, so far as the same are contrary to this act, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To compensate the Justices of the Inferior Courts. WHEREAS arduous duties are imposed upon the Justices of the Inferior Courts of the several counties in this State, for which no compensation is allowed: And whereas it is declared in the 4th section of the 3d article of the constitutionthat the Justices of the Inferior Courts may be compensated in such manner as the Legislature may by law direct: 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 there shall be a tax levied on all suits which may be commenced after the date hereof in the Superior and Inferior Courts of the several counties

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of this State, in the following manner, that is to say:On all suits not exceeding one hundred dollars, the sum of one dollar; on all suits exceeding one hundred, and not exceeding three hundred dollars, the sum of one hundred and fifty cents; on all suits exceeding three hundred, and not exceeding five hundred dollars, two dollars; on all exceeding five hundred dollars, the sum of three dollars; and on all actions of ejectment, the sum of two dollars; which said several sums shall be paid by the parties cast in such suits, and shall be taxed in the bill of cost, and collected in the same manner as other costs of such suits. SEC. 2. And be it further enacted, That all monies which shall be collected or received by any of the officers of the said courts, on account of the aforesaid tax upon suits, shall be paid to the Justices of the Inferior Court of the county in which such proceedings shall have taken place, as a compensation for their services; and all and every officer of the said courts who shall neglect or refuse to pay over such money, after an order shall be made for that purpose by such court, shall be deemed guilty of contempt, and may be proceeded against by attachment. SEC. 3. And be it further enacted by the authority aforesaid, That the aforesaid monies

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shall be equally divided between the said Justices of the Inferior Court. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To establish the fees of the public officers of this State, on all grants that may be issued in the counties of Baldwin and Wilkinson, under the act of the General Assembly of this State, passed at Louisville, the 26th of June, 1806. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That for each grant issued in the counties of Baldwin and Wilkinson, for the lands obtained by treaty, entered into by Henry Dearborn, Secretary at War, for the use of Georgia, and the Creek Nation of Indians, on the fourteenth of November, eighteen hundred and five, the Secretary of State shall be entitled to receive sixty centsthe Surveyor General fifty centsthe Secretaries to the Executive Department eight cents each; the Treasurer eight cents; and the Comptroller General eight cents: which shall be in full for the services by them performed, in

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granting said land.And the Governor is hereby authorized, quarter yearly to draw a warrant on the treasury in favor of the aforesaid officers, for the said several sums, as they become due. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To revise and amend An act to distribute and dispose of the late cession of land obtained from the Creek Nation of Indians, by Henry Dearborn, Secretary at War, being specially authorized therefor, by the President of the United States, in a Treaty concluded at the city of Washington, on the fourteenth day of November, one thousand eight hundred and fiveso far as it respects those persons that were entitled to draws in the present contemplated Land Lottery, agreeably to the requisitions of this act, and were prevented from giving in their names from sickness and other casualties, or who have not paid taxes in conformity to the said act. WHEREAS it doth appear by the petitions of sundry persons, to this Legislature, stating that they were absent from this State, prevented by sickness, or other unavoidable misfortunes, from giving in their names for draws in the present contemplated Land LotteryFor remedy whereof,

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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 it shall be the duty of the Justices of the Inferior Courts of the several counties within this State, to meet at their respective Court-Houses, three separate times, within the term of three months from the publication of this actfirst giving twenty days public notice of such meetings, in two of the most public places in each battalion district within their countiesand shall proceed to take, and enter the names of all applicants [Illegible Text] to draws, agreeably to the requisitions of the above recited actand they shall be entitled to receive from each applicant twelve and an half cents for each draw such person or persons shall be entitled [Illegible Text] And it is hereby declared to be the duties of the Justices of the Inferior Courts of the several [Illegible Text] within this State, to transmit a list of such names, so taken by them, within three months from the publication of this law, to the Executive department, that such persons names may be entered on the general list, and enjoy an equal participation with other citizens in the present comtemplated land lottery. SEC. 2. And be it further enacted, That all male persons over the age of twenty-one years, having all the requisitions, as specified in the aforesaid act, other than having paid taxes, shall be admitted to have a draw or draws in the contemplated Land Lottery

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without having paid taxesany thing in the said act to the contrary notwithstanding.And His Excellency the Governor is hereby required to give the out lines of this act, in one or more of the public gazettes of this State, so soon as it shall receive his assent and signature. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To relieve certain fortunate drawers in the late Land Lottery. WHEREAS by an act, supplementary to an act, entitled An act to make distribution of the late cession of lands obtained from the Creek Nation, by the United States' commissioners, in a treaty entered into at or near Fort Wilkinson, on the sixteenth day of June, eighteen hundred and two, it is enacted that monies directed to be paid into the treasury in lieu of office fees, in pursuance of the act, entitled an act to alter and amend an act to make distribution of the late cession of land, obtained from the Creek Nation, by the United States' commissioners, in a treaty

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entered into at, or near Fort-Wilkinson, on the sixteenth day of June, eighteen hundred and two, passed at Louisville, the eleventh day of May, eighteen hundred and three, shall be paid within the term of twelve months from and after the completion of the lottery contemplated by the aforesaid act, and in default thereof, such lots of land, on which the whole of the monies shall not then be paid, shall revert to, and become the property of this State, and sold in like manner, as fractional parts of surveys. And whereas many persons who have been fortunate drawers in the aforesaid lottery, have failed and omitted to take out their grants within the time prescribed by the said law; For remedy whereof, BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the term allowed for receiving monies on grants in lieu of office fees, in pursuance of the aforesaid act, shall be, and the same is hereby continued and extended to the tenth day of November nextany law to the contrary notwithstanding Provided nevertheless, That nothing herein contained shall authorize the Governor to issue any grant, to persons who may have given in their names, and drawn land, contrary to the provisions of the aforesaid act. And whereas the commissioners of the said lottery, in transcribing the names of the fortunate drawers, into the book deposited in

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the Executive chamber, in some few instances, have, by mistake entered the names of persons who were not fortunate drawers, in lieu of those who were; by reason whereof, those legally [Illegible Text], although they hold the land, cannot obtain grants therefor, without provision is made by law for that purpose BE it therefore enacted. That in each and every such case, His Excellency the Governor, be, and he is hereby authorized and required, to cause such grant or grants to issue, in the name of the real fortunate drawer his heirs, or devisees, according to the justice of the caseand all the grants which have issued in consequence of such mistake, shall be, and are hereby declared to be null and void Provided nevertheless, if the holders of such grants shall return the same to the Executive chamber, His Excellency the Governor shall cause the true name to be inserted therein, and in the records of the different offices, free from all additional charge; which grants shall be good and valid in law, any thing herein contained to the contrary notwithstanding. SEC. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the Clerks of the Superior Courts of the several counties within this State, to cause a correct list of the persons whose names were entered, as being entitled to draws in the late land lottery, to be laid before the Grand Juries of their respective counties, at the next term of the Superior Court to be held therein, whose duty it shall be to examine and report

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to the Court the names of all persons who were not entitled, under said act, to a draw, or draws in said lottery; and the Court shall direct the Clerk to transmit a correct list of all such persons to His Excellency the Governor, whose duty it shall be, to cause the same to be compared with the list of the fortunate drawers, and if it should be found that any person, or persons have drawn a tract, or tracts of land, on such fraudulent return, the grant which may have issued, is hereby declared to be null and void, and the same hereby set apart for the redemption of the public debt Provided, That His Excellency the Governor shall immediately cause a list of the names of all persons who shall appear to have made such [Illegible Text] returns, to be published thirty days, in one, or more of the public gazettes of this State, requiring such person, or persons to file in his office, such testimony as he, she, or they may think proper to substantiate his, her, or their claim; which shall, by his Excellency the Governor, be laid before the next Legislature, by them to be admitted, or otherwise acted on as they shall deem proper. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806.

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An Act To sell and dispose of the fractional parts of surveys of land, in the counties of Baldwin and Wilkinson, reserved to the State by an act of the General Assembly, passed at Louisville, the 16th day of June, 1806. 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 all the fractional parts of surveys of land, reserved to the State by a late land law, making distribution of the lands lately acquired from the Creek Nation of Indians, by a treaty concluded at the city of Washington, the 14th day of November, 1805, by Henry Dearborn, Secretary at War, being specially authorized therefor by the President of the United States; and lying and being on the rivers Ocmulgee and Oconee, and also on the present and former temporary boundary lines, shall be sold in separate lots, to the highest bidder, in the town of Milledgeville, in the following manner, to wit:The commissioners hereafter to be appointed, shall by advertisement to be published immediately after the completion of the contemplated lottery, by first giving sixty days notice in the [Illegible Text] of Petersburg, Washington, (Wilkes county)

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Sparta, Augusta, Louisville and Savannah; in which advertisement shall be particularly specified, the day or days on which the fractions in each county, and in each district, will be sold, and the terms of sale, proceed to sell the same between the hours of ten o'clock in the forenoon, and three o'clock in the afternoon, commencing by the sale of the first or lowest fraction in the fork of the Ocmulgee and Oconee rivers, in Wilkinson County, and continuing up the Oconee river, in a regular progression, to the mouth of Toulou Hatchie, the former boundary line; thence up that line to where the line that divides the counties of Wilkinson and Baldwin crosses the same; thence beginning again at the fork of the said rivers, and proceed to sell the first or lowest fraction, not heretofore sold, on the Ocmulgee river; thence up the Ocmulgee river in the like progression as on the Oconee river, to where the dividing line of Wilkinson and Baldwin Counties strikes the said river; thence in the same progression up the said river, in Baldwin County, to the mouth of the Ulcofouhatchie, where the present temporary boundary line leaves the said river; thence on the said line to where it will intersect the former boundary line, at the High Shoals of the Appalachee; thence on that line, through Baldwin County, to the line that divides the said county from Wilkinson, which includes all the fractions that may be created in pursuance of the late land law.

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SEC. 2. And be it further enacted by the authority aforesaid, That three commissioners shall be appointed by joint ballot of the Legislature, and they, or a majority of them, shall be sufficient to carry this act into effect; who shall, before they enter on the duties required of them by this act, give bond with two or more sufficient securities, to his Excellency the Governor for the time being, and his successors in office, in the sum of thirty thousand dollars each, for the due and faithful performance of the trust reposed in them; which bond shall be taken by his Excellency the Governor, or by any two of the Justices of the Inferior Court of the county where such commissioner may reside, and immediately transmitted to the Executive Department; and shall moreover take and subscribe the following oath, viz: I, A. B. do solemnly swear, or affirm, (as the case may be) that I will faithfully discharge the duties imposed on me by this act; and that I will make due returns of all bonds and other securities, to the treasury of this State, which come into my hands, as commissioner aforesaidSo help me God. SEC. 3. And be it further enacted by the authority aforesaid, That the commissioners shall take bond of the purchasers, payable in four equal annual instalments, together with good and sufficient security; which bond and security may be given by the person or persons

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purchasing, his or their attornies or [Illegible Text], duly authorized to execute the same, and shall be taken in the name of, and made payable to His Excellency the Governor, for the time being, and his successors in office, and by the commissioners shall be deposited in the office of the treasurer, within sixty days after the time the sales are compleated; and each commissioner shall receive as a compensation, three dollars per day, while in actual service. SEC. 4. And be it further enacted, That the commissioners aforesaid shall take bond and security of all and every purchaser, payable in the following mannerthat is to say, one fourth part thereof in twelve months after the said purchaseone fourth part at the end of twelve months thereafterone fourth part at the end of twelve months thereafter; and the remaining fourth part thereof at the end of twelve months thereafterwhich said payments shall be made in gold or silver.And said commissioners shall not be more than seventy six days on such sales (Sundays excepted.) SEC. 5. And be it further enacted by the authority aforesaid, That it shall be the duty of His Excellency the Governor, to cause grants to be made out for all the fractional parts of surveys, in the counties of Baldwin

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and Wilkinson, as aforesaid, leaving a blank for the name of the person to whom the same shall issuewhich grants shall be put in the hands of the commissioners appointed to dispose of the fractions, as aforesaid, and by them filled up, and delivered to the purchasers, on the purchasers paying the sum of four dollars and twenty five cents, on each grant which shall be received by the commissioners, and by them paid into the treasuryAnd it shall be the duty of the surveyor general, and secretary of state, to insert the name of each purchaser in the record of such plat and grant remaining in the said officesAnd it shall be the duty of the commissioners to lay a correct statement of their proceedings under this act, before the next legislature Provided nevertheless, That the said grants shall express in the face of them, that the land therein granted shall be subject to the payment of the purchase money due the State therefor, in preference to all other lands whatever, whether by judgments existing before, or entered after the date of such grant; but the said land shall not be sold to satisfy the first, second and third instalmens, unless the legislature shall expressly direct the sale thereof. SEC. 6. And be it further enacted by the authority aforesaid, That if the purchaser of any of the fractions, as aforesaid, in the counties of Baldwin and Wilkinson, shall neglect,

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or fail within one month after the same may become due, to pay the first, or any of the succeeding instalments, it shall be the duty of the treasurer to issue an execution for the amount of the debt, and interest that may be then due, directed to the sheriff where such purchaser, or his securities may reside; which shall be levied on their goods and chattles, lands and tenementsand all the property of which the purchaser is possessed, at the time of giving such bond, shall be boundand when any such purchaser shall be in default, for any one of the instalments, execution shall issue against such purchaser and his securities, and all the property of which such securities shall be possessed at the time such execution shall issue, shall be bound for the whole of the purchase money, which may then, or thereafter become dueAnd the money so collected by the sheriff, except the costs, shall be paid into the treasury within three months after the execution shall have issued; but if the money should not be collected as aforesaid, then the execution shall be, by the sheriff returned to the treasury, within the time above expressedbut should the sheriff refuse, or neglect to return the money, or the execution, as aforesaid, it shall then be the duty of the treasurer to issue his execution against the sheriff, and his [Illegible Text], for the amount of the said execution, or executions, put into his hands, directed to the coroner of the county, where such sheriff or his securities may reside; whose duty it shall be to levy,

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collect, and return the same, within three months thereafter. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To review and continue in force An act for the [Illegible Text] of actions, and avoiding suits in law; passed the 26th day of March, one thousand seven hundred and sixty-seven; and to amend the fifth and ninth [Illegible Text] of said act. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and immediately after the passing of this act, the act for the [Illegible Text] of actions and avoiding suits in law, passed on the twenty-sixth day of March, one thousand seven hundred and sixty-seven, shall be, and is hereby revived and declared to be in full force and operation, from the first day of February, one thousand seven hundred and ninety-three, until this act shall be repealed.

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SEC. 2. And be it further [Illegible Text], That if any person or persons, that is or shall be entitled to any such action of trespass, detinue, action of trover, replevin, actions of account, actions of debt, actions of trespass for assault, menace, battery, wounding or imprisonment, actions on the case for words, be, or shall be at the time of any such cause of action given or occurred, fallen or come within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or where the defendant shall remove out of the jurisdictional limits of this State, that then such person or persons shall be at liberty to bring the same actions, so as they take the same within such times as before is limitted, after their coming to, or being of full age, discovert, of sane memory, at large, or the return of the defendant into the same, as by other persons having no such impediment should be done Provided nevertheless, That all notes and instruments of writing, not under seal, bearing date [Illegible Text] [Illegible Text] [Illegible Text] of this act, shall be of the same dignity with specialties, and subject to the same limitations heretofore in force in the case of specialities, any thing in the 5th and 9th sections of the said act to the contrary notwithstanding. SEC. 3. And be it further [Illegible Text], That all acts or parts of acts, which [Illegible Text] against the intent and meaning of this act, be, and the same are hereby [Illegible Text]. SEC. 4. Provided [Illegible Text], and be it further enacted, That the limitation laws of

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this State, shall not take effect in the county of Walton, nor impede the citizens in the recovery of their just rights, until the term before expressed is elapsed, after the line of demarkation is run and plainly marked between this State and North Carolina, any law to the contrary notwithstanding. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To establish the Salaries of the public officers of this State, for the political years one thousand eight hundred and eight, and one thousand eight hundred and nine, and from thence until the same shall be repealed, and for defining the fees of malicious prosecutions. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That the public officers of this State shall receive as a salary, or compensation for their services, during the political years one thousand eight hundred and eight, and one thousand eight hundred and

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[Illegible Text], the following sumsthat is to say, the Governor, two thousand dollars per annumthe [Illegible Text] of the Executive Department, not exceeding two, five hundred dollars each, per annumthe Treasurer, twelve hundred dollars per annumThe Comptroller General, six hundred dollars per annumThe Secretary of State, two hundred dollars per annumThe Surveyor General, two hundred dollars per annumThe Secretary of the Senate, three hundred dollars per annumThe Clerk of the House of Representatives, three hundred dollars per annumThe Judges of the Superior Courts, fourteen hundred dollars each per annumand the Attorney and Solicitors General, one hundred and fifty dollars each per annum; which said several sums shall be paid to the said officers quarter yearly, out of any [Illegible Text] which may be in the treasury not otherwise specially appropriated. SEC. 2. And be it further enacted, That in all cases of presentment [Illegible Text] [Illegible Text], the party presented or indicated, shall not be subjected to the payment of the fees or costs of prosecution, where the party presented or indicted, shall be acquitted, unless the jury by their verdict shall subject such party thereto, which it shall be their duty in all cases to do, unless it shall clearly appear to the satisfaction of such jury that the prosecution is malicious, in which case the prosecutor shall pay all legal costs of such prosecution. SEC. 3. And be it further enacted, That

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this act shall continue and be in force until the expiration of the political year one thousand eight hundred and nine, and from thence until the same shall be repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To regulate the weighing of Cotton, and other comodities in this State. WHEREAS it has lately become customary with the merchants and others, in the principal commercial towns and cities, within this State, to make certain deductions from the weight of all bales, bags or packages of cotton, and other commodities, purchased from the good citizens of this State, and also to make charges for the weighing thereof; which custom operates injuriously to the people of this StateFor remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and after the first day of January next, it shall not be lawful for any person or persons, who shall weigh or purchase

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any bale, bag or package of cotton, or tierce or half tierce of rice, box or barrel of indigo, to make the deduction of two pounds per bale, bag or package of cotton, tierce and half tierce of rice, box or barrel of indigo, or any other deduction whatevernor shall it be lawful for any person to ask, demand, or receive more than six and a quarter cents for weighing any such bale, bag or package of cotton, tierce or half tierce of rice, box or barrel of indigo. SEC. 2. And be it further enacted, That it shall not be lawful for any person, or persons, in the cities of Savannah and Augusta, to weigh any bale, bag or package of cotton, tierce or half tierce of rice, box or barrel of indigo, without first taking and subscribing the following oath, before some one of the justices of the inferior court, or justices of the peace of the said countiesI, A. B. do solemnly swear, or affirm (as the case may be) that I will justly, and without partiality, weigh all bales, bags or packages of cotton, tierces or half tierces of rice, boxes or barrels of indigo, that may be brought to me for that purpose, and mark the true weight thereon, without any deduction whatever, and render a [Illegible Text] and accurate account thereof to the parties concerned, if required; So help me God. SEC. 3. And be it further enacted, That each and every person who shall offend against the provisions of this act, shall forfeit and pay for every such offence, the sum of twenty dollars, for each bale, bag or package of cotton,

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tierce or half tierce of rice, box or barrel of indigo, to be recovered in any court having [Illegible Text] thereof; one moiety thereof to the party injured or the informer, and the other to the county. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To appropriate monies for the political year eighteen hundred and seven, and to levy and collect a tax on all Banks, or offices of discount and deposit within this State, and to amend the tax act. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That for the support of government for the political year one thousand eight hundred and seven, the following sums of money be, and the same are hereby appropriated, that is to say:The salary of the Governor shall be two thousand five hundred dollarsThe Secretaries of the Executive Department, not exceeding two, five hundred dollars eachThe

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Secretary of State, two hundred dollarsThe Treasurer, twelve hundred dollarsThe Surveyor-General, two hundred dollarsThe Comptroller-General, four hundred dollarsThe Clerk of the House of Representatives, three hundred dollarsThe Secretary of the Senate, three hundred dollarsThe Judges of the Superior Courts, fourteen hundred dollars eachThe Attorney General and two Solicitors General, one hundred and fifty dollars each; which said several sums shall be, and they are hereby appropriated for their use, to be paid quarter yearly, by warrant from the Governor on the treasury, out of any monies not otherwise specially appropriated. SEC. 2. And be it further enacted, That the sum of fifteen thousand dollars be, and the same is hereby appropriated as a contingent fund, subject to the orders of the Governor. SEC. 3. And be it further enacted, That for the compensation to the members of the House of Representatives and Senate, the sum of three dollars each per day, during their attendance, and the sum of three dollars for every twenty miles in coming to, and returning from the seat of government; and the sum of four dollars each to the President of the Senate and the Speaker of the House of Representatives during their attendance, and the sum of three dollars each for every twenty miles in coming to, and returning from the seat of government; to the Clerk of the

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House of Representatives and Secretary of the Senate, during the sitting of the Legislature, four dollars each per day, and the sum of dollars each for contingent expences, c. c.; to two engrossing clerks of the Senate, and two of the House of Representatives, four dollars each per day during their attendance; to the messenger and door keeper of the Senate, and messenger and door-keeper of the House of Representatives, three dollars each per day; to Edmund Booker Jenkins, clerk of the committee of finance, forty dollars; to William Marbury, clerk of the committee on the state of the republic, forty dollars; to the Adjutant-General, three dollars per day while in actual service; to the commissioners for the sale of the fractional parts of surveys of land in the counties of Wilkinson, Baldwin and Wayne, their secretary and cryer, three dollars per day each while in actual service; to Edmund Lane, clerk to the committee of enquiry, forty dollars; to Graystock Roberts, for his attendance on the said committee, the sum of twenty dollars; to Maxfield Kennedy, the sum of fourteen dollars six and a quarter cents, agreeably to a concurred resolution; to Jett Thomas, Esq. the sum of ten thousand dollars, agreeably to a contract entered into by the commissioners of Milledgeville, for the building the State-House, and the further sum of ten thousand dollars, subject to the draft of the commissioners of Milledgeville, for carrying on the said building, if

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they should deem it necessary; to Jacob Robinson, one hundred and five dollars, in full for his services as a Brigade-Major, agreeably to a resolution of this House; to Joseph Lemaster, the sum of seventy dollars, and to William Barnett, the sum of forty five dollars, agreeably to a concurred resolution, in full for their services; to Dennis Ryan, fifty dollars, for printing seven hundred bonds and seven hundred mortgages, agreeably to a contract made with the commissioners for the sale of the fractional surveys; to the engrossing clerks, door-keepers and messengers of each branch, three dollars for every twenty miles going home; which said several sums shall be paid out of any monies which now are, or that may hereafter come into the treasury. SEC. 4. And be it further enacted by the authority aforesaid, That it shall be the duty of the receivers of tax returns, to make out three digests, and to deposit one with the comptroller general as heretofore and the other two with the clerk of the inferior court; and it shall be the duty of the clerk, on application of the tax collector (he first receipting for the same) to deliver one of said [Illegible Text], to enable him to collect the taxes therein contained. SEC. 5. And it is hereby enacted by the authority aforesaid, That all the property of the tax collector, and his securities, of which they, or either of them were possessed, at the time of entering into bond, shall be bound

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from the signing the same, for the amount which may be due the State. SEC. 6. And be it further enacted by the authority aforesaid, That there shall be annually levied, collected, and paid into the treasury of this State, agreeably to the manner pointed out, in by an act of the General Assembly, entitled An act to amend and continue in force an act to raise a tax for the year one thousand eight hundred and six, until the meeting of the next General Assembly, and from thence until the same shall be repealed, passed on the fourth December, eighteen hundred and five, a tax of thirty-one and one quarter cents on every hundred dollars, on the amount of the capital of any bank, or office of discount and deposit, to be returned in manner pointed out, in and by said act, which shall be collected annually, until the same shall be repealed by law. SEC. 7. And be it further enacted, That there shall be annually levied and collected upon all stallions or covering horses, let to mares for hire, a tax equal to the season or price of one mare let to such stallion or covering horse. SEC. 8. And be it further enacted, That in all cases where any stallion or covering horse shal be sent into this State to be let to mares by citizens or persons resident without the limits of this State, it shall and may be lawful for, and it is hereby declared to be the duty of the tax collector of the county where such stallion or covering horse shall be let to

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mares, to levy and collect the said tax, at any time after the commencement of the season, and before the close of the same BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806. An Act To amend the several acts regulating [Illegible Text] in this State, so far as respects the operation of said acts in the counties of Bryan, Liberty, [Illegible Text], Glynn, Camden and Wayne. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the commissioners or surveyors of the several districts or divisions heretofore appointed by virtue of an act passed at Louisville, the tenth day of December, eighteen hundred and three, are hereby [Illegible Text] and required to continue to work upon, clear, amend, repair, erect and improve the several roads, bridges, fords, causeways and water passages in the counties of Bryan, Liberty, M'Intosh, Glynn, Wayne and Camden as are already laid out, opened, erected

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and cleared, and to lay out, open, erect and clear any other that may hereafter be found necessary. SEC. 2. And be it further enacted, That all male white inhabitants (except permanent residents of the town of Sunbury) free negrees and mulattoes, and all male slaves from the age of eighteen to forty-five years, shall be, and they are hereby declared to be obliged to appear and work upon the several roads, creeks, causeways, water passages and bridges, within the several districts or divisions to which such male white inhabitants, free negroes and mulattoes respectively belong; and all male slaves shall be allotted (according to their places of residence) pursuant to the mode herein after pointed out, or such white male inhabitants, free negroes and mulattoes, and owners, managers and employers of such negroes and other male slaves, shall be liable to the fines and penalties in this act defined and expressed Provided nevertheless, That nothing herein contained shall extend or be construed to extend to subject practitioners of physic or teachers of schools to personal working or attendance on the roads, causeways, bridges and water passages, within the several districts or divisions wherein such persons shall or may reside. SEC. 3. And be it further enacted, That the commissioners or surveyors so appointed, or a majority of them, shall, and they have full power and authority to appoint one or

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more person or persons, within their several districts and divisions, to summons all such persons as are obliged to work within the said districts or divisions, at such time of the year, and for as many days as they may think [Illegible Text] and necessary (not to exceed six days at one time, or twelve days in one year) to repair, erect, open, clear and work upon the several roads, bridges, causeways, water passages and water courses within the same; and said summoner or summoners, before entering on the duties of his or their appointment, shall take the following oath, to be administered by one of the commissioners or surveyors of said district, viz: I, A. B. do solemnly swear (or affirm) that I will faithfully discharge the duties of summoner of the district to which I am appointed, and that I will receive no return from any owner, manager or other person unless such owner, manager or other person, take the oath prescribed by lawSo help me God. And the several owners or managers of male slaves, within their several districts, shall, when summoned, deliver to the person summoning, a list in writing or print, on oath, of all such male slaves as by this act are liable to work, which shall be as follows, viz: I, A. B. do solemnly swear (or affirm) that the list which I now give in is a just and true return of all the male slaves subject to road duty, under my control, either as owner, executor, administrator, agent or manager, to the best of my knowledge and beliefSo help me God.Which oath the said summoner

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is hereby authorized and empowered to administer. And for the refusal of such owner or other person, in his or her behalf, to give in a list of all such slaves on oath) as by this act are liable to work, shall forfeit the sum of three hundred dollars, to be recovered in any court having cognizance thereof, to be levied of the goods and [Illegible Text] of such owner, and which shall come to trial at the first term after commencing the suit. SEC. 4. And be it further enacted, That the person or persons summoning as aforesaid, shall [Illegible Text] exempt from his or their personal labor [Illegible Text] such districts or divisions; and in case any person or persons appointed to summons as aforesaid, shall neglect or refuse so to do, such person or persons shall severally forfeit thirty dollars for every such offence, to [Illegible Text] levied by warrant of distress, and sale of the offenders goods and chattels, under the hands and seals of a majority of the commissioners or surveyors of said district. SEC. 5. And be it further enacted, That the commissioners or surveyors, shall give at least, ten days notice to all persons subject to work within their respective districts or divisions, of the time and place of attendance, with such tools as they may deem necessary; and if any person subject to work as aforesaid, shall fail to attend agreeably to such notice, together with all slaves liable to work on the roads by this act, owned by them, or under their care and management, they shall be subject

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to the following fines, to wit:For the non-attendance of every free person, the sum of two dollars per day, and for every slave, the sum of one dollar per day, to be levied by warrant of distress and sale of the offenders goods and chattels, under the hands and seals of a majority of the commissioners or surveyors of the district in which the same shall be assessed or be incurred, and directed to any constable of the county wherein such offender or offenders property shall or may be found, whose duty it shall be to execute the same without delay, and the said constable shall be entitled to the same fees as are allowed for executing other processes of a similar nature; and in all cases where the fines accuring and imposed by this act, shall exceed the sum of thirty dollars against any one offender it shall be the duty of the said commissioners or a majority of them, and they are hereby authorized, required and directed to issue separate and [Illegible Text] executions against such offender's goods and [Illegible Text] for the amount of the fine incurred by the default of each and every slave of such offenders severally; which said fines when evied, shall be paid by the said constable to the commissioners, or any one of them, who shall apply the same towards the repairs of the several roads, bridges and cause ways within suchdivision, and be severally answerable for the sums received by them to the board of commissioners, and shall make a return of the sum or sums of money by them received as

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aforesaid, and of the particular bridges, causeways or roads, about which they have expended and [Illegible Text] out the same, or parts thereof, at the annual meeting of the board; unless the party making such default, shall, within ten days thereafter, make such excuse on oath, as may be deemed satisfactory to the commissioners of their respective districts or divisions. SEC. 6. And be it further enacted, That every male white inhabitant liable to work and appear as aforesaid, shall, when summoned and appearing as aforesaid, in his division or district, if required, carry with him one good and sufficient gun or pair of pistols, and at least nine cartridges to fit the same, or twelve loads of powder and ball, or buck shot, under the penalty of one dollar for every day he shall neglect so to do. SEC. 7. And be it further enacted, That no civil officer or any person whatsoever, shall, on any pretence, execute any warrant or process, unless for felony, treason, or breach of the peace, on any person or persons, during the time any such person or persons shall be working upon the said roads, or in going to, and returning from working, and appearing as aforesaid on the same, or within twenty four hours after such person or persons shall be discharged from working upon such roads, under the penalty of ten dollars; and the service of such warrant or summons on any person, is hereby declared to be null and void to all intents and purposes;

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and during the time aforesaid, not any implement, for any cause, matter or thing whatever, except it be for any payment or assessment mentioned in, or for any fine or forfeiture incurred by this act; but arms and accoutrements shall not be liable to be seized or taken under any pretence whatever; and in case any person shall seize, destrain or levy upon any such implements of labour, arms and accoutrements except as aforesaid, every such person shall forfeit and pay the sum of ten dollars. SEC. 8. And be it further enacted, That the commissioners aforesaid or any one of them, shall have power and authority to nominate and appoint one or more overseer or overseers in their respective districts or divisions, to attend, view, manage and direct all persons working within the same, and such overseer or overseers, hereby have full power to correct any slave or slaves neglecting the work by them to be done, or otherwise offending; and in case any white person, free negro or mulatto, shall neglect to work, or perform the duty required of him or them, the commissioners, or a majority of them, upon report thereof by the overseer or overseers, shall fine every person so offending, in a sum not exceeding two dollars for each day he shall so refuse or neglect; and if any person or persons, chosen overseer as aforesaid, shall refuse to do and perform the duty thereof, such person or persons, shall, at the discretion of the said commissioners, or a majority

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of them, be fined ten dollars for every such offence. SEC. 9. And be it further enacted, That if any person or persons as aforesaid, shall hinder or forbid any traveller from going through, or passing over any roads, bridges, rivers or creeks, in any division or district, or obstruct or oppose the commissioners or surveyors of such division or district, the overseers, white persons, free negroes and mulattoes or slaves, working in and upon, or clearing the same, in so doing, or making any use of trees or timber, wood or earth, in or near the same, for mending and repairing the said roads or bridges, or any causeways whatsoever, within the same, such person or persons shall forfeit a sum not exceeding thirty dollars; and the commissioners are required to allow a reasonable compensation, of which they, or a majority of them shall judge, for the trees or timber to the owners thereof, for the purpose of keeping in repair the several roads, bridges and causeways, to be paid out of any fines collected by virtue of this act. SEC. 10. And be it further enacted, That the several commissioners nominated and appointed, shall meet yearly, and at such time and place within the county, as the commissioners of the several divisions may appoint, giving at least twenty days notice in their respective districts, of the time when, and place where such meeting will be held; and a majority of the commissioners so convened,

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shall form a board, and then and there determine all matters relating to the several roads, bridges, rivers, creeks, causeways and water passages already laid out, erected, cleared or made, or which may be erected, cleared or made, and assign any particular part of the duty to be performed by any particular person or persons, commissioner or commissioners, and to appoint the time of working within their respective divisions or districts, and also to appoint other commissioners in the room of any dying, departing the state, declining, refusing or neglecting to act, as shall be agreed upon and determined by a majority of the commissioners then present; in the event of there not being a majority of commissioners to form a board, those present shall give ten days notice of the time and place of another meeting. SEC. 11. And be it further enacted, That any commissioner or surveyor appointed, or to be appointed, who after accepting of such appointment, shall not daily and every day, attend upon the roads within their respective districts or divisions, during the time of working on the same, or whenever thereunto required by a majority of the commissioners of such division or district, or who shall refuse or neglect to do or perform the duties required of them by this act, such [Illegible Text] or commissioners, shall, at the [Illegible Text] of the board of commissioners, [Illegible Text] and pay a sum not exceeding thirty dollars. SEC. 12. And be it further enacted, That

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if any person or persons, shall, by themselves, their slaves or servants, (for whom their respective masters, owners, managers or employers shall be answerable) alter, or in anywise damage, by stopping of water, or by any means whatever, obstruct any of the roads, bridges, rivers or creeks in any division or district already laid out, or that may hereafter be laid out, every such person or persons so offending, shall be summored by the commissioners or surveyors of the districts or divisions wherein any such offence shall be committed, or a majority of them, forthwith to amend, clear and repair the same; and in case of refusal or neglect of such person or persons so to do, such person or persons so offending, shall be fined in a sum not exceeding thirty dollars; and the said commissioners or surveyors, or a majority of them, are hereby empowered and required to hire and employ such a number of hands as may be necessary to attend, repair and clear the same; and the expense of such amendment, repairing and clearing, shall be defrayed and paid by the person or persons so offending, neglecting or refusing as aforesaid; which fine and expense shall, on refusal of payment, be levied on the goods and chattels of such offender, as in this act is directed. SEC. 13. And be it further enacted, That if at any time after the passing of this act, any number of persons should wish or desire a new public road to be laid out, opened,

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cleared and kept in repair, such persons shall communicate their wish or desire by [Illegible Text] to the board of commissioners or surveyors, at their annual meeting, therein giving an accurate and full description of the road they wish laid out, with the place from whence, and whither they wish it to lead, and through what district or districts such road is intended to run: And provided, the prayers of such petitioners should be deemed just and reasonable by the commissioners or surveyors, or a majority of them then present, they are hereby required and empowered to order such new road to be laid out, and to determine and prescribe the district or districts of such road or roads, and forthwith to appoint three commissioners to each district or division, who will accordingly proceed to lay out and cause to be opened, cleared and kept in repair such road or roads Provided, That if the said new road shall not be of sufficient length, or difficult to form, or require a separate district, the said commissioners or surveyors, or a majority of them, may at their discretion, allot the same to such other district or districts as may appear to them most equal and fair. SEC. 14. And be it further enacted, That all public roads laid out, or to be laid out, or now in use, or which shall hereafter be laid out, shall be cleared of all trees, grubs and bushes, at least twenty feet wide, and such limbs of trees as may incommode horsemen or carriages, shall be cut away: And whereas

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it may not be practicable for the several persons subject to work by this act to erect bridges over the several creeks and rivers which may be in their several districts or divisions, by working [Illegible Text] in the mode pointed out by this act: Be it further enacted, That the commissioners or surveyors of such districts or divisions, by the consent of the Justices of he Inferior Court, are hereby empowered to contract and agree with any person or persons willing to undertake the same, and the expenses thereof to be defrayed out of the county funds; and whenever it shall be necessary to erect or repair any bridge between two counties, the commissioners of the districts adjoining such bridge, in both counties, by the consent of the Justices of the Inferior Court of each county, are hereby empowered to contract with any person or persons willing to undertake the same, and the expenses thereof to be at the joint expense of each [Illegible Text] to be defrayed out of the county funds. SEC. 15. And be it further enacted, That if at any time after the passing of this act, any person or persons should wish or desire to have a private path for the convenience of his or their [Illegible Text] to the nearest public road or landing place, such person or persons shall communicate their wish or desire to the board of commissioners, at their annual meeting, therein giving an accurate and full description of the road they wish laid out, with the place from whence, and whither they

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wish it to lead; and the board are hereby empowered to determine on said petition, and if deemed reasonable, to order the laying out the same, at the joint proportional labor and expense of those who may apply for, and use the same in common, of which proportional labor and expense the board are hereby declared to be sole judges. And whereas the inhabitants within that part of Camden known by the name of Little Satilla Neck, are subject to great inconvenience from their remote situation from the main public road SEC. 16. BE it therefore enacted by the authority aforesaid, That William Scott, Nathan Adkenson and Benjamin [Illegible Text] be, and they are hereby appointed commissioners to lay out a road from Noding's point to the public road leading from Barrington to St. Mary's, taking such direction as they, in their judgement may think proper, which shall be worked upon by the inhabitants, within those limits, for the space of two years only, and governed by the same rules and regulations that are required by this act Provided nevertheless, That nothing herein contained shall be construed to exempt the inhabitants within such limits, from working on any public road which may be assigned them by the proper authority, after the expiration of the aforesaid two years from the passage of this act. SEC. 17. And be it enacted by the authority aforesaid, That Capt. Charles Dewitt, William M'Kennen, John Snead, Samuel Burnett

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and James Olney, Esquires, be, and are hereby appointed commissioners of the road leading from the town of Brunswick to Fort [Illegible Text], until the same shall intersect the main post road, leading to the town of St. Mary's.And that Job Tyson, John Thomas and Edward Pitcher, Esquires, be, and are hereby declared commissioners of the road beginning at Fort Barrington, and taking the direct route, so as to intersect the road leading to St. Mary's aforesaidAnd that the labor necessary to be done on the aforesaid road, shall be apportioned between the counties of Glynn and Wayne, in the following manner, to witThe inhabitants of Wayne, as well whites as slaves, residing within twelve miles of the said road, or any part thereof, shall be liable to, and subject to perform road dutybeginning from the south side of the river Alatamaha, immediately opposite Fort Barrington, and extending along the road already laid out, to the plantation of John Fortand all the inhabitants of Glynn, residing within ten miles of the said road, shall be liable to, and subject to perform road dutybeginning from the plantation of the said John Fort, and extending along the said road to the head of the Little Satilla, so as to intersect the Camden road. SEC. 18. And be it further enacted, That William O'Neal, Stephen Pitcher and William Clemment, be, and they are hereby appointed commissioners of the road aforesaid, leading through and bordering on the county of Wayne.

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SEC. 19. And be it further enacted by the authority aforesaid, That all persons liable to perform road duty, residing, or being on any sea island, within the county of Glynn, are hereby declared subject to work on the road leading from the town of Brunswick to Fort Barrington, until the same shall be compleated, under the direction of the commissioners aforesaid Provided nevertheless, That nothing herein contained shall compel the personal attendance of any slave or slaves, in case their masters, owners, managers or employers, shall pay to the commissioners within ten days thereafter, being notified thereof, the sum of three dollars for each and every slave or slaves, so liable to work as aforesaid; and that in default thereof, after being so notified, he, she or they shall be subject to all the fines and forfeitures, as the persons subject to road duties, residing on the main are. SEC. 20. And be it further enacted by the authority aforesaid, That it shall become the duty of the captains of the several district companies of militia, within the county of Camden, to render to the commissioners, or surveyors aforesaid, at their annual meeting, lists of all whites within their several districts, who are subject to perform duty as militiamen, on the roads aforesaid.And the commissioners shall, from the lists so to be rendered, select, and make out a roll of the names of the several persons, having regard to those only who reside within the several districts marked and pointed out by the commissioners

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aforesaidfrom which roll, or list, so made out, as aforesaid, the commissioner or commissioners of each district, shall select or divide his or their list of names, as aforesaid, into three divisions, or squadsthe first of whom shall, by the summoner or summoners, be notified to appear on the two first days, the second division on the third and fourth, and the third on the fifth and sixth daysAnd in case the aforesaid captains of districts shall neglect, or refuse to render their lists, as aforesaid, at the times aforesaid, each, and every of them so neglecting, or refusing, shall be subject to a fine of twenty dollars, to be recovered as other fines in and by this act are. SEC. 21. And be it further enacted, That all laws, or parts of laws heretofore passed, so far as respects the regulation of the public roads in the counties of Bryan, Liberty, M'Intosh, Glynn, Camden and Wayne, be, and the same are hereby repealed. BENJ. WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate. JARED IRWIN, Governor. Assented to December 8, 1806.